Free the California Jury Instructions: Call for Legal Practitioner, Law Professor and Law Librarian Support for a California Rule Change Proposal

“We at the Samuelson Law, Technology & Public Policy Clinic at the University of California, Berkeley, School of Law are representing Public.Resource.Org in a petition to the Judicial Council of California to clarify that California’s jury instructions are in the public domain and free for public use. We’re requesting support for the petition from legal practitioners, law professors and law librarians. Please consider signing the statement below; thank you!

Your name, title, and institutional affiliation will accompany the below statement as a signatory. Your affiliation is for identification purposes only; we will make clear that it does not imply endorsement by your firm, law school, or other institution….”

Prof. Lawrence Lessig – JurOA 2021 Interview – YouTube

“Interview mit Prof. Lawrence Lessig zum Thema “Open Access für die Rechtswissenschaft”….

“The most important thing that can happen is that young people begin to rally together to say to their professors: What the hell are you doing? Why would you support a system that assures the developing world does not have access to information? Why don’t you make a commitment to publishing your work in a way that guarantees access by everybody? And if you don’t believe there should be access by everybody, then defend that principle. We shouldn’t allow the laziness of the ways things have been to block this fundamental opportunity we have right now to build an infrastructure of open access that guarantees that information and science and knowledge can be spread broadly and cheaply.”

A court decision in favor of startup UpCodes may help shape open access to the law | TechCrunch

“For the past three years, UpCodes and its founders have been entangled in a copyright lawsuit filed by the International Code Council (ICC). Though both focus on the building industry (specifically, the codes architects and builders need to follow), the lawsuit deals with an issue that has wider ramifications: Is it possible to copyright the law, or text that carries the weight of the law?

Founded in 2016 and backed by investors including Y Combinator, UpCodes  offers two main products, a database of state building codes that is available on a freemium basis, and UpCodes AI, which scans 3D building models for potential code violations. UpCodes’ building code database is at the center of the lawsuit, because it contains material on which the ICC claims copyright. UpCodes says its software simplifies the complex and often expensive process of code compliance, one of the most important parts of the building process. But the ICC, the nonprofit organization that develops the model code used or adopted for building regulations by all 50 states, claims UpCodes impacts its ability to make revenue and continue authoring new code.

In May, UpCodes won a major decision in the case when United States District Judge Victor Marrero ruled that its posting of building codes was covered by public domain and fair use (a copy of Marrero’s ruling is embedded below)….”

Education Groups Drop Their Lawsuit Against Public.Resource.Org, Give Up Their Quest to Paywall the Law

“This week, open and equitable access to the law got a bit closer. For many years, EFF, along with co-counsel at Fenwick & West and attorney David Halperin, has defended Public.Resource.Org in its quest to improve public access to the law — including standards, like the National Electrical Code, that legislators and agencies have made into binding regulations. In two companion lawsuits, six standards development organizations sued Public Resource in 2013 for posting standards online. They accused Public Resource of copyright infringement and demanded the right to keep the law behind paywalls.

Yesterday, three of those organizations dropped their suit. The American Educational Research Association (AERA), the National Council on Measurement in Education (NCME), and the American Psychological Association (APA) publish a standard for writing and administering tests. The standard is widely used in education and employment contexts, and several U.S. federal and state government agencies have incorporated it into their laws….”

Native American Treaties Now Online for the First Time | National Archives

“Hundreds of Native American treaties have been scanned and are freely available online, for the first time, through the National Archives Catalog. Also, in partnership with The Museum of Indian Arts and Culture (MIAC), these treaties and extensive additional historical and contextual information are available through Treaties Explorer  (or DigiTreaties). …”

Official Code of Georgia Annotated now a Github Repo | Boing Boing

“You might think a Supreme Court ruling in our favor would be enough to get governments to change their tune, but Georgia hasn’t done a thing, nor have other states that try and build walls around their laws. The State doesn’t publish their code, and the awful site they refer you to is run by Lexis, only provides the unannotated unofficial code of Georgia, and subjects you to onerous terms of use, an awful design, and a total lack of respect for laws that mandate access to the visually impaired. which Public Resource is spending thousands of dollars per year with the official vendor to get copies of the laws of Georgia, Mississippi, and a handful of other states. Georgia alone is costing us $1,324 per year!

 

What we get for our yearly subscription is a quarterly CD-ROM for each state that only runs on Windows. You can, with some difficulty, export the titles of the code as Microsoft Word files in .rtf format. Well, we now have 8 quarterly releases of code extracted as .rtf files and hosted on the Internet Archive, with transformations to Open Document format. These .rtf files are not the greatest. Any links have been removed and there is no structure—lists, for example, are not lists, just ordinary paragraphs.

Today, I am delighted to announce that we’ve taken the next step. Working with my friends at Unicourt and their crack engineering team in Mangaluru, India, we’re releasing today a github repository that transforms those .rtf files into beautiful html. The RTF parser is the code that does the transformation. It puts structure, metadata, and accessibility back to the code. Any pointers to other code sections are marked, tables of contents now work properly, and we’ve tagged references to other resources such as the U.S. Code, Code of Federal Regulations, and other federal and state materials so that over time these will become more and more useful. A second github repository holds the Georgia transforms and over the next year, we’re going to be adding Arkansas, Colorado, Kentucky, Mississippi, and Tennessee. We’re also hoping to add an xml diff capability, so we can generate redlines. If you just want to browse the html files, you can also view them on the Internet Archive. For example, here is Title 1 of the OCGA, current as of August, 2020. Just for good measure, we also added opinions of the Attorney General and the court rules….”

New Bill Calls For An End To PACER Fees, Complete Overhaul Of The Outdated System | Techdirt

“The perennial make-PACER-free legislation has arrived. If you’re not familiar with PACER, count yourself among the lucky ones. PACER performs an essential task: it provides electronic access to federal court dockets and documents. That’s all it does and it barely does it.

PACER charges taxpayers (who’ve already paid taxes to fund the federal court system) $0.10/page for EVERYTHING. Dockets? $0.10/page. (And that “page” is very loosely defined.) Every document is $0.10/page, as though the court system was running a copier and chewing up expensive toner. So is every search result page, even those that fail to find any responsive results. The user interface would barely have been considered “friendly” 30 years ago, never mind in the year of our lord two thousand twenty. Paying $0.10/page for everything while attempting to navigate an counterintuitive interface draped over something that looks like it’s being hosted by Angelfire is no one’s idea of a nostalgic good time.

Legislation attempting to make PACER access free was initiated in 2018. And again in 2019. We’re still paying for access, thanks to the inability of legislators to get these passed. Maybe this is the year it happens, what with a bunch of courtroom precedent being built up suggesting some illegal use of PACER fees by the US Courts system. We’ll see. Here’s what’s on tap for this year’s legislative session: …”

Enabling complete PACER RSS feeds in the Eastern District of California

“We are writing to urge the District Court for the Eastern District of California to fully enable an existing feature of the PACER system: RSS feeds of all recent cases and filings in your jurisdiction. I am the executive director of Free Law Project, a 501(c)(3) non-profit organization in Oakland, California that works to make the U.S. legal system more fair and efficient. I am writing on behalf of a broad coalition of individuals and organizations that believe enabling this simple feature is important to transparency and public understanding of court activity….” 

Circuit Panel Rebuffs Judiciary on Excessive PACER Fees

“The federal judiciary cannot fund its pick of courtroom technologies with the fees drawn in by a system that makes court records publicly available, an appellate panel ruled Thursday. 

PACER, short for Public Access to Court Electronic Records, was created over 30 years ago to just what its name suggests, charging 10 cents per page, or $3 per item, since its last fee hike in 2012….”