[neekburm]

I think the court neatly avoided that question by relying on fair use rather than extinguishment of copyright as a basis for allowing the copying of the standards.

A "taking" generally requires the government to deprive the owner of all reasonable use of the property. If the government places reasonable limitations on the use of property but doesn't actually deprive the owner of the property, it's not a taking. See Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978).