Lawyers: First AI Fair Use Case May Prove to be Outlier
Special Counsel Joseph Rutkowski was quoted in a Virginia Lawyers Weekly article about a recent Delaware federal court decision that represents the first substantive application of copyright law and fair use doctrine to artificial intelligence. The case was brought by Thomson Reuters against Ross Intelligence, an AI-powered legal research search engine intended to compete with the plaintiff’s product, Westlaw.
Joseph noted that the output of Ross’ AI system was not created by a large language model like those at the center of other ongoing AI copyright infringement cases. He said, "That’s one thing that could set this case off from, or reduce its effect on, the generative AI cases that are the most significant or at least the most attention-grabbing and making their way through the courts.”
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