Dangerous Precedent: State Of Georgia Copyrights Its Laws To Keep Citizens From Free Access

Dangerous Precedent: State Copyrights Its Laws To Keep Citizens From Free Access

By Jack Burns

Georgia — Carl Malamud is a law advocate, but not the kind who represents plaintiffs or defendants in a court of law. No, Malamud is a proponent for the free access to one’s ability to read the law. Sounds simple right? Unless you live in Georgia, that is.

Georgia has copyrighted its state law also known as the Official Code of Georgia Annotated (OCGA). The OCGA IS THE LAW in the State of Georgia. In fact, when bills are introduced in the Georgia State legislature, they seek to amend the OCGA. Sure! If you want to read Georgia law statutes, you can visit the State’s website (www.legis.ga.gov), and read a free copy of the abbreviated law, but you won’t be able to read the annotations which correspond with each state statute. And those annotations contain the court decisions and precedents which help to write the law.

In other words, the free copy isn’t the real deal and it isn’t complete enough for Malamud who believes everyone has a right to know the laws that govern one’s life.

Malamud recently picked a fight with the State of Georgia over its access to state law. He lost. But he’s appealing. Here’s how it went down. He ordered the complete copy of the OCGA from its contracted publisher, LexisNexis.

As Arstechnia.com reports, Open-records activist Carl Malamud bought a hard copy, and it cost him $1,207.02 after shipping and taxes. A copy on CD was $1,259.41. The “good” news for Georgia residents is that they’ll only have to pay $385.94 to buy a printed set from LexisNexis.

After obtaining the copy, he scanned it and sent it to various Georgia State legislators. After placing the scanned copies on a few USB drives, he mailed those copies to the “Georgia speaker of the House, David Ralson, and the state’s legislative counsel, as well as other prominent Georgia lawyers and policymakers,” and he uploaded the text to his website as well (Public.Resource.Org).

He also enclosed a letter stating the law cannot be copyrighted and wrote the following, “Access to the law is a fundamental aspect of our system of democracy, an essential element of due process, equal protection, and access to justice.” It didn’t take long for the lawmakers to respond, and Malamud received a Cease and Desist letter from GA State counsel.

Your unlawful copying Of The Official Code Of georgia Annotated Infringes on the exclusive copyright of the state of Georgia. Accordingly, you are hereby notified to CEASE AND DESIST ALL COPYRIGHT INFRINGEMENT

The State of Georgia gave him 10 days to destroy all the digital copies of the OCGA in his possession and remove those files from his website on the Internet. The two parties went to court over the matter and the judge ruled against the open records advocate. ARS wrote:

Now, the case has concluded with US District Judge Richard Story having published an opinion (PDF) that sides with the state of Georgia. The judge disagreed with Malamud’s argument that the OCGA can’t be copyrighted and also said Malamud’s copying of the laws is not fair use. “The Copyright Act itself specifically lists ‘annotations’ in the works entitled to copyright protection,” writes Story. “Defendant admits that annotations in an unofficial code would be copyrightable.”

But according to the Copyright Law, people are allowed to copy material to which they may not have reasonable access. But Judge Story did not allow Public.Resource.Org to use the fair use provisions of the law to provide a copy online to citizens.

“In the fair use analysis, the judge treated Public.Resource.Org harshly. Story made the extraordinary finding that Public.Resource.Org is engaged in ‘commercial’ copying despite being a nonprofit, stating that the organization ‘profits’ by ‘the attention, recognition, and contributions it receives in association with its copying and distributing the copyrighted OCGA annotations, and its use was neither nonprofit nor educational,’” writes ARS.

“The judge also found that the annotations ‘are original works entitled to broad copyright protection,’ and blasted Public.Resource.Org for having ‘misappropriated every single word of every annotation using a bulk industrial electronic scanner,’” the report concluded.

Malamud says he isn’t going to give up and will be appealing the judge’s ruling. He says the free copy the state provides doesn’t hold up in court. “Any lawyer would ignore this publication and any of its components at his or her peril,” he wrote adding, “No matter how you slice that cheese, it all looks the same. The Official Code of Georgia Annotated, every component of it, is the official law… Our publication of the Official Code of Georgia Annotated should be encouraged, not threatened.”

Jack Burns is an educator, journalist, investigative reporter, and advocate of natural medicine. This article first appeared here at TheFreeThoughtProject.com

Views: 106

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Doc Vega posted blog posts
yesterday
tjdavis posted a video

A Disturbing Pattern Happened Again... Explain This

#strange #video #strangevideos #scary #scaryvideos #creepy In this video we dig into strange, disturbing, and odd stories that sit just outside nor...
yesterday
Doc Vega posted a blog post

Halloween Story Number Three- “They Came from the Sky!"

 Werner was from Westphalia, Germany-the Northwest Region. He had been in America for a few months…See More
Wednesday
Sandy posted a video

🚨 THEY SILENCED HIM! Barrie Jennings' SHOCKING 9/11 Testimony… Then He MYSTERIOUSLY DIED! (RIP)

‼️ WARNING: This Story Will Make You Question Everything…Barry Jennings was a key witness to the UNEXPLAINED explosions inside WTC Building 7 on 9/11—long be...
Tuesday
cheeki kea commented on cheeki kea's photo
Thumbnail

message approved

"Yip damn right. t"
Tuesday
cheeki kea posted a photo
Tuesday
cheeki kea favorited Doc Vega's blog post The Fantasy Clown World I Wake Up to Everyday
Tuesday
tjdavis posted a video

NAZA Official Trailer | Mongrel Media

The trailer for NAZA, a new documentary from Yuval Abraham and Rachel Szor, two of the Oscar®-winning filmmakers behind NO OTHER LAND.Shot at night on the ro...
Sunday
Doc Vega posted blog posts
Oct 17
Sandy posted a video

Pentagon's LifeLog vs. Facebook: Same Day Shutdown? #shorts

LifeLog, the Pentagon's ambitious data collection program, was shut down by DARPA on February 4th, 2004. Coincidentally, Facebook was registered as a busines...
Oct 16
Doc Vega posted a blog post

The Fantasy Clown World I Wake Up to Everyday

 I never could have seen this coming before I was awakened by all the BS that I became aware of…See More
Oct 15
Doc Vega posted a blog post

Why Was the Movie “The Bedford Incident” Such a Threat?

 With wars looming in the Middle East and Vladimir Putin making more threats of using nuclear…See More
Oct 14
Doc Vega posted a blog post
Oct 13
tjdavis posted videos
Oct 12
cheeki kea commented on cheeki kea's photo
Thumbnail

Oil News ( not good )

"~ Amendment. New hope on the horizon. Quick updates. Diesel sanctions on Russia Lifted ! by…"
Oct 10
Doc Vega posted a blog post

The Death Doll-Halloween Story Two

 Retired Major Lionel Eldridge was browsing items in a bazaar of relics, antiques, and curios when…See More
Oct 9
cheeki kea commented on cheeki kea's photo
Thumbnail

TDS

"ps.. Does anyone think this mental illness is viral escaping beyond the boarders of the USA ?,…"
Oct 8
cheeki kea posted a photo
Oct 8
tjdavis posted a blog post
Oct 7
tjdavis posted a video

Cast a Giant Shadow (1966) - Trailer

Directed by: Melville ShavelsonYear: 1966Country: USAGenre(s): Drama, History, WarSYNOPSIS:In this fact-based film, distinguished U.S. Army Col. David Marcus...
Oct 7

© 2026   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted