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Congress Wants To Let Private Companies Own The Law


It sounds absolutely batty that there is a strong, bipartisan push to lock up aspects of our law behind copyright. But it’s happening. Even worse, the push is on to include this effort to lock up t…

Four years ago, there was a big victory when the Supreme Court sided with Malamud in a similar (but not identical) case regarding how the state of Georgia published its laws. So they lobbied Congress to push this Pro Codes Act, which explicitly says that technical standards incorporated by reference retain copyright. It allows the law to be presented in different formats and systems and in ways that are actually useful to more people, rather than relying on the one single source (the one who often has incentives to make it limited and hard to access, buried behind questionable terms of service).

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