A federal district court in Delaware has issued a summary judgment ruling in Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc. The decision addresses several important issues:
(1) copyright preemption defenses against terms of use violations;
(2) whether a plaintiff who has registered the copyright in a compilation can allege separate infringement claims for each individual item within that compilation if the plaintiff has not registered the copyright in the individual items; and
(3) the big open question regarding generative AI: whether reproducing third-party copyrighted materials to train a generative AI model constitutes fair use, at least in some cases (and how the Supreme Court’s decision in Warhol v. Goldsmith affects this analysis).
Here, we focus on the last of these three issues.
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