I don’t know how the state of Georgia got to this convoluted way of thinking, but they’re suing Carl Malamud and public.resource.org for copyright infringement because he had the audacity to try and make states’ laws freely and publicly accessible. Go ahead and read the law suit and see for yourself how twisted their legal argument is.
Two years ago, we wrote about the state of Georgia ridiculously threatening to sue Carl Malamud and his site Public.Resource.org for copyright infringement… for publishing an official annotated copy of the state’s laws. This followed on a similar threat from the state of Oregon, which wisely backed down. Malamud has spent the last few years of his life doing wonderful and important work trying to make sure that the laws that we live by are actually available to the public. The specific issue here is that while the basic Georgia legal code is available to the public, the state charges a lot of money for the “Official Code of Georgia Annotated.” The distinction here is fairly important — but it’s worth noting that the courts will regularly rely on the annotations in the official code, which more or less makes them a part of the law itself. And then, the question is whether or not the law itself should be subject to copyright restrictions. Malamud has long argued no, while the state has obviously argued yes, probably blinded by the revenue from selling its official copy of the annotated code.
It took two years, but the state has now done the absolutely ridiculous thing of suing Malamud. It is about as ridiculous as you would expect again focusing on the highly questionable claim that the Official Code of Georgia Annotated is covered by federal copyright law — and that not only was Malamud (*gasp*) distributing it, but also… creating derivative works! Oh no! And, he’s such an evil person that he was encouraging others to do so as well!
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