RE: Re: Briefs On Westlaw/Lexis

John et al.

I read the Princeton University Press case as directly contrary to this one statement of John's. The fact that A is allowed to copy something does NOT mean that B can do it for A, with or without a payment to B.

Now, if court pleadings are deemed "pledged to the public domain," the issue is moot. If they are deemed "licensed for copying and distribution" by the act of filing itself, then the question is the scope of the license. It could be held (as has been in some contexts) that the assumed license (and/or "fair use") is for the "scholar" to make one copy for further study. That understanding would NOT extend to selling copies to 3rd parties.

On the other hand, much of the US works on the "do it until told no" principle, so I suspect West will provide this service until and unless they lose a court case over it.

As John said elsewhere, the courts, maybe all the way to the Supreme Court, will have the final word.

Roland J. Cole, J.D., Ph.D.
Executive Director
Software Patent Institute
5315 Washington Blvd
INDIANAPOLIS IN 46220-3062
317-727-8940; cole[_at_]spi.org; www.spi.org

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of JFN Sent: Thursday, August 18, 2005 3:41 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: Briefs On Westlaw/Lexis

.... Assuming that the public has a right to inspect and copy court files, I can't see an infringement claim based on Westlaw providing that service for a fee.

...

John Noble Received on Fri Aug 19 2005 - 23:35:31 GMT