Page:International Code Council v. UpCodes (2020).pdf/10

 and comment on code sections. UpCodes offers services to individual users, groups, and institutional clients.
 * a. Historic UpCodes

The layout of the UpCodes website, and particularly the manner in which it displayed ICC’s codes, changed significantly after ICC instituted this suit. “Historic UpCodes” refers to UpCodes as it existed from its creation in 2016 until ICC sued Defendants in August 2017. Historic UpCodes made the forty I-Codes available to the public to view, print, copy, and download. Defendants did not make all of ICC’s codes available on Historic UpCodes, though, and they redirected users to ICC’s website for at least one (the International Zoning Code 2015). (ICC SUMF ¶ 115; Wise Decl. Ex. 15 at 279–280; Defs. SUMF ¶ 115.) Defendants knew that ICC posted codes for free on publicACCESS, but they felt that UpCodes provided an opportunity to make codes “more friendly, easy to access, and reliable.” (ICC ¶¶ SUMFICC SUMF ¶¶ [sic] 89–90; Defs. Resp. ¶¶ 89-90.) Defendants did not seek permission or a license to post ICC’s codes.

On the free access portion of Historic Upcodes, the forty ICC model codes were posted in a section titled “General Building Codes” and identified by their model code names. However, Historic UpCodes also identified