Academic commentary about patent law, i.p. law, creativity, and more

June 18, 2008

Copyright in, and access to, law

posted by Joe at 6:18 am

New York Law School professor James Grimmelmann has written a wonderful, much-needed online essay entitled “Copyright, Technology, and Access to the Law: An Opinionated Primer.”  It’s available here.

Here’s the opening paragraph:

Recently, the state of Oregon has used copyright law to threaten people who were publishing its laws online. Can they really do that? More to the point, why would they? This essay will put the Oregon fracas in historical context, and explain the public policies at stake. Ultimately, it’ll try to convince you that Oregon’s demands, while wrong, aren’t unprecedented. People have been claiming copyright in “the law” for a long time, and at times they’ve been able to make a halfway convincing case for it. While there are good answers to these arguments, they’re not always the first ones that come to hand. It’s really only the arrival of the Internet that genuinely puts the long-standing goal of free and unencumbered access to the law within our grasp.

As the saying goes, read the whole thing!


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