Code is law

Carl Malamud has posted a whole bunch of state codes on PublicResource.org. Need the Alaska Fire Code? The Denver Mechanical Code? How about the Michigan Plumbing Code? If we are so interested in open source computer code, what about open source law? Public Resource put together a lego animation on Flickr, called Code City, arguing that state and municipal codes are inherently in the public domain and should be available freely and pretty much at cost, not at $100 per. Say the lego men in the animation:

In a good standards process, it is technical excellence that matters and the only barriers to entry are bad ideas. But, that open process can get hijacked by industry players or those wishing to stake a financial claim in the process.

Just like the hackers to chipped in to build Linux, national technical standards are written by volunteer experts.

People participate in standards organizations for the same reason they volunteer for their local fire department or work in their community. it is a way to share what you know and make the world a better place.

But standards and model codes -- and even passed state codes (California) -- are held in copyright by governments and then licensed to private publishers for some pretty big bucks.

When it comes to public safety codes, it seems self-evident that this material, so critical to our daily lives, must be available to all. But, copyright on code extends beyond public safety codes. Companies have staked claims on administrative codes, which are the regulations enacted by executive-branch agencies, and compiled statutes from the legislative branches. In many cases, states mistakenly claim copyright over these materials, and then cut deals for the commercial rights with their corporate partners.