[LAW-LIB:55246] RE: Nimmer on Copyright/McCarthy on Trademarks (Electronic vs. Print)

From: Erik Adams (EAdams@sheppardmullin.com)
Date: Wed Apr 09 2008 - 09:52:23 PDT

  • Next message: Dennis Kim-Prieto: "[LAW-LIB:55247] Re: Nimmer on Copyright/McCarthy on Trademarks (Electronic vs. Print)"

    > He states that the print version is "official"
    > while the electronic version has errors.

    I think you've got an attorney who is confusing a few issues, and is
    perhaps being little disingenuous.

    Being somewhat literal minded, I think the word "official" should only
    be applied to certain things - like case reporters or codes that have
    been blessed by the appropriate agencies. In that sense, Nimmer and
    McCarthy are no more "official" than "Pat the Bunny".

    While it cannot be denied that there are occasionally differences
    between the electronic and print versions, errors happen in both
    directions - material is fixed online that isn't fixed in print, or at
    least isn't until the next update, which might be months away.

    Whenever this has happened at my firm, the real problem has been that
    the attorney doesn't like electronic resources. That's not entirely
    unreasonable, but it's a personal preference. I personally wouldn't
    find "Pat the Bunny" nearly as satisfying on a computer monitor. But to
    claim that any secondary source is only reliable and "official" when it
    is available via dead trees is most charitably described as ill
    informed.

    I'm sure the publishers will be more than happy to talk to your
    attorney.

    Erik Y. Adams
    Electronic Resources Librarian
    Sheppard, Mullin, Richter & Hampton
    eadams@sheppardmullin.com
    (213)617-5429 / Fax: (213)620-1398
     
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    Erik Adams
    Electronic Services Librarian
    333 South Hope Street
    48th Floor
    Los Angeles, CA 90071-1448
    EAdams@sheppardmullin.com
    Direct: 213.617.5429

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