Global | Publication | June 2022
The High Court of Australia, the highest appellate court in that jurisdiction, recently addressed the meaning of the words “give possession” in Article XI.2 of the Aircraft Protocol to the Cape Town Convention (CTC).1 It is a case which impacts considerably on the competing interests of aircraft and engine lessors and the general body of creditors of an airline subject to insolvency proceedings in a CTC Contracting State. Although the issue had previously been addressed by the High Court in Ireland in a judgment relating to the examinership of Norwegian Air Shuttle (the NAS Case)2, this is the first time that the issue has been considered in detail by a senior appellate court. Given the requirement, in Article 5.1 of the CTC, that, in its interpretation, “regard is to be had to the need to promote uniformity and predictability in its application”, the decision is one that could have strong persuasive authority before the courts of other Contracting States. However, the judgment leaves many questions unanswered and its reasoning is open to challenge.
Wells Fargo Trust Company (Lessor) had leased four aircraft engines to VB Leaseco (Lessee), part of the Virgin Australia group, under operating leases, the terms of which were substantially documented in a General Terms Agreement (GTA). The Lessor was the legal owner of the engines, holding them on trust for Willis Lease Finance Corporation (Willis). The Lessee appointed administrators on 20th April, 2020. This constituted an event of default under the leases as specified in the GTA.
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In Part 1 of this series on fair use in training large language models (LLMs), we discussed Judge Alsup’s decision of Bartz v Anthropic, which found that copying books to train an LLM was fair use, but using pirated books to create a central library was not.
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Selon un rapport conjoint du Bureau du surintendant des institutions financières (BSIF) et de l’Agence de la consommation en matière financière du Canada (ACFC), environ 70 % des institutions financières fédérales prévoient utiliser l’IA d’ici 2026 .
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Two recent judgments – decided just days apart – from different judges of the Northern District of California District Court determined that using copyrighted books to train large language models (LLMs) was fair use.
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