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Obviously, it’s quite difficult to opine on an opinion that hasn’t been published. But the news today that @ROSSIntel has lost its appeal in the third circuit does leave room for a couple of general observations regardless of the details.

Second, Ross should’ve won. The raw material they copied in the process of training their AI tool wasn’t really expressive content at all.

West headnotes are just robotic restatements of public domain judicial opinions. They are the textual equivalent of the three-dimensional car scans in the meshwerks case.

The goal of headnotes is not to express anything at all, but rather to capture and reproduce as accurately as possible, already existing public domain expressions, facts and ideas.