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

Filing 210

Unopposed MOTION for Leave to File Second Amicus Brief by AMERICAN NATIONAL STANDARDS INSTITUTE, INC. (Attachments: # 1 Exhibit Amicus Brief)(Hochman Rothell, Bonnie) Modified text on 12/6/2019 (ztd).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

AMERICAN SOCIETY FOR TESTING AND
MATERIALS d/b/a ASTM
INTERNATIONAL, et al.
Plaintiffs,
v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant.

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Civil Action No. 1:13-cv-01215-TSC

UNOPPOSED MOTION FOR LEAVE TO FILE
SECOND AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFFS’ SECOND
MOTION FOR SUMMARY JUDGMENT
The American National Standards Institute, Inc. (“ANSI”), International Association of
Plumbing & Mechanical Officials (“IAPMO”), National Electrical Manufacturers Association
(“NEMA”), and North American Energy Standards Board (“NAESB”), respectfully move for
leave to file a second amicus curiae brief in support of the Second Motion for Summary
Judgment filed by the Plaintiffs in the above-referenced matter.
1.

ANSI is a not-for-profit membership organization that, for more than 97 years, has

administered and coordinated the voluntary standardization system in the United States.
Comprised of government agencies, organizations, companies, consumer groups, academic, and
international bodies, ANSI represents the interests of more than 125,000 companies and 3.5
million professionals and hundreds of standards developing organizations (“SDO” or “SDOs”).
ANSI regularly represent the interests of its members in matters before Congress, the Executive
Branch and the courts by sharing its expertise relating to the intersection of standards and

copyright law, through Congressional testimony, responses to Federal Agency solicitations and
prior amicus filings.
2.

ANSI and its SDO members, have a substantial interest in the outcome of this case. The

copyrighted standards at issue are part of a large and important ecosystem of creative works
developed by not-for-profit SDOs. These SDOs create and maintain at their own substantial
expense their copyrighted standards and make them available to interested parties, government
regulators, and the public at large. Loss of copyright protection for these works would drastically
undermine the ability of these organizations to fund the ongoing creation and updating of these
important works, and would therefore harm the governments and the public who benefit from
and rely on their work. ANSI and the other amici are uniquely suited to address and explain the
policy and legal implications that would arise from a loss of copyright protection on SDOauthored works incorporated by reference into Federal regulations.
3.

This Court has allowed amicus curiae participation when the amicus “has unique

information or perspective that can help the court beyond the help that the lawyers for the parties
are able to provide.” Jin v. Ministry of State Security, 557 F. Supp. 2d 131, 137 (D.D.C. 2008)
(quoting Ryan v. Commodity Futures Trading Comm’n, 125 F.3d 1062, 1064 (7th Cir. 1997));
Cobell v. Norton, 246 F. Supp. 2d 59, 62 (D.D.C. 2003). Given ANSI’s role as the national
coordinating body that facilitates the standards-development system in the United States by
accrediting standards developers, ANSI’s (and its accredited SDO’s) unique perspective will
help the court in understanding the context of the current debate as well as the implications for
the SDO community of a decision in this case that would abrogate copyright protection for the
important works of SDOs.

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4.

The Court authorized the filing of amicus curiae briefs in this matter by its October 2,

2019 Minute Order setting a filing deadline of November 25, 2019 which was subsequently
amended to December 6, 2019.
DATED:

December 6, 2019

Respectfully Submitted,

CARTER LEDYARD & MILBURN LLP

MORRIS, MANNING & MARTIN, LLP

/s/ Gerald W. Griffin
___
Gerald W. Griffin
(Admitted Pro Hac Vice)
2 Wall Street
New York, NY 10005
[e-mail]
Telephone: [phone]
Facsimile: [phone]

/s/ Bonnie Y. Hochman Rothell
Bonnie Y. Hochman Rothell
D.C. Bar # 421606
1401 Eye Street, N.W., Suite 600
Washington, D.C. 20005
[e-mail]
Telephone: [phone]
Facsimile: [phone]

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