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Are Westlaw Headnotes Like Banana Costumes?
No decision has a stronger claim to being this year’s worst copyright decision than the Third Circuit’s precedential opinion in Thomson Reuters v. ROSS. Though the case ostensibly involves two legal research companies, the court’s ruling could broadly impact authors’ ability to use facts and ideas that first appeared in existing works.
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Authors Alliance files amicus brief in In re OpenAI Copyright Infringement Litigation
On October 29, Authors Alliance asked the court for leave to file an amicus brief in In re OpenAI, Inc. Copyright Infringement Litigation, the consolidated…
Third Circuit affirms in Thomson Reuters v. ROSS: The Court Gets Merger Wrong and Does a Disservice to Fair Use
On September 29, 2026, the U.S. Court of Appeals for the Third Circuit affirmed the district court’s grant of partial summary judgment to Thomson Reuters…
The Server Test’s Fraternal Twin: What the Fifth Circuit’s Emmerich Decision Changes — and What It Doesn’t
On August 27, 2026, the Fifth Circuit held that a news aggregator that frames headlines and sends readers back to the original publisher’s site does…