AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.
Filing
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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).
EXHIBIT CCC
Case No. 1:14-cv-00857-TSC-DAR
Confidential
E.DUCATIC,NIAL
'1)..MEA
April 21 2014
Dear Member of the Joint Committee to Revised the 1985
Standards for Educational and Psychological Testing:
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,
psycholoy 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 1 999, the Publishers
had and still have the rig.ht to use the Standards in print,
electronic forrnat any and all other formats then known, now
knovvn or hereafter to become knovvn. We are confirming in this
letter that you accepted this assignment subject to the following
terms and conditions:
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
vvith 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.
1.
AERA_APA_NCME_0031 456
uoruicienual
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 tune (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
AERA_APA_NCME_0031457
Confidential
Sincerely,
r:
AMERICAN EDUCATIONAL RESEARCH
ASSOCIATION
AMERICAN PSYCHOLOGICAL ASSOCIATION
61.1/441.-i
NATIONAL COUNCIL ON MEASUREMENT IN
EDUCATION
Accepted and Agreed:
2/.
z1=-1
Date:
AERA_APA_NCME_0031458