Re: Openlaw Experiment

On 04/15/1999, Diane Cabell <cabell[_at_]mama-tech.com> wrote:
>
> The Berkman Center for Internet & Society at Harvard Law School has
> begun a novel research project called Openlaw.
>
> Openlaw is an innovative litigation strategy that uses the Internet
> as a public commons for developing legal arguments. Eldred v. Reno,
> contesting the Sonny Bono Copyright Term Extension Act, is the first
> case to be litigated using an Openlaw approach. Attorneys and law
> students are cordially invited to register on the Openlaw site and to
> participate in the brief-writing process.
>
> Openlaw is an experiment in crafting legal argument in an open forum.
> With your assistance, we will develop arguments, draft pleadings, and
> edit briefs online. You are invited to join the process by adding
> thoughts to the "brainstorm" outline, drafting and commenting on
> drafts in progress, and suggesting reference sources. Building on
> the model of open source software, we believe that an open development
> process best harnesses the distributed resources of the Internet
> community. What we lose in secrecy, we expect to regain in depth of
> sources and breadth of argument.
>

In addition to Mark Lemley's prescient point concerning our presumed confidential relationship with Openlaw's client(s), I have to wonder whether the ability of DOJ attorneys to access this site in order to learn of opposing counsel's arguments and pleadings before they get filed with the court will violate Openlaw's ethical obligations under the Massachusetts rules of professional conduct regarding its representation of its client(s).

Perhaps Openlaw should have a "blocker" on its web site to deny access to anyone whose email address ends with "gov" !

--Alan Kabat
Washington, D.C.
(not a ".gov" attorney)
<alankabat[_at_]aol.com> Received on Tue Apr 20 1999 - 00:09:49 GMT