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Publish Georgia's State Laws, You'll Get Sued For Copyright and Lose (arstechnica.com)

Presto Vivace writes: If you want to read the official laws of the state of Georgia, it will cost you more than $1,000. Open-records activist Carl Malamud bought a hard copy, and it cost him $1,207.02 after shipping and taxes. A copy on CD was $1,259.41. The "good" news for Georgia residents is that they'll only have to pay $385.94 to buy a printed set from LexisNexis. Malamud thinks reading the law shouldn't cost anything. So a few years back, he scanned a copy of the state of Georgia's official laws, known as the Official Georgia Code Annotated, or OCGA. Malamud made USB drives with two copies on them, one scanned copy and another encoded in XML format. On May 30, 2013, Malamud sent the USB drives to the Georgia speaker of the House, David Ralson, and the state's legislative counsel, as well as other prominent Georgia lawyers and policymakers. Now, the case has concluded with U.S. District Judge Richard Story having published an opinion (PDF) that sides with the state of Georgia. The judge disagreed with Malamud's argument that the OCGA can't be copyrighted and also said Malamud's copying of the laws is not fair use. "The Copyright Act itself specifically lists 'annotations' in the works entitled to copyright protection," writes Story. "Defendant admits that annotations in an unofficial code would be copyrightable."

Slashdot reader Presto Vivace adds: "It could have been worse, at least he was not criminally charged liked Aaron Schwartz."

29 of 209 comments (clear)

  1. Ignorance of the law is no excuse by OrangeTide · · Score: 4, Interesting

    But do I have to obey laws that I cannot see?

    --
    “Common sense is not so common.” — Voltaire
    1. Re:Ignorance of the law is no excuse by Thelasko · · Score: 3, Interesting

      In the state of Georgia, it's a criminal offense to be poor. Don't believe me? Look it up... Don't have $1200? Off to jail with you!

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    2. Re:Ignorance of the law is no excuse by clovis · · Score: 2

      In the state of Georgia, it's a criminal offense to be poor. Don't believe me? Look it up... Don't have $1200? Off to jail with you!

      That's not true. Being poor is not a criminal offense in Georgia.
      Here's the official Georgia law, all of it:
      http://www.lexisnexis.com/hott...

    3. Re:Ignorance of the law is no excuse by Anonymous Coward · · Score: 4, Informative

      it sounds like the "annotations" are fundamental to the law itself and provided by the same legislative organs that made it in the first place.

      Annotations are basically collections of court cases, trials, history, and lawyers opinions.
      They are not necessary, but they do make arguing a case easier if you have them

      There are legal publishing services that make annotations for just about every court system there is. These annotations have been available since forever to lawyers for huge sums. Having these annotations make a lawyers job much easier because now someone else has done your research for you.
      However, annotations do not carry the force of law because the previous court cases often conflict with each other and may be decided differently in the future, and annotations will often not have the most recent decisions.

      Georgia hired a third party to create and maintain the annotations for Georgia law and add it to the official code as a favor to the people and screw the lawyers.
      But it cost boatloads of money to compile and maintain the annotations. How to pay for it? Give the LexisNexis sole publishing rights.
      Ga law mandated that the publisher maintain a free web site for the general public. I use it to check on stuff, and it works fine for me.

  2. Re:Huh? by LetterRip · · Score: 5, Insightful

    Aaron Schwartz is a sad case, but what does that have to do with copyrighting public law?

    He was publishing public records of cases, which is a similar nonsensical offense to publishing the law.

  3. Wait... bad summary? by Mark19960 · · Score: 5, Insightful

    Isn't the issue over the ANNOTATIONS and not the laws?
    What am I missing?

    1. Re:Wait... bad summary? by Daemonik · · Score: 2

      The annotations are notes by the writers of the law about what the law actually means and judicial decisions about the law. Without them the written law is barely useful.

      Like, in the US you have the right to free speech.. except it mostly only counts when dealing with the government, and doesn't protect you at all in some situations, etc.

    2. Re:Wait... bad summary? by dlleigh · · Score: 4, Interesting

      Copyrighting annotations is fine as long as they are truly commentary and have no legal force.

      If they do have any legal force, then that's a whole different story.

    3. Re:Wait... bad summary? by Anonymous Coward · · Score: 3, Interesting

      Isn't the issue over the ANNOTATIONS and not the laws?
      What am I missing?

      Maybe the state made it impossible to get a copy of the laws without the annotations?

      The official Georgia Code is the copyrighted code with the annotations. Anything without the annotations is unofficial.

    4. Re:Wait... bad summary? by harvey+the+nerd · · Score: 2

      Often times building, safety and various engineering codes are incorporated into various laws.

      The codes or guidelines are typically published by various private and professional groups at exorbitant prices. Then they are incorporated into the laws by reference.

    5. Re:Wait... bad summary? by Anonymous Coward · · Score: 2, Informative

      In GA, the 'law' is technically the annotations. Because as anyone who has studied law for at least one semester knows... what is written in law doesn't matter. What matters is how the law is interpreted and enforced based on: common law, precedent/case law, other court rulings/supreme court rulings.

      A couple states still have interracial sex/marriage as illegal on the books, but (I hope this is 'obviously') they are not enforceable because of SCOTUS rulings

    6. Re:Wait... bad summary? by Baloroth · · Score: 3, Informative

      The official Georgia Code is the copyrighted code with the annotations. Anything without the annotations is unofficial.

      They publish an official code with annotations, but the official statutory law with official numbering is available for free online (here). And the annotations (by law) do not carry the force of law (as that *would* make them uncopyrightable, as the linked decision points out). In short: the summary is not only clickbait, it's actually wrong. GA law is 100% completely free and available to all with no copyright restrictions.

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    7. Re:Wait... bad summary? by grep+-v+'.*'+* · · Score: 2

      Copyrighting annotations is fine as long as they are truly commentary and have no legal force. If they do have any legal force, then that's a whole different story.

      They don't have legal force -- they just tell you how to interpret the law as written. That's COMPLETELY different. </sarcasm>

      --
      If the universe is someone's simulation -- does that mean the stars are just stuck pixels?
    8. Re:Wait... bad summary? by AthanasiusKircher · · Score: 5, Informative

      And the annotations (by law) do not carry the force of law (as that *would* make them uncopyrightable, as the linked decision points out). In short: the summary is not only clickbait, it's actually wrong. GA law is 100% completely free and available to all with no copyright restrictions.

      In Georgia specifically, the situation is complicated and different from other states. (Even Wikipedia has a summary.)

      Basically, in most states (and for federal law), the "annotations" are compiled references to relevant court cases, other laws, parts of the legislative record related to the law, etc. In almost all cases these are compiled by private businesses and copyrighted, sold to attorneys as a helpful tool. They have no official standing.

      Georgia is different. The state of Georgia publishes an official set of annotations for its laws which apparently are maintained by the state (not a private business, as with most other annotated codes). Because of this official publication by the state government, Georgia case law frequently makes reference to the OFFICIAL annotations directly (since they are basically codified directly by the state), whereas in other states and for the federal government, you wouldn't reference the annotations directly (since they aren't official) -- you'd use the annotations to find references that you'd reference instead.

      Georgia is a special case here, and it could legitimately be argued that keeping the official codified annotations private is basically keeping a STATE CODIFIED DOCUMENT from the public, which is obviously helpful for people who want to research the law, represent themselves in court, etc. In other states, the annotations are clearly owned by private businesses who compile them. In Georgia, they are an essential part of the official codified law as distributed directly from the state government.

      So all those posts claiming this is "fake news" aren't quite right. It's true that you can get the text of Georgia statutes for free. But the state of Georgia here is also providing an official text that accompanies the code, but only for a fee. One could argue that, as an official state resource, it should be made accessible to the public too, like I always hear numerous Slashdot commenters bitching endlessly about how any scientific research with even a tiny percentage of government funding should have its results published freely and accessible for free.

      Where are all those Slashdot commenters here yelling about access to government-sponsored documents here?? Instead, we just seem to have a number of modded up comments claiming TFA is "fake news." Sure, there's an argument that the state should be able to copyright its publications, so it's not clear that they should necessarily make it available for free. But the situation in Georgia with the state law is different from most states, making TFA's description *not* a clear-cut case (for or against).

  4. Once again I'd like to remind America by rsilvergun · · Score: 5, Insightful

    you have a ruling class, you just don't like to acknowledge them. You'll never get rid of them ( wealth and privilege gains you entry and you're not getting rid of that any time soon) but there's a lot more you could do to reign them in if you'd stop pretending they don't exist.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Once again I'd like to remind America by Anonymous Coward · · Score: 5, Insightful

      I once again submit my petition for a +1 Depressing mod.

    2. Re:Once again I'd like to remind America by Rick+Schumann · · Score: 2, Insightful

      ..and I'd like to remind you (and them!) that we (U.S. citizens, that is) have guns, and you'll never get rid of them, either, so I'd recommend to them (shitty rich people who think they're better than everyone else and therefore should 'rule' us) that they tread lightly, lest something unfortunate has to occur. Not even a threat, just a simple statement of fact.

  5. OpenRecordsAct by sdinfoserv · · Score: 4, Interesting

    That would appear to be in violation of Georga's Open Records Act.
    http://legal.gatech.edu/sites/...

    1. Re:OpenRecordsAct by freeze128 · · Score: 2

      Wow. That's just too much for me to read. If only there were some annotations on it that would help me determine what it's trying to say...

  6. Re:Huh? by ShanghaiBill · · Score: 4, Insightful

    Aaron Schwartz is a sad case, but what does that have to do with copyrighting public law?

    TFA isn't about copyrighting public law either. It is about copyrighting ANNOTATIONS AND COMMENTARY. Fake news.

  7. Stop spreading BS. by thesupraman · · Score: 5, Insightful

    Great, care to point out where those laws are available freely WITHOUT those annotations?

    They are simply being used as a vector to allow copyright to be exercised on public information.
    Its exactly like adding a copyright page to the front of a public document, and claiming that page is copyright, therefore the whole document is.

    The fact is that a public of 'public servants' dont want the general public to have free access to the laws that govern them, and are willling to
    spend the publics money to protect the public from knowing their own laws.

    Nice, isnt it.

    1. Re:Stop spreading BS. by Baloroth · · Score: 5, Informative

      Great, care to point out where those laws are available freely WITHOUT those annotations?

      Yes, on the public website of the company that published the annotated texts. Here, to be incredibly specific.

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    2. Re:Stop spreading BS. by ShanghaiBill · · Score: 4, Informative

      That link goes to a blank page.

      The link works fine for me, although it takes about 15 seconds to load. Georgia law is also available for free at the Library of Congress website.

      Anyway, TFA is total baloney, and their main point that Georgia is using copyright to restrict access to their laws is false. The summary and headline are even worse. Fake news and garbage journalism, designed to manufacture outrage and generate clicks, rather than inform.

    3. Re:Stop spreading BS. by Anonymous Coward · · Score: 4, Insightful

      Sure. Easily found on the Internet without too much trouble:
      http://codes.findlaw.com/ga/

      The problems with laws is not that some states make it difficult to know all one should know, which is why hiring a good attorney is your first step, the problem is that there are so many laws, and most have some sort of penalty attached, that it is impossible to know all of them. They are innumerable. A illustrated guide to the law, drawn by a lawyer explains why:

      http://lawcomic.net/guide/?p=1031

      American has become over criminalized. Countless misdemeanors have been elevated to felonies, most with serious fines and jail time. It has been estimated that there are over 5,000 Federal statutory crimes and over 300,000 regulatory laws, and these estimates do not includes the laws and regulations by states and city governments. Today, truly, ignorance of the law is unavoidable. Everyone, at some point during each day, has committed a crime. The laws and regulations have made us all "law breakers".

    4. Re:Stop spreading BS. by Capsaicin · · Score: 2, Interesting

      The link works fine for me ...Georgia law is also available for free at the Library of Congress website [loc.gov].

      It links back to the same source. In any case the official version of legislation is, almost by definition, not "also available" elsewhere.

      Fake news and garbage journalism, designed to manufacture outrage and generate clicks, rather than inform.

      The claim being made is that the official version (i.e. the law) is the annotated version and that consequently you cannot freely access the actual legislation, such as it would be proper to rely on in court. Is that claim untrue?

      Additionally, were the claim true, there would also be the serious issue, raised by the promoted comment of ip_what to TFA, that this outsources to an un-elected and non-public body, and exclusive right to change the face of the official legislation of the state. Which would be rather worrying.

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
  8. Re:You and your guns by rossz · · Score: 2

    will last all of 5 minutes against a modern military.

    Vietnam and Afghanistan would like a word with you.

    --
    -- Will program for bandwidth
  9. Re:quick, post it here by amiga3D · · Score: 2

    It was originally supposed to take debtors as colonists and a few hundred were settled in Georgia. Most of the colonists however were tradesmen with skills. It seems the first Governor, General Oglethorpe, had ideas about how to establish a colony and he didn't really want a lot of losers with no skill set. He sold it as a buffer colony against Spaniards in Florida and the idea was to remove a lot of debtors from prisons in England and transplant them there. Oglethorpe was a cagey customer and basically performed a bait and switch on the King. If you look at Savannah, which he built, you'll see how it's all laid out, a planned city with parks and all. Really nice. The rest of the state has roads laid out by oxen and towns and cities that popped up willey nilly.

  10. Re:You and your guns by dwillden · · Score: 2

    The modern military that cannot operate within the US. The Modern Military that likely would stand with the public or at least would face a major split in forces as some do and others do not.

    Also Vietnam and Afghanistan would like to speak to you about armed citizens versus modern militaries. Oh and toss in that a large number of our citizens have extensive military training and are far more capable than the armed peasants of Vietnam and Afghanistan. In Vietnam the peasants tied up the US for over a decade, eventually forcing us to withdraw very demoralized. Afghanistan drove out the Russians, and then have kept us busy for well over a decade.

    And finally the grand total of our armed forces is 2.5 million. Add in roughly another million police officers. We have a population of 317+Million. It would not take a large percentage of citizens to totally overwhelm all our government forces.

    --
    I'm too lazy to compose a creative sig.
  11. Re: quick, post it here by Time_Ngler · · Score: 2

    It costs money to do anything legally. Even defending yourself I'm court requires time taken off of work and at least bus fair get to the court. A fee to the private companies to read the law is just on top of what one normally does to respect the judicial system.

    Besides which, think of the added benefit to the economy and additional tax revenue on this exchange which is used to help support public services from fire and police to public libraries, infrastructure and child protection services. Won't anyone think of the children?

    -- Your Congressional Representative and Public Servant