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
1
2
3
4
5
6
7
CORYNNE MCSHERRY (SBN 221504)
corynne@eff.org
MATTHEW ZIMMERMAN (SBN 212423)
mattz@eff.org
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
Telephone: (415) 436-9333
Facsimile: (415) 436-9993
DAVID HALPERIN (Admitted Pro Hac Vice)
davidhalperindc@gmail.com
1530 P Street NW
Washington, DC 20005
8
9
10
MOUNTAIN VIEW
12
ATTORNEYS AT LAW
F ENWICK & W EST LLP
11
13
ANDREW P. BRIDGES (SBN 122761)
abridges@fenwick.com
JAMES J. VARELLAS III (SBN 253633)
jvarellas@fenwick.com
KATHLEEN LU (SBN 267032)
klu@fenwick.com
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: 415.875.2300
Facsimile:
415.281.1350
14
15
Attorneys for Plaintiff
PUBLIC.RESOURCE.ORG
16
17
UNITED STATES DISTRICT COURT
18
NORTHERN DISTRICT OF CALIFORNIA
19
SAN FRANCISCO DIVISION
20
21
PUBLIC.RESOURCE.ORG,
24
25
26
STIPULATION AND [PROPOSED]
JUDGMENT
Plaintiff,
22
23
Case No.: 3:13-cv-00815 SC
v.
SHEET METAL AND AIR CONDITIONING
CONTRACTORS’ NATIONAL
ASSOCIATION, INC.,
Defendant.
27
28
STIPULATION AND [PROPOSED]
JUDGMENT
1
Case No.: 3:13-cv-00815 SC
Case3:13-cv-00815-SC Document39 Filed07/09/13 Page2 of 4
STIPULATION
1
2
Pursuant to settlement, Plaintiff Public.Resource.Org (“Public Resource”) and Defendant
3
Sheet Metal and Air Conditioning Contractors’ National Association, Inc. (“SMACNA”)
4
(collectively, the “Parties”) stipulate to entry of the [Proposed] Judgment below. The parties
5
hereby waive all rights of appeal, reconsideration, or alteration or amendment of the judgment if
6
the Court enters it as they mutually request.
7
8
Dated: July 8, 2013
FENWICK & WEST LLP
9
10
By: /s/ Andrew P. Bridges
Andrew P. Bridges
Attorneys for Plaintiff
PUBLIC.RESOURCE.ORG, INC.
MOUNTAIN VIEW
12
ATTORNEYS AT LAW
F ENWICK & W EST LLP
11
13
14
Dated: July 8, 2013
MORRISON & FOERSTER LLP
15
16
By: /s/ Nicholas S. Napolitan
Nicholas S. Napolitan
17
Attorneys for Defendant
SHEET METAL AND AIR CONDITIONING
CONTRACTORS’ NATIONAL
ASSOCIATION, INC.
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED]
JUDGMENT
2
Case No.: 3:13-cv-00815 SC
Case3:13-cv-00815-SC Document39 Filed07/09/13 Page3 of 4
[PROPOSED] JUDGMENT
1
2
3
The Court hereby adjudges and decrees as follows:
1.
Defendant Sheet Metal and Air Conditioning Contractors’ National Association,
4
Inc. (“SMACNA”) shall not sue (i) Plaintiff Public.Resource.Org (“Public Resource”) or its
5
personnel, successors, or affiliates; or (ii) any person or entity that has obtained or will obtain any
6
portion of the Publications through means that in any way involved or involves Public Resource
7
or its personnel, successors, or affiliates; for any conduct relating to the following documents:
8
(a) SMACNA Publication Fibrous Glass Duct Construction Standards (RS-36)
1992 Edition;
9
(b) SMACNA Publication Energy Recovery Equipment and Systems, Air-to-Air
1978 Edition;
10
(c) SMACNA Publication HVAC Air Duct Leakage Test Manual (RS-35) 1985
Edition; and
MOUNTAIN VIEW
12
ATTORNEYS AT LAW
F ENWICK & W EST LLP
11
13
(d) SMACNA Publication HVAC Duct Construction Standards -- Metal and
Flexible (RS-34) 1995 Edition;
14
2.
Defendant SMACNA shall not make any future assertion or representation that it
15
claims any copyright interest in the following documents:
16
(a) SMACNA Publication Fibrous Glass Duct Construction Standards (RS-36)
1992 Edition;
17
18
(b) SMACNA Publication Energy Recovery Equipment and Systems, Air-to-Air
1978 Edition;
19
(c) SMACNA Publication HVAC Air Duct Leakage Test Manual (RS-35) 1985
Edition; and
20
21
(d) SMACNA Publication HVAC Duct Construction Standards -- Metal and
Flexible (RS-34) 1995 Edition;
22
23
24
25
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
26
for any cause of action related to any manual, standard, document, or material SMACNA claims
27
or has claimed a copyright in, for a period of two (2) years, unless SMACNA or an assignee of
28
SMACNA sues PRO or an agent or affiliate of PRO;
STIPULATION AND [PROPOSED]
JUDGMENT
3
Case No.: 3:13-cv-00815 SC