Overview
In a brief order, with full opinion to follow, Judge Rakoff today granted the motion for summary judgment of Westlaw and Lexis on copyright infringement claims brought by a solo practitioner against the legal research giants. The plaintiff, Edward L. White, PC, brought infringement claims based on the inclusion of copyrighted legal briefs in West's "Litigator" and Lexis' "Briefs, Pleadings and Motions" databases. On summary judgment, West and Lexis had argued that their use of the briefs was "transformative," in that the briefs were being published for use as a research tool and not for their original purpose, advocating a client's position. The plaintiff had argued that the briefs were being used by lawyers to make the same arguments found in the briefs and thus not "transformative." Judge Rakoff agreed with West and Lexis, and stated that an opinion would follow "in due course."