Page:International Code Council v. UpCodes (2020).pdf/62

 remains ambiguous whether UpCodes posts only the law. As ICC states in its briefs, the current record provides the Court no way to verify the full contents of Current UpCodes, which is continually being updated with potentially erroneous codes in any event. Unless the parties can establish a static and limited version of Current UpCodes for future consideration, much as they already have for Historic UpCodes, it is unclear how Defendants can demonstrate with sufficient clarity that what they actually post embodies only the law. Resolving all factual ambiguities in favor of the non-movant, as the Court must in this procedural posture, it is clear that Defendants’ Motion mast be denied at this time.

D. MERGER

Though the I-Codes as Adopted are in the public domain, that fact does not end the inquiry in this case. ICC claims that Historic UpCodes displayed the I-Codes as