Thomson Reuters filed its opposition to ROSS Intelligence’s petition to the Third Circuit for interlocutory appeal. Since Judge Bibas sits on the Third Circuit, his certification of the two questions has to carry some weight with his colleagues. Plus, the fair use question is one that has the potential of disposing the entire lawsuit. Honestly, it would seem to be a huge waste of time if the Third Circuit doesn’t take this interlocutory appeal now after two postponements of the trial. Having one circuit court precedent on the fair use in the training of an AI model would benefit not only this case, but also the many other copyright lawsuits against AI companies.
This case has had more twists and turns than any of those other cases. So it’s hard to be confident in predicting what the Third Circuit will do.
