It's Schrodinger's Copycat: The Third Circuit's decision in Thomson Reuters v. ROSS Intelligence affirming Judge Bibas's decision of no fair use sits under seal for now, meaning ROSS Intelligence's activity is simultaneously infringing and non-infringing until the seal is broken ;)
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Signed, Sealed, Affirmed: Third Circuit Backs Thomson Reuters over ROSS
The first federal appeals court to weigh fair use in AI training sided with Thomson Reuters over ROSS. Why it did so, for now, is under seal.