Page:International Code Council v. UpCodes (2020).pdf/9

 basis. ICC relatedly offers a paid service called premiumACCESS, which provides users with access to additional features such as full access to commentaries, and tools to highlight, bookmark, and annotate the codes.


 * 2. UpCodes and the Codes Displayed

UpCodes is a start-up business founded and run by brothers Garrett and Scott Reynolds. Having worked as a professional architect for several years, Scott Reynolds conceived UpCodes as a website providing easy and convenient access to materials of particular importance to members of the architecture, engineering, and construction (“AEC”) industries, such as the state and local building codes that governed their projects. He enlisted the services of his brother Garrett, a proficient software engineer, to develop UpCodes for the AEC community and potentially the broader public.

Since its inception in 2016, UpCodes has operated as a “freemium” platform that offers some free services and some additional services only available to paying “premium” users (ICC’s publicACCESS and premiumACCESS tools are another example of a freemium model). UpCodes’ paid subscription allows users to search, bookmark, highlight,