On February 11, 2025, the U.S. district court for the District of Delaware revised its own 2023 opinion and found on summary judgment that ROSS Intelligence’s (“Ross”) use of certain Westlaw “headnotes” to develop Ross’s AI-powered legal research tool constituted copyright infringement and not fair use. The court granted most of copyright owner Thomson Reuters’ motion for partial summary judgment on direct copyright infringement, granted Thomson Reuters’ motion for partial summary judgment on fair use, and denied Ross’s motion for summary judgment on fair use. In evaluating the fair use factors, the court emphasized that “Ross’s AI is not generative AI (AI that writes new content itself).”
