AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 138

LARGE ADDITIONAL ATTACHMENT(S) by PUBLIC.RESOURCE.ORG, INC. 136 Second MOTION for Summary Judgment filed by PUBLIC.RESOURCE.ORG, INC., 137 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 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Errata 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38 FILED UNDER SEAL, # 39 Exhibit 39 FILED UNDER SEAL, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49 FILED UNDER SEAL, # 50 Exhibit 50 FILED UNDER SEAL, # 51 Exhibit 51 FILED UNDER SEAL, # 52 Exhibit 52 FILED UNDER SEAL, # 53 Exhibit 53 FILED UNDER SEAL, # 54 Exhibit 54 FILED UNDER SEAL, # 55 Exhibit 55 FILED UNDER SEAL, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58 FILED UNDER SEAL, # 59 Exhibit 59 FILED UNDER SEAL, # 60 Exhibit 60 FILED UNDER SEAL, # 61 Exhibit 61 FILED UNDER SEAL, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69 FILED UNDER SEAL)(Bridges, Andrew)

EXHIBIT 27

Case3:13-cv-00815-SC Document39 Filed07/09/13 Page1 of 4

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CORYNNE MCSHERRY (SBN 221504)
[e-mail]
MATTHEW ZIMMERMAN (SBN 212423)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
Telephone: [phone]
Facsimile: [phone]
DAVID HALPERIN (Admitted Pro Hac Vice)
[e-mail]
1530 P Street NW
Washington, DC 20005

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MOUNTAIN VIEW

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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ANDREW P. BRIDGES (SBN 122761)
[e-mail]
JAMES J. VARELLAS III (SBN 253633)
[e-mail]
KATHLEEN LU (SBN 267032)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile:
415.281.1350

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Attorneys for Plaintiff
PUBLIC.RESOURCE.ORG

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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PUBLIC.RESOURCE.ORG,

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STIPULATION AND [PROPOSED]
JUDGMENT

Plaintiff,

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Case No.: 3:13-cv-00815 SC

v.
SHEET METAL AND AIR CONDITIONING
CONTRACTORS’ NATIONAL
ASSOCIATION, INC.,
Defendant.

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STIPULATION AND [PROPOSED]
JUDGMENT

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Case No.: 3:13-cv-00815 SC

Case3:13-cv-00815-SC Document39 Filed07/09/13 Page2 of 4

STIPULATION

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Pursuant to settlement, Plaintiff Public.Resource.Org (“Public Resource”) and Defendant

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Sheet Metal and Air Conditioning Contractors’ National Association, Inc. (“SMACNA”)

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(collectively, the “Parties”) stipulate to entry of the [Proposed] Judgment below. The parties

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hereby waive all rights of appeal, reconsideration, or alteration or amendment of the judgment if

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the Court enters it as they mutually request.

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Dated: July 8, 2013

FENWICK & WEST LLP

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By: /s/ Andrew P. Bridges
Andrew P. Bridges
Attorneys for Plaintiff
PUBLIC.RESOURCE.ORG, INC.

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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Dated: July 8, 2013

MORRISON & FOERSTER LLP

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By: /s/ Nicholas S. Napolitan
Nicholas S. Napolitan

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Attorneys for Defendant
SHEET METAL AND AIR CONDITIONING
CONTRACTORS’ NATIONAL
ASSOCIATION, INC.

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STIPULATION AND [PROPOSED]
JUDGMENT

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Case No.: 3:13-cv-00815 SC

Case3:13-cv-00815-SC Document39 Filed07/09/13 Page3 of 4

[PROPOSED] JUDGMENT

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The Court hereby adjudges and decrees as follows:
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Defendant Sheet Metal and Air Conditioning Contractors’ National Association,

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Inc. (“SMACNA”) shall not sue (i) Plaintiff Public.Resource.Org (“Public Resource”) or its

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personnel, successors, or affiliates; or (ii) any person or entity that has obtained or will obtain any

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portion of the Publications through means that in any way involved or involves Public Resource

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or its personnel, successors, or affiliates; for any conduct relating to the following documents:

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(a) SMACNA Publication Fibrous Glass Duct Construction Standards (RS-36)
1992 Edition;

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(b) SMACNA Publication Energy Recovery Equipment and Systems, Air-to-Air
1978 Edition;

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(c) SMACNA Publication HVAC Air Duct Leakage Test Manual (RS-35) 1985
Edition; and

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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(d) SMACNA Publication HVAC Duct Construction Standards -- Metal and
Flexible (RS-34) 1995 Edition;

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2.

Defendant SMACNA shall not make any future assertion or representation that it

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claims any copyright interest in the following documents:
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(a) SMACNA Publication Fibrous Glass Duct Construction Standards (RS-36)
1992 Edition;

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(b) SMACNA Publication Energy Recovery Equipment and Systems, Air-to-Air
1978 Edition;

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(c) SMACNA Publication HVAC Air Duct Leakage Test Manual (RS-35) 1985
Edition; and

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(d) SMACNA Publication HVAC Duct Construction Standards -- Metal and
Flexible (RS-34) 1995 Edition;

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3.

The obligations of Defendant SMACNA shall bind SMACNA’s successors in

interest;
4.

Public Resource shall not sue SMACNA or its personnel, successors, or affiliates

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for any cause of action related to any manual, standard, document, or material SMACNA claims

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or has claimed a copyright in, for a period of two (2) years, unless SMACNA or an assignee of

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SMACNA sues PRO or an agent or affiliate of PRO;
STIPULATION AND [PROPOSED]
JUDGMENT

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Case No.: 3:13-cv-00815 SC