Lexara — AI for Law Firms

Was A Reproduction Made?

In considering whether a copy was made, it helps to separate the copies a copyright claim might target. Start with the original work; the book, article, magazine, image or piece of art. If a copy of it is made for ingestion by an AI model, as it was in Ross, that is the first copy. The second copy is the information residing in the model itself; whatever information is embedded in the model’s trained weights.

Was There a Justification for Making a Copy?

Ross’s argument was that it copied Westlaw’s materials only to reach the underlying, un-copyrightable law. That is the intermediate-copying rationale it used in trying to shelter that copying under the software reverse-engineering cases, where courts treated intermediate copying of computer code as fair use.

Voluntary Today, Mandatory Tomorrow?

The most architecturally significant thing the Order does is build a federal channel for pre-release access to the most capable AI models — and then disclaim it.Section 3(b) tells NSA, Treasury, and CISA to design a voluntary framework: developers can engage the government to determine whether a model qualifies as “covered,” can provide pre-release access for up to 30 days, and can collaborate on selecting trusted.