Carl Malamud Public.Resource.Org, Inc. 1005 Gravenstein Highway North Sebastopol, CA 95472 January 2, 2019 Richard C. Ruskell, Legislative Counsel Office of Legislative Counsel General Assembly State of Georgia 316 State Capitol Atlanta, Georgia 30334 Anders Ganten, Director of Government Content Acquisition The RELX Group (United Kingdom) ℅ LexisNexis (U.S. Branch Office) 201 Mission Street San Francisco, California 94105 Dear Legislative Counsel Ruskell and Mr. Ganten: I am writing in the matter of the Official Code of Georgia Annotated (OCGA). Despite a crystal-clear unanimous decision from United States Court of Appeals for the Eleventh Circuit on October 19, 2018, holding that people have the absolute right to speak and read Georgia's official laws, I have been been unable to purchase a current copy of the OCGA. I have sent numerous emails and placed numerous calls to my sales representative at the LexisNexis, who has not responded (my account was terminated by LexisNexis during the litigation). I’ve tried reaching out on Twitter, as have numerous others on that social media platform. Again, no response. My lawyer called the LexisNexis lawyer who said I could buy the code only if I paid the full rack rate—which I readily agreed to do—and then he promptly dropped the matter. I wrote to Mr. Russell who said on November 19, 2018 that he would “look into that matter,” and you have clearly not looked very long or very hard as I have not heard back from anybody. When the Honorable Richard W. Story of the United States District Court for the District of Georgia issued a March 13, 2017 opinion granting summary judgement to the State of Georgia, within hours I removed all trace of the OCGA itself, and all mention of the OCGA from my web sites and from all web sites around the net. I did not wait for the April 7, 2017 permanent injunction to be issued, I complied immediately because I respect our system of justice, because I respect the rule of law, and because I respect our courts. This is in sharp contract to your own behavior, ignoring the clear and unambiguous ruling of the United States Court of Appeals. Your behavior is an insult to the Court. I understand the State of Georgia will be appealing their decision, and we look forward to meeting you in the Supreme Court of the United States to argue our position. Until then, however, both the State of Georgia and your foreign-based vendor have an obligation to obey the law of the United States. Mr. Ruskell, your game of “hide the code” brings dishonor on the people of Georgia, who you are handsomely paid to serve. I have been attempting to discuss this issue with your office since May 13, 2013, and not once has anybody deigned to talk to me. When you filed suit on July 21, 2015, your complaint included bizarre accusations that my behavior was a form of “terrorism.” After you won summary judgment, you filed an April 21, 2017 motion for Mr. Ruskell and Mr. Garten, Page 2 fees explaining to the court that I needed to be punished and made an example of to dissuade others from attempting to make the laws available without first obtaining prior permission from your vendor. Mr. Anders, your corporation, with its immense resources and technical capabilities, can easily make money through all manner of legitimate value-added products without exercising arbitrary control over the content your office seeks to “acquire.” As a vendor to the State of Georgia, you join them in the role of trustee on behalf of the people. Your corporation often boasts of the unparalleled information technology at your disposal that provides superior services to law firms and legal professionals. You have no need to engage in this subterfuge and behind-the-scenes lobbying, and it is unconscionable for you to flout the law of the United States as you have done by refusing to make the OCGA available to me. If your foreign corporation wishes to do business in the United States, you should respect our legal system and you must show respect for the pronouncements of our judges. Mr. Ruskell, Mr. Anders, I ask of you one more time: Show Me The Code! Sincerely yours, Carl Malamud, President and Founder
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