Feb 11 (Reuters) - A federal judge in Delaware on
Tuesday said that a former competitor of Thomson Reuters ( TRI )
was not permitted by U.S. copyright law to copy the
information and technology company's content to build a
competing artificial intelligence-based legal platform.
U.S. Circuit Judge Stephanos Bibas' decision against defunct
legal-research firm Ross Intelligence marks the first U.S.
ruling on the closely watched question of fair use in AI-related
copyright litigation.
Fair use is a principle that allows the unauthorized use of
copyright-protected works under certain circumstances. The legal
theory represents a key defense for tech companies including
OpenAI, Microsoft ( MSFT ) and Meta Platforms ( META ) in a
series of copyright cases brought by authors, record labels,
visual artists and others over the use of their material to
train AI systems.
Tech companies argue that generative AI systems make fair
use of copyrighted material by studying it to learn to create
new content, while copyright owners say the companies use their
work to generate competing content that threatens their
livelihoods.
A Thomson Reuters ( TRI ) spokesperson welcomed the decision. "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. The copying of our
content was not 'fair use,'" the company said in a statement.
Thomson Reuters ( TRI ) is the parent company of Reuters News.
Attorneys and spokespeople for Ross did not immediately
respond to requests for comment.
Bibas reconsidered his previous decision that determining
fair use should be left to a jury at a trial on Thomson Reuters' ( TRI )
copyright infringement claims against Ross.
"I studied the case materials more closely and realized that
my prior summary-judgment ruling had not gone far enough," Bibas
said on Tuesday.
The judge determined that a jury should still consider the
underlying case.