Fastcase, Inc. v. Lawriter LLC

Filing 22

Statement of Material Facts re 17 MOTION for Summary Judgment filed by Lawriter LLC. (Rozelsky, Kurt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
C.A. NO. 1:16-CV-00327-TCB
FASTCASE, INC.,

)
)
PLAINTIFF,
)
)
vs.
)
)
LAWRITER, LLC d/b/a Casemaker, )
)
DEFENDANT.
)
)

DEFENDANT’S STATEMENT OF
MATERIAL FACTS

Defendant Lawriter, LLC d/b/a Casemaker (“Lawriter”) submits that there is
no genuine issue to be tried with regard to the following facts:
1.

Lawriter has entered into a contract with the State of Georgia to

publish the Georgia Rules and Regulations and Monthly Bulletins. Doc. 4-2,
Exhibit B to Amended Complaint for Declaratory Judgment, at 2; Affidavit of
David Harriman (“Harriman Aff.”), at 1, ¶ 4, Ex. A.
2.

Lawriter previously represented on the Georgia Secretary of State

website that it was the “designated publisher” of Georgia’s Rules and Regulations,
however since April 7, 2016, the website link no longer uses such language.
Harriman Aff., at 4, ¶9, Ex. B.

3.

Lawriter has informed Plaintiff it “does not intend to commence,

institute and/or file any litigation regarding any use of the Electronic Files by
Plaintiff prior to April 7, 2016.” Harriman Aff., at 5, ¶¶10-11, Ex. C.
4.

Lawriter currently has no counterclaims asserted against Plaintiff.

Doc. 14, Amended Answer to Amended Complaint for Declaratory Judgment and
Counterclaim, at 1-8, ¶¶ 1-37; Harriman Aff., at 5, ¶10.
5.

Lawriter engages in a sophisticated and complex publication process

in order to create and maintain its electronic files relating to the Georgia Rules and
Regulations. Lawriter usually receive approximately six to eight agency updates
per month from the State of Georgia. These updates are received in Microsoft
Word format and must be converted to Hypertext Markup Language (HTML) by
Lawriter’s proprietary software, and this process is monitored by a programmer.
These files are then converted to Extensible Markup Language (XML) using
another proprietary program and monitored by a programmer for accuracy. The
XML files must then be manually checked by three to four trained editors, taking
four to six hours, and then checked by a senior programmer. After this extensive
process, the data is then sent to senior editors in Virginia who review all changes
for accuracy. Finally, the data is uploaded to the website by a senior programmer
and another program is utilized to ensure there are no errors. Harriman Aff., at 12, ¶ 5.
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6.

This conversion process takes approximately twelve hours of senior

programmer time, up to twenty-four hours of editor time, approximately four hours
of senior editor time, approximately three to four hours of editor time once the files
are in Virginia, and approximately two hours of programmer time to publish the
data for Georgia on the website. After publishing, the data is again checked
against Lawriter’s published version to ensure no conflict exists between the
Georgia reporter and the Lawriter website.

This process takes another

approximately thirty-six to thirty-eight hours of specially trained editors and
programmers time once per month. Harriman Aff., at 2, ¶6.
7.

Lawriter typically receives three (3) to seven (7) agency updates on

monthly basis from the State of Georgia. Once the updates are received in
Microsoft Word format they have to be converted in Hypertext Markup Language
(“HTML”) by Lawriter’s proprietary software, which is monitored by a
programmer for any errors. The data is then converted to Extensible Markup
Language (“XML”) using another proprietary program. The process is again
monitored by a programmer to assure accuracy. The converted XML files are than
manually checked and “tagged” by three (3) to four (4) trained editors, which takes
about four (4) to six (6) hours each depending on the data. A “tag” is a nonhierarchical keyword, term, or symbol placed in a document to identify it or assign
placement to a piece of information, such as titles, chapters, section, sub-section, or
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footnote. This kind of metadata tagging helps describe an item and allows it to be
found again by browsing or searching. A senior editor then checks the XML data
for accuracy. Data is then published by another specially-written program, which is
monitored by a senior programmer to assure accuracy. After all these processes the
data is ready for publishing and sent to senior editors in Charlottesville, Virginia,
who review the changes in the data from previous versions including verification
of effective dates and accuracy of all affected sections due to change. After the
review, the data is ready to be published on the website. Data on the Georgia
website is uploaded by a senior programmer before proprietary software is run to
assure all the hyperlinks are proper and accuracy is maintained after publication.
Thus, every time revised data is received from Georgia, it takes total of
approximately twelve (12) hours of senior programmer, up to twenty-four (24)
hours of editor time, approximately four (4) hours of senior editor time and
approximately three (3) to four (4) hours of editor time in Charlottesville, Virginia
and approximately two (2) hours of programmer time for publishing the Georgia
data on the website. This process repeats three (3) to seven (7) hours each month.
Harriman Aff. at 2-3, ¶7.
8.

The Georgia Bulletin, the companion publication to the Georgia Rules

and Regulations, is published once a month to show what data is newly effective in
the Rules and Regulations each month.
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Preparation of the Georgia Bulletin

includes coordination between the Georgia Secretary of State’s office and Lawriter
personnel to assure all of the effective changes are in our published version and
that no conflict exists between the Georgia Bulletin and the Rules and Regulations.
This process takes another approximately thirty-six (36) to thirty-eight (38) hours
of specially trained editors and programmers time each month. Harriman Aff. at 4,
¶8.
9.

On or about April 7, 2016, Lawriter modified its website link to the

Georgia Rules and Regulations to require users enter a private contract in order to
obtain access to these materials obtained and posted by Lawriter. Harriman Aff. at
4, ¶9.
10.

Due to the express contract created by the updated Terms of Use,

Lawriter withdrew its counterclaims against Plaintiff regarding any copying of
material from any version of the website in existence prior to April 7, 2015.
Harriman Aff., at 4, ¶ 10.
11.

Lawriter has provided Plaintiff with a covenant not to sue as to the

abandoned counterclaims. Harriman Aff., at 4, ¶ 11, Ex. C.

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Respectfully submitted this 9th day of June 2016.
SMITH MOORE LEATHERWOOD, LLP
By: s/ Kurt M. Rozelsky
Kurt M. Rozelsky (Bar No. 617932)
Joseph W. Rohe (Bar No. 727154)
2 West Washington Street, Suite 1100
P.O. Box 87, Greenville, SC 29602
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant

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