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 9

June 25, 1998, Thursday

U.S. to Release Patent Data On a World Wide
Web Site
By JOHN MARKOFF
In a new plan for making Government information freely available over the Internet, the Clinton Administration
will announce today that it will make the full data base of the nation's patents since 1976 and trademark text
and images starting from the late 1800's available on the World Wide Web beginning in August.
The project, which will create the largest Government data base on the Internet, is to be announced by Bruce A.
Lehman, Assistant Secretary of Commerce and Commissioner of Patents and Trademarks, in a speech to the
American Bar Association's section on intellectual property law in Williamsburg, Va.
The decision to make the data base freely available is a result of a fierce debate that has gone on for years
between public interest advocates who argue that Government information should routinely be made available
on the Internet and companies that purchase the data from Government agencies to resell.
Indeed, the Clinton Administration's action came less than a week before a deadline imposed by Carl Malamud,
an independent Internet pioneer, who in May said he planned to purchase the data from the Patent and
Trademark Office and make it publicly available if the Government failed to act.
After imposing the deadline in a letter to Vice President Al Gore Jr. and the Commerce Secretary, William M.
Daley, Mr. Malamud said that he had received an anonymous donation to support his project and that he was
developing his own system of patent and trademark records.
Mr. Lehman, however, said that his agency had already made a commitment to Mr. Gore to make the data base
available as part of the Vice President's ''reinventing government'' program.
Mr. Malamud said today that he had decided to shelve his plans.
''Our site was a backup in case the Administration refused to budge,'' he said. ''We very pleased with the
outcome of this five-year struggle. The American public gets the data they deserve, and the Clinton
Administration has shown real responsiveness by reversing its earlier policy.''
In January 1994, Mr. Malamud's group, the nonprofit Internet Multicasting Service, posted the full text of filings
made by corporations to the Securities and Exchange Commission and several years of the patent data base
over the objections of the S.E.C. and the Patent and Trademark Office. His organization later added data bases
from the General Services Administration, the Federal Election Commission, the Federal Reserve Board and the
Government Printing Office.
In a telephone interview, Mr. Lehman said that it had long been his intention to make both data bases available
on the Internet but that he needed first to meet a range of technical and policy criteria.
''Creating a 1.3-terabyte searchable data base is a big technical feat,'' he said. A terabyte is one trillion
characters of information, equivalent to about a million copies of ''Moby Dick.''
First, he said, such a system requires tight security provisions to isolate it from the Patent and Trademark
Office's internal computer network. In addition, he said, his agency had to perform an economic analysis on how