Public.Resource.Org and Creative Commons announced that they've released the first batch of case material in their free case law archive. Yesterday's release encompases over 1.8 million volumes of federal case law, including all Courts of Appeals decisions from 1950 to the present and all Supreme Court decisions since 1754.

As we've noted in the past, lawyers have long anticipated -- and hoped for -- such a case archive because court decisions and statutes are not copyrightable. In light of this, the files are all marked with the new Creative Commons CCØ label, indicating that the contents are works of the United States Government and are free of copyright or other restrictions for their dissemination and reuse.

Equally impressive, all of the files were converted to the XHTML standard and make extensive use of CSS style sheets to allow developers to build new search engines and user interfaces to access the trove of materials. According to the press release:   read more »

In a project headed by Associate Professor Geanne Rosenberg, CUNY's Graduate School of Journalism has launched a new website -- Top 10 Rules for Limiting Legal Risk. The project, which is carried out in collaboration with the John S. and James L. Knight Foundation and the Knight Citizen News Network, aims to provide training to citizen journalists on the legal rights and responsibilities that go along with newsgathering and online publication. From the press release:

"We are pleased to provide this resource to citizen journalists," said Stephen Shepard, dean of the journalism school. "The law in this area is rapidly developing, and citizen journalists don’t have the resources of a legal department to draw upon. Many of the rules are based on the same principles of fairness and caution that we teach to professional journalists at the school," Shepard added.

"This vital module with advice that could help keep bloggers out of jail is a great new addition to the Knight Citizen News Network, which already is the best one-stop-shop site for citizen journalism training," said Gary Kebbel, journalism program officer at Knight Foundation.

Basically, it's right up our alley AND its got some nifty videos in the teaching modules featuring David Ardia, the CMLP's co-founder and director, and yours truly. Self-aggrandizement aside, the website looks great and its ten rules are organized around practical strategies rather than legal doctrine, which makes it user-friendly.

Some of  these rules include:   read more »

Public.Resource.Org and Fastcase, Inc. announced this week that they will make 1.8 million pages of federal case law, including all Courts of Appeals decisions from 1950 to the present and all Supreme Court decisions since 1754, available in a free public archive. The entire archive will be in the public domain and usable by anyone for any purpose.

Lawyers have long anticipated -- and hoped for -- such a case archive because court decisions and statutes are not copyrightable. West Publishing and its primary competitor, LexisNexis, do not own the copyrights to the decisions they publish; they own the copyrights only to the content that they add to the published opinions. This is a relatively thin layer of copyrightable material, and a competitor could copy and distribute cases found in West's reporters, so long as the syllabi, head notes, and "key numbers" were redacted, and so long as the reproductions did not duplicate the West reporters' original selection and arrangement of cases. See, e.g., Matthew Bender & Co. v. West Publishing, 158 F.3d 674 (2d Cir. 1998).

According to the announcement:

“The U.S. judiciary has allowed their entire work product to be locked up behind a cash register,” said Carl Malamud, CEO of Public.Resource.Org. “Law is the operating system of our society and today's agreement means anybody can read the source for a substantial amount of case law that was previously unavailable.”   read more »

This week, David Ardia talks about threats to the Internet in Pakistan and Colin Rhinesmith speaks with Sam Bayard about a recent entry in our new legal threats database.

Download the MP3 (time: 7:30)

Music used in this podcast was sampled and remixed from a track titled "Jazz House" by the Wicked Allstars, available on Magnatune.

To subscribe to the Citizen Media Law Podcast, visit our Subscriptions page or go directly to the podcast feed.

We've finally finished building the interface for our Legal Threats Database, and I am excited to announce its public launch. If you would like to read our news release, you can find it here.

The database, which is funded by the John S. and James L. Knight Foundation, contains legal threats from 35 states and 9 countries, and it is growing daily. These threats range from copyright infringement lawsuits filed against bloggers to cease and desist letters claiming defamation sent to MySpace users.

Users of the interactive database can input new threat entries, comment on existing threats, and search the database in a number of ways, including by location, legal claim, publication medium, and content type. We've already been receiving a lot of interest in the database and expect that it will be useful to a wide range of people. As Sam Bayard noted yesterday, the database already contains a fascinating array of lawsuits, as well as more informal threats like cease-and-desist letters and emails.

We can't create this database alone, however, so we need your help to keep the information accurate and up to date. If you've been threatened with legal action as a result of your online activities or know of someone who has, please let us know by using our contact form or by entering the information directly into the database through our easy to use threat entry form.

The database is the product of a tremendous amount of work by CMLP staff and students, especially Sam Bayard, Jillian Button, Daniel Ostrach, David Russcol, Matt Sanchez, Daniel Ungar, and Stefani Wittenauer. Our website designer, Chris Wells from Redfin Solutions, has worked tirelessly on getting all of the functionality operating properly. A big public thank you to everyone who helped!   read more »

The New York Times reports that Carl Malamud and his non-profit organization, Public.Resource.Org, have begun an ambitious campaign to make US court decisions available to the public for free online. According to its website, Public.Resource.Org seeks to create an "unencumbered public repository of federal and state case law and codes." To do this, Malamud will be scanning West Publishing's federal and state case reporters,"extracting the public domain content and republishing it on the Internet for use by anyone." Malamud has already started with West's Federal Supplement, Federal Reporter, and Federal Appendix. So far, only cases from the 1880s are up on the website.

Interestingly, Malamud has a successful history of challenging publishers and getting government information released to the public. In the 1990s, he spearheaded a campaign that led to the US government making records from the Securities and Exchange Commission (EDGAR) and the Patent and Trademark Office available to the public for free.

Lawyers have long anticipated a move of this kind because court decisions and statutes are not copyrightable. West Publishing and its primary competitor, LexisNexis, do not own the copyrights to the decisions that they publish in print or post to their subscription-based online services. Rather, the publishers own the copyrights only to the content that they add to the published opinions, such as syllabi (which summarize the general holding of each opinion), head notes (which summarize specific points of law discussed in each opinion), and "key numbers" (which categorize points of law into different legal topics and subtopics for research purposes). They also own the copyrights to the particular selection and arrangement of the opinions in their case reporter volumes. This is a relatively thin layer of copyrightable material -- it is fairly clear that a competitor or interested citizen could copy and distribute cases found in West's reporters, so long as the syllabi, head notes, and "key numbers" were redacted, and so long as the reproductions did not duplicate the West reporters' original selection and arrangement of cases. See, e.g., Matthew Bender & Co. v. West Publishing, 158 F.3d 674 (2d Cir. 1998), cert. denied, 526 U.S. 1154 (1999).   read more »

OpenCongress, a joint project of the Participatory Politics Foundation and the Sunlight Foundation, recently launched a new tools section that should be useful for anyone who follows Congress.  The site draws on a variety of sources -- from official government resources to blogs -- to provide an in-depth view of "the real story behind what's happening in Congress."

According to the site, OpenCongress brings together information from:  read more »

• Official Congressional information from Thomas, made available by GovTrack.us: bills, votes, committee reports, and more.
• News articles about bills and Members of Congress from Google News.
• Blog posts about bills and Members of Congress from Google Blog Search and Technorati.
• Campaign contribution information for every Member of Congress from the website of the non-profit, non-partisan Center for Responsive Politics, OpenSecrets.org.
• Congress Gossip Blog: a blog written by the site editors of OpenCongress that highlights useful news and blog reporting from around the web. The blog also solicits tips, either anonymous or attributed, from political insiders, citizen journalists, and the public in order to build public knowledge about Congress.