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Ah, fuck, is that what the case is about? That sucks; that’s the kind of case where they both need to lose:
- The law shouldn’t be copyrightable
- AI companies shouldn’t be allowed to ‘launder’ copyright (and more to the point, copyleft) by reproducing chunks of copyrighted works divorced from their license
If I were more conspiracy-minded, I would almost think that somebody intentionally decided to resolve this case first in order to guarantee that they set a disastrous precedent.
I’m not a lawyer, but I’m also not entirely unfamiliar with this sort of thing. In particular, I remember Georgia v. Public.Resource.Org and thus do not accept at face value the notion that the data in question being “summaries and explanations of cases” necessarily means Westlaw is in the right. Even if the Westlaw materials aren’t “officially” incorporated into the law itself the way Georgia did, that doesn’t mean Westlaw should necessarily be entitled to monopolize them, especially if the judicial system is heavily leaning upon them to inform its decisions.