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Lutnick urges G20 countries to allow AI training for innovation
Read more: Lutnick urges G20 countries to allow AI training for innovationSpeaking before G20 countries in North Carolina, U.S. Secretary of Commerce Howard Lutnick reported urged countries to balance the need for AI training and innovation, while still protecting artists. Lutnick told the countries to recognize “fair use” or “fair dealing” in AI development. “We need frameworks that protect creators and inventors whose ingenuity drives our…
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United States files Statement of Interest in OpenAI lawsuits: AI training is fair use; “dilution” is “deeply flawed” theory, in the view of the United States.
Read more: United States files Statement of Interest in OpenAI lawsuits: AI training is fair use; “dilution” is “deeply flawed” theory, in the view of the United States.Late evening, pursuant to 28 U.S.C. § 517, the United States just filed a Statement of Interest representing “the interests of the United States” in the fair use in AI training. The filing was in In re OpenAI Copyright Infringement Litigation before Judge Stein as the case heads into the summary judgment phase. The 19-page…
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Live stream for oral argument in Third Circuit in Thomson Reuters v. ROSS Intelligence. 1st appeals court to review fair use in AI training.
Read more: Live stream for oral argument in Third Circuit in Thomson Reuters v. ROSS Intelligence. 1st appeals court to review fair use in AI training.The Third Circuit will live stream the oral argument for the interlocutory appeal in Thomson Reuters v. ROSS Intelligence on Thursday, June 11, 10 AM ET. (There are 3 cases on the calendar — and the exact order is not necessarily the same as the calendar listings.) Click here to go to the live stream…
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Third Circuit sets oral argument for June 11 in 1st appeal of decision on fair use in AI training. Thomson Reuters v. ROSS Intelligence follows another recent Third Circuit decision on fair use in American Society for Testing v. UpCodes.
Read more: Third Circuit sets oral argument for June 11 in 1st appeal of decision on fair use in AI training. Thomson Reuters v. ROSS Intelligence follows another recent Third Circuit decision on fair use in American Society for Testing v. UpCodes.Mark your calendars for June 11, 2026. The Third Circuit will hear oral argument in Thomson Reuters v. ROSS Intelligence. It’s the first appeal of a decision related to the question whether the use of copyrighted works (here, Westlaw headnotes for judicial opinions) to train an AI model is a fair use. Judge Bibas reversed…
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Trump’s Copyright Deal? White House backs both fair use in AI training and Congress’s consideration of facilitating negotiated collective licenses. But White House defers to courts’ resolution of fair use.
Read more: Trump’s Copyright Deal? White House backs both fair use in AI training and Congress’s consideration of facilitating negotiated collective licenses. But White House defers to courts’ resolution of fair use.President Trump’s White House just issued a “National Policy Framework: Artificial Intelligence” for Congress to consider legislative actions related to various AI related issues. Part III deals with the copyright controversies related to AI. The White House tries to thread the needle by (1) stating its view that using copyrighted works to train AI models…
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In cases filed by Darius H. James, Together Computer, Cerebras may raise issue whether training AI models with copyrighted works in academic research is fair use
Read more: In cases filed by Darius H. James, Together Computer, Cerebras may raise issue whether training AI models with copyrighted works in academic research is fair useBook author Darius H. James filed 3 copyright lawuits against 3 different defendants: Together Computer, Cerebras Systems, and Snowflake. In their respective Joint Case Management Statements, both Together Computer and Cerebras Systems may have just raised an important legal question: Is training AI models with copyrighted works in academic research a fair use? Here’s the…
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Elon Musk, Tesla assert fair use defense for alleged use of Blade Runner 2049 still
Read more: Elon Musk, Tesla assert fair use defense for alleged use of Blade Runner 2049 stillThings just got a bit more interesting in the Alcon Entertainment v. Tesla case. For the background to this copyright lawsuit, see our prior post: After 2 rounds of motions to dismiss and a Third Amended Complaint, Tesla and Elon Musk filed another motion to dismiss. As you can see from the Table of Contents,…
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Publication: Fair Use and the Origin of AI Training
Read more: Publication: Fair Use and the Origin of AI TrainingHot off the presses, now published in the Houston Law Review: My article on “Fair Use and the Origin of AI Training,” 63 Hou. L. Rev. 105 (2025). You can download the PDF by going here and clicking “Save article as” in the center. Excerpt: Related Stories:
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Thomson Reuters files its appellee brief in ROSS Intelligence case 2 days before deadline (albeit after an extension)
Read more: Thomson Reuters files its appellee brief in ROSS Intelligence case 2 days before deadline (albeit after an extension)Exciting news: Thomson Reuters filed its Brief of Appellees today, 2 days before the (extended) deadline on Nov. 21. This is the interlocutory appeal in Thomson Reuters v. Ross Intelligence before the Third Circuit. I don’t recall ever seeing a brief filed early. But this one does come following a 30 day extension. Excerpts from…
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Scholarship: Copyright Dilution Under Constitutional Scrutiny
Read more: Scholarship: Copyright Dilution Under Constitutional ScrutinyHappy to share my latest scholarship. Copyright Dilution Under Constitutional Scrutiny examines the curious (putative) doctrine of copyright dilution that copyright stakeholders are advancing in their lawsuits against AI companies. This is a new doctrine being developed on the fly. It is also unconstitutional. This Essay explains why. Download the preprint version on SSRN. The…