Once again, the blogosphere was discussing whether complaints can be copyrighted or otherwise protected from copying.
The short answer is no.
The longer answer has to do with this burning question: What does it take to get noticed around here?
Peter Lattman wrote about this last year, citing Davida Isaacs’ article on the subject. He wrote about it again today, again citing the same article. Steve Bainbridge and Gordon Smith followed up, with Gordon also linking the article that Lattman linked last year and again today.
Now here's the punchline: Bruce Kobayashi and I had earlier written the definitive article on the topic, Class Action Lawyers as Lawmakers, which Isaacs unfortunately did not cite, though it had been available on SSRN for some time.
When Peter and Gordon wrote on this issue last year, I blogged on the lamentable neglect of my and Kobayashi’s definitive article on the topic.
And so here I am again, still lamenting on the sad neglect of this definitive work.
For those who missed it, here is the full cite: Class Action Lawyers as Lawmakers, 46 Arizona Law Review 733 (2004).
Perhaps this bears repeating: Class Action Lawyers as Lawmakers, 46 Arizona Law Review 733 (2004).
And here's that link again, if you missed it the first time.
P.S.: If you read Bruce and my definitive article, you will learn that there are devices other than copyright for protecting lawyers' investments in their complaints.
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