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 26

From:
Subject:
Date:
To:
Cc:

Carl Malamud <[e-mail]>
Re: This is a verified DMCA Removal Request from Attributor
January 11, 2013 9:14:47 AM PST
[e-mail]
David Halperin <[e-mail]>

Dear Mr. Siddiqui:
* * * Sent via Electronic Mail and World Wide Web * * *
I am in receipt of your communication of January 13, 2013 in regards to smaccna.hvac.1985.pdf, the HVAC
Air Duct Leakage Test Manual as published by the Sheet Metal and Air Conditioning Contractors National
Association.
The HVAC Air Duct Leakage Test Manual has been incorporated by reference and is legally mandated by
the United States in Title 10 of the Code of Federal Regulations, Section 434.403.2.9.3. The HVAC Air Duct
Leakage Test Manual has also been incorporated by reference and is required by law in Title 19, New York
City Rules and Regulations, Part 1240 as well as Chapter 7676 of the Minnesota Energy Code.
As this document has been incorporated into both Federal and State law, long-standing precedent of the
United States Supreme Court holds that copyright claims cannot prevent citizens from reading, knowing,
and speaking the law. See Wheaton v. Peters, 33 U.S. 591 (1834); Banks v. Manchester, 128 U.S. 244
(1888).
While the standards drafted by the Sheet Metal and Air Conditioning Contractors National Association were
entitled to copyright protection when issued, once incorporated into state or federal law these standards
became the law, and thus have entered the public domain. Chief Judge Edith H. Jones of the 5th Circuit
expressed this principle clearly in her opinion in Veeck v. Southern Building Code Congress, which
concerned a model building code incorporated in the law of two Texas towns:
"The issue in this en banc case is the extent to which a private organization may assert copyright
protection for its model codes, after the models have been adopted by a legislative body and become 'the
law.' Specifically, may a code-writing organization prevent a website operator from posting the text of a
model code where the code is identified simply as the building code of a city that enacted the model code
as law? Our short answer is that as law, the model codes enter the public domain and are not subject to
the copyright holder’s exclusive prerogatives. As model codes, however, the organization’s works retain
their protected status." 293 F.3d 791 (5th Cir. 2002) (en banc).
As you can see by looking at the document in question, a cover sheet has been prepended to clearly spell
out the section of the law--in this case the Code of Federal Regulations--that created the incorporation by
reference into the law. Incorporation into the Code of Federal Regulations is not a casual affair and
requires that the regulator follow a carefully prescribed procedure and that the incorporation by approved
specifically by the Executive Director of the Office of the Federal Register.
The purpose of requiring the HVAC Air Duct Leakage Test Manual is to help promote the public safety. It
was incorporated into the law because the of the high quality and integrity of the work and it is the very
purpose of the law that the citizens should know and follow the requirements. I'm sure you will agree that
our noncommercial posting of these legally mandated regulations helps to inform citizens and promote
the public safety.
I would be happy to discuss this matter further if you wish.

Best regards,
Carl Malamud
Public.Resource.Org
1005 Gravenstein Highway North
Sebastopol, CA 95472
On Jan 10, 2013, at 7:23 PM, [e-mail] wrote:
*** Sent via Email - DMCA Notice of Copyright Infringement ***
Dear Sir/Madam,
I certify under penalty of perjury, that I am an agent authorized to act on behalf of the owner of the
intellectual property rights and that the information contained in this notice is accurate.
I have a good faith belief that the page or material listed below is not authorized by law for use by the
individual(s) associated with the identified page listed below or their agents and therefore infringes the
copyright owner's rights.
I HEREBY DEMAND THAT YOU ACT EXPEDITIOUSLY TO REMOVE OR DISABLE ACCESS TO THE PAGE OR
MATERIAL CLAIMED TO BE INFRINGING.
This notice is sent pursuant to the Digital Millennium Copyright Act (DMCA), the European Union's
Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information
Society (2001/29/EC), and/or other laws and regulations relevant in European Union member states or
other jurisdictions.
My contact information is as follows:
Organization name: Attributor Corporation as agent for Rights Holders listed below
Email: [e-mail]
Phone: [phone]
Mailing address:
119 South B Street
Suite A,
San Mateo, CA 94401
My electronic signature follows:
Sincerely,
/Eraj Siddiqui/
Eraj Siddiqui
Attributor, Inc.
*** INFRINGING PAGE OR MATERIAL ***
Infringing page/material that I demand be disabled or removed in consideration of the above:
Rights Holder: Sheet Metal and Air Conditioning Contractors National Association

Original Work: HVAC Air Duct Leakage Test Manual
Infringing URL: https://law.resource.org/pub/us/cfr/ibr/005/smaccna.hvac.1985.pdf