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Sued for copyright infringement for putting legal materials online

nytimes.com

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Re: Sued for copyright infringement for putting legal materials online

#181
post #33

Earlier quoted context omitted.

This is indeed a problem, but doesn't appear to be the issue in this case. In a sense, this is the opposite. It's more like: The law says: pressure vessels must be pretty sturdy even when really hot. A standard comes along and proclaims to abide by said law, while fleshing out the details of how sturdy and how hot. Lawyers and judges then make reference to it as what the law always meant, and effectively give it lega…

There should be a difference. If I show my pressure vessel fits the standard the court can accept that under the assumption that the standard is good. Or I can go back to first principals of engineering and show the court that my vessel is correct.

> show the court that my vessel is correct.

There isn't always a "correct" in any way you can prove. Often you just have norms.

If someone heats the vessel up to an arbitrary temperature X, and it explodes, yet the standard which everyone except you followed said it must withstand arbitrary temperature Y, then the court may be inclined to ignore your arguments that temperature X was good enough.

Rather than being something you can derive from nature, laws and standards often contain arbitrary values which take into account margins for human error or other "reasonable" measures.

In this way, norms gain legal power.

Re: Sued for copyright infringement for putting legal materials online

#182
post #27

Earlier quoted context omitted.

I'm not sure on which law this whole fad is based on. Is it an old law? > [...] The last time the Supreme Court addressed the matter, in 1888, it ruled that “the whole work done by the judges constitutes the authentic exposition and interpretation of the law, which, binding every citizen, is free for publication to all.” A solution to how ridiculous old laws are is automatically expire them. That way, the politicians…

> A solution to how ridiculous old laws are is automatically expire them This sort of legal amnesia has major drawbacks. Hand politicians the opportunity to make crisis and they'll take advantage of it. Do we really want debt-limit style brinksmanship around murder statutes? Moreover, cleanly sunsetting laws within our common law system is hard. Case law builds on statute. Regularly wiping away vast portions of case…

There was one old norse system I recall reading about which worked well for it - they had periodic "readings of the laws" before a broad assembly. If it went forgotten it was autorepealed as irrelevant. If anyone spoke up with a reminder it would be included until the next cycle.

Of course with neccessary complexity so high today that wouldn't be that workable - every individual EPA regulation may be important but only come up to specific subsets.

The closest thing I could see as viable would involve Cryptography and standard law files as the mode of distribution and a server which accepts uploads of valid laws - which could be defaulted to "one person with another server ensures everything remains in force".

Re: Sued for copyright infringement for putting legal materials online

#183
post #14

The Republic of Georgia claims that the legal code establishing the rights and obligations of its citizens (including annotations commissioned and approved by the state) should not be freely available to its citizens or anyone else, because it is copyrighted by the state. According to the article, 20 other states around the world are making similar copyright claims. The written laws of a state (along with annotations…

> The Republic of Georgia What is this?

I understood it to mean the independent country rather than the US state. Apparently the opposite was meant.

Re: Sued for copyright infringement for putting legal materials online

#184
post #177
post #19

Earlier quoted context omitted.

It technically isn't. The annotations in question are expert's analyses of the law, approved by the state. The defendant was told he could publish the actual law, and his own analysis. However it gets really murky when “Georgia’s courts have cited to the annotations as authoritative sources on statutory meaning and legislative intent.” I can see the argument against this being freely publishable. If I wrote a textboo…

> I can see the argument against this being freely publishable. If I wrote a textbook which explains some badly written and archaic laws really well, and lawyers and judges started to look to it as the de facto law, should that void my copyright? I would expect any reasonable government to do one of: - Write their own, non-copyrighted version of the law in question. - Pay you decent amout of money and become copyrigh…

> either something is codified in form of (non-copyrtightable) parlimentary bill or executive order, or is not a law at all.

This isn't effectively true in practise. While there is no foundation of stare decisis in Civil law, there is the commonly recognised concept of jurisprudence constante (stable law). That is: judges will often look to precedent in making decisions, but are not bound by it. A pattern of past decisions will often be highly persuasive because there is interest in not interpreting the law arbitrarily, and courts tend not to want to make a decision they expect will be overturned on appeal.

Re: Sued for copyright infringement for putting legal materials online

#185

Earlier quoted context omitted.

This is not a "rare case" at all. Judicial opinions frequently cite private materials such as the Restatements, law review articles, Black's Law Dictionary, paywalled scientific literature, and so on.

Are the Restatements, law review articles, Black's Law Dictionary and the paywalled scientific literature cited then 'de facto law'?

The Restatements and Black's are, yes. Law review articles - maybe, depending on context. Scientific understanding rarely gets encoded in the law as such, but see Roe v. Wade as an example - the trimester-based legal framework has given legal effect to a particular understanding of fetal viability.

Side-note: I don't really care that my above post has been downvoted, but it seems pretty counter-productive to the HN cultural goal of intellectual discourse for people to downvote input from actual practitioners in the field just because they don't like the answer.

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