September 27, 2023
World IP Review
In 2020, Westlaw, a multinational legal research platform alleged that Ross Intelligence, an AI legal services startup stole content from its platform to train its AI systems. Specifically, they allege that Ross stole its ‘headnotes’ which are short summaries of points of law in court opinions. Ross denies this claim and argues for fair use.
Recently in a Delaware federal court, US Circuit Judge Stephanos Bibas denied summary judgment for both Thomson Reuters, the parent company of Westlaw, and Ross (now defunct). Instead, a jury will now have to decide their fate.
In an email exchange with World IP Review, Finnegan attorney Daniel Mello observed that broad denials of cross-motions for summary judgment, paired with the uncertainty of a jury trial, “usually provides fertile ground for parties to sow a settlement”.
“Nevertheless, given the existential importance that a victory in this dispute carries for both parties, I would not be surprised if the case were to continue to trial,” he told WIPR.
“A victory for Thomson Reuters would fortify a copyright owner’s rights as against AI companies that are relying on fair use to collect training data. And a victory for Ross would do the opposite.”
If the case does proceed to trial, Dan said that “each party faces a significant legal obstacle.” One obstacle that Thomson Reuters must overcome is a threshold ownership issue.
“Despite offering evidence of registered compilations of Westlaw, which contained headnotes and key numbers, the court refused to determine whether Westlaw’s Key Number System or headnotes are original enough to warrant copyright protection. To be certain, the bar is very low, requiring only a modicum of creativity under Feist.”
For example, Dan highlights Ross’ assertion that the Key Number System is “unoriginal because most of the organization decisions are made by a rote computer program and the high-level topics largely track ‘common doctrinal topics taught as law school courses’.”
Read “Westlaw Owner's Dispute with AI Startup Over Legal Data Moves to Jury Trial”
Media Mention
Finnegan Shortlisted for the 2024 Asian Legal Business Japan Law Awards
April 26, 2024
Commentary
April 11, 2024
Media Mention
Women in Business Law Americas Awards 2024: Three Finnegan Attorneys Shortlisted
April 7, 2024
Press Release
Finnegan and BMW Group Successfully Demolish Non-Practicing Entity NorthStar’s Efforts
April 3, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.