What is a Photocopier?

The New York Times is running this video, a dramatization of an actual legal deposition. The words are verbatim from the transcripts, but the actors were given license to perform them as they saw fit, so the video is not necessarily a true representation of what happened.

It’s a brilliant video that shows how much we rely on general categories and definitions when we speak and the pitfalls encountered when trying to pin a concept down precisely. Watch all the way to the end for a stunning demonstration of genericization of a trademark.

(Follow-up: According to Kevin Underhill of Lowering the Bar (a hilarious blog of legal humor, BTW), at issue in the case is whether copying onto a CD-ROM is “photocopying.” Ohio law allows the county clerk’s office to charge $2 per page for photocopies of public legal documents—pricey, but not totally unreasonable when you consider staffing costs. But the county clerk’s office took the position that it could charge $2 for each page of material copied onto a CD-ROM. One law firm saw its monthly bill for photocopies jump from around $1,000 to $100,000. Hence the man’s unwillingness to say what was meant by “photocopy.” If he gave the obvious answer, he’d be providing evidence against his employer and costing the county a boatload of money. But he didn’t want to look like an idiot either.)

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