On February 11, 2025, the District Court of the State of Delaware ruled in the case of Thomson Reuters v. Ross Intelligence. Its judgment could mark a decisive turning point in the application of copyright to the training of artificial intelligence algorithms. The Delaware court ruled that the use of protected data to train a legal search engine did not fall under the fair use exception, raising crucial questions about AI and copyright regulations in the United States and Europe.
What are the impacts for generative AI actors and legal databases? This judgment could limit the leeway of companies developing legal AI tools and open the door to new battles over intellectual property and AI. A full analysis and implications for the future of AI models and protected content can be found in our latest article, which can be read here.
On February 12, 2025, the Federal Council released its communication as to its approach to regulate AI in Switzerland.
The Federal Council's decision on how to regulate AI in Switzerland is based upon an overview of potential regulatory approaches drafted by the Federal Office of Communication which, itself, is grounded on three documents: (1) an analysis of AI regulatory frameworks across 20 countries worldwide; (2) a sectoral impact assessment, and (3) a comprehensive 184 pages analysis.
The outcome: Switzerland opts for a balanced approach to regulate AI, that prioritizes innovation while protecting fundamental rights.
Our partner Professor Philippe Gilliéron has read these documents for you and provide you with a summary of the key takeaways resulting from these documents.
On January 29, 2025, the USCO published a report on the relationship between artificial intelligence and copyrights, following a consultation period during which the USCO received more than 10,000 comments from 67 countries.
Following the report published on December 20, 2024, by the Presidency of the Council of Europe on these issues, already commented on here, this is an important document - more in-depth than that of the Council of Europe - taking into account a wide range of viewpoints.
Our partner Professor Philippe Gilliéron analyzes the report released by the USCO here, concluding with practical recommendations.
BMG Avocats is delighted to have been invited to take part in the Summit for Action on Artificial Intelligence to be held in Paris on February 10 and 11, 2025.
Professor Philippe Gilliéron has been invited to speak at a side event jointly organized by the Fédération de la Haute Couture, the Institut Français de la Mode and the International Law Association for Artificial Intelligence (ILAAI), of which he is a founding member.
Philippe Gilliéron will take part in a roundtable discussion on the legal issues raised by artificial intelligence in the field of design. He will present the best way to minimize the risks arising from the use of these tools, in view of the terms of service set by a number of suppliers.
The International Chamber of Commerce (ICC) has appointed our partner, Alexandre Mazuranic, as a new member of editorial board of the ICC Dispute Resolution Bulletin.
On 28 January 2025, Léna Nussbaumer-Laghzaoui took part in a panel discussion on the challenges facing women lawyers at the Swiss Bar Association's Women Lawyers' Day in Bern (https://www.sav-fsa.ch/fr/journée-des-avocates).
