As we expected, the Third Circuit just granted ROSS Intelligence’s interlocutory appeal of Judge Bibas’s rejection of fair use in AI training and his ruling on the copyrightability of Westlaw’s headnotes. This is no surprise given that Judge Bibas, who sits on the Third Circuit, agreed that the issues should be reviewed on interlocutory appeal. Would be more surprising had they rejected it, along with Judge Bibas’s backing of the interlocutory appeal.
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