Accused of ‘Terrorism’ for Putting Legal Materials Online – The New York Times

“Carl Malamud believes in open access to government records, and he has spent more than a decade putting them online. You might think states would welcome the help.

But when Mr. Malamud’s group posted the Official Code of Georgia Annotated, the state sued for copyright infringement. Providing public access to the state’s laws and related legal materials, Georgia’s lawyers said, was part of a “strategy of terrorism.”

A federal appeals court ruled against the state, which has asked the Supreme Court to step in. On Friday, in an unusual move, Mr. Malamud’s group, Public.Resource.Orgalso urged the court to hear the dispute, saying that the question of who owns the law is an urgent one, as about 20 other states have claimed that parts of similar annotated codes are copyrighted….”

Lawyers and law students’ signatures needed for Supreme Court amicus brief in favor of publishing the law / Boing Boing

“Attentive reader will note that rogue archivist Carl Malamud (previously) published the laws of Georgia — including the paywalled annotations to the state laws — in 2015, prompting the state to sue him and literally call him a terrorist; Malamud countersued in 2015 and won a huge victory in 2018, when the US Court of Appeals for the 11th Circuit ruled that the law could not be copyrighted.

Now, the State of Georgia wants to go to the Supreme Court to argue for its right to charge the people of Georgia to know which laws they are supposed to be following. There’s a lot at stake: Malamud has been threatened by Idaho, Oregon, Mississippi, and the District of Columbia for posting state laws and is being sued by six plaintiffs in DC for posting public safety laws, and has received a dozen more takedowns from Standards Development Organizations whose standards have been incorporated into state law.

Malamud and his counsel (Elizabeth Rader and Tom Goldstein and Eric Citron of Goldstein & Russell),are responding to Georgia’s petition and they are seeking amici: if you are a law student or practicioner they would like you to sign onto this amicus brief prepared by Jeff Pearlman by filling in this form….”

Lawyers and law students’ signatures needed for Supreme Court amicus brief in favor of publishing the law / Boing Boing

“Attentive reader will note that rogue archivist Carl Malamud (previously) published the laws of Georgia — including the paywalled annotations to the state laws — in 2015, prompting the state to sue him and literally call him a terrorist; Malamud countersued in 2015 and won a huge victory in 2018, when the US Court of Appeals for the 11th Circuit ruled that the law could not be copyrighted.

Now, the State of Georgia wants to go to the Supreme Court to argue for its right to charge the people of Georgia to know which laws they are supposed to be following. There’s a lot at stake: Malamud has been threatened by Idaho, Oregon, Mississippi, and the District of Columbia for posting state laws and is being sued by six plaintiffs in DC for posting public safety laws, and has received a dozen more takedowns from Standards Development Organizations whose standards have been incorporated into state law.

Malamud and his counsel (Elizabeth Rader and Tom Goldstein and Eric Citron of Goldstein & Russell),are responding to Georgia’s petition and they are seeking amici: if you are a law student or practicioner they would like you to sign onto this amicus brief prepared by Jeff Pearlman by filling in this form….”

Can the law be copyrighted? | TechCrunch

UpCodes wants to fix one of the building industry’s biggest headaches by streamlining code compliance. But the Y Combinator-backed startup now faces a copyright lawsuit filed against it by the International Code Council, the nonprofit organization that develops the code used or adopted in building regulations by all 50 states….

UpCodes’ first product, an online database, gives free access to codes, code updates and local amendments from 32 states, as well as New York City. For building professionals and others who want more advanced search tools and collaboration features, UpCodes sells individual and team subscriptions. In 2018, UpCodes released its second product, called UpCodes AI. Described as a “spellcheck for buildings,” the plug-in scans 3D models created with building information modeling (BIM) data and highlights potential errors in real time….

It argues that its use of building codes is covered by fair use. The ICC, on the other hand, claims that products like UpCodes’ database harm its ability to make revenue and continue developing code. The ICC wants UpCodes to take down the building code on which it claims copyright, and has also sued for damages….”

The Internet’s Own Instigator

“For the past 25 years or so, Carl Malamud’s lonely mission has been to seize on the internet’s potential for spreading information — public information that people have a right to see, hear, and read….

Indeed, Malamud has had remarkable success and true impact. If you have accessed EDGAR, the free Securities and Exchange Commission database of corporate information, you owe a debt to Malamud. Same with the database of patents, or the opinions of the US Court of Appeals. Without Malamud, the contents of the Federal Register might still cost $1,700 instead of nothing. If you have listened to a podcast, note that it was Carl Malamud who pioneered the idea of radio-like content on internet audio — in 1993. And so on. As much as any human being on the planet, this unassuming-looking proprietor of a one-man nonprofit — a bald, diminutive, bespectacled 57-year-old — has understood and exploited the net (and the power of the printed word, as well) for disseminating information for the public good….”