Can "Good Law" Certifications Filed in Court Proceedings Be Protected by Copyright?

In A Victory for Fair Use: Online Publication of Attorney Filings OK, Copyright Suit Against Lexis and Westlaw Dismissed, Jean O'Grady reports that US District Judge Rakoff dismissed the plaintiff's claims in Edward White v. West Publishing Corp, U.S. District Court for the Southern District of New York, No. 12-1340, that WEXIS violated ... well, just read the title of the Dewey B Strategic post.

Call me even more cynical that O'Grady. The only thing the author of court filings can lay claim to is certifying that the legal arguments made are based on "good law." O'Grady reports that Judge Rakoff's dismissal will be followed up with an opinion. I doubt WEXIS will complain if the Court's opinion is derived from their briefs. [JH]