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 28

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ANSI Launches Online Portal for Standards Incorporated by Reference
Website Provides Free, Read-Only Access to Private-Sector Documents That Have Been Incorporated into U.S.
Government Regulations

New York, Oct 28, 2013
The American National Standards Institute (ANSI) is proud to
announce the official launch of the ANSI IBR Portal, an online tool for
free, read-only access to voluntary consensus standards that have
been incorporated by reference (IBR) into federal laws and regulations.
In recent years, issues related to IBR have commanded increased
attention, particularly in connection to requirements that standards that
have been incorporated into federal laws and regulations be
“reasonably available” to the U.S. citizens and residents affected by
these rules. This requirement had led some to call for the invalidation of copyrights for IBR standards. Others
have posted copyrighted standards online without the permission of the organizations that developed them,
triggering legal action from standards developing organizations (SDOs).
“In all of our discussions about the IBR issue, the question we are trying to answer is simple. Why aren’t
standards free? In the context of IBR, it’s a valid point to raise,” said S. Joe Bhatia, ANSI president and CEO. “A
standard that has been incorporated by reference does have the force of law, and it should be available. But the
blanket statement that all IBR standards should be free misses a few important considerations.”
As coordinator of the U.S. standardization system, ANSI has taken a lead role in informing the public about the
reality of free standards, the economics of standards setting, and how altering this infrastructure will undermine
U.S. competitiveness. Specifically, the loss of revenue from the sale of standards could negatively impact the
business model supporting many SDOs – potentially disrupting the larger U.S. and international standardization
system, a major driver of innovation and economic growth worldwide. In response to concerns raised by ANSI
members and partner organizations, government officials, and other stakeholders, ANSI began to develop its
IBR Portal, with the goal of providing a single solution to this significant issue that also provides SDOs with the
flexibility they require to safeguard their ability to develop standards.
IBR standards hosted on the portal are available exclusively as read-only files. In order to protect the intellectual
property rights of the groups holding these standards’ copyrights, the portal has built in security features that
prevent users from printing, downloading, or transferring any of the posted standards; in addition, screenshots
will be disabled and the standards will contain an identifying watermark.
For this first phase of the portal, ANSI has secured the participation of thirteen major domestic and international

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standards developers. Those that have agreed to have their IBR standards directly available on the ANSI IBR
Portal include:
the International Organization for Standardization (ISO);
the International Electrotechnical Commission (IEC);
the Association of Home Appliance Manufacturers (AHAM);
the American Welding Society (AWS);
the International Association of Plumbing and Mechanical Officials (IAPMO); and
the Illuminating Engineering Society (IES)
In addition, seven SDOs have agreed to allow the portal to provide direct links to read-only versions of IBR
standards hosted on their own websites. Those organizations are:
the American Petroleum Institute (API);
APA - The Engineered Wood Association;
ASHRAE;
MSS – the Manufacturers Standardization Society;
NACE International - the Corrosion Society;
the National Fire Protection Association (NFPA); and
UL (Underwriters Laboratories).
With the launch of Phase I of the portal, ANSI expects that many more SDOs – both in and outside the
community of ANSI-accredited standards developers – will sign on to participate.
“Time and again, we heard that there is demand for a single solution, to make it easy for those affected by any
piece of legislation to view the related IBR standards. But at the same time, there is also a strong need to allow
for flexibility, so that each SDO can provide reasonable access in the way that makes sense for their business
model and doesn’t undermine their ability to function,” said Mr. Bhatia. “We believe that the ANSI IBR Portal does
all that. And as coordinator of the U.S. standardization system, we are very proud to present this solution.”
To view the ANSI IBR Portal, visit ibr.ansi.org.

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