Yesterday, Circuit Judge Stephanos Bibas, sitting by designation in the District of Delaware, issued a ruling updating a previous summary judgment decision dismissing copyright infringement allegations made by Westlaw legal research service provider Thomson Reuters against a competing artificial intelligence (AI) search tool developed by Ross Intelligence. Among the top reconsiderations in Judge Bibas’ recent decision is his fair use analysis, which now recognizes the non-transformative nature of Ross’ use of copyrighted headnotes that summarize legal decisions.

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