I, and P from the model code, even though the website acknowledges that these appendices were adopted.
Lastly, in the New Jersey codes, ICC alleges that despite Defendants’ claim to have integrated all 973 amendments to the New Jersey 2018 codes, the UpCodes website does not reflect all the amendments. For example, ICC contends that while the New Jersey building code deleted Chapter 1 of the model International Building Code 2018, UpCodes’s website continues to reference Chapter 1.
- 5. Claim that it is the “Only Source”
ICC further contends that Defendants falsely claim that UpCodes is the “only source” of state amendments integrated into the model code, when in fact ICC also offers custom codes on its website. (Complaint ¶¶ 63–64.)
B. Procedural History
Several years before initiating the present suit, ICC filed a complaint against Defendants on August 17, 2017 alleging one count of copyright infringement. (See Copyright Docket, Dkt. No. 1.). After extensive discovery in that case, ICC moved for summary judgment on May 31, 2019, arguing that Defendants infringed its copyrights in certain I-Codes by posting them and derivative works on the UpCodes website. (See Copyright Docket, Dkt. No. 84.) Defendants filed a cross-motion for summary judgment, arguing that none of their
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