Law360 (July 17, 2018, 2:56 PM EDT) -- The D.C. Circuit ruled Tuesday on a closely watched case over copyright protection for private industry rules that are later transformed into federal law, tossing out a lower court's decision but leaving "far thornier" constitutional questions for another day.
The decision came in a long-running battle over so-called standards incorporated by reference, rules created by private industry groups that are later adopted as federal regulations. Those private groups say they can still charge for access, but transparency groups say the rules should be free for all.
On Tuesday, although it noted "a serious constitutional concern with permitting private ownership of standards...
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