You gotta fight ... for your Reuters ... to party
Thomson Reuters has won a partial summary judgment in a copyright case against shuttered AI firm Ross Intelligence, a decision that disallows fair use as a defense for training models on proprietary data without permission.
As the judge's memo explains,"Bulk memos are lawyers’ compilations of legal questions with good and bad answers. LegalEase gave those lawyers a guide explaining how to create those questions using Westlaw headnotes, while clarifying that the lawyers should not just copy and paste headnotes directly into the questions.""In other words, Ross built its competing product using bulk memos, which in turn were built from Westlaw headnotes," the judge's memo explains.
"The court’s analogy to chiseling marble is wholly unpersuasive because sculptors have a wide range of freedom to express themselves, while summarizers of court opinions do not," he wrote. Despite the judge's directive that his decision does not apply to generative AI – the case dates back to May 6, 2020, before ChatGPT – Edward Lee, professor of law at Santa Clara University, believes other courts hearing generative AI cases will consider judge Bibas's reasoning.
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