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Third Circuit holds ROSS's AI training on Westlaw headnotes was not fair use, and sets generative AI apart
The Third Circuit affirmed summary judgment for Thomson Reuters. It held that the 2,243 headnotes at issue are original, and that ROSS's copying to train a legal-research AI was not fair use: the use served the same purpose as Westlaw and was minimally transformative at best, and it harmed a developing market for licensing headnotes as AI training data. A footnote distinguishes generative AI, noting that unlike the models in Bartz v. Anthropic and the OpenAI litigation, ROSS's tool cannot generate original expression. Not a pirate-library case.
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