The CP solves the case. Unauthorized reproduction of the standards wouldn’t be possible because the original materials won’t be republished.

Emily S. Bremer, “Technical Standards Meet Administrative Law: A Teaching Guide on Incorporation by Reference,” Notre Dame Law School Scholarship, https://scholarship.law.nd.edu/law_faculty_scholarship/1406/

Each year, federal administrative agencies routinely adopt thousands of legally binding rules through a process that culminates in those rules being published in the Federal Register and codified in the Code of Federal Regulations (CFR). This module offers law faculty the information, plans, and resources needed to introduce students to a common federal rulemaking practice called incorporation by reference. When an agency incorporates by reference, it promulgates a rule that, with approval from the Office of the Federal Register (OFR), identifies but does not reprint material already published elsewhere. The identified materials are then "deemed published in the Federal Register" and in the CFR.2 The incorporated materials become part of the agency's rule thus becoming binding law without actually being included in the law.

Sometimes the incorporated materials are what are commonly known as private or voluntary "standards."3 Such standards are developed by industry groups or nongovernmental organizations and are relied upon widely by many companies in the design of their products and processes. Standards that are incorporated by reference may therefore be enforced against regulated entities, even though those entities cannot find any actual text detailing their legal obligations in the official public code; the incorporated standards can only be found elsewhere, often in private, copyrighted collections of standards developed and maintained by industry associations or private standard-setting organizations (SSOs). It is valuable for students to learn about incorporation by reference because the practice is widespread across administrative agencies. According to the Standards Incorporated by Reference (SIBR) database maintained by the National Institute of Standards and Technology (NIST), federal regulations contain more than 23,000 incorporations of private standards by reference. 4 The topic of incorporation by reference is important both because it raises issues arising in professional practice and because it raises core legal and institutional issues.