November 30, 2004

Recipient Information:
Assistant Director, Legal Affairs
The College Board
New York, NY, 10023, USA

Sent via: mail
Re:

Dear Attorney [Private]:

The National Center for Fair & Open Testing, Inc. (FairTest) is in receipt of your October 27, 2004 letter informing us that our organization's use of certain material "requires the expressed permission of the College Board."

With respect to the first item cited in your letter, http://fairtest.org/nattest/ACT%20Scores%202004%20Chart.pdf
the College Board's claim is ludicrous since the data are scores from the ACT test produced by a firm that has no legal connection to your employer.

As for the second item,
http://fairtest.org/nattest/SAT%20Scoresn%202004%20Chart.pdf
we have consulted with our legal counsel. Since the raw data on SAT scores, from which this chart is derived, are widely available in the public domain, having previously been published by a variety of news media outlets and research journals, they are not subject to copyright protection.

We do, however, recognize that disseminating information demonstrating race, gender and income gaps on the SAT "significantly impacts the perceptions of students, parents and educators regarding the services we provide," as your letter on behalf of the College Board noted. And, we appreciate your recognition that FairTest is "a formidable organization within a community which has often authored dialogue concerning College Board offerings."

It is in the spirit of your comments that FairTest will continue circulating the SAT score charts it has researched and designed.

Sincerely,

[Private]
Public Education Director

Cc: [Private], esq.