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.--

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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 36379682_1.docx 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 jason.rosenberg@alston.com ALSTON & BIRD LLP One Atlantic Center 1201 West Peachtree Street Atlanta, GA 30309-3424 Telephone 404-881-7461 Fax (404) 253-8861 Elizabeth H. Rader Admitted pro hac vice elizabeth.rader@alston.com ALSTON & BIRD LLP 950 F Street, NW Washington, DC 20004 Telephone: 202-239-3008 Fax: (202) 239-3333 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

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