AMERICAN SOCIETY FOR TESTING AND MATERIALS et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 136

Unopposed MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Summary Judgment by International Code Council, Inc. (Attachments: #1 Text of Proposed Order)(Onorato, Anthony)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN SOCIETY FOR TESTING AND
MATERIALS d/b/a ASTM
INTERNATIONAL, et al.
Plaintiffs,

Civil Action No. 1:13-cv-01215-TSC
UNOPPOSED MOTION FOR LEAVE
TO FILE AMICUS CURIAE BRIEF IN
SUPPORT OF PLAINTIFFS’ MOTION
FOR SUMMARY JUDGMENT

v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant.

The International Code Council, Inc. (“ICC”) respectfully submits this motion for leave
to file an amicus brief pursuant to LCvR 7(o)(2).
1.

The ICC is an association dedicated to developing model codes and standards

used in the design, build and compliance process to construct safe, sustainable, affordable and
resilient structures. Most U.S. communities and many global markets choose the International
Codes. The International Codes®, or I-Codes®, published by ICC, provide minimum safeguards
for people at home, at school and in the workplace. The I-Codes are a complete set of
comprehensive, coordinated building safety and fire prevention codes. Building codes benefit
public safety and support the industry’s need for one set of codes without regional limitations.
Fifty states and the District of Columbia have adopted the I-Codes at the state or jurisdictional
level. Federal agencies including the Architect of the Capitol, General Services Administration,
National Park Service, Department of State, U.S. Forest Service and the Veterans Administration
also enforce the I-Codes. The Department of Defense references the International Building
Code® for constructing military facilities, including those that house U.S. troops around the
world and at home. Amtrak uses the International Green Construction Code® for new and

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extensively renovated sites and structures. Puerto Rico and the U.S. Virgin Islands enforce one
or more of the I-Codes.
2.

ICC seeks to submit an amicus brief in support of the Motion for Summary

Judgment (DE 118) filed by the Plaintiffs in the above-referenced matter.
3.

ICC and its members have a strong interest in the outcome of this case and

ensuring that ICC retains the copyright rights to the codes that ICC develops and publishes. Like
any copyright owner who earns their living by creating copyrighted works, ICC must be able to
receive revenue from the I-Codes in order to sustain its operations. Loss of copyright protection
for the works created by ICC would drastically undermine the ability of ICC to fund the ongoing
creation and updating of these important works, and would therefore harm the public and the
governments who benefit from and rely on the ICC works.
4.

ICC is, like the Plaintiffs in this case, a Standards Development Organization

(“SDO”). However, ICC believes there are nuanced differences between the processes, markets,
history, and impact of ICC and the Plaintiffs such that the Plaintiffs do not adequately represent
all of the interests of ICC. However, the determination by this court of the Plaintiffs’ interests
will impact the ICC. Thus, ICC believes it can provide the court with a unique perspective
relevant to the disposition of this case.
5.

This Court has permitted amicus briefing where the amicus “has unique

information or perspective that can help the court beyond the help that the lawyers for the parties
are able to provide.” E.g., Jin v. Ministry of State Security, 557 F. Supp. 2d 131, 137 (D.D.C.
2008) (quoting Ryan v. Commodity Futures Trading Comm'n, 125 F.3d 1062, 1064 (7th Cir.
1997); Cobell v. Norton, 246 F. Supp. 2d 59, 62 (D.D.C. 2003). ICC’s unique role among SDOs
is through ICCs public-private partnership in the development of cutting edge, comprehensive

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codes and standards for the built environment. The works of ICC promote the construction by
citizens and governments of safe, sustainable, affordable and resilient structures. This unique
perspective will help the court in understanding the context of the threats this case presents to
citizens and governments to the safety of the built environment were the court to revoke the
copyright rights of ICC and other SDOs.
6.

The Parties have previously agreed that they will not oppose any amicus filing in

support of either side. See Joint Report on Proposed Summary Judgment Briefing Schedule,
dated October 30, 2015. Counsel for ICC conferred with counsel for Defendants and they have
agreed not to oppose this motion or the filing of an amicus brief. A proposed order is included
herewith.
DATED: January 8, 2016

Respectfully submitted,
/s/ Alan S. Wernick
Alan S. Wernick (D.C. Bar: 410058)
(Pro Hac Vice Admission Pending)
FISHERBROYLES LLP
203 North LaSalle Street, Suite 2100
Chicago, IL 60601
[e-mail]
Telephone: [phone]
Facsimile: [phone]
/s/ Anthony Onorato
Anthony A. Onorato (D.D.C. Bar #482074)
FISHERBROYLES LLP
445 Park Avenue, Ninth Floor
New York, NY 10022
[e-mail]
Telephone: [phone]
Facsimile: [phone]

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CORPORATE DISCLOSURE CERTIFICATION
Pursuant to Federal Rule of Civil Procedure 7.1 and LCvR 7.1, Anthony Onorato, the
undersigned counsel of record for ICC, certifies that to the best of his knowledge and belief, that
ICC does not have parent companies, subsidiaries or affiliates with any outstanding securities in
the hands of the public. This representation is made to enable the judges of this Court to
determine the need for recusal.

DATED: January 8, 2016

Respectfully submitted,
/s/ Anthony Onorato
Anthony A. Onorato
FISHERBROYLES LLP
445 Park Avenue, Ninth Floor
New York, NY 10022
[e-mail]
Telephone: [phone]
Facsimile: [phone]

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CERTIFICATE OF SERVICE
I certify that on January 8, 2016, I caused a true and correct copy of the foregoing
Unopposed Motion For Leave To File Amicus Curiae Brief In Support Of Plaintiffs’ Motion For
Summary Judgment, Corporate Disclosure Certification, and Proposed Order to be served on all
parties of record via the Court’s CM/ECF system.

/s/ Anthony Onorato______
Anthony A. Onorato

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