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Note: By a letter dated October 3, 1996 from Joel I. Klein, Deputy Assistant Attorney General, DOJ declined to file an amicus brief on the text issues.

 
 
HyperLaw, Inc. 
P.O. Box 1176 
New York, New York 10023 
212-787-2812 
 
 
 
September 27, 1996 
 
Mr. Lawrence R. Fullerton 
Deputy Assistant Attorney General 
Antitrust Divsion 
U.S. Department of Justice 
10th & Constitution Avenue, N.W. 
Washington, D.C.  20530 
 
Dear Mr. Fullerton: 
 
We recently requested in a filing with DOJ that DOJ file an  
amicus brief in support of HyperLaw's motion for a  
determination that West copyrights are not infringed when a  
competing publisher keys-in and publishes the text of court  
opinions from a West case reporter, but does not key-in the  
West headnotes and syllabi. 
 
HyperLaw's has filed its motion for summary judgment on  
Tuesday, September 23, 1996.  It was filed under seal.  West  
last night agreed to unseal the document.  I am faxing to  
you herewith the memorandum of law in support of the motion. 
 
We hereby request that the Department of Justice now file an  
amicus brief in support of this part of HyperLaw's motion. 
 
Enclosed is a letter to Attorney General Reno that provides  
further explanation. 
 
Sincerely,  
 
/s/ 
 
Alan D. Sugarman 



HyperLaw, Inc.
P.O. Box 1176
New York, New York 10023
212-787-2812





September 27, 1996

Attorney General Janet Reno
United Stated Department of Justice
10th & Constitution Ave., N.W.
Washington, D.C.  20530

Dear Attorney General Reno:

I am requesting in the enclosed letter that the Department 
file an amicus brief in support of HyperLaw's motion in 
Matthew Bender & Company and HyperLaw v. West Publishing 
Company for a determination that the text of court opinions, 
apart from the headnotes and syllabus, may be copied from 
West reporters and used by competing publishers in their 
products without infringing West copyrights.

The Antitrust Division has filed a brief in support of 
Matthew Bender's motion with respect to the citation of page 
numbers and an amicus brief in support of the same position 
in Oasis v. West.  In some ways this is an even more 
important motion, because it is not possible to obtain the 
copies of  many historical opinions from court archives. 
Even where opinions are obtainable, the opinions do not 
include corrections made by judges and communicated to West.  
Moreover, it is an extremely costly process.  Matthew Bender 
attempted to obtain five years worth of opinions from court 
files in New York, and, ultimately disbanded the project.

This problem is highlighted by the release, this week, of 
the FLITE (Air Force)-JURIS (DOJ) archive of United States 
Reports opinions.   However, th