Code Revision Commission et al v. Public.Resource.Org, Inc.

Filing 29

MOTION for Summary Judgment with Brief In Support by Public.Resource.Org, Inc., Public.Resource.Org, Inc., Public.Resource.Org, Inc.. (Attachments: # 1 Statement of Material Facts, # 2 Brief Memorandum of Law In Support, # 3 Exhibit Ex. A, # 4 Exhibit Ex. B, # 5 Exhibit Ex. C, # 6 Exhibit Ex. D, # 7 Exhibit Ex. E, # 8 Exhibit Ex. F, # 9 Exhibit Ex. G, # 10 Exhibit Ex. H, # 11 Exhibit Ex. I, # 12 Exhibit Ex. J, # 13 Exhibit Ex. K, # 14 Exhibit Ex. L, # 15 Exhibit Ex. M, # 16 Exhibit Ex. N, # 17 Exhibit Ex. O)(Parker, Sarah) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--

Case 1:15-cv-02594-MHC Document 29 Filed 05/17/16 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CODE REVISION COMMISSION on
Behalf of and For the Benefit of the
GENERAL ASSEMBLY OF
GEORGIA and the STATE OF
GEORGIA,
Plaintiff,
v.
PUBLIC.RESOURCE.ORG, INC.,

)
)
) CIVIL ACTION
)
) FILE NO. 1:15-CV-2594-MHC
)
)
)
)
)

Defendant.
DEFENDANT PUBLIC.RESOURCE.ORG, INC.’S
MOTION FOR SUMMARY JUDGMENT
Defendant Public.Resource.Org., Inc. (“Public Resource”) moves under Fed.
R. Civ. P. 56 for summary judgment on each claim asserted by the Code Revision
Commission (“Commission”) and on Public Resource’s counterclaim, and for such
other relief as the Court deems just and reasonable. Based on the evidentiary
record, there are no triable issues of material fact. The Official Code of Georgia
Annotated (“O.C.G.A.”) is the only official Code of Georgia, an edict of
government, and is therefore not subject to copyright in the United States. The
O.C.G.A.’s annotations are also not protectable by copyright because they lack
sufficient originality and creativity, as there are too few ways to express the facts

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Case 1:15-cv-02594-MHC Document 29 Filed 05/17/16 Page 2 of 3

the annotations convey. Even if the O.C.G.A. were copyrightable, Public
Resource’s scanning and posting of the O.C.G.A. would be fair use of it.
For these reasons and reasons set forth more fully in the accompanying
memorandum of law, Public Resource respectfully requests that the Court grant its
motion, entering judgment in favor of Public Resource on the Commission’s
claims and Public Resource’s counterclaim.
Respectfully submitted this 17th day of May, 2016.

By: /s/ Elizabeth H. Rader
Jason D. Rosenberg
Georgia Bar No. 510855
[e-mail]
ALSTON & BIRD LLP
One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309-3424
Telephone [phone]
Fax [phone]
Elizabeth H. Rader
Admitted pro hac vice
[e-mail]
ALSTON & BIRD LLP
950 F Street, NW
Washington, DC 20004
Telephone: [phone]
Fax: [phone]
Attorneys for Defendant

-236379682_1.docx

Case 1:15-cv-02594-MHC Document 29 Filed 05/17/16 Page 3 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CODE REVISION COMMISSION on
Behalf of and For the Benefit of the
GENERAL ASSEMBLY OF
GEORGIA and the STATE OF
GEORGIA,
Plaintiff,
v.
PUBLIC.RESOURCE.ORG, INC.,

)
)
) CIVIL ACTION
)
) FILE NO. 1:15-CV-2594-MHC
)
)
)
)
)

Defendant.
CERTIFICATE OF SERVICE
I hereby certify that I have filed the foregoing Defendant
Public.Resource.Org, Inc.’s Motion for Summary Judgment was electronically
filed with Clerk of Court using the CM/ECF system which will automatically send
notification of such filing to all attorneys of record.

/s/ Sarah P. LaFantano
Sarah Parker LaFantano
Georgia Bar No. 734610

36379682_1.docx