In what may turn out to be an influential decision in the burgeoning sphere of AI technology, in Thomson Reuters v. Ross Intelligence, the court ruled that creating short summaries of law to train Ross Intelligence’s artificial intelligence legal research application not only infringes Thomson Reuters’ copyrights as a matter of law but that the copying is not fair use. Critically, it did so (1) despite finding that a number of these issues were for the jury and (2) only two of the four fair-use factors weighed in favor of the court’s ruling. It should also be noted that the technology at issue in this case is not “generative AI” (like ChatGPT). Nevertheless, this ruling is seemingly a strong victory for rightsholders against the AI “revolution.”

Find out more from SPB’s Joe Meckes and Joeseph Grasser in their recent article, “Court: Training AI Model Based on Copyrighted Data Is Not Fair Use as a Matter of Law,” hosted on the Global IP &Technology Law Blog.

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