‘Ignorantia Juris Non Excusat’, BUT Printing Annotated Law in Georgia Is Copyright Infringement!

Excerpt from FEE:

Just weeks ago in Florida, a father spending spring break on the beach with his family was fined $25 dollars for using metal sand tools on Panama City Beach, a law he had no idea he was breaking.

When this long-time resident of Panama City Beach asked law enforcement if he could see the actual text of the statute he was breaking, the officer on the scene immediately called for backup and threatened the father with jail time.

Carl Malamud, founder of public.research.org, has been giving Georgia lawmakers a run for their money for years. As a long-time open records advocate, Malamud has dedicated his time to ensuring that the people of Georgia have access to every single law in the state, including the annotated copies, something that has recently gotten him into hot water with the state.

Malamud believes that every person should have access to the laws they have allegedly consented to follow.

For students of the law or anyone doing legal research, annotated copies of legal texts are extremely helpful as they provide further insight into each law. Annotations may include a backstory or judicial opinion regarding the law and will often cite which laws preceded and followed the law in question. All this information is extremely valuable to those defending themselves against the state.

Unfortunately in Georgia, in order to gain access to the complete and official compilation of the state’s laws, residents, like Malamud, are required to pay the state $1,207.02 for access to a hardcopy version. The state has promised to unveil a more “affordable” version that can be printed from LexusNexus for only $400 (what a bargain).

As an activist who believes that every person should have access to the laws they allegedly consented to follow, Malamud has spent countless hours scanning copies of the annotated version Georgia’s law. He then copied those annotated files to USB drives, which were then sent out to local lawmakers as well as other prominent members of the community.

Each USB drive was sent in an envelope with an enclosed letter which stated:

“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.”

Of course, recipients of Malamud’s envelopes were given fair warning of its contents just by glancing at the colorful packages, as each contained the words: “UNIMPEACHABLE,” on the front and featured pictures Georgia peaches and American flags and the phrase, “code is law.”

However, some of the government recipients of Malamud’s letter were less than impressed.

In a written response sent to Malamud, chairman of Georgia’s Code Revision Commission, Josh McKoon stated:

“Your unlawful copying… Infringes on the exclusive copyright of the state of Georgia, Accordingly, you are hereby notified to CEASE AND DESIST ALL COPYRIGHT INFRINGEMENT.”

When Life Gives you Peaches…

While this seems almost too far-fetched to believe, the government of Georgia was so infuriated that Malamud would dare disseminate annotated copies of the law for others to read, they pursued legal action against his organization, public.research.org.

Malamud was ordered to destroy all physical files and remove all information regarding the annotated law from his organization’s website within ten days, or face legal consequences.

While the state of Georgia had already “won” in the legal sense, it continued to pursue legal action against Malamud, suing him in federal court.

The state of Georgia claims that there is no substance to Malamud’s complaints since technically the law is already available to the public for free online.

Malamud has, in turn, questioned the state of Georgia’s definition of “free,” since before even the non-annotated legal codes can be viewed online, users must agree to a list of restrictions as well as agree to two separate terms of use.

Among these terms is a stipulation that states that any of the information found is prohibited from being copied and cannot be cited in any newspaper or “articles.”In other instances, those wishing to view the law must even apply for a license.

Unfortunately for Malamud, the judge ruled in favor of the state of Georgia.

The state has also continued to go after Malamud and his organization.

When it comes to intellectual property laws, the federal government is prohibited from copyrighting texts, such as laws, for example. However, states are allowed to copyright text, especially if a private company is involved—like LexusNexus.

Since LexusNexus, a private company, provided the annotations for the state online, the judge viewed these additional notes as “value added material” and not necessary to the understanding of the law and thus, found Malamud in violation of the Copyright Act.

But the judge didn’t stop his criticism of Malamud there. Adding insult to injury he accused Malamud’s website of engaging in commercial copying of materials—various laws— which is illegal for a non-profit organization like Public.Resource.Org.

The state has also continued to go after Malamud and his organization for any other offense they can manage to find. Recently Malamud was served with an injunction as a result of what one source calls, “publishing technical and scientific standards that have been incorporated into laws.”

Read the rest here…

What’s Next? Foxes in the Henhouse?!

Ho Hum, now they’re housing confirmed male rapists and serial killers of women (“identifying as non-male”, but without hormone therapy or any surgery) together with, uh, females (many of them already rape victims) in California prison, nu-nu. And it’s about to spread countrywide if Congress passes a law…

So anyway, what else is new?

Chafetz Chaim versus the Health Experts

Medical Tyranny Versus Authentic Torah – Part 4

Rabbi Yisrael Meir Kagan, the Chafetz Chaim, was one of the greatest and most influential Torah leaders of modern times. His works are staples in every true Jewish home, and his saintliness was legendary. He divinely predicted that European Jewry would be decimated but Hitler’s army would be unable to invade Eretz Yisrael, where a remnant would be spared.

But I wonder if even the Chafetz Chaim knew that two footnotes about him would offer us critical guidance nearly a century after his passing.

The Chafetz Chaim lived at the juncture between the old world and the modern world. The Reform movement had metastasized into a powerful threat to authentic Judaism, just as the scientific establishment – and the tycoons who controlled it – were starting to believe they can and should control everything. The role of a doctor in society was evolving from the traditional one outlined in this series to that of a nanny and ultimately a dictator.

If the Chafetz Chaim lived today, what would he do? How would he guide us? Fortunately, the answer is clear from the example he already set.

The Chafetz Chaim on the Torah is a small collection of his teachings on the weekly Torah portions, plus related stories from his life, which appear in footnotes. Below are English translations of two footnotes from Parshas Va’eschanan.

Another time he explained this verse [Devarim 4:15, that one should very much guard his life/soul] that it is incumbent upon a person to take care of his body, just as a wagon driver must take care of his horse that it shouldn’t starve, for isn’t it from him that he earns his livelihood? Likewise a person needs to take care of his body that he shouldn’t harm it, for from it comes life, as well as for the soul.

And one time he rebuked one of the famous Roshei Yeshiva in Europe for holding himself back from eating a piece of meat every day, and saved it all for the sake of his students, that nothing should be taken from their daily food.

And he said as follows in his sweet style, ‘Among the numerous matters that are incumbent upon the Rosh Yeshiva in his role as a Rabbi to his students, there is one urgent matter that is worthy of particular attention: that he should make sure his students have a healthy Rosh Yeshiva.’

He also said that the mitzva to guard one’s health is extremely great. More than once he would order the lamps in the yeshiva to be extinguished at a late hour in the night, in order that the students should go to sleep. He had a pearl in his mouth [was fond of saying] that this too was the advice of the yetzer hara [evil inclination], in order that the students should become weak, thanks to their excessive diligence, and they would later completely stop learning Torah. And so he would say, ‘Even if the yetzer hara advises you to learn [at such hours], don’t desire it and don’t listen to him, for his intentions are not pleasing.’

And in his final years, when due to weakness it was hard for him to walk, he would push himself in spite of this to walk four cubits after eating, to fulfill the words of our sages in Shabbos 41A...” (Footnote 3)

The Chafetz Chaim was extremely stringent about protecting one’s health, and considered martyring one’s health to learn extra Torah as sinfully self-destructive. Furthermore, unlike many modern Jews who pompously dismiss the health teachings of Chazal as outdated, the Chafetz Chaim treated their wisdom in these areas with reverence as well.

Surely, then, the Chafetz Chaim would place the recommendations of health experts on a pedestal…right?

Here for your consideration is footnote 7 from the same Torah portion:

…When it became known to the Chafetz Chaim that a conference of doctors was going to take place in Vilna, and they were planning to offer various suggestions for the sake of the health” of the yeshiva students, such as to limit their hours of learning, and to designate an hour or two every day for exercise, and other improvements and “repairs” of this type, such as to reduce the number of students in each group, the Chafetz Chaim, of blessed memory, first sent a letter of blessing to the chairman of the conference, the well-known doctor [Zemach] Shabad, and these were his words:

“’As I have heard that there will soon be a conference of doctors, and his honor will be the chairman, I send my blessings to him, that the Healer of all flesh should send you His assistance and blessing from above. Being that I heard that the situation in the yeshivos is of great interest at your conference, I thought to inform you that, thank God, the yeshivos are standing on a firm and stable foundation. The students receive all their needs, and they are served three meals a day. Approximately two hours a day they rejuvenate themselves with walks, and, thank God, they are healthy and whole. Surely this will be of great joy to you.

And after signing he added the following two lines: I wanted to remind his honor that it is written in the Torah Whoever touches the mountain [Mount Sinai when the Jews were given the Torah] will surely die. If touching the mountain is deserving of death, one who touches the Torah itself [interferes with Torah study] how much more so.‘”

It is fair to assume that Doctor Shabad and his colleagues did not have sinister motives in establishing health regulations for yeshivos. Again, this was when science and technology were starting to take great leaps forward. Most likely these doctors saw themselves as enlightened health experts, privy to revolutionary new discoveries, whose duty it was to impose their wisdom on primitive Torah scholars for their own good.

The position of doctors was evolving to that of a vaunted authority who makes rules for society. Modern science was evolving into a new form of idolatry. The Chafetz Chaim witnessed these changes, and had the foresight to recognize the existential threat of letting “health experts” overstep their bounds. Doctors were likely to exaggerate potential dangers, overestimate their abilities, and intervene in people’s lives far more than appropriate. Even if their motives were entirely benign, expanding the role of doctors beyond the one outlined in the Torah would cause more harm than good.

Furthermore, if this expansion were permitted for the presumed sake of saving lives, it was inevitable that power-hungry profiteers and governments would use “public health” as a pretext to impose tyranny on the public.

The Chafetz Chaim politely reminded the doctors that their concern was appreciated, but their intention to intervene in yeshivos was unnecessary and out of bounds. He further warned them that crashing the boundaries and interfering with the Torah would be most dangerous for health – their own.

Unfortunately, the scientific establishment has not heeded the Chafetz Chaim’s words, and he is no longer here to lead us in the face of the tyranny that has emerged. However, the appropriate response in the face of these challenges is clear from the example he set. We are not to allow “health experts” to encroach on Torah study or Jewish life at large, no matter what fears they express or promises they make.

The commandment to guard one’s health is most serious, but doctors do not have the right to impose their will on individuals or the public, even if they think they know best.

Those who were responsible for closing the shuls and yeshivos did not only touch the mountain, they committed grave sins. Those who issued fraudulent “rulings” that we must do whatever doctors decide for us corrupted the Torah, the penalty for which is losing one’s share in the world to come (Avos 3:11). It is unlikely that they can escape punishment after all the harm they caused, but if they repent they can salvage their souls.

The rest of us need to take the Chafetz Chaim’s words to heart and recalibrate our approach to “health experts”. Doctors work for us, as individuals, if we choose to employ their services. They do not control our lives, and no government has the right to ride on the backs of doctors to control our lives.

If they seek to encroach on the Torah and Jewish life – even with the best of intentions – we must inform them that this interference is unnecessary and unwelcome. If they insist on interfering, we must resist. If their intentions are malicious, we must recognize them as mortal enemies who come dressed as saviors.

Whoever touches the mountain will surely die, and those who touch the Torah, how much more so. May it be soon.

__________________________

chananyaweissman.com/

Upcoming Book by Yehoshua Alt: Amazing Shabbos Insights (FREE Sample Chapter)

Shalom U’Bracha from the Holy Land, 

I hope you are doing well. As we have arrived at the final stages before publication, this is the final opportunity for dedications for the book about Shabbos titled “Amazing Shabbos Insights” (the cover is attached below). Don’t miss out on the Dedication Opportunities, which can be given from Maiser money. It can be L’Ilui Nishmas, L’Refuah Shleima, an advertisement for a business, in honor of a special occasion or any other dedication that your heart desires. This is in addition to sharing in the merit of the Torah learned by each reader. For more information or if you have any questions, please don’t hesitate to contact me at yalt3285@gmail.com. Donations can also be given via credit card by clicking “Donate” at  https://bit.ly/392t1ZkAny amount is welcome.

 

All the best,

Yehoshua Alt

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I Agree. Death (‘Morbidity’) Is Unsettling!

Woke researchers call for term ‘morbidly’ obese to be banned because it’s offensive

Calling the fattest category of people ‘morbidly’ obese is offensive, woke researchers said today.

And they urged doctors and scientists to stop referring to unsuccessful attempts to lose weight as ‘failures’.

Terms used moving forward should include ‘ineffective’ or ‘insufficient’ weight loss, or even ‘secondary weight regain’.

No specific suggestions were given to replace the phrase ‘morbid’, however severe is often used instead.

Critics today slammed the recommendation, published in a leading obesity journal, saying it was ‘odd’ given morbid obesity is a clinical term.

But industry experts agreed that ‘less stigmatising’ language was crucial in the battle against the bulge, saying ‘words truly do matter’.

Joe Nadglowski, president of the Obesity Action Coalition, said: ‘The old expression “sticks and stones may break my bones but words will never hurt me” doesn’t apply for those living with obesity.’

It comes after a separate team of researchers claimed the word obesity is racist and should be dropped in favor of ‘people in larger bodies’.