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\title{Oregon Legislative Counsel {}- Draft Complaint}
\begin{document}
\clearpage\pagestyle{Standard}
{\centering

\par}

\begin{center}
\begin{minipage}{6.4102in}
{\selectlanguage{english}
Karl Olson (SBN 104760)}

{\selectlanguage{english}
\href{mailto:ko@lrolaw.com}{\textstyleInternetlink{ko@lrolaw.com}}}

{\selectlanguage{english}
LEVY, RAM \& OLSON}

{\selectlanguage{english}
639 Front Street, 4th Floor}

{\selectlanguage{english}
San Francisco, CA 94111}

{\selectlanguage{english}
Telephone: (415) 433{}-4949}

{\selectlanguage{english}
Facsimile: (415) 433{}-7311}


\bigskip

{\selectlanguage{english}\itshape
Attorneys for Plaintiffs}


\bigskip
\end{minipage}\end{center}
{\centering\selectlanguage{english}\bfseries

\par}

{\centering\selectlanguage{english}\bfseries
IN THE UNITED STATES DISTRICT COURT
\par}


\bigskip

{\centering\selectlanguage{english}\bfseries
FOR THE NORTHERN DISTRICT OF CALIFORNIA
\par}


\bigskip


\bigskip

\begin{longtable}[l]{p{3.0462599in}|p{0.23375985in}p{3.0462599in}}

{\selectlanguage{english}
\foreignlanguage{english}{PUBLIC.RESOURCE.ORG, JUSTIA
INC.}\foreignlanguage{english}{, }}


\bigskip

{\selectlanguage{english}
  Plaintiffs,}

{\selectlanguage{english}
 v.}


\bigskip

{\selectlanguage{english}
STATE OF OREGON LEGISLATIVE COUNSEL COMMITTEE,}


\bigskip

{\selectlanguage{english}
 Defendant.}

{\selectlanguage{english}
}
&
{\selectlanguage{english}\bfseries
}
&
{\selectlanguage{english}
\foreignlanguage{english}{CASE NO. \ }}


\bigskip

{\selectlanguage{english}\bfseries
COMPLAINT FOR DECLARATORY RELIEF RE NON{}-INFRINGEMENT OF COPYRIGHT }

{\selectlanguage{english}
 }


\bigskip


\bigskip
\\

\bigskip
&

\bigskip
&

\bigskip
\\\cline{1-1}
\end{longtable}
{\centering\selectlanguage{english}

\par}

\liststyleWWviiiNumi
\begin{enumerate}
\item {\selectlanguage{english}
This is a civil action seeking declaratory relief. \ Defendant the
Legislative Counsel Committee of the State of Oregon (hereafter ``the
Committee'') {--} in contrast to the vast majority of states {--} has
taken the position that it is the copyright owner of the Oregon Revised
Statutes and thus has a copyright interest in basic information about
that state's laws. \ The Committee claims that such basic information
as the arrangement and subject{}-matter compilation of the Oregon
Revised Statutes, leadlines and numbering for each section, and tables
and indexes can be copyrighted. \ Plaintiffs {--} whose mission is to
make the law widely available to people who are expected to comply with
it {--} take issue with the state's broad assertion of rights over such
basic information, and contend that the state cannot acquire copyright
over the laws in the first instance. \ This declaratory relief action
seeks to resolve that dispute.}
\end{enumerate}
{\centering\selectlanguage{english}\bfseries
PARTIES
\par}

\liststyleWWviiiNumi
\setcounter{saveenum}{\value{enumi}}
\begin{enumerate}
\setcounter{enumi}{\value{saveenum}}
\item {\selectlanguage{english}
Plaintiff Public.Resource.Org is a 501(c)(3) non{}-profit corporation
headquartered in Sebastopol, California, which makes the text of laws
available to the public over the Internet.}
\item {\selectlanguage{english}
Plaintiff Justia, Inc. is a corporation headquartered in Mountain View,
California which likewise makes available laws to the public over the
Internet and otherwise.}
\item {\selectlanguage{english}
Defendant the Legislative Counsel Committee of the State of Oregon,
which is counsel to the Legislature of the State of Oregon,
headquartered in Salem, Oregon, has claimed that it is the copyright
owner of the Oregon Revised Statutes. \ The Committee is a financially
self{}-sufficient agency which generates its own revenue and pays its
own debts. \ This action does not seek an affirmative financial
judgment paid out of the state treasury, although it does seek an award
of attorneys' fees.}
\end{enumerate}
{\centering\selectlanguage{english}\bfseries
JURISDICTION AND VENUE
\par}

\liststyleWWviiiNumi
\setcounter{saveenum}{\value{enumi}}
\begin{enumerate}
\setcounter{enumi}{\value{saveenum}}
\item {\selectlanguage{english}
This Court has subject matter jurisdiction over this claim pursuant to
the Copyright Act, 17 U.S.C. section 101 et seq., 28 U.S.C. sections
1331 and 1338, and the Declaratory Judgment Act, 28 U.S.C. section
2201.}
\item {\selectlanguage{english}
Plaintiffs are informed, believe, and thereon allege that Defendant has
sufficient contact with this district generally and, in particular,
with the events herein alleged, including but not limited to its
promulgation over the Internet of the Oregon Revised Statutes in a form
available to millions of Californians, so as to subject it to both
personal jurisdiction in this Court and to make this Court a proper
venue pursuant to 28 U.S.C. section 1391. \ Defendant also sells to
California residents and ships to California. \ Defendant maintains an
Internet E{}-Commerce website at securepay.oregon.gov which sells to
residents of all states including California and Plaintiffs are
informed, believe and thereon allege that the securepay.oregon.gov
e{}-commerce server used by Defendant is physically located in San
Jose, California. \ Venue is also proper in this district under 28
U.S.C. {\S} 1391(b)(2) because a substantial part of the events or
omissions giving rise to the claim occurred in the Northern District of
California: \ \ defendant sent ``take down'' notices to and affecting
parties residing in the Northern District of California, and residents
of the Northern District of California are alleged to have infringed
copyright.}
\end{enumerate}
\clearpage{\centering\selectlanguage{english}\bfseries
FACTUAL ALLEGATIONS
\par}

\liststyleWWviiiNumi
\setcounter{saveenum}{\value{enumi}}
\begin{enumerate}
\setcounter{enumi}{\value{saveenum}}
\item {\selectlanguage{english}
\foreignlanguage{english}{On April 7, 2008, the State of Oregon
Legislative Counsel Committee (hereafter ``Committee'' ) wrote a
``take{}-down notice'' to plaintiff Justia, Inc. asking it to remove
all copies of Oregon Revised Statutes from the Internet and claiming a
copyright in (1) the arrangement and subject{}-matter compilation of
Oregon statutory law, (2) prefatory and explanatory notes, (3)
leadlines and numbering for each statutory section, and (4) the tables,
index and annotations of those laws. \ A copy of the Committee's letter
is attached hereto as Exhibit A.
[}\href{http://www.scribd.com/doc/2526821/Notice-of-Copyright-Infringement-and-Demand-to-Cease-and-Desist}{\textstyleInternetlink{\foreignlanguage{english}{link
to document on scribd.}}}\foreignlanguage{english}{]}}
\item {\selectlanguage{english}
\foreignlanguage{english}{On April 13, 2008, plaintiff
Public.Resource.Org wrote the committee explaining that (1) there is a
right to read public law which precludes the state's assertion of
copyright, and (2) the state was asserting a copyright over
non{}-copyrightable material. \ Carl Malamud, the president and CEO,
stated that Public.Resource.Org had posted, but had currently
restricted, both 2005 and 2007 copies of the Oregon Revised Statutes.
\ Mr. Malamud pointed out that section 173.763(1)(a)(H) of the Oregon
Revised Statutes spelled out a mandate of making available a number of
items including bills, bill histories, and ``all Oregon Laws enacted on
and after September 9, 1995.'' \ A copy of his April 13 letter is
attached as Exhibit B.
[}\href{http://www.scribd.com/doc/2530912/The-Honorable-Dexter-A-Johnson}{\textstyleInternetlink{\foreignlanguage{english}{link
to document on scribd}}}\foreignlanguage{english}{]}}
\item {\selectlanguage{english}
Mr. Malamud followed up his April 13 letter with an April 15 letter
explaining to the Committee that its own website ``does not meet
broadly accepted standards of functionality and validity.'' \ He
pointed out that ORS section 173.763 mandates that the law ``shall be
made available to the public through the largest nonproprietary,
nonprofit cooperative public computer network. \ The information shall
be made available in one or more formats and by one or more means in
order to provide the general public in this state with the greatest
feasible access.'' \ A copy of his April 15 letter is attached hereto
as Exhibit C.}
\item {\selectlanguage{english}
The Committee replied to the April 13 and April 15 letters by
promulgating, on or about April 29, a so{}-called ``Public License''
which would allow plaintiffs to post the Oregon Revised Statutes on the
Internet only if they acknowledged that portions of the Oregon Revised
Statutes ``are protected by copyright and other applicable law to the
extent stated in this license.'' \ The ``Public License'' stated, ``Any
copying, reproduction, download or other use of the ORS Website Edition
as provided on this website other than as authorized under this License
or under copyright law is prohibited.'' \ A copy of the ``Public
License'' is attached hereto as Exhibit D. \ A day later, the Committee
wrote to Tim Stanley, the head of Justia, informing him that it would
not require him to remove content ``at this time,'' but it did not back
down from or renounce its claim of copyright over portions of the
Oregon Revised Statutes (``ORS''), nor did the Committee rule out
future legal action to remove the ORS from Justia's website. \ A copy
of the state's April 30 letter is attached hereto as Exhibit E.}
\item {\selectlanguage{english}
Plaintiffs' counsel wrote to the Committee on May 2, 2008 informing the
Committee that plaintiffs had reached an impasse with the Committee,
and that plaintiffs intended to post the entirety of the Oregon Revised
Statutes, including the material the Committee had asserted a copyright
over, on June 2, 2008. \ A copy of the May 2 letter is attached hereto
as Exhibit F. }
\item {\selectlanguage{english}
\foreignlanguage{english}{It is generally recognized that the Oregon
Revised Statutes are the definitive statement of Oregon law as enacted
by the elected representatives of the citizens of Oregon. \ The
Wikipedia entry for ``Oregon Revised Statutes'' says it is the
``codified body of statutory law governing the U.S. state of Oregon, as
enacted by the Oregon Legislative Assembly.'' \ [Oregon Revised
Statutes, WikiPedia,
}\href{http://en.wikipedia.org/wiki/Oregon_Revised_Statutes}{\textstyleInternetlink{\foreignlanguage{english}{http://en.wikipedia.org/wiki/Oregon\_Revised\_Statutes}}}\foreignlanguage{english}{,
last accessed May 13, 2008]. \ That the Oregon Revised Statutes is
official is reinforced throughout the government. \ (See, e.g., Oregon
Department of Revenue which links to the Oregon Revised Statutes as
controlling law at
}\href{http://www.oregon.gov/DOR/adminrules.shtml}{\textstyleInternetlink{\foreignlanguage{english}{http://www.oregon.gov/DOR/adminrules.shtml}}}\foreignlanguage{english}{,
last accessed May 13, 2008 and City of Medford, Oregon, which also
links to the Oregon Revised Statutes at
}\href{http://www.ci.medford.or.us/Page.asp?NavID=1484}{\textstyleInternetlink{\foreignlanguage{english}{http://www.ci.medford.or.us/Page.asp?NavID=1484}}}\foreignlanguage{english}{,
last accessed May 13, 2008.)}}
\end{enumerate}
{\centering\selectlanguage{english}\bfseries
COUNT I: DECLARATORY RELIEF OF NON{}-INFRINGEMENT
\par}

\liststyleWWviiiNumi
\setcounter{saveenum}{\value{enumi}}
\begin{enumerate}
\setcounter{enumi}{\value{saveenum}}
\item {\selectlanguage{english}
Plaintiffs repeat and incorporate as though fully set forth herein each
and every allegations in paragraphs 1 through 12 above.}
\item {\selectlanguage{english}
There is a real and actual controversy between plaintiffs and the State
of Oregon Legislative Counsel Committee regarding whether the Committee
owns a copyright over portions of the Oregon Revised Statutes
(``ORS'').}
\item {\selectlanguage{english}
The Committee contends that it owns a copyright on the arrangement and
subject{}-matter compilation of ORS, the prefatory and explanatory
notes, the lead{}-lines and numbering for sections, and tables, indexes
and annotations.}
\item {\selectlanguage{english}
\foreignlanguage{english}{Plaintiffs contend that the Committee's
assertion of copyright is precluded by the First Amendment to the
United States Constitution, by Oregon law, by United States copyright
law, and by such authorities as
}\foreignlanguage{english}{\textit{Feist Publications, Inc. v. Rural
Telephone Service Co., Inc.}}\foreignlanguage{english}{, 499 U.S. 340
(1991) [alphabetical listings of names, accompanied by towns and
telephone numbers, in telephone book white pages held not
copyrightable] and }\foreignlanguage{english}{\textit{Matthew Bender \&
Co. v. West Publishing}}\foreignlanguage{english}{, 158 F.3d 674, 676
(2d Cir. 1998) [alterations to judicial opinions, such as annotating to
reflect subsequent procedural developments and choices on selection and
arrangement, ``can reasonably be viewed as obvious, typical, and
lacking even minimal creativity'']. \ Plaintiffs also contend that the
Oregon Revised Statutes are in the public domain and that any use they
are making or propose to make of the ORS is a fair use pursuant to 17
U.S.C. section 107. \ Indeed, the Committee itself in its April 7
letter (Exhibit A) conceded that the entirety of the Oregon Revised
Statutes is freely available online at the Oregon Legislative
Assembly's own website.}}
\item {\selectlanguage{english}
\foreignlanguage{english}{Since the ORS is used by the executive branch,
legislative branch, courts and lawyers as a statement of the law (the
Committee calls the printed version the ``official legal text'' on its
website,
}\href{http://www.leg.state.or.us/ors}{\textstyleInternetlink{\foreignlanguage{english}{www.leg.state.or.us/ors}}}\foreignlanguage{english}{
), it has ``enter[ed] the public domain and [is] not subject to the
copyright holder's exclusive prerogatives.''
\ }\foreignlanguage{english}{\textit{Veeck v. Southern Building Code
Congress Intl., Inc.}}\foreignlanguage{english}{, 293 F.3d 791, 793.}}
\item {\selectlanguage{english}
Plaintiffs therefore request that the Court determine and adjudge that
each and every one of the propositions stated in paragraphs 16 and 17
above states the law applicable to the facts stated in this action, and
that plaintiffs have a right to post the Oregon Revised Statutes
including the organizational scheme of the statutes, the numbers and
leadlines, editorial notes, source notes and prefatory material, the
index, the annotations, tables, and other material as to which the
Committee claims copyright ownership.}
\end{enumerate}
\clearpage{\centering\selectlanguage{english}\bfseries
PRAYER FOR RELIEF
\par}

{\selectlanguage{english}
WHEREFORE, plaintiffs pray for relief as follows:}

{\selectlanguage{english}
1.  A declaratory judgment that the use they have made and propose to
make of the Oregon Revised Statutes is not an infringement of
copyright;}

{\selectlanguage{english}
2.  Injunctive relief restraining Defendant, and its agents, servants,
employees, successors and assigns, and all those in privity with it,
from bringing any lawsuit or threat against plaintiffs for copyright
infringement for their use of the Oregon Revised Statutes, including
but not limited to plaintiffs' publication, distribution, display,
licensing, arrangement, or the ability to host it online or link to it
from any website;}

{\selectlanguage{english}
3.  Attorney's fees pursuant to, \textit{inter alia}, 17 U.S.C. section
505, on a private attorney general basis according to California Code
of Civil Procedure section 1021.5, or otherwise as allowed by law;}

{\selectlanguage{english}
4.  For plaintiffs' costs and disbursements; and}

{\selectlanguage{english}
5.  For such other and further relief as the court may deem just and
proper.}

{\selectlanguage{english}
\foreignlanguage{english}{Dated: \ }\foreignlanguage{english}{May 16,
2008}\foreignlanguage{english}{     }\foreignlanguage{english}{LEVY,
RAM \& OLSON LLP }}


\bigskip

{\selectlanguage{english}
\foreignlanguage{english}{\newline
      By: }\foreignlanguage{english}{     }}

{\selectlanguage{english}
       Karl Olson}

{\selectlanguage{english}
       ko@lrolaw.com}

{\selectlanguage{english}
       LEVY, RAM \& OLSON LLP}

{\selectlanguage{english}
       639 Front Street, 4th Floor}

{\selectlanguage{english}
       San Francisco, CA \ 94111}

{\selectlanguage{english}
       Telephone: \ 415{}-433{}-4949}

{\selectlanguage{english}
       Facsimile: \ 415{}-433{}-7311}


\bigskip

{\selectlanguage{english}
\foreignlanguage{english}{      
}\foreignlanguage{english}{\textit{Attorneys for Plaintiffs}}}

\clearpage\pagestyle{exhibitc}
{\centering\selectlanguage{english}
Exhibit C: PUBLIC LICENSE PROPOSED BY OREGON LEGISLATIVE COUNSEL
\par}

{\selectlanguage{english}
The ORS Website Edition (defined below) is provided on this website
under the terms of this public license (``License''). Portions of the
Oregon Revised Statutes are protected by copyright and other applicable
law to the extent stated in this license. Any copying, reproduction,
download or other use of the ORS Website Edition as provided on this
website other than as authorized under this License or under copyright
law is prohibited.}


\bigskip

{\selectlanguage{english}
By exercising any rights to the ORS Website Edition, You accept and
agree to be bound by the terms of this License. To the extent this
License may be considered to be a contract, the State of Oregon, acting
by and through the Legislative Counsel Committee (``Licensor''), grants
You the rights contained in this License in consideration of your
acceptance of such terms and conditions and your promise to abide by
the limitations set forth in this License.}


\bigskip

{\selectlanguage{english}
Subject to the limitations described in this paragraph, the Oregon
Revised Statutes is copyrighted by the State of Oregon and, except as
authorized under this License, may not be reproduced or distributed by
any means or in any manner without the written permission of the Office
of the Legislative Counsel. This copyright extends solely to the
organizational scheme of the statutes, the numbers and Leadlines
(defined below) that appear at the head of each section, all Editorial
Notes, Source Notes and Prefatory Material (defined below), the Index
(defined below), the Annotations (defined below), all Tables (defined
below) and any other material produced by the Office of the Legislative
Counsel as part of the compilation and production of the Oregon Revised
Statutes. The State of Oregon disclaims any copyright in the text of
the statutes as enacted by the Oregon Legislative Assembly. Any person
may refer or cite to any portion of the Oregon Revised Statutes in any
work, including to any section number, and may quote from any
copyrighted portion of the Oregon Revised Statutes to the extent
consistent with fair use under Title 17 of the United States Code.}


\bigskip

{\selectlanguage{english}\bfseries
1. Definitions}


\bigskip

{\selectlanguage{english}
As used in this License:}


\bigskip

{\selectlanguage{english}
\foreignlanguage{english}{``}\foreignlanguage{english}{Annotations''
means the case law annotations to the Oregon Revised Statutes compiled
and printed as the last volume of the Oregon Revised Statutes or as the
Annotations Cumulative Supplement.}}


\bigskip

{\selectlanguage{english}
\foreignlanguage{english}{``}\foreignlanguage{english}{Collective Work''
means a work, such as a periodical issue, anthology, citation service,
digest, encyclopedia or other collection, in which the entirety or
portions of the ORS Website Edition, in unmodified form and exclusive
of those parts of the ORS Website Edition over which Licensor does not
claim copyright, are assembled into a collective whole, along with one
or more other contributions constituting separate and independent works
in themselves. A work that constitutes a Collective Work is not a
Derivative Work for the purposes of this License.}}


\bigskip

{\selectlanguage{english}
\foreignlanguage{english}{``}\foreignlanguage{english}{Commercial
Advantage'' means a use of the ORS Website Edition in which You charge
or receive, directly or indirectly, any monetary compensation or thing
of value for distributing copies of, displaying, performing or
otherwise providing or granting access to the ORS Website Edition to
any person. ``Commercial Advantage'' does not include monetary
compensation or a thing of value You receive in connection with a
display of advertising or related to an offer of services in the
ordinary operation of a website You control, provided that the display
or offer is not connected with or contingent on the distribution,
display or performance of the ORS Website Edition on the website and
provided that You state on the website that the State of Oregon does
not evaluate, endorse, approve, warrant, support or have any liability
or responsibility for, knowledge of or connection with the services
offered or any advertising displayed.}}


\bigskip

{\selectlanguage{english}
\foreignlanguage{english}{``}\foreignlanguage{english}{Derivative Work''
means a work based upon the ORS Website Edition or upon the ORS Website
Edition and other pre{}-existing works, such as a translation,
abridgment, condensation, or any other form in which the ORS Website
Edition may be recast, transformed or adapted, except that a work that
constitutes a Collective Work is not a Derivative Work for the purposes
of this License.}}


\bigskip

{\selectlanguage{english}
\foreignlanguage{english}{``}\foreignlanguage{english}{Edition,''
including a use of the term ``Edition'' as part of the term ``ORS
Website Edition,'' means a compilation of the Oregon Revised Statutes
prepared for use during a particular year or biennium as, more or less,
the currently effective statute laws of the State of Oregon and that is
so identified on a website maintained by the State of Oregon, in the
text of the Oregon Revised Statutes or the ORS Website Edition or, in
the printed version of the Oregon Revised Statutes, on the title page
of each printed volume.}}


\bigskip

{\selectlanguage{english}
\foreignlanguage{english}{``}\foreignlanguage{english}{Editorial Notes''
means explanatory notes in the Oregon Revised Statutes that appear
immediately before or after the text of a statutory section and explain
some aspect of the wording, placement, status, effectiveness or
application of the section.}}


\bigskip

{\selectlanguage{english}
\foreignlanguage{english}{``}\foreignlanguage{english}{Index'' means the
alphabetical list of subjects or topics, and statutory section numbers
that correspond to those subjects or topics, usually but not always
compiled into and printed as volumes 18 and 19 of the Oregon Revised
Statutes.}}


\bigskip

{\selectlanguage{english}
\foreignlanguage{english}{``}\foreignlanguage{english}{Leadlines'' means
the brief summaries of the provisions of sections of the Oregon Revised
Statutes that appear in boldface immediately after the numbers that
identify sections of the Oregon Revised Statutes.}}


\bigskip

{\selectlanguage{english}
\foreignlanguage{english}{``}\foreignlanguage{english}{Licensor'' means
the State of Oregon, acting by and through the state's Legislative
Counsel Committee.}}


\bigskip

{\selectlanguage{english}
\foreignlanguage{english}{``}\foreignlanguage{english}{Oregon Revised
Statutes'' means an Edition of the official topically compiled
permanent and general statute laws of the State of Oregon, together
with the topical and hierarchical schemes, Annotations,
cross{}-references, Editorial Notes, Indexes, Leadlines, Prefatory
Material, Source Notes, Tables and text of the Oregon Constitution and
the Oregon Rules of Civil Procedure, or any part thereof, that the
Legislative Counsel Committee compiles, produces or publishes.}}


\bigskip

{\selectlanguage{english}
\foreignlanguage{english}{``}\foreignlanguage{english}{ORS Website
Edition'' means the text of the current Edition of the Oregon Revised
Statutes that is posted on the same website on which this License
appears.}}


\bigskip

{\selectlanguage{english}
\foreignlanguage{english}{``}\foreignlanguage{english}{Prefatory
Material'' means that part of the Oregon Revised Statutes that appears
at the beginning of volume 1 of the printed version of the Oregon
Revised Statutes, and such other text as may appear at the beginnings
of volumes or chapters of the Oregon Revised Statutes or in other
places in the Oregon Revised Statutes, and that explains how the
statutes are compiled and the history, use and constituent parts of the
Oregon Revised Statutes, or that provides other information of a
similar character or content.}}


\bigskip

{\selectlanguage{english}
\foreignlanguage{english}{``}\foreignlanguage{english}{Source Notes''
means the citations that appear in small print after a statutory
section or number and that cite the year of enactment, amendment or
repeal of the statutory section and the Oregon Laws chapter and section
that enacted, amended or repealed the section.}}


\bigskip

{\selectlanguage{english}
\foreignlanguage{english}{``}\foreignlanguage{english}{Tables'' means
the tables of data that are usually but not always compiled into and
printed as volume 20 of the Oregon Revised Statutes and that contain
historical material and such other tables as may appear elsewhere in
the Oregon Revised Statutes, except for tables that appear in the text
of the statutes as enacted by the Oregon Legislative Assembly.}}


\bigskip

{\selectlanguage{english}
\foreignlanguage{english}{``}\foreignlanguage{english}{You'' means an
individual or entity exercising rights under this License that has not
previously violated the terms of this License with respect to the ORS
Website Edition, or that has received express permission from Licensor
to exercise rights under this License despite a previous violation.}}


\bigskip

{\selectlanguage{english}\bfseries
2. Fair Use Rights}


\bigskip

{\selectlanguage{english}
Nothing in this License is intended to reduce, limit or restrict any
rights arising from fair use, first sale or other limitations on the
exclusive rights of the copyright owner under copyright law or other
applicable laws.}


\bigskip

{\selectlanguage{english}\bfseries
3. License Grant}


\bigskip

{\selectlanguage{english}
Subject to the terms and conditions of this License, Licensor hereby
grants You a worldwide, royalty{}-free, nonexclusive, perpetual
license, for the duration of the applicable copyright in the ORS
Website Edition that is specifically subject to this License, to
exercise the following rights in the ORS Website Edition:}


\bigskip

{\selectlanguage{english}
 a. You may reproduce the ORS Website Edition, incorporate the ORS
Website Edition into one or more Collective Works, and reproduce the
ORS Website Edition as incorporated in the Collective Works; and}


\bigskip

{\selectlanguage{english}
 b. You may distribute copies of the ORS Website Edition, display or
perform the ORS Website Edition publicly, and perform the ORS Website
Edition publicly by means of a digital transmission, including as
incorporated in Collective Works.}


\bigskip

{\selectlanguage{english}
You may exercise these rights in all media and formats whether now known
or hereafter devised. These rights include the right to make such
modifications as are technically necessary to exercise the rights in
other media and formats, but otherwise You have no rights to make
Derivative Works. All rights not expressly granted by Licensor are
hereby reserved.}


\bigskip

{\selectlanguage{english}\bfseries
4. Restrictions}


\bigskip

{\selectlanguage{english}
The rights granted in section 3 of this License are expressly made
subject to and limited by the following restrictions:}


\bigskip

{\selectlanguage{english}
 (a) With every copy of the ORS Website Edition that You distribute,
publicly display, publicly perform or publicly digitally perform, You
must include a copy of this License or the Uniform Resource Identifier
for the web page on which this License appears. You may not offer or
impose any terms on the ORS Website Edition that restrict the terms of
this License or the ability of a recipient of the ORS Website Edition
to exercise the rights granted to that recipient under the terms of
this License. You may not sublicense the ORS Website Edition. You must
keep intact all notices that refer to this License and to the
disclaimer of warranties. When You distribute, publicly display,
publicly perform or publicly digitally perform the ORS Website Edition,
You may not impose any technological measures on the ORS Website
Edition that restrict the ability of a person that receives the ORS
Website Edition from You to exercise the rights granted to that person
under the terms of the License. This paragraph applies to the ORS
Website Edition as incorporated in a Collective Work, but this does not
require the Collective Work apart from the ORS Website Edition itself
to be made subject to the terms of this License. If You create a
Collective Work, upon notice from Licensor You must, to the extent
practicable, remove from the Collective Work any credit required by
paragraph (c) of this section, as requested.}


\bigskip

{\selectlanguage{english}
 (b) You may not exercise any of the rights granted to You in section 3
of this License in any manner for Commercial Advantage. The exchange of
the ORS Website Edition for other copyrighted works by means of digital
file{}-sharing or otherwise shall not be considered to be for
Commercial Advantage, provided there is no payment of any monetary
compensation in connection with the exchange of copyrighted works.}


\bigskip

{\selectlanguage{english}
 (c) If You distribute, publicly display, publicly perform or publicly
digitally perform the ORS Website Edition or Collective Works, You
must, unless Licensor has given You notice to the contrary under
paragraph (a) of this section, keep intact all copyright notices for
the ORS Website Edition and provide, to the degree reasonable for the
medium or means You are using, the following notice:}


\bigskip

{\selectlanguage{english}
Subject to the limitations described in this paragraph, the Oregon
Revised Statutes is copyrighted by the State of Oregon and may not be
reproduced or distributed by any means or in any manner without the
written permission of the Office of the Legislative Counsel. This
copyright extends solely to the organizational scheme of the statutes,
the numbers and leadlines that appear at the head of each section, all
editorial notes, source notes and prefatory material, the index, the
annotations, all tables and any other material produced by the Office
of the Legislative Counsel as part of the compilation and production of
the Oregon Revised Statutes. The State of Oregon disclaims any
copyright in the text of the statutes as enacted by the Oregon
Legislative Assembly. Any person may refer or cite to any portion of
the Oregon Revised Statutes in any work, including to any section
number, and may quote from any copyrighted portion of the Oregon
Revised Statutes to the extent consistent with fair use under Title 17
of the United States Code.}


\bigskip

{\selectlanguage{english}
 (d) You may use the notice required by paragraph (c) of this section
only for the purpose of attribution in the manner set out above. By
exercising rights under this License, You may not implicitly or
explicitly assert or imply that the State of Oregon, the Legislative
Counsel Committee or the Office of the Legislative Counsel sponsors or
endorses You or any use of the ORS Website Edition by You.}


\bigskip

{\selectlanguage{english}\bfseries
5. Representations, Warranties and Disclaimer}


\bigskip

{\selectlanguage{english}
LICENSOR OFFERS THE ORS WEBSITE EDITION AS{}-IS AND ONLY TO THE EXTENT
OF ANY RIGHTS HELD IN THE LICENSED ORS WEBSITE EDITION BY LICENSOR.
LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING
THE ORS WEBSITE EDITION, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY,
MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR
THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR
ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY
NOT APPLY TO YOU.}


\bigskip

{\selectlanguage{english}
UNDER ORS 171.285, THE ORS WEBSITE EDITION DOES NOT CONSTITUTE THE
OFFICIAL TEXT OF OREGON LAW AND IS NOT PRIMA FACIE EVIDENCE OF THE LAW
IN ANY COURT OR PROCEEDING. FOR THE OFFICIAL TEXT OF THE OREGON REVISED
STATUTES, YOU ARE ADVISED TO CONSULT THE PRINTED EDITION OF THE OREGON
REVISED STATUTES THAT BEARS THE CERTIFICATE REQUIRED FROM THE OFFICE OF
THE LEGISLATIVE COUNSEL OR THE REVISOR OF STATUTES UNDER ORS 171.285.}


\bigskip

{\selectlanguage{english}\bfseries
6. Limitation on Liability}


\bigskip

{\selectlanguage{english}
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL
LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR DAMAGES OF
ANY OTHER CHARACTER OR KIND ARISING OUT OF THIS LICENSE OR THE USE OF
THE ORS WEBSITE EDITION, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.}


\bigskip

{\selectlanguage{english}\bfseries
7. Termination}


\bigskip

{\selectlanguage{english}
This License and the rights granted hereunder will terminate
automatically upon any breach by You of the terms of this License.
Individuals or entities who have received Collective Works from You
under this License, however, will not have the licenses terminated,
provided the individuals or entities remain in full compliance with
those licenses. Sections 1, 2, 5, 6, 7 and 8 of this License survive
any termination of this License.}


\bigskip

{\selectlanguage{english}
Licensor reserves the right to release the ORS Website Edition under
different license terms or to stop distributing the ORS Website Edition
at any time provided, however, that any such election does not withdraw
this License (or any other license that has been, or is required to be,
granted under the terms of this License), and this License will
continue in full force and effect unless terminated as stated in this
section.}


\bigskip

{\selectlanguage{english}\bfseries
8. Miscellaneous}


\bigskip

{\selectlanguage{english}
Each recipient of a distribution of the ORS Website Edition provided by
You and each performance or public digital performance of the ORS
Website Edition that is based on a distribution of the ORS Website
Edition provided by You is subject to the same terms and conditions
granted to You under this License. In providing a distribution of the
ORS Website Edition to a recipient or in performing or publicly
digitally performing the ORS Website Edition You may not modify or
disclaim a term or condition of this License.}


\bigskip

{\selectlanguage{english}
You agree that if any term or provision of this License is declared by a
court of competent jurisdiction to be illegal or in conflict with any
law, the validity of the remaining terms and provisions is not
affected, and the remaining rights and obligations granted to You shall
be construed and enforced as if this License did not contain the
particular term or provision held to be invalid.}


\bigskip

{\selectlanguage{english}
No term or provision of this License shall be deemed waived and no
breach consented to unless such waiver or consent shall be in writing
and signed by the party to be charged with such waiver or consent.}


\bigskip

{\selectlanguage{english}
This License constitutes the entire agreement between Licensor and You
with respect to the ORS Website Edition licensed here. There are no
understandings, agreements or representations with respect to the ORS
Website Edition not specified here. Licensor shall not be bound by any
additional provisions that may appear in any communication from You.
Except for any typographical or other nonsubstantive changes, this
License may not be modified except by Licensor after 60 days' notice
given on the website on which the License appears.}
\end{document}
