Re: Briefs for Sale

Check the archives. We exhausted this subject a couple of months ago. Short answer is pick one:

1. Fair use -- nature of the use (transformative) and affect on the potential market (none) outweigh nature of the work (creative) and amount copied (all of it).
2. An implied license arises when author files it in public record, knowing it is subject to statutory right to inspect and copy; Westlaw is a glorified paralegal, getting $10/hr to go down to the courthouse and copy the file for you.
3. It's copyright infringement, but lawyers don't care because they can't sell the same brief twice anyway.
4. Westlaw has interactive service provider immunity under the DMCA. Copyright your brief; demand they they take it down; and see if they agree.

John Noble

At 5:35 PM -0400 6/23/06, Nick Zales wrote:
>If this question is in some archive, I hope somebody would point me
>to the answer. I would like to know how West Group, and Lexis if
>they are doing it, is able to simply copy entire briefs filed in
>court and then sell access to them over the Internet? Fair use?
>Public Domain? These briefs seem to me to be no different than books
>in a public library. This is profiting off of others work and
>amounts to stealing in my way of thinking. Any ideas on this or is
>West simply so big it can get anyway with anything?
>
>Nick Zales
>Milwaukee, WI
Received on Tue Jun 27 2006 - 00:45:46 GMT