The company bested legal AI startup Ross Intelligence in the US after a five-year bout
Thomson Reuters has won the first major copyright case filed in the US over artificial intelligence-created content, reported Wired.
US Circuit Court Judge Stephanos Bibas ruled that legal AI startup Ross Intelligence had infringed Thomson Reuters’ copyright by generating material gleaned from Westlaw, Thomson Reuters’ legal research firm. Bibas determined that Ross Intelligence’s use of the data did not fall under fair use and that Ross Intelligence “meant to compete with Westlaw by developing a market substitute,” as per a statement published by Wired.
“Fair use” has been critical to AI companies’ defense against copyright suits. Courts typically determine fair use based on four factors: the purpose of the work, the nature of the work, how much copyrighted material is used, and the effect of the AI-generated work on the original material’s market value. The judge ruled in Thomson Reuters’ favor on two of these factors.
“We are pleased that the court granted summary judgment in our favor and concluded that Westlaw’s editorial content created and maintained by our attorney editors, is protected by copyright and cannot be used without our consent,” Thomson Reuters spokesperson Jeffrey McCoy told Wired.
James Grimmelmann, Cornell University professor of digital and internet law, said in a statement published by Wired that the ruling would impact other ongoing AI copyright cases; Bibas’ rejection of Ross Intelligence’s defense indicates that much of the case law other generative AI companies are citing in their arguments would be deemed irrelevant as well.
Chris Mammen, a partner at transatlantic law firm Womble Bond Dickinson, added that the judgment “puts a finger on the scale towards holding that fair use doesn’t apply,” complicating AI companies’ fair use defenses. Nonetheless, Mammon conceded that the outcome could vary across plaintiffs.
Wired said that Ross Intelligence failed to respond to a request for comment. The startup closed down in 2021 over litigation costs.
Thomson Reuters first filed the suit in 2020.
