American Society for Testing and Materials et al. v. Public.Resource.Org

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American Society for Testing and Materials et al. v. Public.Resource.Org
CourtCourt of Appeals for the District of Columbia
Full case nameAmerican Society for Testing and Materials et al. v. Public.Resource.Org

American Society for Testing and Materials et al. v. Public.Resource.Org is a United States court case concerning copyright of published building codes and fire codes and public access to the same. In 2013, Public.Resource.Org was sued by the American Society for Testing and Materials, the National Fire Protection Association, and the American Society of Heating, Refrigerating and Air Conditioning Engineers for scanning and making available building codes and fire codes which these organizations consider their copyrighted property. The case was heard in the District Court of the District of Columbia, with Judge Tanya S. Chutkan presiding.[1][2] Chutkan ruled against Public.Resource.Org and ordered Malamud to delete all the standards from the Internet.[3] Public.Resource.Org appealed the case to the D.C. Circuit. In 2018, the D.C. Circuit reversed and remanded the decision, holding that the fair use doctrines had been improperly applied.[4] In March 2022 Chutkan issued an opinion that would allow Public.Resource.Org to reproduce 184 standards under fair use, partially reproduce 1 standard, and deny reproduction of 32 standards that were found to differ in substantive ways from those incorporated by law.[5] ASTM et al. appealed the case to the D.C. Circuit, which affirmed the trial court decision.[6]

Support for Public.Resource.Org[edit]

A number of library and public interest associations weighed in supporting the position of Public.Resource.Org.[7] These organizations include American Association of Law Libraries,[8][9] Electronic Frontier Foundation,[10][11] Library Futures,[12] Reporters Committee for Freedom of the Press,[13] and Public Citizen.[14]

References[edit]

  1. ^ "Public.Resource.Org Fights Back Against Copyright Lawsuit". August 20, 2013. Retrieved July 2, 2014.
  2. ^ ASTM v. Public.Resource.org (Docket Report), D.D.C., August 6, 2013, no. 1:13-cv-01215, retrieved July 24, 2017 – via Recap (PACER current viewPaid subscription required)
  3. ^ Masnick, Mike (February 3, 2017). "Federal Court Basically Says It's Okay To Copyright Parts Of Our Laws". Techdirt.
    "Memorandum And Opinion" (PDF), ASTM v. Public.Resource.org (Court Filing), no. 1:13-cv-01215, Docket 175, D.D.C., February 2, 2017, retrieved July 24, 2017 – via Recap
    "Order" (PDF), ASTM v. Public.Resource.org (Court Filing), no. 1:13-cv-01215, Docket 176, D.D.C., February 2, 2017, retrieved July 24, 2017 – via Recap
  4. ^ "American Society for Testing v. Public.Resource.Org, Inc". Stanford University. July 17, 2018. Retrieved September 23, 2019.
  5. ^ "AMERICAN SOCIETY FOR TESTING AND MATERIALS et al v. PUBLIC.RESOURCE.ORG, INC., No. 1:2013cv01215 - Document 239 (D.D.C. 2022)". Justia Law. p. 36.
  6. ^ American Society for Testing and Materials et al. v. Public.Resource.Org (D.C. Cir. September 12, 2023), Text.
  7. ^ See, e.g., Amicus Brief of Sixty-Six Library Associations, Nonprofit Organizations, Legal Technology Companies, Former Senior Government Officials, Librarians, Innovators, and Professors of Law, submitted Sept. 22, 2017.
  8. ^ American Association of Law Libraries. "Amicus brief in support of Public.Resource.Org, American Society for Testing and Materials et al. v. Public.Resource.Org, Inc". AALL.
  9. ^ Duan, Charles; Rose, Meredith F. (September 25, 2017). "Amuci Curiae" (PDF). American Association of Law Libraries.
  10. ^ "Freeing the Law with Public.Resource.Org". Electronic Frontier Foundation. February 2, 2016.
  11. ^ "Amicus brief - Library Futures, EveryLibrary Institute, Authors Alliance, Public Knowledge". Electronic Frontier Foundation. December 12, 2022.
  12. ^ Ziskina, Juliya. "Library Futures Files Collaborative Amici in American Society for Testing and Materials, et al. v. Public.Resource.Org". libraryfutures.net.
  13. ^ "American Society for Testing and Materials v. Public.Resource.Org". The Reporters Committee for Freedom of the Press.
  14. ^ Public Citizen. "American Society for Testing and Materials v. Public.Resource.Org". Public Citizen.

External links[edit]