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	<title>Comments on: Oregon: our laws are copyrighted and you can&#039;t publish&#160;them</title>
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	<item>
		<title>By: Kaiguy</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166918</link>
		<dc:creator>Kaiguy</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166918</guid>
		<description>To everyone who commented angrily without reading the cease and desist letter (amazing the things you can learn in five minutes or less) they are not claiming copyright on the law itself.  What they are claiming copyright on is the tables, annotations, line number, etc. - essentially the entire formatting - which Justia is displaying and not providing credit for.

Furthermore, they claim that Justia is displaying their own copyright on each of the pages in question.

While I agree it is slightly silly, their argument is as sound as the copyright in my Complete Pelican Shakespeare - Shakespeare is public domain, and if I want a copyright free version, I can go to the First Folio, and edit one myself.

Also worth pointing out that they have no problem with Justia linking to their pages, just failing to give credit.</description>
		<content:encoded><![CDATA[<p>To everyone who commented angrily without reading the cease and desist letter (amazing the things you can learn in five minutes or less) they are not claiming copyright on the law itself.  What they are claiming copyright on is the tables, annotations, line number, etc. &#8211; essentially the entire formatting &#8211; which Justia is displaying and not providing credit for.</p>
<p>Furthermore, they claim that Justia is displaying their own copyright on each of the pages in question.</p>
<p>While I agree it is slightly silly, their argument is as sound as the copyright in my Complete Pelican Shakespeare &#8211; Shakespeare is public domain, and if I want a copyright free version, I can go to the First Folio, and edit one myself.</p>
<p>Also worth pointing out that they have no problem with Justia linking to their pages, just failing to give credit.</p>
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		<title>By: Keneke</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166408</link>
		<dc:creator>Keneke</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166408</guid>
		<description>Five hundred thousand HTML errors? I&#039;m skeptical on that little tidbit. Maybe it&#039;s just 50 errors repeated 10,000 times within a php or frames background? Maybe it&#039;s a programmer who doesn&#039;t close their {p}&#039;s? What are we talking about here?</description>
		<content:encoded><![CDATA[<p>Five hundred thousand HTML errors? I&#8217;m skeptical on that little tidbit. Maybe it&#8217;s just 50 errors repeated 10,000 times within a php or frames background? Maybe it&#8217;s a programmer who doesn&#8217;t close their {p}&#8217;s? What are we talking about here?</p>
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	<item>
		<title>By: gmcmullen</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166409</link>
		<dc:creator>gmcmullen</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166409</guid>
		<description>British Columbia is guilty of this, too. Up to date consolidations of statute are only available through the Queen&#039;s Printer&#039;s web store called QPLegalEze:

http://www.qplegaleze.ca/default.htm

&quot;Why is there a cost for legislation?

British Columbia Queenâ€™s Printer is a fully cost-recoverable operation and provides products/services on a user pay basis.&quot;</description>
		<content:encoded><![CDATA[<p>British Columbia is guilty of this, too. Up to date consolidations of statute are only available through the Queen&#8217;s Printer&#8217;s web store called QPLegalEze:</p>
<p><a href="http://www.qplegaleze.ca/default.htm" rel="nofollow">http://www.qplegaleze.ca/default.htm</a></p>
<p>&#8220;Why is there a cost for legislation?</p>
<p>British Columbia Queenâ€™s Printer is a fully cost-recoverable operation and provides products/services on a user pay basis.&#8221;</p>
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	<item>
		<title>By: punktlich</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-176148</link>
		<dc:creator>punktlich</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-176148</guid>
		<description>Another point: as to the claim of copyright over numbering and typesetting, that was seemigly decided, at least in the Second Circuit, by  Matthew Bender v. West Pub. Co., 158 F.3d 674 (2d Cir. 1998) (arrangement of cases not subject to copyright); 158 F.3d 693 (2d Cir. 1998), cert. denied, 119 S.Ct. 2039 (1999) (&quot;star pagination&quot;).

llrx.com has a series of essays on the history of jurisline.com and its attempts to defeat Mead Data Central&#039;s intellectual property rights. In the end the Jurisline case was decided on the basis of contract rights. Wikileaks is a better example: once the digitized data are online and free of access controls they cannot be recaptured. Likewise, The Memory Hole, Usenet news groups and all those other anarchic and chaotic repositories for data.</description>
		<content:encoded><![CDATA[<p>Another point: as to the claim of copyright over numbering and typesetting, that was seemigly decided, at least in the Second Circuit, by  Matthew Bender v. West Pub. Co., 158 F.3d 674 (2d Cir. 1998) (arrangement of cases not subject to copyright); 158 F.3d 693 (2d Cir. 1998), cert. denied, 119 S.Ct. 2039 (1999) (&#8220;star pagination&#8221;).</p>
<p>llrx.com has a series of essays on the history of jurisline.com and its attempts to defeat Mead Data Central&#8217;s intellectual property rights. In the end the Jurisline case was decided on the basis of contract rights. Wikileaks is a better example: once the digitized data are online and free of access controls they cannot be recaptured. Likewise, The Memory Hole, Usenet news groups and all those other anarchic and chaotic repositories for data.</p>
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		<title>By: alphanon</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166169</link>
		<dc:creator>alphanon</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166169</guid>
		<description>Just put them up on The Pirate Bay, let the Legislative Counsel duke it out with the Swede&#039;s for the right to publish our laws..</description>
		<content:encoded><![CDATA[<p>Just put them up on The Pirate Bay, let the Legislative Counsel duke it out with the Swede&#8217;s for the right to publish our laws..</p>
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		<title>By: Johnny One Spur</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166185</link>
		<dc:creator>Johnny One Spur</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166185</guid>
		<description>I dunno...to me, the letter from Oregon to Justia doesn&#039;t sound as bad as Justia&#039;s making it sound. The letter says that while they don&#039;t own copyright on the text itself, they do have copyright on the explanatory notes, annotations, etc.. Oregon also claims that though they have the copyright on that part of the material, Justia doesn&#039;t include that in their posting (as far as I can see on the Justia site, they don&#039;t). Finally, they claim that on the Justia website, there&#039;s a copyright notice saying &quot;Copyright (c) Justia&quot;, which is also true, though I don&#039;t know if a copyright at the bottom of a page means they&#039;re copyrighting all the documents on a page (including the Oregon laws) or just the page itself. Finally, Oregon welcomes Justia linking directly to the Oregon statutes (wouldn&#039;t that solve the accuracy issue?) or just getting a license. I don&#039;t anything about copyright law, but Oregon&#039;s letter doesn&#039;t seem as evil and douchbaggy as the post made it sound... </description>
		<content:encoded><![CDATA[<p>I dunno&#8230;to me, the letter from Oregon to Justia doesn&#8217;t sound as bad as Justia&#8217;s making it sound. The letter says that while they don&#8217;t own copyright on the text itself, they do have copyright on the explanatory notes, annotations, etc.. Oregon also claims that though they have the copyright on that part of the material, Justia doesn&#8217;t include that in their posting (as far as I can see on the Justia site, they don&#8217;t). Finally, they claim that on the Justia website, there&#8217;s a copyright notice saying &#8220;Copyright (c) Justia&#8221;, which is also true, though I don&#8217;t know if a copyright at the bottom of a page means they&#8217;re copyrighting all the documents on a page (including the Oregon laws) or just the page itself. Finally, Oregon welcomes Justia linking directly to the Oregon statutes (wouldn&#8217;t that solve the accuracy issue?) or just getting a license. I don&#8217;t anything about copyright law, but Oregon&#8217;s letter doesn&#8217;t seem as evil and douchbaggy as the post made it sound&#8230; </p>
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		<title>By: datavortex</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-177449</link>
		<dc:creator>datavortex</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-177449</guid>
		<description>#10 - you are 100% correct.  This is yet another piece of evidence that we&#039;ve headed too far, way too far down the path to authoritarianism for a peaceful resolution.  Every day there is another tiny bit of proof, like this story, of how far we have fallen.

Buy ammo.  Bide your time.  Remember that these leaders responsible for this type of thing made their own bed.  Civil war, and the killing those who enact policies like these is not universally wrong.  Sometimes it is the only choice you are left with.</description>
		<content:encoded><![CDATA[<p>#10 &#8211; you are 100% correct.  This is yet another piece of evidence that we&#8217;ve headed too far, way too far down the path to authoritarianism for a peaceful resolution.  Every day there is another tiny bit of proof, like this story, of how far we have fallen.</p>
<p>Buy ammo.  Bide your time.  Remember that these leaders responsible for this type of thing made their own bed.  Civil war, and the killing those who enact policies like these is not universally wrong.  Sometimes it is the only choice you are left with.</p>
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		<title>By: belldl</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166192</link>
		<dc:creator>belldl</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166192</guid>
		<description>#26 - I just RTFA as the slashdotters say, and yeah, this isn&#039;t half as bad as the BoingBoing lead made it out to be - in fact the headline is flat out wrong.  Oregon is not claiming copyright in the statute, they&#039;re claiming it in the &#039;extras&#039; which are not part of the law itself - selling those extras are probably what finances the work of the Committee; and Justia is apparently slapping their own (C) on it.  Sheesh.</description>
		<content:encoded><![CDATA[<p>#26 &#8211; I just RTFA as the slashdotters say, and yeah, this isn&#8217;t half as bad as the BoingBoing lead made it out to be &#8211; in fact the headline is flat out wrong.  Oregon is not claiming copyright in the statute, they&#8217;re claiming it in the &#8216;extras&#8217; which are not part of the law itself &#8211; selling those extras are probably what finances the work of the Committee; and Justia is apparently slapping their own (C) on it.  Sheesh.</p>
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		<title>By: Takuan</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166199</link>
		<dc:creator>Takuan</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166199</guid>
		<description>whatever. The principle of the thing is that government has an obligation, a duty, to make law plain and accessible.  Anything whatsoever that goes even faintly in the other direction should be mercilessly crushed.</description>
		<content:encoded><![CDATA[<p>whatever. The principle of the thing is that government has an obligation, a duty, to make law plain and accessible.  Anything whatsoever that goes even faintly in the other direction should be mercilessly crushed.</p>
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		<title>By: trr</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166465</link>
		<dc:creator>trr</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166465</guid>
		<description>&quot;Oregon claims copyright over the typesetting and numbering of the laws rather than the actual text of the laws themselves.&quot;

So the simple solution is to use a scanner and OCR software and change the typesetting?

The numbering? How can I say &quot;You&#039;re in violation of ORS 3.11.2a Paragraph305&quot; or whatever without using the numbering?

Oregon is often just silly.</description>
		<content:encoded><![CDATA[<p>&#8220;Oregon claims copyright over the typesetting and numbering of the laws rather than the actual text of the laws themselves.&#8221;</p>
<p>So the simple solution is to use a scanner and OCR software and change the typesetting?</p>
<p>The numbering? How can I say &#8220;You&#8217;re in violation of ORS 3.11.2a Paragraph305&#8243; or whatever without using the numbering?</p>
<p>Oregon is often just silly.</p>
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		<title>By: Nick D</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-167237</link>
		<dc:creator>Nick D</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-167237</guid>
		<description>Kaiguy:

If you had bothered to read the above comments carefully, you&#039;d see that your comment merely replicated comments already made.

But by all means, feel free to call us all uninformed hysterics who don&#039;t bother to do our homework. 

Put down the editors of the blog while you&#039;re at it, too.</description>
		<content:encoded><![CDATA[<p>Kaiguy:</p>
<p>If you had bothered to read the above comments carefully, you&#8217;d see that your comment merely replicated comments already made.</p>
<p>But by all means, feel free to call us all uninformed hysterics who don&#8217;t bother to do our homework. </p>
<p>Put down the editors of the blog while you&#8217;re at it, too.</p>
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		<title>By: punktlich</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-175437</link>
		<dc:creator>punktlich</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-175437</guid>
		<description>Numerous jurisdictions copyright their laws and often their court opinions too. In a few cases (England comes to mind) this has traditionally as much been to make them a profit center as anything else. In most -- and until now all U.S. -- jurisdictions it has been to give the authorities the power to restrain doctored or incorrect copies.

With the coming of the Internet and the impossibility of restraining online publication in various jurisdictions (think of thepiratebay.org in Sweden; or a number of Web sites in unreocgnized states like the Turkish Republic of Northern Cyprus; or the farcical injunction issued against wikileaks.org when mirror sites around the world held the same data) either kind of restraint is impossible. 

Oregon is blowing smoke. They haven&#039;t the resourdes of the RIAA the Business Software 
Alliance, and all thsoe other industry-sponsored litigators; how can they hope to be more successful? P2P and foreign IP&#039;s and the dictum of Lord Mansfield&#039;s Rule assure that they are doomed to fail. Ignominously.
</description>
		<content:encoded><![CDATA[<p>Numerous jurisdictions copyright their laws and often their court opinions too. In a few cases (England comes to mind) this has traditionally as much been to make them a profit center as anything else. In most &#8212; and until now all U.S. &#8212; jurisdictions it has been to give the authorities the power to restrain doctored or incorrect copies.</p>
<p>With the coming of the Internet and the impossibility of restraining online publication in various jurisdictions (think of thepiratebay.org in Sweden; or a number of Web sites in unreocgnized states like the Turkish Republic of Northern Cyprus; or the farcical injunction issued against wikileaks.org when mirror sites around the world held the same data) either kind of restraint is impossible. </p>
<p>Oregon is blowing smoke. They haven&#8217;t the resourdes of the RIAA the Business Software<br />
Alliance, and all thsoe other industry-sponsored litigators; how can they hope to be more successful? P2P and foreign IP&#8217;s and the dictum of Lord Mansfield&#8217;s Rule assure that they are doomed to fail. Ignominously.</p>
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		<title>By: Carmen</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166493</link>
		<dc:creator>Carmen</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166493</guid>
		<description>CONSIDERING THAT OREGON HAS LAWS FOR PHYSICIAN ASSISTED SUICIDE AND MEDICAL MARIJUANA I&#039;M NOT SURPRISED THAT THEY WOULD JUMP ON PEOPLE OVER THEIR COPY WRITTEN LAWS.</description>
		<content:encoded><![CDATA[<p>CONSIDERING THAT OREGON HAS LAWS FOR PHYSICIAN ASSISTED SUICIDE AND MEDICAL MARIJUANA I&#8217;M NOT SURPRISED THAT THEY WOULD JUMP ON PEOPLE OVER THEIR COPY WRITTEN LAWS.</p>
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		<title>By: Nick D</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-165983</link>
		<dc:creator>Nick D</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-165983</guid>
		<description>What a bunch of &lt;I&gt;douchebags.&lt;/I&gt;

Cases like these, IMO, are perfect examples of the consumerism parasite sucking on the civic body.

No, Oregon, you are not a corporation, and your citizens are not consumers of law statutes. And you do not have the right to make taxpayers fund legislation and then try to sell it back to them for a fee. And I know that&#039;s what you&#039;re shyster lawyers are pushing for - no offense to the honest lawyers out there.</description>
		<content:encoded><![CDATA[<p>What a bunch of <i>douchebags.</i></p>
<p>Cases like these, IMO, are perfect examples of the consumerism parasite sucking on the civic body.</p>
<p>No, Oregon, you are not a corporation, and your citizens are not consumers of law statutes. And you do not have the right to make taxpayers fund legislation and then try to sell it back to them for a fee. And I know that&#8217;s what you&#8217;re shyster lawyers are pushing for &#8211; no offense to the honest lawyers out there.</p>
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	<item>
		<title>By: boyvbar</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-167007</link>
		<dc:creator>boyvbar</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-167007</guid>
		<description>Now here&#039;s a hilarious concept: 

What will Oregon do if the Supreme Court decides an issue based solely upon Federal law instead of State law grounds because LEGALLY the Supreme Court was unable to legally gain access to the laws of Oregon? 

It&#039;s a kind of Rhenquisty way to turn state sovereignty on its head.  

:) </description>
		<content:encoded><![CDATA[<p>Now here&#8217;s a hilarious concept: </p>
<p>What will Oregon do if the Supreme Court decides an issue based solely upon Federal law instead of State law grounds because LEGALLY the Supreme Court was unable to legally gain access to the laws of Oregon? </p>
<p>It&#8217;s a kind of Rhenquisty way to turn state sovereignty on its head.  </p>
<p>:) </p>
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	<item>
		<title>By: Nick D</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166504</link>
		<dc:creator>Nick D</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166504</guid>
		<description>Charles Guarino:

Saying that I slagged off all lawyers just shows you didn&#039;t read my comment very carefully.

Anyway, lawyers are not just tools that do what their employers want. Their actions have an ethical dimension like everyone else&#039;s.

Lawyers advise their employers. They can advise them to pursue their interests ethically, or they can advise the opposite. Hence &quot;shyster&quot; vs &quot;honest.&quot;

Or maybe you thought that every single underhanded, slimy abuse of copyright law was thought up by clients who then forced their groaning lawyers to comply?</description>
		<content:encoded><![CDATA[<p>Charles Guarino:</p>
<p>Saying that I slagged off all lawyers just shows you didn&#8217;t read my comment very carefully.</p>
<p>Anyway, lawyers are not just tools that do what their employers want. Their actions have an ethical dimension like everyone else&#8217;s.</p>
<p>Lawyers advise their employers. They can advise them to pursue their interests ethically, or they can advise the opposite. Hence &#8220;shyster&#8221; vs &#8220;honest.&#8221;</p>
<p>Or maybe you thought that every single underhanded, slimy abuse of copyright law was thought up by clients who then forced their groaning lawyers to comply?</p>
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		<title>By: drew3ooo</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166251</link>
		<dc:creator>drew3ooo</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166251</guid>
		<description>I don&#039;t think the government can legally claim an exlusive coipyright on anything produced that pertains to the law, since that information is always of potential importance to people subject to the laws of their state. There&#039;s no potential loss or misleading characterization of information be replicating it and no private income at stake. What they don&#039;t like is that people are making it accessable and using it in ways outside of the scope it was intended by the state. That is, however, a pretty weak case. If I want to post what the state says, either in the laws themselves or in commentary or explanations about those laws, I should have the right. And, I pretty much figure I and the rest of us do, which is why I&#039;ve framed their laws in one of my website&#039;s pages:

http://drew3000.net/oregon-state-law/</description>
		<content:encoded><![CDATA[<p>I don&#8217;t think the government can legally claim an exlusive coipyright on anything produced that pertains to the law, since that information is always of potential importance to people subject to the laws of their state. There&#8217;s no potential loss or misleading characterization of information be replicating it and no private income at stake. What they don&#8217;t like is that people are making it accessable and using it in ways outside of the scope it was intended by the state. That is, however, a pretty weak case. If I want to post what the state says, either in the laws themselves or in commentary or explanations about those laws, I should have the right. And, I pretty much figure I and the rest of us do, which is why I&#8217;ve framed their laws in one of my website&#8217;s pages:</p>
<p><a href="http://drew3000.net/oregon-state-law/" rel="nofollow">http://drew3000.net/oregon-state-law/</a></p>
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	<item>
		<title>By: duus</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166255</link>
		<dc:creator>duus</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166255</guid>
		<description>This is a point raised on the corresponding reddit page, at

http://reddit.com/info/6fz52/comments/c03qibr

&quot;Does this mean that if another state implements the same laws as Oregon, they can sue the other state for copyright infringement?&quot;

</description>
		<content:encoded><![CDATA[<p>This is a point raised on the corresponding reddit page, at</p>
<p><a href="http://reddit.com/info/6fz52/comments/c03qibr" rel="nofollow">http://reddit.com/info/6fz52/comments/c03qibr</a></p>
<p>&#8220;Does this mean that if another state implements the same laws as Oregon, they can sue the other state for copyright infringement?&#8221;</p>
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		<title>By: Nick D</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166515</link>
		<dc:creator>Nick D</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166515</guid>
		<description>Carmen, medical marijuana and physician assisted suicide are good things. Are you saying that suing over copyrighted laws is good too? I have to disagree.

PS: typing in all caps does not make people think you have a good point. It just makes them think you&#039;re throwing a temper tantrum.</description>
		<content:encoded><![CDATA[<p>Carmen, medical marijuana and physician assisted suicide are good things. Are you saying that suing over copyrighted laws is good too? I have to disagree.</p>
<p>PS: typing in all caps does not make people think you have a good point. It just makes them think you&#8217;re throwing a temper tantrum.</p>
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		<title>By: garys</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166005</link>
		<dc:creator>garys</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166005</guid>
		<description>This is one of those things where you ask, &quot;What&#039;s the point?&quot;  I would love to hear an explanation of what they think they are getting out of this notice.  

Just because you have a legal right to do something that harms the public and benefits nobody -- including yourself -- does not mean that you should exercise that right.  Of course, when the claim to a legal right is as weak as this one, it is even more senseless to try to enforce it simply to harm others.

Now all that said, isn&#039;t there an interesting criminal defense available?  Imagine that a person tried to look up the law, was unable to find it because of the combination of lack of handicapped accessibility on the official site and intentional restriction of the availability of handicapped accessible copies from third party sites.  Now imagine that the person violates the law not intentionally, but because the State of Oregon used copyright to essentially prevent him from succeeding in his good faith efforts to look up the law, thereby frustrating his good faith efforts to comply with the law.

It is clear that you cannot prosecute somebody for violating a &quot;secret&quot; law that is passed in private, never published, and never made known to the public.  There must be a continuum between an unenforceable secret law and a normal, published, and available law.  At some point on that continuum, where a state takes affirmative steps to prevent citizens from learning what the law is, the state puts at risk its very ability to constitutionally enforce its laws.</description>
		<content:encoded><![CDATA[<p>This is one of those things where you ask, &#8220;What&#8217;s the point?&#8221;  I would love to hear an explanation of what they think they are getting out of this notice.  </p>
<p>Just because you have a legal right to do something that harms the public and benefits nobody &#8212; including yourself &#8212; does not mean that you should exercise that right.  Of course, when the claim to a legal right is as weak as this one, it is even more senseless to try to enforce it simply to harm others.</p>
<p>Now all that said, isn&#8217;t there an interesting criminal defense available?  Imagine that a person tried to look up the law, was unable to find it because of the combination of lack of handicapped accessibility on the official site and intentional restriction of the availability of handicapped accessible copies from third party sites.  Now imagine that the person violates the law not intentionally, but because the State of Oregon used copyright to essentially prevent him from succeeding in his good faith efforts to look up the law, thereby frustrating his good faith efforts to comply with the law.</p>
<p>It is clear that you cannot prosecute somebody for violating a &#8220;secret&#8221; law that is passed in private, never published, and never made known to the public.  There must be a continuum between an unenforceable secret law and a normal, published, and available law.  At some point on that continuum, where a state takes affirmative steps to prevent citizens from learning what the law is, the state puts at risk its very ability to constitutionally enforce its laws.</p>
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		<title>By: Stephan</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166009</link>
		<dc:creator>Stephan</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166009</guid>
		<description>WTF? I&#039;m an Oregon voter: who would I be best to contact about this?</description>
		<content:encoded><![CDATA[<p>WTF? I&#8217;m an Oregon voter: who would I be best to contact about this?</p>
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		<title>By: Baldhead</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166015</link>
		<dc:creator>Baldhead</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166015</guid>
		<description>I think they flat out miss the point of copyright- to prevent others from profiting on your intellectual property. In a case where no profit is even possible- why care?</description>
		<content:encoded><![CDATA[<p>I think they flat out miss the point of copyright- to prevent others from profiting on your intellectual property. In a case where no profit is even possible- why care?</p>
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		<title>By: Nick D</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166016</link>
		<dc:creator>Nick D</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166016</guid>
		<description>Well, we Americans have already surrendered justice to the forces of the free market: the person with the most money to spend on lawyers generally wins.

The next logical step is to actually sell access to the law itself. 

After all, the State of Oregon must turn a profit, (so the thinking goes), right? And in a capitalist society, you have to pay for everything, including a fair trial. Which is another way of saying that everything is for sale, including justice.

Per the continuum of secrecy: I don&#039;t think totalitarian regimes have ever bothered to keep their laws secret. The laws were written by them for them, and in any case, were interpreted in any way they saw fit. See the Stalinist show trials. Or Bush&#039;s interpretations of the Constitution and the Geneva Convention.

I&#039;m just spitballin&#039; here.
</description>
		<content:encoded><![CDATA[<p>Well, we Americans have already surrendered justice to the forces of the free market: the person with the most money to spend on lawyers generally wins.</p>
<p>The next logical step is to actually sell access to the law itself. </p>
<p>After all, the State of Oregon must turn a profit, (so the thinking goes), right? And in a capitalist society, you have to pay for everything, including a fair trial. Which is another way of saying that everything is for sale, including justice.</p>
<p>Per the continuum of secrecy: I don&#8217;t think totalitarian regimes have ever bothered to keep their laws secret. The laws were written by them for them, and in any case, were interpreted in any way they saw fit. See the Stalinist show trials. Or Bush&#8217;s interpretations of the Constitution and the Geneva Convention.</p>
<p>I&#8217;m just spitballin&#8217; here.</p>
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		<title>By: audiozoloft</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166272</link>
		<dc:creator>audiozoloft</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166272</guid>
		<description>TAKUAN, so true, so true ... 

We are so frelled ... the frog is dead.</description>
		<content:encoded><![CDATA[<p>TAKUAN, so true, so true &#8230; </p>
<p>We are so frelled &#8230; the frog is dead.</p>
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		<title>By: ridl</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-409735</link>
		<dc:creator>ridl</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-409735</guid>
		<description>What in all the Hells does that have to do with this ancient post, Steve, other than Oregon?</description>
		<content:encoded><![CDATA[<p>What in all the Hells does that have to do with this ancient post, Steve, other than Oregon?</p>
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		<title>By: assumetehposition</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166023</link>
		<dc:creator>assumetehposition</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166023</guid>
		<description>I&#039;ve worked for Thomson West (albeit as a temp packing boxes) and somehow I doubt they&#039;d publish Oregon&#039;s Revised Statutes without being commissioned to do so. 

Or else they&#039;ve just been doing it for so long that nobody cares. 

Or else Oregon thinks it would be better if they didn&#039;t tell one of the nation&#039;s largest publisher of law books not to make any more for them unless they order them.</description>
		<content:encoded><![CDATA[<p>I&#8217;ve worked for Thomson West (albeit as a temp packing boxes) and somehow I doubt they&#8217;d publish Oregon&#8217;s Revised Statutes without being commissioned to do so. </p>
<p>Or else they&#8217;ve just been doing it for so long that nobody cares. </p>
<p>Or else Oregon thinks it would be better if they didn&#8217;t tell one of the nation&#8217;s largest publisher of law books not to make any more for them unless they order them.</p>
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		<title>By: Khonsu</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166025</link>
		<dc:creator>Khonsu</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166025</guid>
		<description>WTF. This seems so out of sync with how Oregon (well, let&#039;s be honest, PORTLAND) would rule. So...weird. I&#039;m definitely gonna contact someone about this.</description>
		<content:encoded><![CDATA[<p>WTF. This seems so out of sync with how Oregon (well, let&#8217;s be honest, PORTLAND) would rule. So&#8230;weird. I&#8217;m definitely gonna contact someone about this.</p>
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		<title>By: Antiglobalism</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166538</link>
		<dc:creator>Antiglobalism</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166538</guid>
		<description>Bureaucracy at its best!</description>
		<content:encoded><![CDATA[<p>Bureaucracy at its best!</p>
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		<title>By: Takuan</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166289</link>
		<dc:creator>Takuan</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166289</guid>
		<description>so think about the spawn</description>
		<content:encoded><![CDATA[<p>so think about the spawn</p>
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		<title>By: Hackles</title>
		<link>http://boingboing.net/2008/04/15/oregon-our-laws-are.html#comment-166035</link>
		<dc:creator>Hackles</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-166035</guid>
		<description>All State laws policys and tax rev and appropriation should be available online for the tax paying public to review at any time.

Copyrights and all intellectual property are a thing of the past. If we as a nation have no means to enforce laws beyond our borders such as online the framework of &quot;the law&quot; will be only apply to americans. Will we persist in playing by rules that the competition does not comply with.

</description>
		<content:encoded><![CDATA[<p>All State laws policys and tax rev and appropriation should be available online for the tax paying public to review at any time.</p>
<p>Copyrights and all intellectual property are a thing of the past. If we as a nation have no means to enforce laws beyond our borders such as online the framework of &#8220;the law&#8221; will be only apply to americans. Will we persist in playing by rules that the competition does not comply with.</p>
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