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

Filing 140

MOTION for Leave to File Amicus Curiae Brief by AMERICAN LIBRARY ASSOCIATION, KNOWLEGE ECOLOGY INTERNATIONAL, PUBLIC KNOWLEDGE (Attachments: #1 Exhibit Amicus Curiae Brief, #2 Text of Proposed Order Proposed Order, #3 Exhibit Corporate Disclosure Statement)(Duan, Charles)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN SOCIETY FOR TESTING
AND MATERIALS d/b/a/ ASTM
INTERNATIONAL;
NATIONAL FIRE PROTECTION
ASSOCIATION, INC.; and
AMERICAN SOCIETY OF HEATING,
REFRIGERATING, AND AIR
CONDITIONING ENGINEERS,

No. 1:13-cv-1215 (TSC/DAR)

Plaintiffs/Counter-Defendants,
v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant/Counter-Plaintiff.

MOTION OF PUBLIC KNOWLEDGE, KNOWLEDGE ECOLOGY INTERNATIONAL,
AND THE AMERICAN LIBRARY ASSOCIATION FOR LEAVE TO FILE A BRIEF OF
AMICI CURIAE
Proposed amici curiae Public Knowledge, Knowledge Ecology International, and the American
Library Association hereby move for leave to file a brief in the present case in support of Defendant.
The proposed brief is attached to this motion. All parties have granted blanket consent for the filing
of amicus curiae briefs in this case. See Joint Report Proposed Summ. J. Briefing Schedule 4, Oct.
30, 2015 (Doc. No. 114); Minute Order Setting Briefing Schedule, Nov. 4, 2015.
Amici are nonprofit organizations with substantial interests and expertise in copyright law and
policy, as described in the Interest of Amici Curiae section of the tendered brief. All of the organizations share a common interest in preserving the public’s access to important knowledge, and
knowledge of the law is paramount among these interests. Amici have regularly filed briefs in cases

Rev. 8c93107e

advocating the position of the public interest in intellectual property law, and their briefs have been
relied upon and approvingly cited by courts.
Participation of amici is important in the present case due to the effects for the public that
this case will have. Plaintiffs contend that they may maintain copyright over, and thus may restrain
access at will to, the exact texts of law and regulation that govern United States citizens. A decision
that such copyright is present and enforceable would severely burden the public’s ability to know,
understand, and communicate the law. This critical public interest deserves representation before
this Court.
Furthermore, this public interest perspective is substantially unique and distinct from those of
the parties to the case. While Public Resource speaks from the point of view of one who publish
legal texts, amici represent the views of those who read and use legal texts. Accordingly, representation of that public perspective is crucial to this Court’s understanding of the case, and the tendered
brief will thus be useful to this Court.
For at least the foregoing reasons, amici submit that the tendered brief is desirable, that the
positions therein are not adequately represented by a party, and that the matters asserted are relevant
to the disposition of the case. Leave to file is respectfully requested.

Respectfully submitted,
Dated: January 11, 2016

/s/ Charles Duan
Charles Duan (D.C. Bar No. 1013998)
Public Knowledge
1818 N Street NW, Suite 410
Washington, DC 20036
[phone]
[e-mail]
Counsel for amici curiae

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CERTIFICATE OF SERVICE
I hereby certify that on January 11, 2016, I caused the foregoing Motion of Public Knowledge,
Knowledge Ecology International, and the American Library Association for Leave to File a
Brief of Amici Curiae to be electronically filed with the Clerk of the Court using CM/ECF, which
will automatically send email notification of such filing to all counsel of record.

Dated: January 11, 2016

/s/ Charles Duan
Charles Duan
Counsel for amici curiae

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