UO economics professor illegally distributes guide to Oregon public record laws online

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Patrick Vroman

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Sep 26, 2009, 12:37:21 AM9/26/09
to Oregon Transparency Taskforce
Here's some interesting news relevant to our interests. Apologies for
any factual errors; this news just popped up on my radar.

The Oregon Department of Justice (DOJ) publishes the Oregon Attorney
General's Public Records and Meetings Manual, a 326-page guide to the
state's public records act, charging $25 for a copy. The DOJ owns
copyright to this publication and does not let anyone distribute it
without permission.

Bill Harbaugh, an economics professor at the University of Oregon
(UO), has attempted to obtain a copy of the DOJ's ethics investigation
of Special Assistant Attorney General (AG) Melinda Grier. He asked the
DOJ for a PDF copy of the manual so he could figure out how to get the
DOJ to release their documents related to said ethics investigation.
He was told he'd have to buy the manual, and he couldn't redistribute
it because it is copyrighted by the state.

Shocked at the irony that a guide to public record laws is not freely
available, he checked out a copy of the manual from the UO Law
Library, scanned it, and posted it on his official UO homepage. Then
he informed Attorney General John Kroger that he illegally distributed
it and practically dared him to do something about it.

Here's the webpage in question: http://harbaugh.uoregon.edu/ORDOJ_PR_Manual/

Other relevant links:
http://yro.slashdot.org/story/09/09/16/1925206/Professor-Posts-Illegal-Copy-of-Guide-to-Oregon-Public-Record-Laws
http://blog.oregonlive.com/mapesonpolitics/2009/09/a_smackdown_over_oregon_public.html
http://openuporegon.blogspot.com/2009/09/oregon-attorney-generals-public-records.html

Robb

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Sep 26, 2009, 1:12:41 AM9/26/09
to Oregon Transparency Taskforce
This is a really interesting issue, but I'm skeptical about Harbaugh's
claims:

"Meanwhile, Jeff Mapes of the Oregonian reports that Attorney General
Kroger is now considering what action to take against me for illegally
redistributing this public records manual."

I followed the link to the Mapes article, and no such thing is
mentioned. http://blog.oregonlive.com/mapesonpolitics/2009/09/a_smackdown_over_oregon_public.html


"Kroger is not going to take any action against me. His spokesperson
Tony Green is soon going to stop answering calls about this. Kroger is
never going to do anything to improve access to Oregon's public
records, and he is going to blame this on the legislature, claiming he
is powerless to act."

I think this is unwarranted.

Robb



On Sep 25, 9:37 pm, Patrick Vroman <athelw...@gmail.com> wrote:
> Here's some interesting news relevant to our interests. Apologies for
> any factual errors; this news just popped up on my radar.
>
> The Oregon Department of Justice (DOJ) publishes the Oregon Attorney
> General's Public Records and Meetings Manual, a 326-page guide to the
> state's public records act, charging $25 for a copy. The DOJ owns
> copyright to this publication and does not let anyone distribute it
> without permission.
>
> Bill Harbaugh, an economics professor at the University of Oregon
> (UO), has attempted to obtain a copy of the DOJ's ethics investigation
> of Special Assistant Attorney General (AG) Melinda Grier. He asked the
> DOJ for a PDF copy of the manual so he could figure out how to get the
> DOJ to release their documents related to said ethics investigation.
> He was told he'd have to buy the manual, and he couldn't redistribute
> it because it is copyrighted by the state.
>
> Shocked at the irony that a guide to public record laws is not freely
> available, he checked out a copy of the manual from the UO Law
> Library, scanned it, and posted it on his official UO homepage. Then
> he informed Attorney General John Kroger that he illegally distributed
> it and practically dared him to do something about it.
>
> Here's the webpage in question:http://harbaugh.uoregon.edu/ORDOJ_PR_Manual/
>
> Other relevant links:http://yro.slashdot.org/story/09/09/16/1925206/Professor-Posts-Illega...http://blog.oregonlive.com/mapesonpolitics/2009/09/a_smackdown_over_o...http://openuporegon.blogspot.com/2009/09/oregon-attorney-generals-pub...

Rick V

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Sep 26, 2009, 1:33:54 AM9/26/09
to oregon-transpa...@googlegroups.com
Mapes reports: "Green said the AG's office hasn't yet decided how to respond to Harbaugh's action." Which appears to be only very slightly different from the claim, "The AG's office is now considering what action to take against me." Harbaugh apparently implies that Mapes said Kroger would take action but hasn't decided what form of action, when in fact Mapes seems to say Kroger is deciding whether or not to take action. A fine distinction.

I agree that whining about Kroger's possible future (in)actions before he takes them, as Harbaugh does, is unwarranted, even uncivil.

Loaded Orygun

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Sep 26, 2009, 8:25:56 PM9/26/09
to oregon-transpa...@googlegroups.com, oregon-transpa...@googlegroups.com
It would seem like our current AG is not really one to play chicken games with. I think Professor will regret that gambit eventually...

Pete Forsyth

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Sep 26, 2009, 8:56:50 PM9/26/09
to oregon-transpa...@googlegroups.com

This is a freat find, thanks for posting it, Patrick.

I've talked to Kroger in the past about this sort of thing, and my sense is that he is very friendly, in general, to removing unnecessary copyright from public records. I believe IP is a major area of interest for him. This may be a good moment for members of this group to reach out to him or his office.

Pete

On Sep 26, 2009 5:25 PM, "Loaded Orygun" <loaded...@gmail.com> wrote:

It would seem like our current AG is not really one to play chicken games with. I think Professor will regret that gambit eventually...

On Sep 25, 2009, at 10:33 PM, Rick V <athe...@gmail.com> wrote: > Mapes reports: "Green said ...


Loaded Orygun

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Sep 27, 2009, 12:30:31 AM9/27/09
to oregon-transpa...@googlegroups.com
I'd not disagree with that, but is this the right way to get that done, was my wonder. I don't think the method will appeal.
--
LoadedOrygun--Oregon's Progressive Community
http://loadedorygun.net

Pete Forsyth

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Sep 29, 2009, 7:32:25 PM9/29/09
to oregon-transpa...@googlegroups.com

Well, it's not like "we" are associated with the pro's action in any way...

On Sep 26, 2009 9:30 PM, "Loaded Orygun" <loaded...@gmail.com> wrote:

I'd not disagree with that, but is this the right way to get that done, was my wonder. I don't think the method will appeal.

On Sat, Sep 26, 2009 at 5:56 PM, Pete Forsyth <petef...@mac.com> wrote: > > This is a freat fin...

--
LoadedOrygun--Oregon's Progressive Community
http://loadedorygun.net

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