4 ms·
You're probably referencing the Georgia situation,[0] and it's complicated. The actual text of the laws are public, but there exists a (previously; see below) c
by colejohnson66 3y ago
You're probably referencing the Georgia situation,[0] and it's complicated. The actual text of the laws are public, but there exists a (previously; see below) copyrighted annotated version published by a private company and "merged" into the "master" law. Courts would reference this annotated version, but because it was copyrighted, one could not republish it in its entirety, only in ways that followed fair use.
On the surface, the concept of copyrighted laws sounds ridiculous. After all, works of the government are not copyrightable, so why should the law be? However, Georgia's idea was essentially: because it was done by a private company, the copyright was enforceable.
In 2013, Public.Resource.Org challenged this concept by publishing the text in its entirety, and was subsequently sued by Georgia in 2015. The Northern District of Georgia ruled in favor of Georgia in 2017. After an appeal to the 11th Circuit, in 2018, it was overturned in favor of Public.Resource.Org. In 2020,[1] the Supreme Court sided with the 11th Circuit, ending the debacle. The ruling held that "works that lack the force of law, such as the annotations in the Official Code of Georgia Annotated" are uncopyrightable.
[0]: https://en.wikipedia.org/wiki/Official_Code_of_Georgia_Annotated https://en.wikipedia.org/wiki/Official_Code_of_Georgia_Annot...
[1]: https://en.wikipedia.org/wiki/Georgia_v._Public.Resource.Org,_Inc https://en.wikipedia.org/wiki/Georgia_v._Public.Resource.Org....
- robertlagrant 3y ago"Ignorance of the law is not an excuse" is already bad enough. "Ignorance of the stuff we wrote down near the law that we'll basically treat as the golden interpretation of the law and judge you on it" is a bridge too far.
- lazyasciiart 3y agoMinor but important correction: it did not find that "works that lack the force of law" are uncopyrightable per se. It found that works created by or for legislators with "legislative authority" are uncopyrightable, even if they lack the force of law.
- colejohnson66 3y agoYes. I truncated the quote in a bad spot. Thanks for the correction!
- alwayslikethis 3y agoThank you for the explanation. I remember vaguely hearing it somewhere but couldn't find it again.