Sebastopol man puts code manuals online

Matthew B. Stannard, Chronicle Staff Writer

Saturday, September 27, 2008

From a paper-choked sublet office in Sebastopol, Carl Malamud is operating a kind of nonprofit Napster, with offerings a little less sexy than the music of Metallica, Dr. Dre and Green Day.

Example: 404.1. All plumbing fixtures, other than water closets and urinals, shall be equipped with approved strainers having an approved waterway area.

That's a snippet of the 2007 California Plumbing Code, a print version of which might cost $125. But Malamud purchased the code and placed it on his Web site - and now anybody can download all 526 riveting pages free.

Or the building codes, fire codes, or mechanical codes from California, San Francisco or Los Angeles. Or millions of pages of other codes, all legally obtained by Malamud, who then uploaded them to public.resource.org for anybody to take, even though many of them are copyrighted.

"Not everybody is going to read the building code, but everybody who wants to should be able to without putting 100 bucks in the slot," Malamud said. "Primary legal materials are America's operating system."

His actions perturb government agencies, technical organizations and publishers who create, maintain and sell books of codes. While some say they do not plan to oppose Malamud's efforts, others question the legality of his site and the wisdom of his actions.

Malamud says he believes that he's on solid ground if he is sued. Some legal experts agree.

Law belongs to all

"It's very clear in American law that you can't get intellectual property protection for law," said Pamela Samuelson, co-director of the UC Berkeley Center for Law and Technology. "Law belongs to everybody."

This year Malamud persuaded the Oregon legislature not to enforce its copyright claim to Oregon Revised Statutes - after he put them online. Now he'd like to see California - and other agencies that claim copyright over public codes and regulations - do the same.

"This stuff has been locked up behind a cash register," Malamud said. "(It's) way too important to just leave it there."

If Malamud is fishing for a lawsuit - something he denies - so far nobody is biting. Officials at the agencies whose codes Malamud has posted all say they are aware of his efforts but have no plans for legal action.

Which doesn't mean those agencies are giving up their copyright - especially if someone republishes the codes for profit, said Linda Brown, deputy director of the California Office of Administrative Law.

"If somebody is going to make commercial use of that, the people of California deserve to benefit," she said.

Brown said Malamud's rhetoric is misleading - many of the codes on his site are already available free online.

The state's administrative law office Web site, for example, allows users to search the California Code of Regulations. Many other state and federal agencies do the same.

But it's not enough, said Malamud. Many of the free codes carry notices banning downloading for commercial use or downloading, printing or more-complicated options.

Free codes in future

He envisions a future where government codes are freely available in computer-friendly form to be mashed up, cross-linked, debated and redrafted by the online community.

"By liberating it, we can begin making it more useful," Malamud said. "If it costs $6 million to buy a copy of federal law ... you're not going to get somebody like Larry Page in a Stanford dorm room downloading American law and making a better version of it."

But the organizations that oversee or publish the codes appearing on Malamud's site question that claim.

"The Internet really succeeds when it's used collaboratively," said Dexter Johnson, Oregon's legislative counsel. "When laws are created by elected people, I'm not sure that model works so well."

Call it the Brittanica vs. Wikipedia debate - can online crowds be as wise as one expert? Except this debate involves laws where small details can make a difference in whether a house is constructed safely.

Codes keep changing

What's more, said California's Brown, some codes - including the California Code of Regulations - change frequently. Those changes are pushed out to people who purchase official subscriptions, but republishing sites like Malamud's may not be up to date.

Creating and updating the codes that help build safe schools, homes and offices is enormously complicated, said Michael Colopy, spokesman for the International Code Council. And the money from selling codes pays for that process.

"It is ultimately a disservice to the public if in the name of access to so-called free codes the very process that develops and enhances public safety is undermined," Colopy said. "The public is the big loser."

Malamud said he is sympathetic and willing to work with the ICC. But he argued that the ICC must grapple, like many industries, with the way the Internet is disrupting its business model.

"I think there is a lot of ways to keep that going without taking it out on the back of the kid in the pickup truck studying for the plumber's license," he said.

E-mail Matthew B. Stannard at mstannard@sfchronicle.com.

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This article appeared on page B - 1 of the San Francisco Chronicle