City Laws Only Available Via $200 License
MrLint writes "The City of Schenectady has decided that their laws are copyrighted, and that you cannot know them without paying for an 'exclusive license' for $200. This is not a first — Oregon has claimed publishing of laws online is a copyright violation." This case is nuanced. The city has contracted with a private company to convert and encode its laws so they can be made available on the Web for free. While the company works on this project, it considers the electronic versions of the laws its property and offers a CD version, bundled with its software, for $200. The man who requested a copy of the laws plans to appeal.
Here's what the United States Court of Appeals for the Fifth Circuit has said about Schenectady's brain-dead legal position:
"For these reasons, we reject SBCCI's deconstruction of Banks into merely utilitarian and factual issues. Instead, we read Banks, Wheaton, and related cases consistently to enunciate the principle that "the law," whether it has its source in judicial opinions or statutes, ordinances or regulations, is not subject to federal copyright law."
Veeck v. Southern Bldg. Code Congress Intern., Inc.
293 F.3d 791
C.A.5 (Tex.),2002
That doesn't make charging to know the law legitimate.
The point is that they're not charging to know the law. According to TFA, you can read the law "at the Schenectady Public Library, Schenectady County Supreme Court Library, the Schenectady County Community College Library and several other locations". And as of next year you'll be able to read and search the law online for free. In the meantime, if you want a copy to take home, you have to pay for it.
"You cannot simultaneously prevent and prepare for war." -- Albert Einstein