Comments on: LexisNexis and Westlaw violating copyright?

By: Tim

Tim — Sat, 21 May 2011 17:50:25 +0000

I noticed this phenomena quite awhile, maybe as early as 2003, can’t remember exactly, but it may have been going on before that. I couldn’t understand then how WestLaw could claim a copyright on caselaw. Obviously, they have a right to assemble a database and charge for delivery of documents that they do have a copyright on, documents that aren’t copyrighted, and, with permission, documents copyrighted by others, but if filings are copyrighted by the creator automatically, then it certainly would seem to be infringement to database and sell access to them. I would also seem to fall under the heading of fraud for a court to sell same to a private entity and imply that same has a right to redistribute same for profit. However, if I wanted to make alot of quick money from the legal profession for very little investment and I wanted to do so in a gray area that was likely unethical, I think my best protection against claims of fraud would be to cite the names of courts that sold me the information. After all, if a material percentage of the courts are selling information they don’t own with the inference that they have a lawful authority to transfer copyright ownership, then a prosecutor or jury would have a hard time finding the mens rea likely necessary for conviction.

“But I assumed that if all those Judges were willing to sell me the copyrights, they MUST have been legal!!!!”

By: Court Struggles to Balance Public Access With For-Profit Interests « Legal Research Plus

Fri, 30 Oct 2009 18:27:48 +0000

[...] contacted the court in July after finding his brief on Lexis (and not for free). More on this here. Read the letter that he sent to Justice Ronald M. George and Mr. William C. Vickrey. Posted in [...]

By: Click World News » Blog Archive » Are Legal Briefs Filed With A Court Covered By Copyright?

Thu, 06 Aug 2009 12:49:16 +0000

[...] legal publishing services LexisNexis and Westlaw, which both publish legal filings and rulings, were violating his copyright on a brief he had filed, in redistributing it (for profit). As you know, unique content is automatically covered by [...]

By: Web News Site » Blog Archive » Are Legal Briefs Filed With A Court Covered By Copyright?

Thu, 06 Aug 2009 12:44:08 +0000

By: Md. Ershadul Karim

Md. Ershadul Karim — Mon, 03 Aug 2009 08:22:56 +0000

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By: Technically Legal » Blog Archive » Technically Legal Podcast: Episode 9

Tue, 28 Jul 2009 11:09:51 +0000

[...] Lexis and Westlaw Infringe Copyright When They Post Briefs Filed in Court? LexisNexis and Westlaw violating copyright? 15 USC 101: Work Made For [...]

By: Does selling access to court-filed attorney briefs violate copyright law? :: in propria persona

Fri, 24 Jul 2009 20:04:50 +0000

[...] Legal Research Plus brought this to my attention, originally from the Daily Journal: [...]

By: Read the Letter – Update: LexisNexis and Westlaw Violating Copyright? « Legal Research Plus

Thu, 23 Jul 2009 23:30:11 +0000

[...] LexisNexis and Westlaw violating copyright? [...]

By: Do Lexis and Westlaw Infringe Copyright When They Post Briefs Filed in Court? | My Legal Spot

Thu, 23 Jul 2009 23:00:25 +0000

[...] lawyer says yes. The argument for infringement is actually moderately strong. Like most other documents, briefs are [...]