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PaperclipPerfector  1yr ago (text post)   2819 thread views

Friday Fun Thread for September 15, 2023

Be advised: this thread is not for serious in-depth discussion of weighty topics (we have a link for that), this thread is not for anything Culture War related. This thread is for Fun. You got jokes? Share 'em. You got silly questions? Ask 'em.

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A US appeals court has ruled that, if a copyrighted standards document (ASTM, ASHRAE, NFPA, APA, etc.) is incorporated by reference into a law, then it is legal to post a DRM-free copy of that document online.

This is hilarious, I can't wait to tell my boss

Just make sure you can cite the specific law that incorporates the specific standard by reference.

Also, you need to delete from your uploaded copy any trademarked logos (not names, just logos) of the organization that issued the standard. Use of the logos is not covered by fair use.

What are the implications of this ruling? I use the NFPA every day.

Presumably, you will be able to download NFPA standards that are part of the law for free from somewhere (such as Public.Resource.Org), rather than having to pay for a paper copy or a DRM-laden electronic subscription. But this ruling does not cover standards that are not part of the law. So you'll have to check the law to see whether or not the particular standards that you use are incorporated by reference.

Interesting.

The NFPA used to publish a PDF version of the NEC that you could purchase. They stopped publishing it after the 2017 code because people were sharing it and distributing it without permission. So now, if you want to access an electronic version, you have to pay to access it on the NFPA website. It’s not nearly as user friendly as the 2017 PDF version but I understand why they made that decision. They were losing hundreds of thousands of dollars via pirating/unauthorized sharing.

With that said, it would be awesome to get another PDF version of the 2023 NEC. Interested to see how this lawsuit changes things.

They were losing hundreds of thousands of dollars via pirating/unauthorized sharing.

It appears that no such evidence was offered in this particular lawsuit.

Fourteen years have elapsed since Defendant first began posting Plaintiffs’ standards. And four years have elapsed since Plaintiffs’ expert opined that Defendant’s activities “would” threaten the market for Plaintiffs’ products. Now, aided by the passage of time, the court is less deferential to conclusory opinions that market harm “is real” but “difficult to measure”. One can reasonably expect that if over the last four years market harm was occurring, or was likely to occur, Plaintiffs could provide economic data and analysis showing that to be the case. For example, Plaintiffs could have offered a side-by-side comparison of sales figures for standards that have and have not been reposted on Defendant’s site to demonstrate the market impact of Defendant’s postings. They could have provided testimony from former customers who stopped purchasing Plaintiffs’ standards because they are available for download on Defendant’s website. The fact that they do not provide any quantifiable evidence, and instead rely on conclusory assertions and speculation long after Defendant first began posting the standards, is telling.

 

Ultimately, the court finds that “the evidence is such that a reasonable jury could not return a verdict for” Plaintiffs that Defendant’s actions have caused, or likely will cause, market harm with regards to the specific standards at issue. Accordingly, this factor supports Defendant’s fair use defense for each of the 217 standards at issue.

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