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Counsel argues that West needs to refute this argument; ROSS is not in a position to show evidence of adverse market impact to give concrete numbers per UPCODES
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Counsel explains that the algorithm itself is transformational, citing UpCodes and alluding to Bartz and Kadrey. He underscores there's no reproduction of headnotes
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Not surprisingly, ASTM v UPCODES has just been argued to require reversal of the Court below
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A new case drops in the middle of an appeal. The panel asks for supplemental briefing. Now the lawyers have a stripped-down job: tell the court what the new authority changes. That is what happened in Thomson Reuters v. Ross after the Third Circuit decided ASTM v. UpCodes. đź§µ
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🔍| Founder of the Week: Garrett Reynolds Garrett is the co-founder of @upcodes, a platform designed to make building codes searchable, accessible and easier to apply 💻 #founderoftheweek Read more 👇 techround.co.uk/startups/fou…
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Why Specifications Are Becoming the Next Critical Layer of #Construction Compliance While drawings express what the building should be, specs define how it gets built, including performance criteria, quality standards, & installation methods. - @upcodes buildingenclosureonline.com/…
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May 22
TR claims: “In UpCodes, the defendant copied only as necessary to further its purpose of increasing public access to the law. ROSS had no access-to-law purpose.”
The panel in the Thomson Reuters v. Ross appeal asked both parties for briefs as to the effect that the recent UpCodes case would have on this one—and Thomson Reuters LIED to the Court! Video in reply.
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Cashless insurance sounds simpler. Sometimes the hospital upcodes your procedure, insurer rejects half, and you pay the gap anyway — with less control. Know the difference. thebestmedicalcare.com/blog/…

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In this case, Upcodes, and others, judges are questioning whether training AI on legal materials is actually copyright infringement at all. If the public has a right to legal opinions, then that includes the right to use legal AI search engines like ROSS. So I go over the fair use factors, Westlaw headnotes, AI training data, market substitution claims, and the shocking behavior of Thomson Reuters in their own legal brief—including blatant quote-mining! It's this kind of thing that gives lawyers such a bad name! youtu.be/ZQ8wAxYuSCI
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The panel in the Thomson Reuters v. Ross appeal asked both parties for briefs as to the effect that the recent UpCodes case would have on this one—and Thomson Reuters LIED to the Court! Video in reply.
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The fresh 3rd Circuit opinion cited by Denims' lawyers (Am. Soc'y for Testing & Materials v. UpCodes, Inc., 172 F.4th 253, 262 (3d Cir. 2026)) reads Warhol same way that I do re subjective intent. Also note the district court opinion below which accepted that requirement too.
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Free, unfettered law is kryptonite for code publishers. UpCodes has been defending the right to read and speak the law for almost a decade now. We reflect here about the many lawsuits we've successfully defended. And the publishers' push in Congress. law360.com/real-estate-autho…
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More specifically, on the critical 4th fair use factor of market harm, @ROSSIntel argues that the District Court seriously erred as evidenced by the panel's analysis in ASTM v UpCodes:
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Indeed, @ROSSIntel compellingly points out that - if anything - the 3d Circuit should find it even easier to conclude that development of its research tool was fair use given that its tool than in ASTM v UpCodes b/c the material it provides the user isn't ©able:
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.@ThomsonReuters v @ROSSIntel will be argued before the 3d Circuit on June 11. Supplemental briefs called for by the Court have just been filed re the relevance of the recent ruling by one of its panels in @ASTMIntnl v @UpCodes. The parties are at *total* odds re its meaning:🧵👀
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Our Policy SVP Kevin Madigan says re: ASTM v. UpCodes that “the case will continue on remand w/ a fuller factual record, and copyright owners should watch closely. Hopefully, a more nuanced & faithful application of Warhol is ahead.” Read more here:copyrightalliance.org/astm-v…
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BREAKING: The 3d Circuit's just asked @ROSSIntel and @ThompsonReuters to brief it by 5/11 on the relevance in that case of its recent @ASTMIntl v @UpCodes finding @UpCodes' creation of an AI search tool for codified codes was fair use (posts below). Oral argument's on June 11.
.@ThomsonReuters has rebutted @ROSS' citation of @ASTMIntl v @Upcodes, filed 4/7 with the 3d Cir., claiming the case supports them on: transformativeness, commerciality, nature of the work & market effect. 3d Cir argument on the merits is set for 6/11.
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ROSS only output verbatim law. ROSS is an AI search engine. Zero headnotes were displayed to ROSS users. UpCodes displayed 100% of the copyrighted works to its users. ASTM’s holdings are clear and binding.
Apr 17
TR failed to address ASTM's holdings that: 1. Overlap in audience is not fatal to fair use. 2. Functional works sit at copyright's periphery. 3. Copying 100% is fair per ASTM; ROSS used 0.08%. 4. Significant market injury must be supported by the record and TR has provided zero.
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