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).

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EXHIBIT F Case No. 1:14-cv-00857-TSC-DAR EIHIBIT \ Public Safety Codes of the V\,brld: Stand 4t25t2014 U p For Safety! by Carl Malamud, Public. Resource.Org - I - ulr.c^!-æt*-*s/ ett Kickstarter q¿ @Ø i.) Search projects ßtcKffirrhffiY"ffi$k Public Safety Codes of the World: Stand Sig LJp ã;--r,;.g For Safety! by Carl Malamud, Public. Resource.Org Home Uildi:iî:: s ÊJCi{c rs 5t2 -,aiÍl:::a rìi:t I Funding UnsuccessfulThis project's funding goal was not reached on October 28 582 backe rs $ss ,083 pledged of $100,000 goal 0 seconds to go Proiecl by Carl Malamud, Pub lic.Re sou rce.Org Sebastopol, CA *il First created 6 backed i?'? Has not connected Facebook t,.¡ Fl share f Tweet See full 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 {þ 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 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 ln 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 116 AERA APA NCME OO3148O 4t25t2014 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. {þ 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 z6 AERA APA NCME 0031481 Public Safety Codes of the Vl,brld: Stand 4t25t2014 U p For Safety! by Carl Malamud, Public. Resource.Org - Kìclstarier 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 {þ 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 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 3/6 AERA_APA-N C M E_OO3 1 482 Public Safety Codes of the V\,brld: Stand 4t25t2014 . Up For Safety! by Carl Malamud, Public.Resource.Org - l(ckstarter 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 4t6 AERA-APA-NCM E*OO3 1 483 Public Safety Codes of the \Â,brld: Stand 4t25t2014 . By The People was a speech aboLrt why U p For Safety! [ Carl Malamd, Public. Resource.Org - Kìclstarter 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 5i6 AERA APA NCME 0031484 4/2512Aß Public SafeÇCodes of the\A,brld: Stand Up For Safety! byCarl Malamud, Public.Resource.Org - l(clstarter 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. ä ) J! ¡-r 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? ) ls 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 https;/ ckstarter.cony'proj ects/publ icresource/publi c-safetycodes-of-the-M,orld-stand-up for-safe b/Cr AERA_APA-NCME_0031 485

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