Law in the Internet Society

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ElliottPaper1 18 - 11 Nov 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, as I'm sure you know, many American statutes have been made available by the relevant legislative authorities, which means I take your argument to be primarily concerned with the unavailability of caselaw. If that's true, will allowing American citizens, many of whom assume that statutes are the entirety of what makes up the law, to freely view caselaw 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.
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