Quote:
Originally Posted by markksman
Here's the thing. "Annotated" laws should be entitled to copyright, because the editors select cases and snippets from cases that illustrate the application of the law and even characterize the cases and their meaning in their own "creative" way. It's like Westlaw headnotes.
The thing about this case, however, is that Georgia chose to call the "Annotated" code published by Lexis the "official" code, which is just stupid. You cannot, in Georgia or elsewhere, cite to an "annotation" as binding legal authority (though, of course, you can cite the cases that appear in the annotations, if appropriate).
They likely chose the "annotated" version published by Lexis as "official" because Lexis triple checks that the text of the laws themselves is accurate, publishes hard copy books, and probably doesn't publish a non-annotated version.
I mean I'm sure there is the official text of the US code, and I get the US Code (i.e., federal laws) as part of my Westlaw subscription, but when I need to look up a law or rule of civil procedure, I almost always just google it, which brings up the text from
https://www.law.cornell.edu/, which is what I read and cite as appropriate.
Now, I just checked
https://www.law.cornell.edu/ for Georgia laws, which leads to
https://www.law.cornell.edu/states/georgia, and when one clicks on Georgia statutes it brings you to
https://www.lexisnexis.com/hottopics/gacode/, which contains Georgia's laws, for free.
So, while there is some stupidity here, I think this article will "fool" much of the public about what's actually going on.