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Yes, all laws should be publicly accessible, but there are multiple ways legally to address the situation. You can just as equally say that the copyright is val
by pavon 3y ago
Yes, all laws should be publicly accessible, but there are multiple ways legally to address the situation. You can just as equally say that the copyright is valid and people are prohibited from sharing the incorporated code, but the state legislatures violated the constitution by making private laws and thus the laws are overturned.
- pixl97 3y agoOr you could look at the actual intent of copyright law in the first place and invalidate any copyright that becomes part of the encoded law. This then removes the burden from any individual that publishes the law, and forces the copyright holder losing their holding to fight the state.
- Gibbon1 3y agoI don't have time to pursue this. But I suspect that you could argue that a state doing this is violating the commerce clause. I feel like states can create some types of monopolies but not others. You can create a power monopoly, like I have to connect to PG&E's grid and pay them. But California can't pass a law giving Hasbro the sole right to sell toys in California.
- singleshot_ 3y agoIn law, I believe what this would violate is more properly known as the Dormant Commerce Clause, if you are interested in learning more.