On Tue, 4 Apr 1995, Cindy Chick wrote:
> The government did not create the original "database" of case
> law information. West Publishing compiled the "database" of
> information in hard copy, called Federal Reporter and Federal
> Supplement. What the government did was key in the compiled
> information.
I look at it like this. West did not "create" the opinions in
the first place, they merely keyed the data for a paper publication.
The Courts "created" the opnions. The West "paper" database, consisted
of court decisions, which are in the public domain, plus its own
value added contributions. What the government did, was key in
decisions that the courts the created in the first place.
> That must have been much easier and less
> expensive than trying to collect and compile Federal caselaw,
> which is likely why the Air Force entered into the agreement to begin
> with.
>
We believe, as do others, that from 1964 to September 1974, there
was no agreement with West. But whether or not it was easier or harder
to collect the data from books rather than court files is the wrong
question. First, did West act as a reporter for the courts? Second, did
the courts instruct West which cases to publish? Third, did West ever
obtain any copyright over the text of opinions?
> And the agreement clearly states that the information is not to
> be provided to, or used by, anyone other than the Air Force.
>
Why yes it did. You will find that West did not have court opinions
online until 1978, and it is generally understood that it used the Air
Force work product to begin its own service. The fact that no own else
was allowed to obtain the information after 1974 raises two interesting
questions. First, what happens to the pre-1974 data collections, and
second, did the 1974-6 contracts preclude disclousre of the data under FOIA?
That will be determined a federal judge, and one higher than the District
Court.
> Are you suggesting that the government break the contract, that was
> entered into in good faith, by distributing the information to
> West's competitors?
I think that the Air Force should abide by the Freedom of Information
Act, which protects the public. The Air Force now has about 200 years of
Supreme Court opinions. I think that these should be available to
anyone, including West competitors. Are you suggesting that the Air
Force prevent West competitors from receiving public domain information,
even when it is not protected by contract (such as the pre-1974
collections) or the post 1994 collections?
jamie
----------------------------------------------------------------------
James Love, TAP; internet: love@tap.org
P.O. Box 19367, Washington, DC 20036; v. 202/387-8030; f. 202/234-5176
12 Church Road, Ardmore, PA 19003; v. 610/658-0880; f. 610/649-4066
This archive was generated by hypermail 2b29 : 03/09/00 PST