Technical standards incorporated by reference in government code are fair game for copying

The federal court in Philadelphia ruled that UpCodes Inc. made a fair use of copyrighted technical standards incorporated by reference into government codes, thereby not infringing on copyright or trademark laws as alleged by the American Society for Testing and Materials (ASTM). The court found that UpCodes' use was transformative, aiming to make the law freely accessible, which outweighed the potential market effects on ASTM. Joseph Gratz, representing UpCodes, emphasized the broader legal perspective, stating, "This ruling reaffirms what the Supreme Court said in the Georgia case: ‘No one can own the law,’" highlighting the principle that law should be accessible to all, irrespective of its origin.

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