{"slug": "ross-intelligence-to-seek-supreme-court-review-of-third-circuits-decision-fair", "title": "ROSS Intelligence to seek Supreme Court review of Third Circuit’s decision rejecting fair use. All eyes will be on SG’s position.", "summary": "ROSS Intelligence announced it will seek Supreme Court review of the Third Circuit's decision rejecting its fair use defense for training an AI model on memos containing Westlaw headnotes, a case that would be the Supreme Court's first encounter with a copyright case involving AI training. The Third Circuit opinion noted that the DOJ did not file a Statement of Interest in Thomson Reuters v. ROSS Intelligence even though it did so in the OpenAI MDL litigation, and observers expect the U.S. Solicitor General to be asked for the government's view. A central question will be whether the Solicitor General agrees with the Third Circuit's distinguishing of generative AI models in Bartz, Kadrey, and OpenAI from the ROSS search tool, whose outputs were quotes from judicial opinions rather than new text.", "body_md": "Today, ROSS Intelligence announced it will seek Supreme Court review of the Third Circuit’s decision rejecting fair use in ROSS’s training of its AI model using memos containing Westlaw headnotes. This is no surprise. All eyes will be on the position of the U.S. Solicitor General.\n\nIn its opinion, the Third Circuit made note of the fact that the United States did *not* file a Statement of Interest in this case but did so in the OpenAI MDL Litigation: “**In any event, the DOJ’s filing in *In re: OpenAI* demonstrates that the DOJ is tracking these issues and knows how to assert its interests, but the DOJ notably did not do so here**.” Op. p. 17. Given that *Thomson Reuters v. ROSS Intelligence* will be the Supreme Court’s first encounter in any copyright case involving AI training, it seems highly probable that the Solicitor General will be asked by the Supreme Court (in what’s called CSVG) to provide the view of the United States or the SG will do so on its own initiative. But it’s too hard to predict what the SG’s view is. \n\nA big issue no doubt will be whether the SG agrees with the Third Circuit’s distinguishing of generative AI models such as in *Bartz*, *Kadrey*, and *OpenAI* from the model involved in this case, where the outputs of the AI search tool was not new text (but instead quotes from judicial opinions).\n\nHere’s ROSS Intelligence’s statement today:", "url": "https://wpnews.pro/news/ross-intelligence-to-seek-supreme-court-review-of-third-circuits-decision-fair", "canonical_source": "https://chatgptiseatingtheworld.com/2026/10/02/ross-intelligence-to-seek-supreme-court-review-of-third-circuits-decision-rejecting-fair-use-all-eyes-will-be-on-sgs-position/", "published_at": "2026-10-02 19:34:45+00:00", "updated_at": "2026-10-02 19:37:38.676097+00:00", "lang": "en", "topics": ["artificial-intelligence", "ai-policy", "ai-research"], "entities": ["ROSS Intelligence", "Third Circuit", "Supreme Court", "U.S. Solicitor General", "Thomson Reuters", "Westlaw", "Department of Justice", "OpenAI"], "also_reported_by": [], "alternates": {"html": "https://wpnews.pro/news/ross-intelligence-to-seek-supreme-court-review-of-third-circuits-decision-fair", "markdown": "https://wpnews.pro/news/ross-intelligence-to-seek-supreme-court-review-of-third-circuits-decision-fair.md", "text": "https://wpnews.pro/news/ross-intelligence-to-seek-supreme-court-review-of-third-circuits-decision-fair.txt", "jsonld": "https://wpnews.pro/news/ross-intelligence-to-seek-supreme-court-review-of-third-circuits-decision-fair.jsonld"}}