- 1. ICC’s Motion
On May 31, 2019, ICC moved for summary judgment on its claim of copyright infringement and for a permanent injunction restraining Defendants from any future infringement. (See ICC’s Motion.) ICC also moved for a judgment that Defendants’ infringement was willful, which would entitle ICC to greater statutory damages under the Copyright Act of 1976 (the “Copyright Act”), 17 U.S.C. Section 101 et seq. (See “ICC Memo,” Dkt. Nos. 84-1, 100 at 49–50.)
ICC claimed that Defendants infringed its copyrights in three different ways. First and most straightforwardly, it claimed that Defendants posted the I-Codes on UpCodes without ICC’s permission. Second, ICC claimed that Defendants infringed its copyrights by posting enacted state and local building codes that incorporated the I-Codes by reference (the “I-Codes as Adopted”). Third, ICC claimed that Defendants infringed the I-Codes by including unadopted model code text in struck-through red print when displaying state or local codes that adopted the I-Codes with amendments (the “I-Code Redlines”) on Historic UpCodes. (See id. at 15–16.)
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