Case Analysis : ' Newton V. Diamond '

889 Words Aug 9th, 2016 4 Pages
KeyCite on WestlawNext allows you to validate the case law that you find. KeyCite uses flags to indicate the status of the case. A red flag warns that the case is no longer good law for at least one of the points of law it contains. A yellow flag warns that the case has some negative history but has not been reversed or overruled. A blue H indicates that the case has some history. A green C indicated that the case has citing references but no direct history or negative citing references. You always need to read the case and check out the points that have a red or a yellow flag because they may or may not relate to your particular topic. I chose Newton v. Diamond, 388 F. 3d 1189 (9th Cir. 2004) to validate. When you type in the main search bar on WestlawNext “Newton v. Diamond, 388 F. 3d 1189 (9th Cir. 2004)” you will see that there is a yellow flag next to the first result. Click on the yellow flag, which will prompt you to the negative citing references. You will see that the case was distinguished by L.A. Printed Industries, Inc. v. Le Chateau, Inc., 2012 WL 987590 (S.D.N.Y. 2012); Engenium Solutions, Inc. v. Symphonic Technologies, Inc., 924 F. Supp. 2d 757 (S.D. Tex. 2013); and distinguished most negatively by Design Data Corporation v. Unigate Enterprise, Inc., 63 F. Supp. 3d 1062 (N.D. Cal. 2014). On the right side, you can see which headnotes are distinguished. All the cases distinguished Headnote 4 that states: “Copying of copyrighted work is de minimis,…

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