The following letter was sent today to the Wisconsin Supreme Court.
This are West positions (sic) in its own words.
:::::::::::::::::::::::::::::::::::::::::::
HyperLaw, Inc.
P.O. Box 1176
New York, New York 10023
212-787-2812
212-496-4138 (fax)
April 7, 1995
Via Facsimile
The Honorable Chief Justice Nathan Heffernan
c/o Marilyn Graves, Clerk of the Court
Wisconsin Supreme Court
State Capitol Building
Madison, WI 53702
Dear Judge Heffernan:
In West=92s Supplemental Brief dated April 3, 1995=20
opposing the proposed Wisconsin public domain=20
citation, West states at page 8:
West Publishing does not object to other=20
publishers using initial citations to its case=20
reports--the volume number, the West reporter=20
designation, and the first page number of the=20
case report. It has stated that position=20
repeatedly and-- contrary to the suggestion of=20
one of West=92s critics, Alan Sugarman, in this=20
letter to the Courts--consistently in deposition=20
testimony, in the briefs it has submitted in=20
federal copyright cases, and in its statements=20
to this Court on March 21. Since West has no=20
objection to the use of initial citations to its=20
case reports, even by its competitors, those=20
initial citations are effectively =93in the public=20
domain.=94
However, in West responses to Matthew Bender=92s Second=20
Set of Requests for Admissions in Matthew Bender &=20
Company, Inc. and HyperLaw, Inc. v. West Publishing=20
Company, 94 Civ. 0589 (United States District Court,=20
Southern District of New York), dated March 31, 1995,=20
and signed by Donna M. Bergsgaard of West and Joseph=20
M. Musilek of Schatz Paquin, there appear the=20
following requests for admissions by Matthew Bender,=20
and the following repsponses by West:
REQUEST FOR ADMISSION NO. 9:
West does not claim a copyright in First Page=20
Citations.
WEST RESPONSE:
Denied.
REQUEST FOR ADMISSION NO. 10:
West does not object to anyone, including=20
Matthew Bender, using First Page Citations for=20
any purpose.
WEST RESPONSE:
Denied.
REQUEST FOR ADMISSION NO. 11
The use of First Page Citations by any person=20
for any purpose does not Infringe any West=20
copyright.
WEST RESPONSE:
Denied.
It seems to us that given the back and forth=20
positions of West, that the only prudent course for=20
the State of Wisconsin is to establish a public=20
domain citation which is not subject to the daily=20
whims of a single private publisher.
Sincerely,
/s/ads
Alan D. Sugarman
President
cc:=09Brady C. Williamson, Esq. (facsimile 608-257-
3911)
=09=09(Counsel for West Publishing Company)
=09Joseph Musilek, Esq., Schatz Paquin et al
=09=09(Counsel for West Publishing Company)
=09Morgan Chu, Esq., Irell & Manella
=09=09(Counsel for Matthew Bender & Company) (=20
fax 310-203-7199)
=09William Mulligan, Esq.=20
=09=09(Counsel for Wisconsin State Bar) (fax 414-
276-9369)
=09Paul J. Ruskin, Esq.
=09=09(Counsel for HyperLaw)
=09Carl J. Hartmann, Esq.
=09=09(Counsel for HyperLaw)
Alan D. Sugarman
President
HyperLaw, Inc. ®
Publisher of Federal Appeals on Disc tm CD-ROM
sugarman@hyperlaw.com
212-787-2812
212-496-4138 (fax)
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