Re: copyright of briefs

From: Alan Sugarman <sugarman[_at_]hyperlaw.com>
Date: Fri, 18 Oct 1996 17:16:23 -0400 (EDT)

On Wed, 16 Oct 96, John Lederer <johnl[_at_]ibm.net> wrote:
>
> On 10/15/96, mpesq[_at_]lafn.org (Martin Perlberger) said:
> >
> > What makes you think these are examples of being "off the track"?
> >
> > What is wrong with these?
>
> Copyright is a restriction on free speech. It is allowed to "promote
> the progress of science [knowledge]"
>
> In neither case does copyright provide a needed incentive to the
> author. In both cases copyright restricts public use of expression.
> Absent the incentive, I see only bad policy -- a restriction on free
> speech with no offsetting public benefit.
>
>
> Regards,
>
> John Lederer
> <johnl[_at_]ibm.net>
>
> Oregon, Wisconsin
> (Leaves are changing and dropping. Some think this beautiful. We
> realists know what this portends)
>

<---- End Included Message ---->

As an analogy, what is the difference between a brief and filings with the SEC which inlcudes a complex prospectus and a highly creative contract. A litigator wrote the brief, a securities lawyer wrote the prospectus, and a corporate lawyer drafted the contract. Of course Disclosure has been publishing this stuff for years. And, much of this is on EDGAR.

ADS

:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
:: Alan D. Sugarman       Federal Appeals on Disc tm CD-ROM  ::
:: President              Opinions of US Courts of Appeals   ::
::                        1993 to Date - All Circuits        :: 
:: HyperLaw, Inc.         Registered Trademark               :: 
:: P.O. Box 1176          DO NOT SHORT CIRCUIT YOUR CLIENTS  ::
:: New York, NY 10023                                        ::
:: sugarman[_at_]hyperlaw.com   212-787-2812   212-496-4138(fax)  ::
::                                                           ::
::              http://www.hyperlaw.com                      ::
::                                                           ::
::                ///    ///    ///    [R]                   ::
::               ///    ///    ///                           ::
::              ///    ///    ///                            ::
::       ////////////////    ///                             ::
::      ////////////////    ///                              ::
::           ///    ///    ///                               ::
::          ///    ///    ///////////                        ::
::         ///    ///    ///////////                         ::
::                                                           ::
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Received on Fri Oct 18 1996 - 21:19:40 GMT

This archive was generated by hypermail 2.2.0 : Mon Mar 26 2007 - 00:35:22 GMT