Normal means is that the plan has the courts rule that copyrights are property that fall under the takings clause.

John Burroughs, “Incorporated Standards and Fair Use: Remaining Uncertainties Set the Stage for Further Litigation,” The University of Chicago Business Law Review, https://businesslawreview.uchicago.edu/online-archive/incorporated-standards-and-fair-use-remaining-uncertainties-set-stage-further

III. Conclusion

The outcome in American Society for Testing & Materials v. Public.Resource.Org, Inc. will likely accelerate the development of the law surrounding this issue. The additional questions raised by the court’s holding, as well as the economic and public policy interests at stake, indicate that future litigation (and possibly even legislation) are on the horizon. Perhaps the most important of these issues that will likely see further litigation is whether or not the Takings Clause mandates compensation when privately developed standards are incorporated by reference into law, thereby costing SDOs revenue by allowing free publication of their standards on fair-use grounds. In wrestling with this question, courts will finally have to address whether or not copyrights are considered property that falls under the Takings Clause. The case may therefore ultimately force the resolution of a long-standing ambiguity in takings jurisprudence and copyright law. Regardless of precisely how and when this and other resulting uncertainties are resolved, this area of the law is now one to watch for future developments.