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by Old_Thrashbarg·7y ago·view on hn ↗
IANAL, but I think in the Public.Resource.Org / EFF case, they were claiming you could restate the law:

""" Judge Tatel: you have to stay in the hospital for the three days. Can they not use three days?

Mr. Verrilli: No, I think they could describe the fact that the standard says three days. But again ...

Judge Tatel: More than two and less than four? Is that what they'd have to say? """

(p. 24 of DC Circuit oral argument, https://www.dropbox.com/s/bb0by3nm3dfql3v/gov.uscourts.cadc....)

But to answer more directly, we host the law. If we change the precise wording of the law, then that's unacceptable. If you being tried, you can't say "well, I followed this alternative law and if you read that, you'll see it can be interpreted differently". No, the exact text of the law is the law, nothing else.

1 comments
But the law says standards of X. If the law prevents people from understanding X, then I would think one could argue that the law itself doesn't go into enough detail.

If X isn't bound as part of the law, and it can't be re-stated while keeping the intent in tact, then imho it should be effectively invalid. Just my own opinion, not something the court system would uphold necessarily.

I do find this appalling in practice. I would have less issue so long as the copyright holders for any legal specifications were limited to non-profit organizations with open accounting provisions.