Public.Resource.Org v. Sheet Metal And Air Conditioning Contractors' National Association Inc.
Published: Aug. 2, 2014 | Result Date: Jul. 9, 2013 | Filing Date: Jan. 1, 1900 |Case number: 3:13-cv-00815-SC Settlement – Injunction
Facts
Public.Resource.Org filed a complaint for declaratory judgment and injunctive relief against Sheet Metal And Air Conditioning Contractors' National Association, Inc., to vindicate the public's right to access, read, speak, and the use of law.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that it had the right to post online a technical manual, the 1985 HVAC Air Duct Leakage Test Manual, which had been incorporated into state and federal law. However, the Sheet Metal And Air Conditioning Contractors' National Association issued a copyright takedown notice to plaintiff, alleging that its public posting of the 1985 manual constituted copyright infringement. Plaintiff maintained that it had not violated any copyright.
DEFENDANT'S CONTENTIONS:
The Association contended that plaintiff's online posting of the manual constituted copyright infringement.
Result
The parties agreed to a stipulated judgment, whereby the Sheet Metal And Air Conditioning Contractors' National Association agreed not to sue plaintiff for any conduct related to certain documents, including the 1985 manual. In addition, the court enjoined the Association from making any assertion or representation that it claims any copyright interests in certain documents, including the 1985 manual. Moreover, the Association was required to pay plaintiff $1, but the parties were otherwise responsible for their own fees and costs associated with this dispute.
Other Information
FILING DATE: Feb. 22, 2013.
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