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Third Circuit upholds ruling that ROSS's AI training on Westlaw was not fair use

Enforcement or rulingInformationUSReported

The appeals court affirmed Judge Stephanos Bibas's February 2025 summary judgment that Westlaw headnotes are copyrightable and that ROSS Intelligence's use of them to train a competing legal-research tool was not fair use; the opinion was issued under seal pending redactions. It is reported as the first federal appellate decision on fair use in AI training, though ROSS's system was not generative AI.

Why it matters

Appellate authority now holds that copying works to build a directly competing AI product can fail fair use, a precedent plaintiffs will press against generative AI developers.

SourceLawNextCoverage: IPWatchdog Based on credible reporting; we could not open the primary document. Independently fact-checked on 7 Oct 2026.
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