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

Filing 69

MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment and Permanent Injunction by PUBLIC.RESOURCE.ORG, INC. (Attachments: #1 Memorandum in Support of Public.Resource.Org's Motion for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment and Permanent Injunction, #2 Statement of Material Facts, #3 Statement of Disputed Facts, #4 Objections to Evidence, #5 Declaration of Carl Malamud, #6 Declaration of Matthew Becker, #7 Request for Judicial Notice, #8 Text of Proposed Order Granting Public.Resource.Org's Motion for Summary Judgment and Denying Plaintiffs' Motion for Summary Judgment and Permanent Injunction)(Bridges, Andrew)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

AMERICAN EDUCATIONAL RESEARCH
ASSOCIATION, INC., AMERICAN
PSYCHOLOGICAL ASSOCIATION, INC., and
NATIONAL COUNCIL ON MEASUREMENT IN
EDUCATION, INC.,

Case No. 1:14-CV-00857-TSC-DAR
DEFENDANT-COUNTERCLAIMANT
PUBLIC.RESOURCE.ORG’S MOTION
FOR SUMMARY JUDGMENT
Action Filed: May 23, 2014

Plaintiffs,
v.
PUBLIC.RESOURCE.ORG,
Defendant.

Defendant-Counterclaimant Public.Resource.Org, Inc. (“Public Resource”) respectfully
moves for summary judgment that Public Resource’s reproduction, display, and distribution of
the 1999 Standards does not constitute copyright infringement.
As described in the attached Memorandum of Law in Support of Public Resource’s Motion
for Summary Judgment and Opposition to Plaintiffs’ Motion for Summary Judgment and
Permanent Injunction, there are no genuine issues of material fact that would preclude summary
judgment in favor of Public Resource. Plaintiff-Counterdefendants American Educational Research
Association, Inc., American Psychological Association, Inc., and National Council on
Measurement In Education, Inc. (collectively “Plaintiffs”), cannot assert copyright in the
incorporated standards at issue because those standards are binding laws of the United States and
numerous states and localities. No one may assert a proprietary legal interest in the text of the law
or restrict its distribution. In addition, the incorporated standards are not copyrightable subject
matter, and Public Resource’s use of the incorporated standards is a non-infringing fair use.

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Public Resource requests an oral hearing on its motion and opposition to Plaintiffs’
motion for summary judgment.
This motion is based on the attached Memorandum of Points and Authorities, the
Declaration of Carl Malamud, the Declaration of Matthew Becker, Public Resource’s Request
for Judicial Notice, Index of Consolidated Exhibits and Exhibits filed with this motion, Public
Resource’s proposed order, the pleadings and papers on file herein, and any further material and
argument presented to the Court at the time of the hearing.

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Dated: January 21, 2016

Respectfully submitted,
/s/ Andrew P. Bridges
Andrew P. Bridges (admitted)
[e-mail]
Sebastian E. Kaplan (pro hac vice pending)
[e-mail]
Matthew Becker (admitted)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Corynne McSherry (admitted pro hac vice)
[e-mail]
Mitchell L. Stoltz (D.C. Bar No. 978149)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
Telephone: [phone]
Facsimile: [phone]
David Halperin (D.C. Bar No. 426078)
[e-mail]
1530 P Street NW
Washington, DC 20005
Telephone: [phone]
Attorneys for Defendant-Counterclaimant
Public.Resource.Org, Inc.

SF/5546622.1

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