Source: Reuters

Recently, a Federal Court in Delaware issued a significant ruling in the case between Thomson Reuters and Ross Intelligence. It is important to recall that this case stems from the lawsuit filed by Thomson Reuters in 2020, in which it accused Ross Intelligence of reproducing materials from its legal research platform, Westlaw, without authorization.

The judge who evaluated the case determined that Ross Intelligence did not engage in a “fair use” of Thomson Reuters’ work. This concept is fundamental in copyright law, as it allows certain uses of protected content under specific conditions. However, in this case, Ross Intelligence’s actions were deemed to infringe upon Thomson Reuters’ copyright, as there was no transformative purpose in the use of the content; rather, it sought to compete directly with Westlaw.

The judge’s analysis was based on four key factors that determine “fair use”: the purpose of the use, the nature of the protected work, the amount of content used, and the impact on the market value of the original work. Additionally, the decision was supported by the fact that Ross Intelligence used Thomson Reuters’ content to create a legal research tool that directly competed with Westlaw, significantly affecting the latter’s market value.

This ruling sets an important precedent not only for Thomson Reuters but also for the media sector and creative industries, in a context where the use of protected content by artificial intelligence platforms is under scrutiny. Globally, multiple similar lawsuits are being evaluated, highlighting the need for a clear regulatory framework addressing copyright protection in the realm of artificial intelligence.

Undoubtedly, this case could influence future legislation and the way AI platforms interact with protected content moving forward.