Re: Copyright & Discovery

Bob Stock <bstock[_at_]ucla.edu> wrote:
>
> The other side serves a set of requests for document production on
> you. One of the individual requests demands that you copy a software
> manual. That manual has a valid copyright and you don't own it.
> *Can* you object (assume there are no other grounds for objecting)
> to the request because to comply would require infringing the software
> manual copyright? *Must* you object? Is copying the manual fair use?

     If your question is based on the Federal rules, you should not object, but you should not do the copying either. All Rule 34(a) requires is that you "produce and permit the party making the request .... to inspect and copy any designated documents ..." Therefore, the software manual should be made available for inspection and copying. If the requesting party makes a copy, he or she would be the potential copyright infringer, though I'd guess that a strong fair use argument would be available.

Ralph Clifford
<rclifford[_at_]snesl.edu> Received on Sat Nov 07 1998 - 20:02:27 GMT