LSAT, Multistate Professional Responsibility Exam (MPRE)

Open Thread: Congrats on being done with the MPREAnd speaking of standardized tests...

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This past Saturday, many lawyers-to-be took the Multistate Professional Responsibility Examination. Congratulations on being done.

We don’t have a lot to say about the MPRE, but maybe you do. Per the requests of a few Above The Law readers, here is an open thread for rejoicing, frustration, and general comment.

So that this post is not completely devoid of news value, we shall include a little meditation on test preparation materials for standardized tests.

Once the tests that lead to law school admission and esquire-dom are done with, many people celebrate by sending their test prep materials to Craigslist heaven. But those with TestMasters LSAT prep books should exercise caution before doing this. One ATL reader writes:

My friend (who decided not to take the LSAT) posted an online ad on Craigslist to give away her TestMasters books. Below is the email she got in response. DMCA? Copyright infringement for giving away a book? How do you “violate the LSAC”?

I get the idea of protecting their trade secrets and breach of the enrollment agreement but can there be any merit to some of these other allegations? Also, does she really have to return the books? The shipping on these textbooks is substantial and these are still her books for which she paid.

Obviously, it’s not worth the hassle to contest this, but there’s no way TestMasters can get away with these claims. Seems like the LSAC would want to know that TestMasters intimidates their clients with trumped up criminal charges.

Check out the threat-laced e-mail from TestMasters, after the jump.

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This email from TestMasters is a whole lot of bark. But does anyone know if they’ve ever actually bitten by making good on these threats? Are other companies as proactive in protecting their intellectual property?

———- Forwarded message ———-

From: [Testmasters employee]

Date: Mon, Jan 26, 2009 at 9:28 AM

Subject: TestMasters Copyright Infringement

To:

TestMasters

January 26, 2009

Dear ,

We have evidence that you placed TestMasters books for sale on CraigsList, posting number . You enrolled in the TestMasters course in preparation for the June, 2007 LSAT exam. You signed an enrollment agreement which explicitly prohibits you from selling or making unauthorized use of TestMasters’ intellectual property which includes but is not limited to selling TestMasters’ intellectual property online. United States and international copyright and trademark laws protect the TestMasters course materials, and our copyright notice is clearly posted at the beginning and end of each of our books. Your actions constitute a breach of contract and breach of copyright law. You have breached TestMasters’ contract, you have violated TestMasters’ intellectual property rights, you have violated the Law School Admissions Council, and you have violated the Digital Millennium Copyright Act. By means of this letter we are putting you on notice that you must pull down your internet posting and return all TestMasters materials; one full set of course books, to our corporate office.

If we cannot reach a successful resolution, we will: 1) report your actions to the State Bar of California, and 2) consider filing a comprehensive lawsuit against you in federal court for a) fraud; b) copyright infringement; c) Lanham Act violations; d) trademark violations. If you would like to retain an attorney to represent you in this matter, please ask your attorney to contact me at the telephone number listed below. If you choose not to obtain legal representation and wish to contact me directly regarding this matter, you are also welcome to contact me at the telephone number listed below.

Please understand that we take violations of our intellectual property rights seriously. Only TestMasters students and employees have the legal right to possess or use our intellectual property. If we do not reach a final resolution of this matter within five business days, we will proceed with the actions specified above. At this time, I am requesting that you promptly return the set of TestMasters books to the TestMasters office via courier or certified mail and that you cease selling and posting our copyrighted intellectual property on the Internet.

Sincerely,

[Testmasters employee]

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