The Sunday Oct. 30 NYT reported that the 2nd Circuit has issued
its Texaco decision, affirming the District Court. It was 2-1 with
Chief Judge Newman writing, Winter concurring, and Jacobs dissenting.
It appears from the article as if the basis for the decision was
that the archival use was the purpose for which additional subscriptions
were normally sold (or licenses purchased), so it did not fall under fair
use exception.
It is on WESTLAW as 1994 WL 590563.
- Jonathan Franklin
- University of Michigan Law Library
- jafrank@umich.edu
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