It was a 5-4 decision, with the votes nearly evenly distributed between the liberal and the conservative wings of the court, which shows that IP maximalism is a bipartisan endeavor:

A narrowly divided US Supreme Court on Monday upheld the right to freely share the official law code of Georgia. The state claimed to own the copyright for the Official Code of Georgia, Annotated, and sued a nonprofit called Public.Resource.Org for publishing it online. Monday’s ruling is not only a victory for the open-government group, it’s an important precedent that will help secure the right to publish other legally significant public documents.

“Officials empowered to speak with the force of law cannot be the authors of—and therefore cannot copyright—the works they create in the course of their official duties,” wrote Chief Justice John Roberts in an opinion that was joined by four other justices on the nine-member court.

Everyone involved in the case agreed that the text of state statutes could not be copyrighted. But the state of Georgia argued that it could copyright annotations that are distributed with the official code. These annotations provide supplemental information about the law, including summaries of judicial opinions, information about legislative history, and citations to relevant law review articles. The annotations are produced by a division of legal publishing giant LexisNexis under a work-for-hire contract with the state.

The copyright status of the annotated code matters because the state doesn’t publish any other official version. You can get an unofficial version of state law for free from LexisNexis’ website, but LexisNexis’ terms of service explicitly warned users that it might be inaccurate. The company also prohibits users from scraping the site’s content or using it commercially. If you need the official, up-to-date version of Georgia state law, you have to pay LexisNexis hundreds of dollars for a copy of the official version—which includes annotations.

Public.Resource.Org defied Georgia’s rules and published the entire code, including annotations, on its website. The group argued that as an official document of the state legislature, it couldn’t be protected by copyright. The state sued and won at the trial court level. The 11th Circuit Court of Appeals reversed that ruling and sided with the non-profit. In an unorthodox move, the people at PRO urged the Supreme Court to review the case, even though doing so could reverse their appellate win, because they wanted to set a nationwide precedent.

The group’s gamble paid off—but just barely. Five justices bought PRO’s argument that Georgia’s official code was in the public domain. Four justices dissented and would have allowed the Peach State to copyright portions of its official legal code.

IP, both copyright and patent, are a cancer on our economic system, encouraging and extending rent-seeking behaviors (The Sonny Bono Copyright Act^*) which interfere with economic efficiency and exacerbates inequality.

When vetting the next SCOTUS nominee, their record on IP needs to be under a microscope.

^*It’s literally Mickey Mouse legislation.

The International Code Council is trying to enforce copyright over law2s, which means that people cannot freely read or shore, or(more importantly) understand the law:

UpCodes wants to fix one of the building industry’s biggest headaches by streamlining code compliance. But the Y Combinator-backed startup now faces a copyright lawsuit filed against it by the International Code Council, the nonprofit organization that develops the code used or adopted in building regulations by all 50 states.

The case may have ramifications beyond the building industry, including for compliance technology in other sectors and even individuals who want to reproduce the law. At its core are several important questions: Is it possible to copyright the law or text that carries the weight of law? Because laws and codes are often written by private individuals or groups instead of legislators, what rights do they continue to have over their work? Several relevant cases, including ones involving building codes, have been decided by different circuits in the United States Court of Appeals, which means the UpCodes lawsuit may potentially be heard by the Supreme Court.
………

UpCodes’ first product, an online database, gives free access to codes, code updates and local amendments from 32 states, as well as New York City. For building professionals and others who want more advanced search tools and collaboration features, UpCodes sells individual and team subscriptions. In 2018, UpCodes released its second product, called UpCodes AI. Described as a “spellcheck for buildings,” the plug-in scans 3D models created with building information modeling (BIM) data and highlights potential errors in real time.

………

It argues that its use of building codes is covered by fair use. The ICC, on the other hand, claims that products like UpCodes’ database harm its ability to make revenue and continue developing code. The ICC wants UpCodes to take down the building code on which it claims copyright, and has also sued for damages.

The law should be freely sharable, period.

If the ICC does not like that, then it should sue the code authorities making copies of its code, which they won’t because then code authorities would find some way to develop common code without out the ICC looting them.

As an aside, this is a potential application for AI, so for example the section of code from the ICC (Chapter 10, Section 1003.2), which reads “The means of egress shall have a ceiling height of not less than 7 feet 6 inches (2286mm),” could be automatically rewritten to read, “A ceiling height of at least  7 feet 6 inches (2286mm) is required.”

The information (2286mm) is not subject to copyright, just the exact expression is.  (It’s why, for example, the exact text of a recipe is copyrighted, but instructions that are functionally identical are not.)

I either case, I would like to see Congress change copyright law to explicitly make all regulatory code public domain.