Training a search engine on Westlaw summaries was not fair use

The US Court of Appeals for the Third Circuit protected 2,243 Thomson Reuters legal summaries and rejected ROSS's fair use defense, in a ruling written by Judge Tamika Montgomery-Reeves.

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In 60 seconds

  • What happened. A US federal appeals court upheld that ROSS Intelligence infringed Thomson Reuters’ rights by training its legal search engine on Westlaw summaries.
  • Why it matters. Anyone who trains a search engine on someone else’s editorial content to compete with its owner may have to license it instead of claiming fair use.
  • What we don’t know yet. The court left generative models out; according to the ruling, the Department of Justice argued in another case that training them is transformative.

There were 2,243 legal summaries, the so-called headnotes that accompany court decisions on Westlaw, Thomson Reuters’ legal research service. The Court of Appeals for the Third Circuit held that they are original enough to be protected, in its ruling in case 25-2153, dated September 29. The company LegalEase had drafted some 25,000 training memos for ROSS that incorporated thousands of those summaries. The court also rejected the argument that this use was legitimate under fair use, the US doctrine that allows protected works to be used without permission in certain cases.

Two features of the case weighed against ROSS. In the court’s view, the company sought to compete directly with Westlaw, and its system only returned passages from court decisions. That reasoning could reach those who train search engines or classification systems on third-party texts to offer a substitute for the original product. For them, the ruling suggests that a license with the publisher would be safer than defending the use in court.

In a note, the court distinguished this case from the lawsuits against generative models. The Department of Justice, according to the ruling, did not take part in this case. Judge Montgomery-Reeves wrote the decision, on a panel with Judges Restrepo and Bove. That other front remains active: on August 30, Doble Click covered Sony and Warner’s lawsuit against Anthropic over tens of thousands of songs.

Also today

In the region

In Paraguay, Deputy Minister of Industry Javier Viveros detailed the Yguazú Digital project at a JOTA Global panel. It seeks to use energy from Itaipú to turn the country into an AI hub, according to JOTA.

The OECD Ministerial Summit in Montevideo, whose opening was covered in the September 30 entry, ended that day. As of October 1, its documents page did not include a final declaration from the ministers. It does include a document from Business at OECD. In it, the business association cites Amazon Web Services studies: the share of Colombian companies using AI rose from 34% to 42% in one year.

Launches

  • Gemini 4 Argon: Google’s model for programming, professional work and cyber defense. For now it is available only to cybersecurity defenders in the Fairwind program; it will later come to the paid API and Google AI Ultra.

Threads we’re following

The attack on Hugging Face was detected on July 16, and the July 22 entry reported that OpenAI confirmed two of its models carried it out. The LASST lawsuit, filed on September 29 in San Francisco, takes the dispute to court.


Next milestone: November 13, Reddit shuts down its RSS feeds.

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