Brian L. Frye (U Kentucky J. David Rosenberg College Law) has posted “Thomson Reuters v. ROSS: Brief for Amici Curiae in Support of Appellant-Defendant’s Petition for Certification Under s 1292(c)” on SSRN. Here is the abstract:
This is an amicus brief in support of ROSS Intelligence’s petition for interlocutory review of the district court’s order in Thomson Reuters Enter. Ctr. GMBH v. Ross Intel. Inc.,
No. 1:20-CV-613-SB, 2025 WL 458520 (D. Del. Feb. 11, 2025). Plaintiffs Thomson Reuters and West allege that ROSS infringed the copyright in West’s headnotes by using them to train an AI model. The district court largely granted the plaintiffs’ motions for summary judgment, finding that at least some of West’s headnotes are protected by copyright and that ROSS’s use of West’s headnotes was not protected by the fair use doctrine. This amicus brief argues that the Third Circuit should grant interlocutory review because West’s headnotes are not copyrightable subject matter. Accordingly, this case is not an appropriate vehicle for the court to determine whether the use of copyrighted works to train an AI model is infringing or a fair use.