HyperLaw v. West Publishing Company

February 13, 1998© HyperLaw, Inc.®

Docket Matthew Bender and HyperLaw v. West 94-CV-589

HyperLaw Claim that West Cannot Copryight to the text of Court Opinions

See HyperLaw in the News for stories about the HyperLaw victory.

West Files Appellate Brief on September 29, 1997 in Second Circuit in HyperLaw v. West on the Copyrightability of the Text of Court Opinions HyperLaw v. West.Available in 1.4 MB PDF File As expected, the brief takes enormous liberties with the facts. The HyperLaw response is due in 30 days. A motion for filing an amicus brief in opposition to the West brief must be filed with the amicus brief within the 30 day period. HyperLaw's observations concerning the status of the case, September 30, 1997, as posted on CNI-Copyright. .

September 29, 1997. Reed Elsevier seeks to file Amicus Brief -- Motion with Brief Reed Elsevier had filed a motion to submit an amicus brief in HyperLaw v. West in support of West's claims to the copyright of text of court opinions. The amicus brief notes that Reed Elsevier's stock had fallen as a result of the district court's May ruling in support of HyperLaw's position. Reed Elsevier also quotes from the database protection report of the Copyright Office. Reed Elsevier's latest position, supporting the copyrightability of the text of court opinions is just one more illustration of the phenomena of "Wexis", the anticompetitive consortium between West and Lexis which resulted from the 1988 secret agreements between West and Mead (former owner of Lexis). In addition, this latest action demonstrates the naivete of the Antitrust Division and State Attorney Generals who relied upon Lexis to express the public's interests during the negotiations to approve the acquisition of West by Thompson. The motion and brief are contained in a 990 KB PDF file.

Posted January 30, 1998. Brief For Amicus Curiae American Association Of Legal Publishers -- Second Circuit Text Appeal, Nov. 1997

Posted February 13, 1998. Reply Brief For Defendant Appellants West Publishing Company, January, 1998. -- Second Circuit Text Appeal. PDF version.

Opinion of Judge John S. Martin, Matthew Bender and HyperLaw v. West 94-CV-589, May 19, 1996. This is a link to the New York Law Journal's Web Site. West may not copyright the text of judicial opinions as they appear in West reporters, ruled Judge John S. Martin. on May 19, 1997, supporting HyperLaw's position after a January, 1997 trial.

INTERVENOR-PLAINTIFF HYPERLAW, INC.'S POST-TRIAL BRIEF-IN-CHIEF - CHALLENGE TO WEST TEXT COPYRIGHT CLAIMS - March 4, 1997

TRANSCRIPT, JANUARY 27-28 1997 TRIAL HYPERLAW V. WEST PUBLSHING COMPANY Long file: 388 k.

A Tilting of the Tables The Connecticut Law Tribune 2/3/97, Tom Scheffey "A federal judge tells West -- a company famous for getting the law right -- that its pet theory for owning the contents of its books is a legal loser." Report on HyperLaw -- West text copyright trial held January 27 - 28, 1996, United States District Court, Sourther District of New York.