[8981] in Commercialization & Privatization of the Internet
Re: JURIS - DOJ rejects TAP FOIA Request
daemon@ATHENA.MIT.EDU (Alan Sugarman)
Tue Dec 14 11:43:53 1993
Date: Tue, 14 Dec 1993 10:57:11 -0500 (EST)
From: Alan Sugarman <sugarman@panix.com>
To: Steve Haynes <shaynes@research.westlaw.com>
Cc: shaynes@research.westlaw.com, com-priv@psi.com, mark@drd.comshaynes,
In-Reply-To: <9312092311.AA13767@research.westlaw.com>
Steve:
It seems to me that you are unable to respond in a substantive and factual
manner as to my description of the largesse accorded West Publishing
Company as to the publication of the decisions of the United States Court
of Appeals for the Fifth Circuit. You know that West has a sweetheart
deal there. I also quote from the notice appearing at the beginning of
West federal publications:
"Copyright is not claimed as to any part of the original work
prepared by a United States Government officer or employee as part of that
person's official duties."
Do we assume that the conversations between West and judges and court
employees are not part the official duties of those persons? Do we assume
that when a court employee provides corrections only to West or in a
private conversation that that person is not doing so as part of their
official duties? Does West contend that those corrections are part of the
West copyright or are not?
As to the 1994 Barney Frank hearings, I assume you speak in jest. Tell me,
what did West do or say to Barney Frank that made him drop his bill like a
hot potato(e). Your president Vance Opperman brags that he is a close buddy
to Al Gore and Teddy Kennedy ... just hard for me to see any hearing this year.
And now, West has its new lobbyist in Washington, former Representative
Gerry "697" Sikorsky, now a partner in West's captive law firm ne Opperman
Heins et al. Seems to me that Sikorsky was hired to stop Frank, not to
help him. And, I was always curious. At the 1992 hearing, a non-member
of the subcommitee showed up at the hearing, Representative Jim Ramstead
of Minnesota. Who wrote his statement and questions? ... sample:
"I feel this attack is unwarranted. It's precisely this type of
unjustified assault that has caused America to lose its competitive edge
in the world marketplace. The legislation being considered today
represents any effort by one of the largest and most powerful foreign
conglomerates in the world, led by an English ord, to win in the U.S.
Congress what it knows it cannot win in the courts." Hearing, page 5.
I wish Rep. Ramstead had explained to the subcommittee why Mead was not
supporting the bill. Guess there must be something in that secret
settlement agreement out in the Minnesotat federal court that prohibits
Mead from exercising its constitutional rights.
Was it the Opperman firm who also wrote Vance's testimony ("West began
business operations on the banks of the Mississipi River in St. Paul at a time when
Minnesota was still the Northwest...")? Was it West's paid law professors
Berring (Berkley), Gorman (Univ. of Pennsylvania) (page 335),Raskin,
Goldstein (Stanford, page 339) who the subcommittee required to own up to
their payments from West?
For some reason, I do not see a repeat of the Frank committee hearings.
If so, perhaps you could testify and explain all of the factual errors in my
orignial posting. There are not any to my knowledge and I would be most
pleased to fix any factual errors. Spin is of course my prerogative.
As far as dinner, I guess you are a complete Westie know. I guess I will
have to share my bottle of 1970 Haut Brion with someone else.
Alan
On Thu, 9 Dec 1993, Steve Haynes wrote:
>
> Gee, Alan, I'd be tempted to thank you for making my point for me.
>
> Anyway, aside from the particular spin you place on events, some of what
> you say clearly points up the immense value that West adds to the judges'
> work product and illustrates why the American system of privately-
> published judicial decisions is the best in the world.
>
> I guess we can expect to hear much of this repeated in front of Barney
> Frank's subcommittee sometime in 1994, right?
>
> Finally, on the subject of dinner, somehow I don't think you and I will
> be sharing many meals in the near future. Our interests appear to be
> diverging radically.
>
> Steve Haynes
>
> * Stephen L. Haynes Internet: shaynes@research.westlaw.com
> * Manager, WESTLAW Research MCI Mail: 221-3969
> * & Development Compuserve: 76236,3547
> * West Publishing Company Phone: 612/687-5770
> * 610 Opperman Drive Fax: 612/687-7907
> * Eagan, MN 55123
