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by TallGuyShort 2350 days ago
I would agree, but only if the copyright holder is an active participant in making their standards legally binding, otherwise some city council somewhere is just unilaterally eliminating their copyright, which they have no right to do IMO. I mean if the standards bodies are pushing for their standards to become laws because that's an amazing business model, then I agree they should be waiving license fees as part of that push, but the buck stops with the government on that IMO. It shouldn't just be assumed or permitted. Don't have time to go dig myself right now to see if that's what's happening.
1 comments

The end result is the same either way: The law, including all required references, must be available to the public in a free, non-discriminatory, and modern form (i.e. on the Internet, not a single paper copy accessible only in the basement of the state capitol building behind a door marked "beware of leopard") before it can be enforced. That means the state must find a way to make the law available to the public before it takes effect, and standards organizations likewise must agree to allow public access before their standards can be incorporated into the law. The federal government can, of course, revoke the copyright on a standard to achieve that result if permission is not forthcoming—despite the name it's merely an artificial privilege, not a natural right, and as such ought to be revoked the moment it fails to serve its intended purpose of benefiting the public.