@copyrightlately.bsky.social
Copyright lawyer, along with trademark, media and entertainment litigation. Visit copyrightlately.com for copyright stuff
@copyrightlately.bsky.socialYou'd have to ask them, but probably because they don't want to lose and want to make some new law while not losing.
@copyrightlately.bsky.socialYeah, pretty much. And they've been defending the case for a longer time than they were in operation. Welcome to American litigation.
@copyrightlately.bsky.socialIn fairness, I've made the same mistake. Sure does seem like there should be a “p” in there. Can we all at least agree on that much?
@copyrightlately.bsky.socialIt also gives Ross's lawyers at White & Case and Pillsbury some time to learn how to spell “Thomson Reuters,” which is misspelled “Thompson” twice in the motion.
@copyrightlately.bsky.socialBut there's a practical reason for Ross to take the shot: under Supreme Court Rule 13.3, a timely rehearing petition means the 90 days to seek cert would run from the denial of rehearing, not from the September 29 judgment. That likely pushes a cert petition into early 2027.
@copyrightlately.bsky.socialIt also describes a case that “resulted in two conflicting summary judgment decisions.” The odds aren't great here; the Third Circuit rarely grants rehearing en banc.
@copyrightlately.bsky.socialToday, Ross filed an unopposed motion asking for 21 more days, until November 3, to petition for rehearing en banc. The motion calls this “the first appellate case to address whether using copyrighted works to train an AI model is fair use.”
@copyrightlately.bsky.socialAfter last week's ruling that Ross's use of Westlaw headnotes to train its AI legal research tool wasn't fair use, Ross's lawyers said they would take their fight all the way to the Supreme Court. But first, they want another shot at the Third Circuit.
copyrightlately.com/pdfviewer/th...
@copyrightlately.bsky.socialLast week, the first appeals court to weigh in on AI training and fair use ruled against Ross Intelligence. By Thursday, nearly everyone with a stake in AI copyright had declared victory. My take on what it did and didn’t decide is up on Copyright Lately:
copyrightlately.com/thomson-reut...
@copyrightlately.bsky.socialBREAKING: The Third Circuit affirmed Thomson Reuters' win over ROSS, the first appellate ruling on fair use in AI training. Westlaw's headnotes sit behind a paywall. The court's reasoning now sits behind a seal.
My quick take: copyrightlately.com/thomson-reut...
@copyrightlately.bsky.socialLast December, Cyril Vetter's lawyers wrote that the worldwide-termination question in his case would need to reach the Supreme Court to be truly "settled."
Now that a cert petition is pending, they'd like the Court to wait.
Here's why it shouldn't:
@copyrightlately.bsky.socialThe Fifth Circuit just rejected the Ninth's Circuit server test. Then it built a new approach that will often reach the same result. My breakdown of what changed, what didn’t, and where the differences may actually matter, up now on Copyright Lately:
copyrightlately.com/fifth-circui...
@copyrightlately.bsky.socialNew: A book called SCAM says the Zapruder film was fabricated. The museum that owns the copyright says the only thing fabricated is the controversy. A Dallas judge just weighed in. Full story, up now on Copyright Lately:
@copyrightlately.bsky.socialAfter personally reading 6,000 pages of romantasy fiction, Judge Colleen McMahon called this copyright suit over the bestselling Crave series "open and shut.” The "shut" part still took four years, three judges, and $3.4M in fees. Full story: copyrightlately.com/crave-copyri...
