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)

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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. 1 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. 2 Dated: January 21, 2016 Respectfully submitted, /s/ Andrew P. Bridges Andrew P. Bridges (admitted) Sebastian E. Kaplan (pro hac vice pending) Matthew Becker (admitted) FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: (415) 875-2300 Facsimile: (415) 281-1350 Corynne McSherry (admitted pro hac vice) Mitchell L. Stoltz (D.C. Bar No. 978149) ELECTRONIC FRONTIER FOUNDATION 815 Eddy Street San Francisco, CA 94109 Telephone: (415) 436-9333 Facsimile: (415) 436-9993 David Halperin (D.C. Bar No. 426078) 1530 P Street NW Washington, DC 20005 Telephone: (202) 905-3434 Attorneys for Defendant-Counterclaimant Public.Resource.Org, Inc. SF/5546622.1 3

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