"The long-running copyright litigation between Thomson Reuters and ROSS Intelligence is now pending in the 3rd U.S. Circuit Court of Appeals for an interlocutory appeal of the trial judge's rulings in favor of TR. Recently here, I reported on the 10 amicus curiae briefs filed in support of ROSS, all arguing that the now-defunct AI legal research startup did not violate copyright law. Now, nine amicus briefs have been filed in support of TR."
"Those filing briefs range from major movie studios such as Disney and Paramount, to news media and copyright organizations, to individual copyright law professors, and even to TR's principal competitor LexisNexis. (Note: All of my stories covering this case back to 2020 can be found here.) The primary argument of all nine briefs is that Westlaw's headnotes are sufficiently original to qualify for copyright and that ROSS's unauthorized copying of them to build its AI legal research platform was not fair use."
Thomson Reuters and ROSS Intelligence are litigating copyright claims over Westlaw editor-created headnotes and the Key Number system. Nine amicus briefs supporting Thomson Reuters were filed by studios, news media, copyright organizations, law professors, and LexisNexis, asserting headnotes meet copyright's originality requirement and that ROSS's copying was not fair use. Earlier, a district judge granted partial summary judgment for Thomson Reuters on two issues: copyrightability of headnotes and lack of fair use. ROSS obtained permission to file an interlocutory appeal to the Third Circuit on those certified issues. The appeal could significantly affect the legal publishing industry and AI legal research platforms.
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