Page:National Fire Protection Association v. UpCodes (2021).pdf/2

 the installation of electrical conductors, equipment, and raceways; signaling and communications conductors, equipment, and raceways; and optical fiber cables and raceways in commercial, residential, and industrial occupancies. ¶ 7.

The primary users of NFPA standards are professionals and tradespeople from the architecture, engineering, and construction industry. ¶ 9. Users access the contents of NFPA’s standards for free on its website or by purchasing physical copies or online-access subscriptions. NFPA’s subscription service, which provides standards and online tools, is called NFPA LiNK. ¶ 10. NFPA owns copyrights in all the standards it publishes. ¶¶ 13–14.

Federal agencies, states, and local governments sometimes incorporate NFPA’s standards, or portions of the standards, by reference into their regulations, statutes, and ordinances. ¶ 20. When the standards are incorporated by reference, they are “available through multiple channels, including in most cases at the relevant government office or libraries; for free viewing access on NFPA’s website; and for license or sale from NFPA.” Opp’n at 3 (citing Pauley Decl. ¶¶ 9, 31, 35, 36, 41). The standards on NFPA’s website are read-only. Pauley Decl. ¶ 32.

UpCodes is a for-profit corporation that was founded “to make it easier for both industry professionals and laypeople to understand how to comply with state and local building codes” by putting the building codes on a website for the public to access for free. Dkts. 13-17 (Klaus