A few weeks ago, two days apart, two judges (who occupy the same courthouse) issued summary judgements in favor of AI developers, ruling that the scraping and copying of the Plaintiff’s material was fair use. While the fair use finding garnered all the headlines, both Judges hedged their rulings in significant ways, making the outcome of future AI cases very murky indeed. Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., highlights the problems with the decisions, how they conflict with the decision from other courts, and the major holdbacks that the AI companies are not going to be happy with.
