Public.Resource.org v. Sheet Metal and Air Conditioning Contractors' National Association, Inc.

Filing 23

Proposed Order re 22 MOTION for Default Judgment by the Court as to Defendant Sheet Metal and Air Conditioning Contractors' National Association, Inc. by Public.Resource.org. (Bridges, Andrew) (Filed on 5/29/2013)

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CORYNNE MCSHERRY (SBN 221504)
[e-mail]
MATTHEW ZIMMERMAN (SBN 212423)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
Telephone: [phone]
Facsimile: [phone]
DAVID HALPERIN (admitted pro hac vice)
[e-mail]
1530 P Street NW
Washington, DC 20005

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LAW
AT

SAN FRA NCI S CO

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ATTO RNEY S

F ENWICK & W ES T LLP

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ANDREW P. BRIDGES (SBN 122761)
[e-mail]
JAMES J. VARELLAS III (SBN 253633)
[e-mail]
KATHLEEN LU (SBN 267032)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415.281.1350

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Attorneys for Plaintiff
PUBLIC.RESOURCE.ORG

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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PUBLIC.RESOURCE.ORG,
Plaintiff,

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Case No.: 3:13-cv-00815 SC
[PROPOSED] ORDER GRANTING
MOTION FOR DEFAULT JUDGMENT

v.

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SHEET METAL AND AIR CONDITIONING
CONTRACTORS’ NATIONAL
ASSOCIATION, INC.,

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Defendant.

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[PROPOSED] ORDER

Case No.: 3:13-cv-00815 SC

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THIS COURT FINDS THAT:

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(a)

The United States government expressly incorporated the HVAC Air Duct

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Leakage Test Manual, 1st edition, 1985 (Dkt. No. 1, Ex. A), as RS-35, into a federal regulation

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issued in 2000 by the United States Department of Energy. 10 CFR §§ 434.403.2.9.3, 434.701

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Multiple states have also incorporated the HVAC Air Duct Leakage Test Manual, 1st edition,

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1985, into their laws.

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(b)

The federal and state governments thereby incorporated the HVAC Air Duct

Leakage Test Manual, 1st edition, 1985, into their respective laws.
(d)

The law is in the public domain and thus not protected by copyright. No claim of

copyright can prohibit citizens from reading or speaking their own laws.

LAW
AT

SAN FRA NCI S CO

THEREFORE:

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ATTO RNEY S

F ENWICK & W ES T LLP

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1.

This Court declares, pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201,

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that the HVAC Air Duct Leakage Test Manual, 1st edition, 1985, incorporated as

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RS-35 into the Code of Federal Regulations, see 10 CFR §§ 434.403.2.9.3,

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434.701, is public domain material under the Copyright Act of the United States of

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America, the United States Constitution, and judicial decisions construing such

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laws, doctrines, and provisions.

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2.

This Court enjoins SMACNA, its agents, attorneys, and assigns from asserting any

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copyright claim against Public.Resource.org, Inc., in connection with the HVAC

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Air Duct Leakage Test Manual, 1st edition, 1985, now and in the future.

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3.

Public.Resource.org,

Inc.,

is

awarded

costs

of

suit

incurred

herein.

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Public.Resource.org, Inc., is also awarded its reasonable attorneys’ fees, the

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amount to be determined by subsequent proceeding.

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IT IS SO ORDERED this ___ day of ________, 2013.

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Hon. Samuel Conti
United States District Judge

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[PROPOSED] ORDER

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Case No.: 3:13-cv-00815 SC