Late in 2017, Overdrive will launch a cost-per-circulation pricing model for eBooks and audiobooks that will enable libraries to provide a patron-driven acquisition model for select titles from OverDrive’s Marketplace catalog. When selecting a book under the cost-per circulation model, libraries will be charged only when a patron borrows a title. For more, see OverDrive’s blog post. — Joe
Category Archives: Products & Services
In What does it mean to ask for an “explainable” algorithm?, Ed Felten discusses the explanation problem for algorithms in terms of (1) claims of confidentiality; (2) complexity; (3) unreasonableness; and (4) injustice. See Felten’s Freedom to Tinker blog post for details. — Joe
Global-Regulation has launched the Global Law Search Engine, a fee-based service that can be test driven for free right now. The search service claims to be the most comprehensive currently available because one can “[s]earch, find and compare laws from 90 countries using a user-friendly search engine that is aimed at legal information professionals, not lawyers. Due note this important caveat: “Our service is entirely run by computer algorithms. Translations are not human-vetted. There may be inaccuracies in information due to our algorithmic extraction of information. Always consult the official source when making use of legal information.” FAQ here.
H/T to beSpacific. — Joe
AALL’s annual New Product Award gives the recipient vendor free fodder for an advertising campaign and a dose of much needed good press each year. “This award honors new commercial information products that enhance or improve existing law library services or procedures or innovative products which improve access to legal information, the legal research process, or procedures for technical processing of library materials. A ‘new’ product is one which has been in the library-related marketplace for two years or less. New products may include, but are not limited to, computer hardware and/or software, educational or bibliographic material, or other products or devices that aid or improve library workflow, research, or intellectual access. Products that have been reintroduced in a new format or with substantial changes are eligible.” Quoting from AALL’s New Product Award page.
Thomson Reuters won the award for WestlawNext in 2011 and Bloomberg Law won for BLaw in 2012. What ever happened to Lexis Advance? Launched in 2011, Lexis Advance would have still been eligible for the award in 2013 but PLI’s PLI Discover PLUS received it that year. PLI Discover PLUS is an excellent service but…it’s not from a major vendor of what was then a next-generation search service like, for example, WestlawNext was at the time Thomson Reuters received its award. Besides, I believe, PLI Discover PLUS would have been eligible for the award in 2014.
Lexis Advance was no better or worse than WestlawNext and arguably better that BLaw back in 2011-2013. So I’m left wondering why LexisNexis never received AALL’s New Product Award. For that matter, why didn’t LexisNexis receive the New Product Award when it launched the first professional grade, enhanced law eBooks and/or the first law eBook lending platform, the LexisNexis Digital Library? If LexisNexis systematically enhances its secondary works accessed on Lexis Advance with videos as it did with one title, the Company might be eligible again because “products that have been reintroduced in a new format or with substantial changes are eligible.” — Joe
List of Previous AALL New Product Award Winners
2017: Casetext, Pablo Arredondo, Vice President, Legal Research, San Francisco, CA, CARA
2016: Ravel Law, Daniel Lewis, CEO and Co-Founder, San Francisco, CA, Judge Analytics
2015: Lex Machina, Josh Becker, CEO, Menlo Park, CA, Legal Analytics®
2014: William S. Hein & Co., Inc., Getzville, NY and Fastcase, Inc., Washington, D.C., HeinOnline/Fastcase Integration
2013: Practicing Law Institute, New York, NY, PLI Discover PLUS
2012: Bloomberg Law, New York, NY, Bloomberg Law
2011: WestlawNext Team, Eagan, MN, Thomson Reuters – WestlawNext
2010: Fastcase, Inc., Fastcase Legal Research iPhone App
2009: William S. Hein & Co., Inc., Subject Compilations of State Laws (HeinOnline)
2008: Cassidy Cataloging Services, Inc., WLX Cataloging Record Service (WLX E Treatise Collection, Lexis II Primary Sources, and Westlaw IV Journals & Law Reviews)
2007: No award
2006: No award
2005: Thomson Gale, The Making of Modern Law
2004: Jenkins Law Library & American Lawyer Media, http://www.palawlibrary.com
2003: No award
2002: No award
2001: W.S. Hein & Co., Inc., Hein-On-Line
2000: IndexMaster, Inc., IndexMaster
1999: West Group, Key Cite
1998: Congressional Information Services, Inc., CIS Congressional Universe
1997: BNA, Inc., Health Law & Business Series
1996: No award
1995: Shepard’s McGraw-Hill, Inc., How to Shepardize
Since the foreshadowed demise of Lexis and Westlaw classic versions back in 2010 and 2011, I’ve been expecting to see the use of multimedia by our very expensive digital legal publishers in their newer search service platforms because it could be a transformative value-add-on for the traditional text-only electronic delivery of legal information. LexisNexis’ The Wagstaffe Group Practice Guide: Federal Civil Procedure Before Trial embeds 150+ short videos within the content of the work when you subscribe to the publication on Lexis Advance. LexisNexis press release. It appears, however, that the videos may not be embedded in a standalone eBook edition of this work. The work’s blurb notes “The eBook versions of this title feature links to Lexis Advance for further legal research options. Video content and links are exclusively available with a subscription to this title on Lexis Advance.” That’s disappointing but not unexpected; both Thomson Reuters and LexisNexis require a subscription to their search service to access resources linked to in their eBooks.
H/T to Bob Ambrogi’s LawSite post. See also Jean O’Grady’s Treatises are not dead they are just being transformed. Lexis Launches First Video Treatise. Can the Gamified Treatise Be Far Behind? — Joe
Reid Goldsborough describe the algorithmic basis for Facebook’s news feed, writing “The ever-changing algorithm behind Facebook’s news feed, called EdgeRank, is … crucial in today’s social media-infused world. It determines what you see when you check Facebook,” … adding … “Facebook is largely mum about EdgeRank, keeping many things private for competitive reasons. But based on what is publicly known as well as EdgeRank’s behavior, Facebook uses EdgeRank to help create your news feed mostly through Affinity Score, Edge Weight, and Time Decay.” Goldsborough proceeds by describing Affinity Score, Edge Weight, and Time Decay in layman’s terms. He also comments on the echo chamber effect of Facebook’s news feed in his Information Today article. Informative. — Joe
I must be getting old because when I read that AALL gave its annual product of the year award to Casetext’s CARA I didn’t know what it was. But Bob Ambrogi does. He reviewed the service last summer in New Casetext Feature Finds Relevant Cases For You, But Along With It Will Come New Pricing. CARA, which is short for Case Analysis Research Assistant, is a productivity enhancement tool for document review which automatically finds relevant cases to any document you upload into the system. Bob writes “[w]hat CARA is actually doing is comparing the cases in the uploaded document to the cases and articles in its database. For every case in the document, it is looking for other cases that are usually cited together with that case. It uses various indicators to weigh relevance, including how often two cases are cited together and how often they are discussed together in third-party articles contributed by Casetext users.” CARA’s output is a list of relevant cases not mentioned in the uploaded legal memorandum, brief, opinion letter or other document containing legal text.
Kudos to Casetext for creating what sounds like a useful tool. — Joe
“Low-cost can cost you” campaign: Does LexisNexis now acknowledge that Fastcase and Casemaker (and even Google Scholar) pose competitive threats?
On Lextalk, LexisNexis makes an obvious distinction: it offers resources low-cost search services do not provide. In a nutshell, Low-Cost Legal Research = Low-Value Results. LexisNexis Equips You with Much, Much More (March 18, 2017) claims that Lexis Advance is simply better because of its offerings (even if you don’t need the resources, tools and other value-add-ons). No metrics, no comparison of search engine performance, simply an unsubstantiated warning to lawyers that “cost savings usually equals case-law light,” meaning as displayed below, “low-cost can cost you.” See also Lextalk’s Low-Cost Legal Research: Go Cheap, Get Gaps. Go LexisNexis, Gain Confidence (Apr. 5, 2017).
In LexisNexis Comes Out Swinging Against Lower-Cost Legal Research Services, the Lawyerist’s Lisa Needham makes a perceptive observation: “What LexisNexis seems to overlook in their eagerness to go after everyone else is that it merely highlights how much they see things like Fastcase and Google Scholar as competition. If you’re scared enough to mount an entire campaign about how great you are and how terrible other services are, you’ve pretty much already acknowledged that they represent a legitimate threat. Fastcase and Casemaker should be nothing but proud to be highlighted in this fashion.”
Competition is definitely increasing in the small law market with Lexis, Westlaw and Fastcase in a virtual tie in the small law market and it does look like Lexis is mounting a campaign to acquire a larger install base in it. Lextalk recently published posts such as Texas Legal Research: 4 Ways to Get It Done Quickly, Thoroughly, Massachusetts Legal Research: 4 Ways to Get It Done Quickly, Thoroughly and Illinois Legal Research: 4 Ways to Get It Done Quickly, Thoroughly, all of which were published on April 25, 2017. Each post offers a discount for Lexis Advance that is limited to any attorney in a law firm with 1 – 50 attorneys. So has Lexis been losing ground to Casemaker and Fastcase in the Texas, Massachusetts and Illinois small law market? — Joe
End note: Members of the state bars of Texas, Massachusetts and Illinois receive Fastcase access as a membership benefit.
There is a new legal search service on the block and it intends to compete with Lexis Advance and Westlaw
Judicata is a legal search service still evolving into becoming a fully-fledged, professional grade one but it is getting very close to being ready. The search service already claims to be better than WEXIS. According to Judicata’s CEO Itai Gurari, “[w]e’ve focused on building a search engine that returns the best results the fastest, and at this point it mops the floor with Westlaw and Lexis.” Why? Because Judicata is mapping the law with extreme accuracy and granularity. Bob Ambrogi was given an opportunity to test drive Judicata yesterday and reports his findings today at After Five Years in Stealth Mode, Judicata Reveals Its Legal Research Service. Recommended. — Joe
How a network of bills become a law: What can be learned from GovTrack’s text incorporation analysis for legislative history research
A new analytical tool incorporated into GovTrack late last year reveals when provisions of bills are incorporated into other bills by way of text incorporation analysis. “Only about 3% of bills will be enacted through the signature of the President or a veto override. Another 1% are identical to those bills, so-called ‘companion bills,’ which are easily identified. Our new analysis reveals almost another 3% of bills which had substantial parts incorporated into an enacted bill in 2015–2016. To miss that last 3% is to be practically 100% wrong about how many bills are being enacted by Congress,” writes GovTrack. For details see GovTrack’s blog post and illustration of this new technique. — Joe
In How Google Cashes In on the Space Right Under the Search Bar (NYT, Apr. 23, 2017), Daisuke Wakabayashi wrote, “[w]hen Google’s parent company, Alphabet, reports earnings this week, the internet giant’s big profits are expected to demonstrate yet again that the billboard space accompanying Google queries is the web’s most valuable real estate for advertisements,” adding
In the 17 years since Google introduced text-based advertising above search results, the company has allocated more space to ads and created new forms of them. The ad creep on Google has pushed “organic” (unpaid) search results farther down the screen, an effect even more pronounced on the smaller displays of smartphones.
The changes are profound for retailers and brands that rely on leads from Google searches to drive online sales. With limited space available near the top of search results, not advertising on search terms associated with your brand or displaying images of your products is tantamount to telling potential customers to spend their money elsewhere.
COIN, short for Contract Intelligence, is JPMorgan’s in-house learning machine that parses financial deals, deals that once took lawyers thousands of hours to perform. In JPMorgan Software Does in Seconds What Took Lawyers 360,000 Hours, Bloomberg Markets’ Hugh Son provides a backgrounder on COIN. — Joe
Spurred by customer complaints about the difficulty they experienced navigating BLaw, Bloomberg Law has rolled out a streamlined user interface for conducting searches and finding specific types of content. For much more, see Bob Ambrogi’s In Major Redesign, Bloomberg Law Streamlines Its Search Interface. — Joe
The Harvard Law Record published an opinion piece, The Blue Wars: A Report from the Front, by Carl Malamud about the ongoing dispute the Harvard Law Review Association is having with Malamud because of his activities in co-creating and hosting the open-source Baby Blue’s Manual of Legal Citation on Public.Resource.Org. See our earlier post, Is a uniform system of citation an open-source feature of our legal system’s infrastructure? Malamud’s Harvard Law Record article details the history of this dispute. Lawsuit forthcoming? — Joe
In Moneyball for Book Publishers: A Detailed Look at How We Read, New York Times, March 14, 2016, Alexandra Alter and Karl Russell report that Jellybooks, a reader analytics company, is providing statistical analysis of ebook reading behavior to seven unidentified trade publishers.
Here is how it works: the company gives free e-books to a group of readers, often before publication. Rather than asking readers to write a review, it tells them to click on a link embedded in the e-book that will upload all the information that the device has recorded. The information shows Jellybooks when people read and for how long, how far they get in a book and how quickly they read, among other details. It resembles how Amazon and Apple, by looking at data stored in e-reading devices and apps, can see how often books are opened and how far into a book readers get.
Alter and Russell also report that “[f]or the most part, the publishers who are working with Jellybooks are not using the data to radically reshape books to make them more enticing, though they might do that eventually. But some are using the findings to shape their marketing plans.”
Click to enlarge above image to view an example of Jellybooks’ reader analytics. — Joe
Commercializing AI: TR’s Watson Initiative to launch global financial regulation product by year’s end
Among several other product announcements, Thomson Reuters Legal recently disclosed that it will release in beta the first legal product using Watson’s cognitive computing technologies by year’s end. On Dewey B Strategic, Jean O’Grady writes
Ever since TR announced their collaboration with IBM Watson last October, the legal community has been impatient to learn how this alliance will manifest in a legal product. We still don’t know but TR did promise that they will be the first company for built a legal product using Watson technology. The alliance will combine IBM’s cognitive computing with TR’s deep domain expertise. A panel of executives from TR and Watson revealed that there will be a beta product available by the end of 2016. Their first collaboration will focus on taming the complexities of global financial regulation.
Bob Ambrogi adds “The product will help users untangle the sometimes-confusing web of global legal and regulatory requirements and will be targeted at customers in corporate legal, corporate compliance and law firms. Initially, it will focus on financial services, [Erik Laughlin, managing director, Legal Managed Services and Corporate Segment, and head of the Watson Initiative] suggested, but will also address other domains important to corporations.”
Very interesting. Wouldn’t it be something if TR was prepared to demonstrate how this product will work at
AALL ALI AALL in Chicago this year? — Joe
Lex Machina issued a report last Tuesday that analyzes copyright litigation trends over the last five years. The report is impressive for the level of detail in the statistical analysis and charts presented in the 37 page document. The report is designed to highlight legal analytics in copyright litigation. The target audience appears to be plaintiffs with a heavy interest in protecting their media assets, firms that are considering taking on copyright cases, and those with an interest in the mechanics of copyright litigation. As the report indicates, it is the first survey of its kind. I’ve followed file sharing and other IP cases which I have reported on in this forum from time to time. I found the report interesting for its snapshot of how litigation progresses through the courts.
Highlights from the press release include:
- Top plaintiffs include music (Broadcast Music, Sony/ATV Songs, Songs of Universal, UMG Records, EMI, and more), software (Microsoft), fashion (Coach), and textile patterns (Star Fabrics) industries.
- Top defendants include retailers (Ross Stores, TJX (TJ Maxx), Amazon, Burlington Coat Factory, Rainbow USA, J.C. Penny, Sears, Forever 21, Wal-mart, and Nordstroms), music labels (Universal Music, Sony Music Entertainment, UMG Recordings), & publishing / education, (Pearson Education and John Wiley and Sons).
- Doniger Burroughs, a California fashion, art, and entertainment boutique leads among plaintiffs firms with 741 cases, more than double the next firm.
- Copyright litigation is heavily concentrated in the Central District of California (2,496 cases, 26.2% of all since 2009) and the Southern District of New York (1,061 cases, 11.1%).
- Fair use is usually decided on summary judgment.
- The majority of infringement findings happen as a result of default, and almost all default findings are for infringement.
- Top parties winning damages include companies in movies and entertainment (Disney, Twentieth Century Fox, Columbia Pictures, Warner Brothers, Universal, Paramount Pictures, and more), software (Quantlab, Foundry Networks), and music (UMG Recording).
- In file sharing cases, about 90% of cases settle. Top plaintiffs include movie production companies. And an erotic website leads the list of Internet file-sharing plaintiffs with 4,238 cases – about 15 times as many cases as the next most litigious plaintiff.
The report registration and download link is here.