Column: Attorneys Ponder Impact of Thomson Reuters’ Copyright Win

Director Ivy Estoesta spoke to Westlaw Today on the Third Circuit’s recent ruling in Thomson Reuters v. ROSS Intelligence, a copyright dispute centered on AI-training.

Estoesta suggested that the ruling could provide a “prominent voice” in disputes such as Kadrey and Bartz, “The decision provides copyright owners favorable appellate authority, particularly in cases where copyrighted works are used to develop competing products,” she continued. “But its impact on other AI-training cases remains uncertain because fair use is a highly fact-specific inquiry.”

She also noted the relevance of ROSS’s AI system training on copyrighted works that are found behind a paywall, differing it from other copyright disputes on AI-training.