First AI Copyright Appeal’s Reach Hinges on Market Impact Issue

The first federal appeals court oral argument over AI training copyright fair use is set to take place Thursday, and how the judges analyze the issue of market impact could say a lot about the impact on other AI cases.

Ross Intelligence Inc. is arguing before the US Court of Appeals for the Third Circuit that it made fair use of Westlaw headnotes to train its AI legal analysis tool.

The case differs from the more sprawling copyright lawsuits against Anthropic, Meta, and OpenAI in a number of ways. Its AI is non-generative, uses relatively low-creativity legal summaries, and more ...