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

Filing 164

REPLY in support of motion re #163 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by PUBLIC.RESOURCE.ORG, INC. (This document is SEALED and only available to authorized persons.), #120 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by PUBLIC.RESOURCE.ORG, INC. (This document is SEALED and only available to authorized persons.) filed by PUBLIC.RESOURCE.ORG, INC.. (Attachments: #1 [Redacted] Declaration of Matthew Becker, #2 [Redacted] Consolidated List of Exhibits, #3 [Redacted] Response to Supplemental Statement of Facts, #4 [Redacted] Response to Statement of Disputed Facts, #5 Supplemental Objections to Evidence, #6 Response to Evidentiary Objections, #7 Supplemental Request for Judicial Notice, #8 Supplemental Declaration of Carl Malamud, #9 Exhibit 1, #10 Exhibit 2, #11 Exhibit 3, #12 Exhibit 4, #13 Exhibit 5, #14 Exhibit 6, #15 Exhibit [Redacted] 7, #16 Exhibit 8, #17 Exhibit 9, #18 Exhibit [Redacted] 10, #19 Exhibit [Redacted] 11, #20 Exhibit 12, #21 Exhibit 13, #22 Exhibit 14, #23 Exhibit 15, #24 Exhibit 16, #25 Exhibit 17)(Bridges, Andrew) Modified text on 2/5/2016 (ztd).

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

Case No. 1:13-cv-01215-TSC-DAR

Action Filed: August 6, 2013

AMERICAN SOCIETY OF HEATING,
REFRIGERATING, AND AIR
CONDITIONING ENGINEERS,
Plaintiffs-Counterdefendants,

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

SUPPLEMENTAL DECLARATION OF CARL MALAMUD IN FURTHER SUPPORT
OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

I, Carl Malamud, declare as follows:

1.

I am over the age of 18 years and am fully competent to testify to the matters stated in this
declaration.

2.

This declaration is based on my personal knowledge. If called to do so, I would and could
testify to the matters stated herein.

3.

I am the President and sole employee of Public.Resource.Org, Inc. ("Public Resource"),
which is a 501(c)(3) non-profit corporation headquartered in Sebastopol, California. I have
worked at Public Resource since I founded the organization in 2007. It is my only source of
employment.

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4.

Public Resource does not charge for access to the archive of laws and other government
authored materials on the domains under the public.resource.org website.

5.

In August of 2008, I posted the Alabama Electrical Code, Arkansas Electrical Code, Idaho
Electrical Code, Minnesota Electrical Code, North Carolina Electrical Code, North Dakota
Electrical Code, New Hampshire Electrical Code, Rhode Island Electrical Code, South
Dakota Electrical Code, Utah Electrical Code, and Wyoming Electrical Code to the website
law.resource.org.

6.

Each of these codes contains the unmodified text of the 2008 National Electrical Code.

7.

For instance, the Alabama Electrical Code, Alabama Building Commission Administrative
Code chapter 170-X-2, consists of the complete, unmodified 2008 National Electrical Code
with five pages of Alabama-specific material placed at the front of the document. Attached
to Public Resource's Index of Consolidated Exhibits as Exhibit 16 is a true and correct
copy of the first 34 pages of the Alabama Electrical Code that I posted on the Public
Resource website in August of 2008. Because the entire document is over 800 pages I have
not included it in its entirety, and Public Resource will have the entire document available
at the hearing on Public Resource's Motion for Summary Judgment and requests permission
to lodge it or file it formally at the hearing, instead of putting such a large document on
PACER. The full document will be made available for Plaintiffs to inspect at their request.

I declare under penalty of perjury under the laws of the United States that the foregoing is true
and correct.

Executed this 4th day of February, 2016 at Sebastopol, California.

Carl Malamud

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