Comment Re:California Strikes Again (Score 5, Insightful) 481
The article summary mentions building codes, which is an industry standard. I have knowledge of building codes being a structural engineer so I use them as an example to help frame my arguments.
The 2007 California Building Code is not copyrighted. However, it draws almost exclusively from the International Building Code (IBC), which is copyrighted and published by the International Code Council (ICC). ICC is a non-profit organization dedicated to the development of model building codes as well as the testing and approval of construction products. The ICC has no financial interest in what it does (in principle), and makes legitimate use of copyright to continue its work.
Should government should be allowed to adopt and enforce copyrighted works as law? If so, who should be responsible for the costs of distributing the law to the citizens? I do not believe that a work should lose the property of being copyrighted when entered into the law; however, it could easily be argued as legally allowable under the guise of eminent domain. The state, and thus its citizens, should realize the fact that adopting copyrighted material as law requires them paying for it. The ICC and all other organizations that develop industry standards should reevaluate whether it is ethical and/or reasonable to create and copyright material which is intended to be adopted into law.
In the end, it is what Weaselmancer brought up in a sibling post: a "broken business model." I believe the state should budget and pay the code councils to do the work and get it distributed rather than indirectly and unequally tax their constituency by making them pay for the published materials (I disclose that I am one of those being disproportionately taxed).
The 2007 California Building Code is not copyrighted. However, it draws almost exclusively from the International Building Code (IBC), which is copyrighted and published by the International Code Council (ICC). ICC is a non-profit organization dedicated to the development of model building codes as well as the testing and approval of construction products. The ICC has no financial interest in what it does (in principle), and makes legitimate use of copyright to continue its work.
Should government should be allowed to adopt and enforce copyrighted works as law? If so, who should be responsible for the costs of distributing the law to the citizens? I do not believe that a work should lose the property of being copyrighted when entered into the law; however, it could easily be argued as legally allowable under the guise of eminent domain. The state, and thus its citizens, should realize the fact that adopting copyrighted material as law requires them paying for it. The ICC and all other organizations that develop industry standards should reevaluate whether it is ethical and/or reasonable to create and copyright material which is intended to be adopted into law.
In the end, it is what Weaselmancer brought up in a sibling post: a "broken business model." I believe the state should budget and pay the code councils to do the work and get it distributed rather than indirectly and unequally tax their constituency by making them pay for the published materials (I disclose that I am one of those being disproportionately taxed).
