Submission to the Federal Trade Commission

Manifest

Submission To:

The Federal Trade Commission
600 Pennsylvania Avenue, N.W.
Washington, D.C. 20580
United States

Submission By:

Public.Resource.Org, Inc. (“Public Resource”)

Individuals Supporting the Submission:

Law librarians, lawyers, law students, and anybody else wishing to express support for this submission may sign this Form for Supporters.

Summary:

Assertions of copyright over edicts of government—law and legal materials issued in the name of lawmakers—by state governments and private legal information providers harm and deceive consumers and are the result of anticompetitive practices. We request that the Federal Trade Commission step in to protect consumers by stopping these unfair, deceptive and fraudulent practices in the marketplace.

Initial Posting Date: October 29, 2021

Table of Contents

Main Submission to the Federal Trade Commission prepared by Axinn, Veltrop & Harkrider LLP

Additional Submissions (Amici Commissione)

Submission 01: Submission of Intellectual Property Professors
Submission 02: Declaration of Joshua Blandi
- Exhibit 01 - No Documents Available via Bulk Distribution
- Exhibit 02 - Indiana User Agreement - UniCourt
- Exhibit 03 - Data Cost Estimates for Bulk Messaging
- Exhibit 04 - Indiana Supreme Court Order 94S00-1109-MS-552
- Exhibit 05 - Court Portal Links
- Exhibit 06 - Orange, CA (2012 - 2018) Cost Data
- Exhibit 07 - Los Angeles (2012 - 2018) Cost Data
- Exhibit 08 - San Diego (2012 - 2018) Cost Data
Submission 03: Supplementary Submission of Public Resource on the State Action Doctrine

Declarations

Declaration 01: Declaration of Carl Malamud
- Exhibit A - Washington Post 1994-09-19
- Exhibit B - Letter from SEC 1995-08-31
- Exhibit C - National Journal 2007-03-17
- Exhibit D - Letter from Speaker Boehner 2011-01-05
- Exhibit E - Letter from Hon. David Ferriero 2019-04-02
- Exhibit F - Volunteers Duplicate Federal Videos for an Online Archive 2010-03-14
- Exhibit G - 1.8M Pages of Federal Case Law to Go Public 2007-11-14
- Exhibit H - Audit of Circuit Court Opinions 2008-05-03
- Exhibit I - Letter From Judge Rosenthal 2008-07-16
- Exhibit J - Letter from Hon. Royce Lamberth 2009-01-28
- Exhibit K - An Effort to Upgrade a Court Archive System to Free and Easy 2009-02-12
- Exhibit L - Letter from Oregon Legislature 2008-04-07
- Exhibit M - Testimony in Oregon 2008-06-19
- Exhibit N-1 - To Idaho Code Commission 2013-05-30
- Exhibit N-2 - From Idaho Code Commission 2013-07-12
- Exhibit N-3 - From Idaho Code Commission 2014-04-02
- Exhibit N-4 - To Idaho Code Commission 2021-03-30
- Exhibit N-5 - Idaho Code Commission Minutes 2021-08-03
- Exhibit O-1 - Letter to Mississippi 2013-05-30
- Exhibit O-2 - Letter from Mississippi 2013-10-07
- Exhibit O-3 - Letter to Mississippi 2013-10-11
- Exhibit O-4 - Letter from Counsel to Mississippi 2014-04-10
- Exhibit O-5 - Letter from Mississippi 2017-04-21
- Exhibit O-6 - Letter to Mississippi 2018-11-12
- Exhibit O-7 - Letter to Mississippi 2021-03-30
- Exhibit O-8 - Mississippi Records Act Request 2021-08-02
- Exhibit O-9 - Minutes of the Mississippi Joint Committtee 2002-2012
- Exhibit O-A - Contract With Lexis
- Exhibit P-1 - Letter to Georgia 2013-05-30
- Exhibit P-2 - Letter from Georgia 2013-07-25
- Exhibit P-3 - Letter to Georgia 2013-07-30
- Exhibit P-4 - Letter from Georgia 2013-08-15
- Exhibit P-5 - Letter to 8 Officials and Librarians 2013-09-24
- Exhibit P-6 - Letter to Georgia 2014-01-28
- Exhibit P-7 - Testimony of Carl Malamud 2014-01-14
- Exhibit P-8 - Letter to Georgia 2014-07-01
- Exhibit P-9 - Georgia claims that publishing its state laws for free online is terrorism 2015-07-27
- Exhibit P-A - Opinion - The New York Times 2919-06-25
- Exhibit P-B - Letter to Georgia 2019-01-02
- Exhibit P-C - Letter from Georgia 2019-01-11
- Exhibit P-D - Letter to Georgia 2021-02-25
- Exhibit P-E - 2021 Code Revision Meeting Draft Minutes
- Exhibit P-F - Lexis contract - 2006
- Exhibit P-G - 2011 Amendment to Lexis contract
- Exhibit P-H - 2018 amendment to Lexis contract
- Exhibit P-I - 2021 Amendment to Lexis contract
- Exhibit Q-1 - Letter to Tennessee 2021-04-14
- Exhibit Q-2 - Letter from LexisNexis 2021-04-17
- Exhibit Q-3 - Letter from Tennessee 2021-08-11
- Exhibit R-1 - Letter to Arkansas 2013-05-23
- Exhibit R-2 - Arkansas Code Revision Commission 2020-12-01
- Exhibit R-3 - 2020-12-21
- Exhibit R-4 - Letter to Arkansas 2021-04-06
- Exhibit R-5 - Contract - Lexis-Nexis
- Exhibit R-6 - Arkansas Code Revision Commission Minutes.2012-2020
- Exhibit R-7 - Arkansas Code Revision Commission, Document C1 2021-09-29
- Exhibit R-8 - Arkansas Code Revision Commission, Document C2 2021-09-29
- Exhibit R-9 - Arkansas Code Revision Commission, Transcript of 2021-09-29
- Exhibit S-1 - Letter to Wisconsin Judicial Conference 2020-06-01
- Exhibit S-2 - Press Announcement 2021-01-26
- Exhibit T-1 - Letter to Georgia Courts 2021-05-14
- Exhibit T-2 - Letter to Georgia Courts 2021-06-23
- Exhibit U-1 - Letter to Minnessota Courts.gov.20210407
- Exhibit U-2 - Letter from Minnesota Courts 2021-05-18
- Exhibit V - Letter to California Judicial Council 2020-11-24
- Exhibit W-1 - Letter to Building Standards Commission 2020-12-29
- Exhibit W-2 - Letter from Building Standards Commission 2021-01-07
- Exhibit W-3 - Letter to BSC 2021-01-29
- Exhibit W-4 - Letter to Office of Administrative Law - 2020-12-29
- Exhibit W-5 - Response from OAL 2021-01-22
- Exhibit W-6 - Letter to OAL 2021-02-03
- Exhibit X-1 - Indiana Model Civil Jury Instructions | LexisNexis Store
Declaration 02: Declaration of Scott Burris
- Exhibit 01 - LSC Eviction Laws - Research Protocol to Gather Data Set
- Exhibit 02 - New Eviction Laws Database - Press Release
Declaration 03: Declaration of John Joergensen
Declaration 04: Declaration of Jocelyn Kennedy
Declaration 05: Declaration of Michael Livermore
- Exhibit 01 - Amicus Brief of Computational Law Scholars
Declaration 06: Declaration of Kim Paula Nayyer
Declaration 07: Declaration of Amanda Runyon
- Exhibit 01 - Effects of Economics on Law Libraries
- Exhibit 02 - Federal Reserve PPI for Legal Services
Declaration 08: Declaration of Teresa Miguel-Stearns
- Exhibit 01 - When Westlaw Fuels Ice
- Exhibit 02 - Yale-Lexis_MOU (2019)
Declaration 09: Declaration of Tim Stanley
Declaration 10: Declaration of Leslie Street
- Exhibit 01 - Amicus Brief of Law Librarians
Declaration 11: Declaration of Beth Williams
Declaration 12: Declaration of Stephen Wolf
Declaration 13: Declaration of Adam Ziegler
- Exhibit 01 - Amicus Brief of Harvard Cyberlaw Clinic

Supplementary Exhibits

Exhibit 01 - Amicus Brief of Print Disability Advocates
Exhibit 02 - Declaration of Ed Walters
Exhibit 03a - Survey of State Official Codifications (pdf)
Exhibit 03b - Survey of State Official Codifications - End Notes
Exhibit 03c - Survey of State Official Codifications (xslx)
Exhibit 04a - Survey of State Jury Instructions (pdf)
Exhibit 04b - Survey of State Jury Instructions - End Notes
Exhibit 04c - Survey of State Jury Instructions (xslx)
Exhibit 05 - Kullen and Funk - Digital Text Analysis
Exhibit 06 - Courtney - The State Copyright Conundrum
Exhibit 07 - Hansen and Street - Who Owns the Law
Exhibit 08 - Kentucky Agreement With Lexis
Exhibit 09 - Kentucky Agreement With West
Exhibit 10 - Colorado Explanation of Rule Review Bill
Exhibit 11 - Colorado HB 16-1257
Exhibit 12 - Colorado Publications Contract 2012 FINAL
Exhibit 13 - Colorado Publications Contract 2017 Extension [signed]
Exhibit 14 - Colorado Publications Statutes
Exhibit 15 - Colorado Revised Draft Bill Title 12 Recodification
Exhibit 16 - Colorado Records Request
Exhibit 17 - George Mason Lexis Invoice 2021-03-01
Exhibit 18 - George Mason Lexis Subscription Agreement 2019-2021
Exhibit 19 - George Mason LexisNexis Addendum 2018-05-23
Exhibit 20 - George Mason Westlaw Invoice 2021-03-31
Exhibit 21 - George Mason Westlaw Pricing Letter 2021- 2022
Exhibit 22 - George Mason Westlaw CONTRACT ADDENDUM 2018-10-04
Exhibit 23 - Indiana Jury Instructions Notification
Exhibit 24 - William and Mary 2021 Contract with West
Exhibit 25 - William and Mary 2021 Lexis Invoice
Exhibit 26 - William and Mary 2021-2024 Lexis Contract

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Last Updated: Wed Feb 16 11:13:18 PST 2022