US Court of Appeals for the Third Circuit
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- Third Circuit: ROSS training AI on Westlaw headnotes is not fair use
On September 29, 2026, the US Court of Appeals for the Third Circuit upheld partial summary judgment in Thomson Reuters v. ROSS, ruling that Westlaw's headnotes are original, copyright-protected content and that ROSS's use of them to train its AI legal research tool was not fair use. It is the first federal appellate ruling on fair use in AI training, but the court distinguished the case's non-generative tool from generative-AI cases such as Bartz v. Anthropic and In re: OpenAI, calling it an ordinary copyright case. With ROSS shut down, the dispute may never reach the Supreme Court, making this a likely final ruling in the six-year case.
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