AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.
MOTION for Summary Judgment Filed by AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC., AMERICAN PSYCHOLOGICAL ASSOCIATION, INC., NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, INC. (Attachments: #1 Statement of Facts Points of Authority, #2 Statement of Facts Statement of Undisputed Facts, #3 Declaration Declaration of Jonathan Hudis, #4 Exhibit Ex. A, #5 Exhibit Ex. B, #6 Exhibit Ex. C, #7 Exhibit Ex. D, #8 Exhibit Ex. E, #9 Exhibit Ex. F, #10 Exhibit Ex. G, #11 Exhibit Ex. H, #12 Exhibit Ex. I, #13 Exhibit Ex. J, #14 Exhibit Ex. K, #15 Exhibit Ex. L, #16 Exhibit Ex. M, #17 Exhibit Ex. N, #18 Exhibit Ex. O, #19 Exhibit Ex. P, #20 Exhibit Ex. Q, #21 Exhibit Ex. R, #22 Exhibit Ex. S, #23 Exhibit Ex. T, #24 Exhibit Ex. U, #25 Exhibit Ex. V-1, #26 Exhibit Ex. V-2, #27 Exhibit Ex. W, #28 Exhibit Ex. X, #29 Exhibit Ex. Y, #30 Exhibit Ex. Z, #31 Exhibit Ex. AA, #32 Exhibit Ex. BB, #33 Exhibit Ex. CC, #34 Exhibit Ex. DD, #35 Exhibit Ex. EE, #36 Exhibit Ex. FF-1, #37 Exhibit Ex. FF-2, #38 Exhibit Ex. FF-3, #39 Exhibit Ex. FF-4, #40 Exhibit Ex. FF-5, #41 Exhibit Ex. FF-6, #42 Exhibit Ex. GG, #43 Exhibit Ex. HH, #44 Exhibit Ex. II, #45 Exhibit Ex. JJ, #46 Exhibit Ex. KK, #47 Exhibit Ex. LL, #48 Exhibit Ex. MM, #49 Declaration Declaration of Marianne Ernesto, #50 Exhibit Ex. NN, #51 Exhibit Ex. OO, #52 Exhibit Ex. PP, #53 Exhibit Ex. QQ, #54 Exhibit Ex. RR, #55 Exhibit Ex. SS, #56 Exhibit Ex. TT, #57 Exhibit Ex. UU, #58 Exhibit Ex. VV, #59 Exhibit Ex. WW, #60 Exhibit Ex. XX, #61 Exhibit Ex. YY, #62 Exhibit Ex. ZZ, #63 Exhibit Ex. AAA, #64 Exhibit Ex. BBB, #65 Exhibit Ex. CCC, #66 Exhibit Ex. DDD, #67 Exhibit Ex. EEE, #68 Exhibit Ex. FFF, #69 Exhibit Ex. GGG, #70 Exhibit Ex. HHH, #71 Exhibit Ex. III, #72 Exhibit Ex. JJJ, #73 Declaration Declaration of Lauress Wise, #74 Exhibit Ex. KKK, #75 Exhibit Ex. LLL, #76 Declaration Declaration of Wayne Camara, #77 Exhibit Ex. MMM, #78 Declaration Declaration of Felice Levine, #79 Exhibit Ex. NNN, #80 Exhibit Ex. OOO (Public Version), #81 Exhibit Ex. PPP, #82 Exhibit Ex. QQQ, #83 Exhibit Ex. RRR, #84 Exhibit Ex. SSS, #85 Exhibit Ex. TTT-1, #86 Exhibit Ex. TTT-2, #87 Exhibit Ex. UUU, #88 Declaration Declaration of Kurt Geisinger, #89 Declaration Declaration of Dianne Schneider, #90 Text of Proposed Order Proposed Order, #91 Certificate of Service Certificate of Service)(Hudis, Jonathan). Added MOTION for Permanent Injunction on 12/22/2015 (td).
Case No. 1:14-cv-00857-TSC-DAR
April 21, 2014
Dear Member of the Joint Committee to Revised the 1985 Standards for Educational and Psychological
In 1998 and 1999, we, the American Educational Research Association ("AERA"), the American
Psychological Association ("APA") and the National Council on Measurement in Education ("NCME"),
(collectively, the "Publishers"), commissioned you and other leaders in the educational research,
psychology and educational testing fields to contribute information, materials and acumen to the
collective work entitled Standards for Educational and Psychological Testing" (the "Standards"). Since its
publication in 1999, the Publishers had and still have the right to use the Standards in print, electronic
format any and all other formats then known, now known or hereafter to become known. We are
confirming in this letter that you accepted this assignment subject to the following terms and
You delivered manuscript(s) or review(s) of manuscript(s) within the time period established by
Publishers. You were reimbursed for reasonable expenses in connection with your work on the
Standards, if approved by the Publishers in advance, upon your submission of receipts. Your name
appeared in the Preface of the Standards, showing that you were one of its contributors, and you
received a free copy of the Standards upon its publication,
You acknowledge that the Standards, and all contributions that you made toward completion
and publication of the Standards, was and still is considered a "work made for hire" within the meaning
of the United States copyright laws, and that the Publishers own all right, title and interest in and to the
copyright in the Standards. To the extent that the Standards were not or are not deemed to be a "work
made for hire" you hereby assign nunc pro tunc (now for then) to the Publishers all right, title and
interest in and to the Standards.
Accordingly, the Publishers may also use the Standards for any and all uses and products, in any
and all formats now known or hereafter to become known, including but not limited to print, recorded
on hard storage media (e.g,, CDs, DVDs, etc.), the Internet and online services.
You have granted the Publishers the right to use your name in the Standards, in advertising and
promotion related to the Standards, and in any and all ancillary products related to the Standards
regardless of the formats in which such use occurs.
Your contributions to the Standards were wholly original material not published elsewhere
(except for material in the public domain or used with the permission of the owner), did not and does
not infringe any copyright, and did not and does not constitute a defamation, or invasion of the right of
privacy or publicity, or infringement of any other kind, of any third party,
It is specifically understood and intended that you are an independent contractor, and nothing
herein is intended or shall be deemed to make you an employee of any of the Publishers.
If the foregoing accurately sets forth our understanding, please sign and date, then scan and return this
letter via e-mail attachment to Marianne Ernesto, Director, Testing and Assessment, American
Psychological Association, at email@example.com.
AMERICAN EDUCATIONAL RESEARCH ASSOCIATION
AMERICAN PSYCHOLOGICAL ASSOCIATION
NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION
Accepted and Agreed:
Nc'k (\) 9-1(1