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

Filing 60

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 F
Case No. 1:14-cv-00857-TSC-DAR

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Public Safety Codes of the V\,brld: Stand

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Proiecl by

Carl Malamud,
Pub lic.Re sou rce.Org
Sebastopol, CA

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We're converting 28,040 public safety standards into valid HTML
files to make them freely accessible and much more usable.

Hi. My name is Carl Malamud and I run PLtblìc.Resource.Org, a nonprofit that helps make
lmportant government information available to you. ln the past, we've posted over 6,000

Contact me

Pledge $10 or more

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Public Safety Matters

bio

137 backers

Stand Up For Safety! For your
contr¡but¡on,

\tue

will add your name to

the Wall of Safety at YesWeScan.Org.

government videos through our FedFlix program and were responsible for putting the

Your partìcipation helps rekey
standards, but it also sho\tus people

historical opinions of the U.S, Court of Appeals onthe lnternetforthe firsttme.

care about these important issues.

Our most recent project is to publish the world's public safety codes.

Ëst¡mated del¡verF Dec 2013

the last two years, we've posted 28,040 public safety codes trom around the world. We
post all these documents on law.resource.org and make them available onthe lnternel

Pledge $25 or more

Archive.

ffi

These codes-building, fire, electric, plumbing, HazMat, elevators and much more-are

This Law is Your Lawl lf you'd like,
we'll put your name on the wall at

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mandated by law and regulate every aspect of our lives.

134 backers

YesWeScan.Org with the list of
people who believe the law belongs to

https://www.kiclstarter.cony'projects/publicresource/public-safet¡codes-of-the-u,orld-stand-upfor-safe

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Public Safety Codes of the Vlbrld: Stand

Up

For Safety! by Carl Malamud, Public. Resource.Org

But citizens have not been able to access these codes withot¡t paying hundreds of dollars
That's rigl'rt! Hundreds of dollars to consultyour local building code. Hundreds of dollars to
researchthatoil spill orfindoLit¡f yourfactoryisoperatingsafely. Hundredsof dollarsto

fìnd oLrt if your baby stroller meeb the latest safety slandards mandated by law.

-

l(clstarter

everybody and send you a free ebook of our new "Codes of the World"
coffee table book. Your help nnkes
thìs project possible.
Est¡mated del¡ver)f Dec 2013

That's wrong, and we're changing that. (Read why this is vwong in my essay "Twelve

Tables of Law.")
Pledge $45 or more

But t¡e v,ent to do more, and to do more vE need your help.

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8o backers Lim¡ted (14920 left of

I s000)

Adopt a Needy Standard! We'll put an
acknowiedgment on a standard:

"Support for the HTML conversion of
th¡s standard v¡as made possible by a
contr¡bution from [YOUR l',lAl\fE
HERE!1." Plus, you get your name on
the u¡all at YesWeScan.Org and an ebook! lnstead ofyour olrn name, you

can narne the standard for somebody
you whish to honor. Makes a
wonderful giftl
Est¡mated del¡very: Jan 2O14

Pledge $85 or more

ffi

14 backers L¡m¡ted (2980 left of3ooo)

"Welcome to Code City" is an tgnile Talk about codes and law. Cl¡ck to watch that v¡deo.

Get a Pamphlet! You get everythlng
from revrard number #2, plus, vtæ'ìl

This Kickstarter: Rekeying Public Safety Codes To Make Them
Accessible

send you a signed pamphlet wìth a
revolut¡onary message and an official
Seal of Approval.

We've spent a fortune buying paper copies of public safety codes, bt¡t low-qual¡ty scans
just aren't good enough. We're asking your help so thatwe can rekeythe codes into valid
HTML. We carefully key in the teK of each code, companng two independent keyed

Estlmated del¡ver!4 Dec 2013

versions for accuracy, then setting that all into valid HTML.

Pledge $115 or more

What this means is all these codes become available in a standard format that works with
today's search engines, on mobile platforms, and are significantly more accessible and

#

77 backers Limited (2923 lefr of 3000)

Get a Beautiful, Geeky, Coffee Table
Book! ln addition to gettìng an

usable than the scans.
we reach ourfunding goal, we'll be able to continue our projectto key in many of the
28,040 public safety codes we've posted that are incorporated into law. We'll also go the
next step, which is to redrawthe graph¡cs into SVG and recode all the formulas into Math

acknowledgment on a converted

Markup Language. This makes these vital public safety specifìcations much more
access¡ble and more usable.

book featuring our photo set of

lf

standard and getting your name on
the raall of support, væ'll send you a
printed (and signed) coffee table
"Codes of the World."
Est¡mated del¡very. Jan

2O1

4

Pledge $275 or more

$

3

b"ck"rr Limited

(2497 left of 25OO)

Box of Propaganda. You get 3

pamphlets, and "Codes of the World"
coffee table book, all packed up in a
box festooned wlth stickers and
https;/.,\¡rww.kjckstarter.conì/projects/puH

ìcresource/public-safetpcodes-of-the-ì¡'orld-stand-upfor-safe

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Public Safety Codes of the Vl,brld: Stand

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stamped all over with radical sayings
like "Code ls LaW'and "Equal
Protection," These boxes are vvhat \¡e
send to government officials to get
their attention! Plus, of course, you'll
be acknov,ledged on one of the

standards and on the

\ëll

of support

at YesWeScan.Org.
Estimated delivery: Jan 201 4

Pledge $475 or more

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12 backers Limited (988 left of looo)

Big Box of Propaganda. You'll get sìx
different pamphlets and the Codes of
the World coffee table book, all
packed up with red, white, and blue
crinkle-pak, a sheet of stickers, a
genuine artifact chosen by Carl. This

We Remove the Red Tape From Legal Materials So You Can Know the Law

3 Examples of What We're Doing

collectot,s edition shou,s you really
care about public safety. (And, of

We've been doìng this for several years, and there are many examples of our work on-line

course, you'll be acknowiedged on
converted standard and get your
nar€ on the wall of support!)

at law.resource.org. Here's 3 examples:

Here'sthe pdf versionofthe l990ANSlstandardforsafetyof metal ladders,whichis

a

Eslimated del¡verln Jan 2014

mandated by OSHA Here's the version after it has been rekeyed.
Here's lndia's sta ndard for sampling v!ìater and wastewater in pdf format and then
rekeyed into htmì.

.

Funding period

Here's the UK standard for access to buildings bythe disabled in pdf format and

Sep 28 201 3 - Oct 28 201 3 (30 dals)

rekeyed into html.

We turn stacks like this into informatio¡t you can use. Click for prctures of our paper factory in
action in the "Codes of the World" photo se¿ l\/e push paper wth the pros.

Your Help Matters
Your support is what makes our work poss¡ble.

https://wwv.kickstarter.cony'projects/publicresource/public-safetycodes-of-the-rvorld-stand-up

for-safe

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Public Safety Codes of the V\,brld: Stand

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For Safety! by Carl Malamud, Public.Resource.Org

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We're set a fioor of $1 00,000 on th¡s campaign, because thats the mi nimum we need
to operate at scale. But, we can put to good rce $1.2 million and if we get more, we
can do some serious work on diagrams, formulas, metadata, indices, and other
improvements. That's a lot of money, br¡t ourwork covers the globe. ln particular, our
focus in 2014 is on making all 18,592 public safety standards for lndia available,
accessi ble, and usable.

.

lf

you support this project, we'll add your name to the wall of support at

YesWeScan.Org. We appreciate your f nancial contribution, but also important is to
show the world that the lnternet supports public safety and cares about the law.

.

Whenyoucontribr"¡teatthenextlevel,wewill happilyacknowledgeyourcontrìbutionon
a standard, much as NPR does on their radio programs. "Support for the HTML
conversionof [name of standard here] was made possible bya generouscontribution
from [your name here]." We want to showthe world that people care about public
safety.

.

For higher contributìon levels, we're happyto send you pamphleb or"Codes of the
World," a new coffee table book based on our radical public printing factory. Check
out the Codes of the World photoset on Flickr and read what Cory Doctorow had to
say abor,rt the Big Box of Standards he received.

Public safety codes are made by dedicated wlunteers from all over the vwrld. They want you to

read these documents instead of locking them up in a vault.

Our Revolutionary Pamphlets
My pamphlets are all based on speeches I've given. Many of them are heavily researched
and footnoted. tf you get a reward with a pamphlet, it will come signed by me and rubberstamped with a revolutionary saying such as "Code is Law."
pamphlet, happy to accommodate.

lf

you want a specific

https//wwhclstarter,cony'projects/puHicresource/public-safet¡codes-of-the-uorld-stand-upfor-safe

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Public Safety Codes of the \Â,brld: Stand

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By The People was a speech aboLrt why

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Carl Malamd, Public. Resource.Org

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lhe prlmary legal of materials should not be

locked in a closet. ltwas given at O'Reilly's Gov 2.0 Summit.

.
o

.
.
.

Rules For Radicals was a keynote at the \ÂMÂ/V Conference.

Twelve Tables of American Law r¡æs a speech at the Harvard Law School about the
history of Roman Law and promulgation.
Cunents of Our llme was a speech atO'Reilly's Gov 2.0 Summitaboutwhy
procurement and lT are so broken.
Three Revolutions in American Lawwas a speech given in Oregon and talks about
the early history of promulgation of law in America.
To Bear Knowledge was a speech to try and motivate the Digital Public Library of
America to think about more than books.

.

Crime and Access to Knovriedge was a memorial address and an essay about my
friend and colleague, Aaron SwarE.

This Law is Your Law! Stand Up For Safety

Stand Up For Standards! P/ease Sfand With Me!

Learn about accountability on K¡ckstarler

The workflowthatwe use to make standards available onthe lnternet is well-established,

and we've been doing this for several years. We've already converted 8,068 graphics files
into SVG and MathML. We have over 1,538 standards rekeyed already into HTML, We're
conf dentwe can continue to scale this process up.
When there are obstacles, particularly technical ones, we keep at it. tt took close to a
decade to getthe U.S. Patent database on the net. WeVe been working on building codes
since 2007. The quest to pnt Congressional video online spars ''l5 years. Marry of the
databases we work on, such as the 7 million nonprofit tax returns we host, have required
corsiderable struggle over several years to get the data on the net. We may not always

wn,

but you can

betwe'll keep on trying.

The biggest challenge we do face is that some of the code people think it is OK for the law
hftps//www.hckstarter.cony'projects/publ icresource/public-safetycodes-of-the-u¡crld-stand-upfor-safe

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Public SafeÇCodes of the\A,brld: Stand Up For Safety! byCarl Malamud, Public.Resource.Org

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to cost lots of money because they're the ones that get your money. Some of these norìproñt organizations pay million-dollar salaries to their execs and they want to be the only
ones that are allowed to post copies of the laws. But, some of the best lauryers ¡n the
world, including ourfriends atthe Electronic Frontìer Foundation and a half-dozentop law
firms have volunteered their efforts pro bono to support our work to make the law available.
Not everybody in the standards world has problems with this, and in some countries

(including the United States!), we've gottop-level governmental support. Still, fighting for
your right to read the law is the biggest challenge we face. \ly'hen these challenges arise,
our strategy to tackle them is we work harder and so far thats been working.

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Why not just use OCR? Why rekey the data?

> Wasn't this stuff all born

d¡gital? Why are you rekeying the data ¡nstead of iustgett¡ng the

source code fromthe creators?

)

Are you a nor'ì-profÌt?

)

ls your data avarlable in irulk?

)

Do FAQs like this ever serve any broader purpose? \r'úhat's with üris PACER caper?

)

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that the firsi time you've used this device? y'/hat was The Telephone Company hack?

A_rk a euesf í0n

Rci)ori tilis pröieùÍ to l{ir.:ksiiarler

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