Law in the Internet Society

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ElliottPaper1 22 - 11 Dec 2008 - Main.JoshS
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The Lexis/Westlaw Duopoly and the Proprietization of Legal Research

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 The social benefits of a free alternative to Lexis/Westlaw are incalculable. The free alternative described above should be pursued with all deliberate speed.
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  • First, will allowing American citizens--many of whom assume that statutes are the entirety of what makes up the law--to view caselaw freely solve the problem of being influenced and controlled by laws they don't have access/understanding of? On the other hand, Wikipedia has entries for some cases where the cases are (minimally) synthesized. If your concern is about getting the citizenry information about what cases are out there, is that equally helpful? Differently helpful? Second, I'm pretty sure that Lexis and WestLaw? are forced to have non-mimicking platforms because they keep suing each other for (what they perceive as) copyright violations, not because of collusion.
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  • First, will allowing American citizens--many of whom assume that statutes are the entirety of what makes up the law--to view caselaw freely solve the problem of being influenced and controlled by laws they don't have access/understanding of? On the other hand, Wikipedia has entries for some cases where the cases are (minimally) synthesized. If your concern is about getting the citizenry information about what cases are out there, is that equally helpful? Differently helpful? Second, I'm pretty sure that Lexis and WestLaw? are forced to have non-mimicking platforms because they keep suing each other for (what they perceive as) copyright violations, not because of collusion. -- JoshS
 
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  • Why are you pretty sure, JoshS? ? Could you help us be pretty
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  • Why are you pretty sure, Josh? Could you help us be pretty
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  • Some think that wikis would be well-used for, say, treatises. I think there's not much value in putting all our caselaw in wikis--a special-purpose annotator might be better, because there shouldn't be any reason for The Public to go around changing the text of opinions. -- DanielHarris - 15 Nov 2008

*-- JohnPowerHely - Daniel - I'd agree that The Public shouldn't be able to change the text of opinions, but just as WestLaw? has KeyCites? and Lexis has Headnotes (or is it Header Notes?), an open source wiki version could have its own case notes and synopses.


Revision 22r22 - 11 Dec 2008 - 23:32:48 - JoshS
Revision 21r21 - 10 Dec 2008 - 04:42:14 - JohnPowerHely
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