Description
ROSS Intelligence just filed for an en banc rehearing in Thomson Reuters v. ROSS. This non-generative AI case is already being cited in generative AI lawsuits, and the stakes for AI training are huge!
The three-judge panel made every mistake imaginable when they rejected ROSS's fair use defense—even though its tool never generated novel text and only returned judicial opinions.
They looked at the company's overall commercial goal (competing with Westlaw) instead of the specific use of the headnotes, ignored that none of the copyrighted material reached the public, and invented a circular "licensing market" for the exact use at issue—exactly what the Supreme Court denied in Campbell and others.
This matters beyond this one case. Of the amicus briefs filed for the plaintiffs in the OpenAL MDL, half of them cited Thomson Reuters v. ROSS. The panel tried to cabin its holding to non-generative AI, but rightsholders are already arguing it applies more broadly.
ROSS has brought in a heavyweight legal team, and the petition is clearly written with the Supreme Court in mind.
The saga continues!
#225 in Thomson Reuters v. ROSS Intelligence https://www.courtlistener.com/docket/70622297/225/thomson-reuters-enterprise-centre-gmbh-v-ROSS-intelligence-inc/
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0:00 - Intro
2:32 - ROSS Built an Entirely New, Non-infringing Legal Tool
3:39 - The Circuit Panel Got It Wrong in Every Conceivable Way
5:35 - They Messed up Supreme Court and Circuit Precedent, as Well as Three Fair Use Factors
7:54 - Factor One: The Use of Headnotes Was Transformative under Warhol, UpCodes, and Sega
10:37 - Factor Three: The Panel Ignored That Nothing Was Copied to the User
11:24 - Factor Four: They Can't Consider Harm to a Gerrymandered Market
12:10 - The Panel Hollows out the Fair Use Defense
13:07 - They Tried to Limit Their Ruling, but They Can't
14:43 - It Was the Panel, Not ROSS, That Distorted Copyright Law