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

Filing 204

LARGE ADDITIONAL ATTACHMENT(S) to Public Resource's Second Motion for Summary Judgment by PUBLIC.RESOURCE.ORG, INC. 202 MOTION for Summary Judgment filed by PUBLIC.RESOURCE.ORG, INC., 203 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 Public Resources Statement of Disputed Facts, # 2 Public Resources Evidentiary Objections, # 3 Public Resources Request for Judicial Notice, # 4 Declaration Carl Malamud, # 5 Declaration Matthew Becker, # 6 Consolidated Index of Exhibits, # 7 Exhibit 1, # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8, # 15 Exhibit 9, # 16 Exhibit 10, # 17 Exhibit 11, # 18 Exhibit 12, # 19 Exhibit 13, # 20 Exhibit 14, # 21 Exhibit 15, # 22 Exhibit 16, # 23 Exhibit 17, # 24 Exhibit 18, # 25 Exhibit 19, # 26 Exhibit 20, # 27 Exhibit 21, # 28 Exhibit 22, # 29 Exhibit 23, # 30 Exhibit 24, # 31 Exhibit 25, # 32 Exhibit 26, # 33 Exhibit 27, # 34 Exhibit 28, # 35 Exhibit 29, # 36 Exhibit 30, # 37 Exhibit 31, # 38 Exhibit 32, # 39 Exhibit 33, # 40 Exhibit 34, # 41 Exhibit 35, # 42 Exhibit 36, # 43 Exhibit 37, # 44 Exhibit 38, # 45 Exhibit 39, # 46 Exhibit 40, # 47 Exhibit 41, # 48 Exhibit 42, # 49 Exhibit 43, # 50 Exhibit 44, # 51 Exhibit 45, # 52 Exhibit 46, # 53 Exhibit 47, # 54 Exhibit 48, # 55 Exhibit 49, # 56 Exhibit 50, # 57 Exhibit 51, # 58 Exhibit 52, # 59 Exhibit 53, # 60 Exhibit 54, # 61 Exhibit 55, # 62 Exhibit 56, # 63 Exhibit 57, # 64 Exhibit 58, # 65 Exhibit 59, # 66 Exhibit 60, # 67 Exhibit 61, # 68 Exhibit 62, # 69 Exhibit 63, # 70 Exhibit 64, # 71 Exhibit 65, # 72 Exhibit 66, # 73 Exhibit 67, # 74 Exhibit 68, # 75 Exhibit 69, # 76 Exhibit 70, # 77 Exhibit 71, # 78 Exhibit 72, # 79 Exhibit 73, # 80 Exhibit 74, # 81 Exhibit 75, # 82 Exhibit 76, # 83 Exhibit 77, # 84 Exhibit 78, # 85 Exhibit 79, # 86 Exhibit 80, # 87 Exhibit 81, # 88 Exhibit 82, # 89 Exhibit 83, # 90 Exhibit 84, # 91 Exhibit 85, # 92 Exhibit 86, # 93 Exhibit 87, # 94 Exhibit 88, # 95 Exhibit 89, # 96 Exhibit 90, # 97 Exhibit 91, # 98 Exhibit 92, # 99 Exhibit 93, # 100 Exhibit 94, # 101 Exhibit 95, # 102 Exhibit 96, # 103 Exhibit 97, # 104 Certificate of Service)(Bridges, Andrew)

EXHIBIT 8

Article 5 of 6

Financial
NETWORKINGS
Ideas Whose Time for Free Access Has Come
John Schwartz
06/29/1998
The Washington Post
FINAL
Page F20
Copyright 1998, The Washington Post Co. All Rights Reserved

If the World Wide Web could be felt and not just merely surfed, you'd be feeling a very
big rumble in August. That's when technicians will begin connecting one of the largest
single databases ever offered on the Web. It's the official record of the U.S. Patent and
Trademark Office (PTO).
How big a deal is this? Bruce A. Lehman, commissioner of patents and trademarks, put
it to me this way: "This database is the record of technology at this moment in time."
If some unimaginable holocaust were to zap the United States, he said, survivors could
pull the PTO's backup tapes out of the Pennsylvania salt mine where they're stored and
"entirely reproduce all of the technology of the 20th century." And now, he continued,
"we are putting the entire library of the technology of our time on the Web, available
with a few keystrokes."
If you're not impressed yet, you just might need to have another cup of coffee.
But before we say more about this new stuff, let's build up to it by discussing some
very old stuff.
You might think this is a nation built of laws, or of power, or of money. But it's also a
nation of ideas. This whole country, as Abraham Lincoln said at Gettysburg, was
invented because of a "proposition": the once-crazy notion "that all men are created
equal." To ensure the survival of the marketplace of ideas that helped them create the
structure of the new government, the Founding Fathers made freedom of speech the
Constitution's first amendment.
Just as important, they enshrined within that Constitution the notion of protection for
ideas that might make people money through a system of patents and copyrights.
There it is, right there in Article 1, Section 8: Congress shall have the power "to
promote the Progress of Science and useful Arts, by securing for limited Times to
Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
Jefferson, Franklin and many other prominent Americans present at the birth of the
republic were scientists and inventors on the side. They knew the power -- and profit -that can come from an idea. But like all of the great notions at the core of our nation,
the system of patents and copyrights they envisioned was a delicate balancing act: On
the one hand, the person who comes up with ideas deserves a degree of protection. On
the other, those ideas become infinitely more powerful when shared and built upon.
All right. Now let's click forward a couple of hundred years and many millions of patents
later. I was sitting at my desk when the phone bleated its electronic tone. I picked it up
and heard the unmistakably impish voice of Carl Malamud, one of the Internet's more
provocative guys.
Malamud believes that government information belongs to all the people and ought to
be freely available on the Web. He is on one side of a long-standing tug of war with
companies that profit by packaging government information and reselling it to
businesses and consumers.
Through his Internet Multicasting Service, he has had a hand in pushing an incredible
amount of such information into the ether, most notably filings with the Securities and
Exchange Commission, the Federal Election Commission and the Government Printing
Office. He's often helped force those government agencies to take over and improve
the online operations. So whenever Carl calls, I figure I'm in for a pretty interesting

ride.
This time he had his sights set on patents, one of the biggest kahunas out there.
They've long been available by mail and at one of 70 national patent libraries, but he
was agitating to get them online. He was calling me to say he was fed up with waiting.
After Malamud made his frustration known through the New York Times, a
Washington-area Internet entrepreneur anonymously ponied up $500,000 and told
Malamud that he should just do what big business does and buy the patent information
himself -- and then give it away.
Malamud started working round the clock and began quietly telling journalists that his
bare-bones patent Web site would open its virtual doors on July Fourth.
Then last Thursday, Commissioner Lehman made his announcement. First will come
trademark text libraries, in August, followed by trademark images and patent text in
November. Patent images will begin appearing in March 1999. The full text of the 2
million patents dating back to 1976, along with trademarks from the 1800s onward, will
be online, Lehman said, joining 20 years of patent abstracts and full AIDS-related
patent databases that his office already makes available online.
That will be the start, the patent office says. The grand aspiration: that one day every
single patent going all the way back to the beginning will be online.
The new databases will be searchable by key word -- a crucial feature that Malamud
had no plans to provide since he assumed others would jump in to fashion innovative
tools for exploring the trove. "For the first time in history," Lehman told me, "patent
info will really satisfy the intent of the Constitution." Anyone with access to the Web will
be able to share the wealth of the world's creative genius; "Now just-ordinary people
will be able to have that information at their fingertips."
Those who currently profit by reselling patent data still will be able to do so, Lehman
predicts, by finding ways to help users draw needles of usable information out of that
vast haystack of data.
Malamud is withdrawing his Web patent effort, and he praises the Clinton
administration for making this treasure available to us all. "It's a good thing," he said
when we talked. "The intellectual property market is going to change because of this."
Lehman denies that Malamud's campaign figured in what the PTO will now do. Putting
the database on the Web site, he notes, has been in the works for some time and is a
key element of both Vice President Gore's "Reinventing Government" initiative and
Commerce Secretary William M. Daley's efforts to boost electronic commerce.
But before launching the site, the PTO had to first ensure that its patent reviewers had
access to the full database, Lehman said, and then a separate system for the general
public had to be developed to ensure security. These things always take longer than
activists would like. "Like everyone, he wanted it yesterday," Lehman said of Malamud
with a sigh.
However it happened, I'm just overjoyed that this vast data tsunami is going to hit the
Net. I think about people like my pal Scott Campbell, a New York inventor who drives
down to Washington a few times a year to do patent research, who now will be able to
do much of that work from his home.
I think of high school students who might someday be inspired by examining online the
images of Thomas Edison's patent application for the first phonograph. I'm wondering
what ideas will be sparked by their searches.
And I know that somewhere, the Founders are smiling.
Schwartz can be reached at [e-mail]
Places to Go
The U.S. Patent and Trademark Office can be found at http://www.uspto.gov/. You can
read Lehman's announcement of the online patent initiative at http://www.uspto.gov/
web/offices/com/speeches/aba9806.htm.