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)
1
2
3
4
5
6
7
CORYNNE MCSHERRY (SBN 221504)
corynne@eff.org
MATTHEW ZIMMERMAN (SBN 212423)
mattz@eff.org
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
Telephone: (415) 436-9333
Facsimile: (415) 436-9993
DAVID HALPERIN (admitted pro hac vice)
davidhalperindc@gmail.com
1530 P Street NW
Washington, DC 20005
8
9
10
LAW
AT
SAN FRA NCI S CO
12
ATTO RNEY S
F ENWICK & W ES T LLP
11
13
ANDREW P. BRIDGES (SBN 122761)
abridges@fenwick.com
JAMES J. VARELLAS III (SBN 253633)
jvarellas@fenwick.com
KATHLEEN LU (SBN 267032)
klu@fenwick.com
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: 415.875.2300
Facsimile: 415.281.1350
14
15
Attorneys for Plaintiff
PUBLIC.RESOURCE.ORG
16
17
UNITED STATES DISTRICT COURT
18
NORTHERN DISTRICT OF CALIFORNIA
19
SAN FRANCISCO DIVISION
20
21
PUBLIC.RESOURCE.ORG,
Plaintiff,
22
23
Case No.: 3:13-cv-00815 SC
[PROPOSED] ORDER GRANTING
MOTION FOR DEFAULT JUDGMENT
v.
25
SHEET METAL AND AIR CONDITIONING
CONTRACTORS’ NATIONAL
ASSOCIATION, INC.,
26
Defendant.
24
27
28
[PROPOSED] ORDER
Case No.: 3:13-cv-00815 SC
1
THIS COURT FINDS THAT:
2
(a)
The United States government expressly incorporated the HVAC Air Duct
3
Leakage Test Manual, 1st edition, 1985 (Dkt. No. 1, Ex. A), as RS-35, into a federal regulation
4
issued in 2000 by the United States Department of Energy. 10 CFR §§ 434.403.2.9.3, 434.701
5
Multiple states have also incorporated the HVAC Air Duct Leakage Test Manual, 1st edition,
6
1985, into their laws.
7
8
9
10
(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:
12
ATTO RNEY S
F ENWICK & W ES T LLP
11
1.
This Court declares, pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201,
13
that the HVAC Air Duct Leakage Test Manual, 1st edition, 1985, incorporated as
14
RS-35 into the Code of Federal Regulations, see 10 CFR §§ 434.403.2.9.3,
15
434.701, is public domain material under the Copyright Act of the United States of
16
America, the United States Constitution, and judicial decisions construing such
17
laws, doctrines, and provisions.
18
2.
This Court enjoins SMACNA, its agents, attorneys, and assigns from asserting any
19
copyright claim against Public.Resource.org, Inc., in connection with the HVAC
20
Air Duct Leakage Test Manual, 1st edition, 1985, now and in the future.
21
3.
Public.Resource.org,
Inc.,
is
awarded
costs
of
suit
incurred
herein.
22
Public.Resource.org, Inc., is also awarded its reasonable attorneys’ fees, the
23
amount to be determined by subsequent proceeding.
24
IT IS SO ORDERED this ___ day of ________, 2013.
25
26
Hon. Samuel Conti
United States District Judge
27
28
[PROPOSED] ORDER
2
Case No.: 3:13-cv-00815 SC
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?