On Tue, 1 Nov 1994, Jonathan A Franklin wrote:
> 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.
>
The Westlaw decision currently lacks the dissent by Judge Jacobs
indicated in the NYT article.
Nick Finke
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