Software, Intellectual Property Litigation, Fair Use

Fair Use in AI Copyright Litigation: A Surprising Turn in Thomson Reuters v. Ross

Wolf, Greenfield & Sacks, P.C. on 2/17/2025

From the pages of The New York Times to the…general counsel’s office of The New York Times, AI copyright litigation is all the rage. Possible questions include the philosophical—e.g. “Could an AI agent hold a copyright?”—but...more

Delaware Court Grants Summary Judgment to Plaintiff in Machine Learning / AI Copyright Case

Husch Blackwell LLP on 2/14/2025

Albert Einstein is credited with saying “the measure of intelligence is the ability to change.” In September 2023, Judge Stephanos Bibas—sitting by designation in the District of Delaware—denied plaintiff Thomson Reuters’...more

Federal Court Rules Against ‘Fair Use’ Defense for AI Training

Lowenstein Sandler LLP on 2/14/2025

On Tuesday, February 11, the U.S. District Court for the District of Delaware held in Thomson Reuters Enterprise Centre GmbH et al. v. ROSS Intelligence Inc. that the defendant’s unauthorized use of the plaintiff’s...more

What Thomson Reuters v. Ross Does and Doesn’t Say About Fair Use and Generative AI

BakerHostetler on 2/13/2025

The first 24 hours of punditry on Judge Stephanos Bibas’s summary judgment of no fair use in Thomson Reuters v. Ross Intelligence, Inc., Case 1:20-cv-00613-SB (D. Del.), has largely oscillated between predictions that the...more

Court Definitively Rejects Fair Use Defense in AI Training Case

Sheppard Mullin Richter & Hampton LLP on 2/12/2025

In one of the most closely-watched copyright cases this year, a Delaware court rejected defendant, ROSS Intelligence’s (“ROSS”), fair use and other defenses by vacating its previous stance and granting summary judgement in...more

Is Fair Use Threatening to Swallow Computer Copyright Protection?

Farella Braun + Martel LLP on 2/4/2025

This case tested the contours of the landmark Google v. Oracle computer software code fair use decision. Astronics, a military aerospace contractor, was accused of copying code from Teradyne, a competitor, in order to ensure...more

Supreme Court: Copying APIs in Software Can Be Fair Use

Brownstein Hyatt Farber Schreck on 5/13/2021

Intellectual property protection for software has long been a concern, both for innovators seeking to protect their work as well as innovators seeking to make use of existing works for further development. The shifting...more

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