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I attended the hearing in Oasis v. West in the Federal Court of Appeals for the 8th Circuit this morning. I took notes as fast as I could, and my report follows. Though I hesitate to predict what a court might decide, from the tenor of the questions, it appeared to me that this court is looking to overrule the lower court. I believe they are concerned about finding a way to distinguish Oasis from Mead v. West, and I think they might try to use the unique situation of West being the official publisher for Florida to do so.
The spectator section of the courtroom was divided like the families at a shotgun wedding; West kinfolk on the right side and Oasis on the left. Dwight Opperman was there (but he left when Mr. Rojas rose in rebuttal). I could not identify any other West personnel. A woman was heard to say, before the case was called as she was chatting with other West personnel, "copyists," with some emphasis.
Both principals of Oasis were there, along with four attorneys, including a Mr. Mikelson from the Department of Justice. (!) Mr. Rojas, who argued the case in the lower court, appeared for Oasis, and Mr. Musilek appeared for West, along with co-counsel.
Oasis, appellant, went first, and Mr. Rojas reserved four minutes for Mr. Mikelson's presentation, along with time for rebuttal. He began by noting that this case is governed by Feist. He emphasized that Oasis would be producing a CD-Rom product which would have the same page numbers as the West volumes, but which would not contain the same arrangement. He explained that when the data is recorded on a CD the arrangement is entirely different; that it cannot even be deciphered without the aid of a program. He gave the example of an audio CD, noting how the user could play back tunes in any order. He noted that the users of the Oasis disk could, if they wished, retrieve cases from the database and place them in the same arrangement as West had used, but repeated that they were not stored on t