Cambridge University Press et al v. Patton et al

Filing 331

DEPOSITION of John M. Murphy taken on April 22, 2011 by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16)(Rains, John)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CAMBRIDGE UNIVERSITY PRESS, et al., Plaintiffs, vs. MARK P. BECKER, in his official capacity as Georgia State University President, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action File No. 1:08-CV-1425-ODE - - Videotaped deposition of JOHN M. MURPHY, taken on behalf of the plaintiffs, pursuant to the stipulations contained herein, before Teresa Bishop, RPR, RMR, CCR No. B-307, at 1180 Peachtree Street, 16th Floor, Atlanta, Georgia, on Friday, April 22, 2011, commencing at the hour of 10:03 a.m. _______________________________________________________ Shugart & Bishop Certified Court Reporters Suite 140 13 Corporate Square Atlanta, Georgia 30329 (770) 955-5252 CAMBRIDGE vs. BECKER JOHN MURPHY 1 APRIL 22, 2011 I N D E X 2 Examinations Page 3 4 5 EXAMINATION BY MR. BLOOM 5 6 7 8 9 E X H I B I T S 10 11 No. Description Page 12 13 1 curriculum vitae 8 14 2 GSU copyright policy 22 15 3 declaration of John M. Murphy 32 16 17 executed on March 16, 2011 4 18 19 GoSolar report for summer 35 semester 2009 5 20 readings associated with the 37 course AL 8480 21 6 syllabus for the AL 8480 course 37 22 7 fair use checklist for 44 23 24 "Pronunciation Games" 8 fair use checklist for "Keep Talking" 44 25 SHUGART & BISHOP Page 2 CAMBRIDGE vs. BECKER 1 9 10 44 fair use checklist for "Grammar 44 Practice Activities" 4 5 fair use checklist for "More APRIL 22, 2011 Grammar Games" 2 3 JOHN MURPHY 11 fair use checklist for "Five-Minute 45 Activities" 6 7 12 fair use checklist for "Newspapers" 45 8 13 fair use checklist for "Role Play" 45 9 14 fair use checklist for "Writing: Resource 46 Books for Teachers " 10 11 15 fair use checklist for "Vocabulary" 45 12 16 title page and table of contents from 53 13 "Pronunciation Games" 14 15 16 17 18 - - - 19 (Disclosure was made pursuant to O.C.G.A. Annotated 9-11-28 20 (c) and (d) and 15-14-37 (a), (b) and (c).) 21 - - - 22 23 24 25 SHUGART & BISHOP Page 3 CAMBRIDGE vs. BECKER 1 JOHN MURPHY APRIL 22, 2011 APPEARANCES OF COUNSEL: 2 3 FOR THE PLAINTIFFS: 4 5 6 7 8 JONATHAN BLOOM ATTORNEY AT LAW WEIL GOTSHAL & MANGES 767 FIFTH AVENUE NEW YORK, NY 10153-0119 212.310.8238 JONATHAN.BLOOM@WEIL.COM 9 10 FOR THE DEFENDANTS: 11 12 13 14 15 KATRINA M. QUICKER ATTORNEY AT LAW BALLARD SPAHR LLP SUITE 1000 999 PEACHTREE STREET ATLANTA, GA. 30309-3915 678.420.9300 QUICKERK@BALLARDSPARH.COM 16 17 ALSO PRESENT: 18 19 KENNITH DRAKE, VIDEOGRAPHER 20 21 - - - 22 23 24 25 SHUGART & BISHOP Page 4 CAMBRIDGE vs. BECKER JOHN MURPHY THE VIDEOGRAPHER: 1 APRIL 22, 2011 This will be the 2 videotaped deposition of John Murphy taken 3 by the plaintiffs in the matter of 4 Cambridge University Press, Oxford 5 University Press Inc. and Sage Publications 6 Inc., versus Mark P. Becker, in his 7 official capacity as Georgia State 8 University president, et. al. The date is April 22nd, 2011. 9 We're on the record at 10:03. 10 JOHN M. MURPHY, 11 12 having been first duly sworn, was examined and testified as 13 follows: EXAMINATION 14 15 16 BY MR. BLOOM: Q. Good morning, Professor Murphy. My name is 17 Jonathan Bloom. I'm with the law firm of Weil Gotshal & 18 Manges. 19 are, as you know, Cambridge University, Oxford 20 University Press and Sage Publications. 21 you some questions here this morning. 22 to not keeping you too long. I represent the plaintiffs in this action who I'll be asking We're committed Have you been deposed before? 23 24 A. Never. 25 Q. Okay. Just give you some quick ground rules SHUGART & BISHOP Page 5 CAMBRIDGE vs. BECKER 1 JOHN MURPHY APRIL 22, 2011 which your counsel may have already gone over with you. 2 I just need you to wait until I've finished 3 with my question before you answer so Ms. Bishop can 4 transcribe our respective words accurately. 5 to answer orally rather than nodding your head or saying 6 uh-huh or anything like that so again the record is 7 clear. 8 just let me know. I need you You can take a break if you need to at any time, Your counsel may object from to time to my 9 10 questions, but unless she instructs you not to answer, 11 you can answer the question if you understand it. 12 question isn't clear for any reason, just say I don't 13 understand, can you rephrase, something like that and 14 I'll be happy to rephrase the question. 15 Just some quick preliminaries. 16 If my What if anything did you do to prepare for the deposition? A. 17 What if anything did I do to prepare. 18 didn't do anything. 19 I I mean, I had a preparation with Katrina two days ago. 20 Q. How long did you meet for approximately? 21 A. I guess it was about two hours. 22 Q. Okay. 24 A. Did I look at any documents. 25 remember. 23 And did you look at any documents with her? I'm trying to Yes. SHUGART & BISHOP Page 6 CAMBRIDGE vs. BECKER 1 2 Q. Okay. JOHN MURPHY APRIL 22, 2011 Were those documents that were provided to you by counsel? 3 A. That's correct. 4 Q. Okay. And were you asked to save any 5 documents in connection with this litigation at any 6 time? 7 8 9 A. I'm not sure I understand. Do you mean since two days ago when I met with Katrina? Q. No, just going back sort of to the beginning 10 of this litigation, were you at any time asked by 11 counsel to preserve or save documents in your possession 12 for purposes of this action? 13 14 15 A. To preserve or save, no, no one asked me to do that. Q. All right. Did you at some point provide 16 counsel with documents in your possession in connection 17 with this litigation? 18 19 20 A. I'm not sure because what does the word counsel refer to? Q. Does it refer to Katrina? Well, it could refer to -- I meant it to refer 21 to any lawyers at King & Spalding or the legal affairs 22 office at Georgia State University. 23 A. Yeah, yes. Yes. 24 Q. So you did provide some documents -- 25 A. Yes. SHUGART & BISHOP Page 7 CAMBRIDGE vs. BECKER 1 2 Q. JOHN MURPHY -- to counsel. APRIL 22, 2011 Was it King & Spalding counsel? 3 A. I believe it was the university office. 4 Q. Okay. 5 And those included fair use checklists, is that correct? 6 A. Yes. 7 Q. And some other documents? 8 A. Fair use checklist. 9 10 11 They didn't specifically request it, but I provided them with my course syllabus, also. Q. Okay. We'll get to that. Let me show you what I've marked as Murphy 12 13 Plaintiff's Exhibit 1, which is a document that says on 14 the first page John M. Murphy, curriculum vitae. I ask you just to flip through it and tell me 15 16 if in fact this is your curriculum vitae? 17 A. Yes, uh-huh. 18 Q. Does it appear to be accurate? 19 need you -- 20 A. 21 22 And I don't Yeah, I'm looking at the first page and it does appear to be accurate, yes. Q. There's nothing missing that you would care to 23 add for the record as far as you can tell, is that 24 correct? 25 A. It looks right. SHUGART & BISHOP Page 8 CAMBRIDGE vs. BECKER 1 2 Q. Okay. JOHN MURPHY APRIL 22, 2011 So you are a full professor, is that correct? 3 A. Yes. 4 Q. Meaning you have tenure? 5 A. That's correct. 6 Q. And you are in the department of applied 7 linguistics and English as a second language, is that 8 correct? 9 A. Yes. 10 Q. Can you just tell me briefly what that field 11 12 entails? A. So applied linguistics and English as a second 13 language, we do language teacher preparation so to 14 teach -- primarily to teach English to speakers of other 15 languages, but it could be to teach other languages to 16 folks that who don't speak those languages either. 17 It's the application -- we prepare language 18 teachers, so it's the application of knowledge about 19 language teaching in general. 20 Q. Does it cover specific languages? 21 A. The primary focus of the department is to 22 teach English to speakers of other languages. 23 often get folks in our courses who are going to be 24 French teachers or Chinese teachers or Korean teachers. 25 Q. Okay. But we I guess that was a bad question. SHUGART & BISHOP Page 9 CAMBRIDGE vs. BECKER 3 APRIL 22, 2011 Does it focus on teaching students whose 1 2 JOHN MURPHY native language is a particular group of languages? A. No. It's anyone whose native language is not 4 English. 5 it's not so much -- I'm not working with language 6 learners primarily, I'm working with people who are 7 going to be language teachers. 8 9 Q. Although I do the teacher preparation part, so And when did you begin teaching at Georgia State University? 10 A. The fall of 1988. 11 Q. Okay. And do I take it from the first page 12 here that you became an assistant professor at Georgia 13 State University in 1998? 14 A. No. Well, I'm not looking at the page right 15 now, but my appointment in 1988 was as an assistant 16 professor. 17 Q. I see. The reason I ask it says under 18 professional credentials, it says assistant professor 19 1998 to 1994, Georgia State University. 20 A. That is incorrect. 21 Q. So that 1998 should be 1988? 22 A. That should be 1988, yes. 23 Q. Got you. 24 25 Okay. And you've taught in the same department from 1988 until the present, is that correct? SHUGART & BISHOP Page 10 CAMBRIDGE vs. BECKER 1 A. Yes. 2 Q. JOHN MURPHY Okay. APRIL 22, 2011 Yes. Just looking at some of the credentials 3 that you have included on your CV here, I notice on page 4 2 under Roman IV you served on some search committees 5 for positions within the department, is that correct? 6 A. Yes. 7 Q. Okay. 8 And can you just sort of describe what the search committee process entails? A. 9 Yes. Search committee, so the department is 10 able to negotiate with the dean that there's a job 11 opening aligned, and we advertise nationally, 12 internationally. 13 position. Typically it's for a tenured track In fact I just chaired one recently. And advertisements go out. 14 Applications come 15 in. Advertisements have to be -- appear in particular 16 forms, like the Chronicles of Higher Education, 17 different list serves for applied linguistics. 18 there's affirmative action type requirements we have to 19 meet. Applications come in. 20 And There's typically a 21 committee that's composed of three or four people with 22 one person designated as chair. 23 chair is formed at the discretion of the department 24 chair. 25 the deadline has come in for when they're supposed to The committee and the So then as a committee we review the files after SHUGART & BISHOP Page 11 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 arrive. And we look through all the files, try to 2 figure out who are the top candidates. 3 to the whole faculty, the tenured track faculty, which 4 right now I believe it's nine people. 5 committee hones it down to about six people. We make a report And the search 6 We start to do telephone interviews. So we 7 telephone the candidates, we telephone the people that 8 they're using as a references or other people who might 9 know about the qualifications of the candidates. We get 10 that pooled down to about four people typically. Then 11 there's on-campus interviews. They come, individually they visit for two 12 13 days typically. They meet individually with the chair 14 person, with the search committee, with the whole 15 graduate faculty. 16 nontenured track in the department. 17 students. 18 research presentation of whatever their current research 19 is. 20 there's a couple informal settings. They'll meet with lecturers who are They meet with grad They do a job talk, which is typically a And there's -- we take them out to dinner twice, so So we repeat that process with four different 21 22 people. There's exit interviews with the assistant dean 23 and the dean of the college. 24 people have visited, we've had written feedback by the 25 different constituencies as who they would prefer as a And eventually after all SHUGART & BISHOP Page 12 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 candidate. 2 We consult with the whole faculty and eventually we make 3 a nonbinding recommendation to the chair. It's ultimately the chair's decision as far as 4 5 6 And then the search committee deliberates. who gets the hire. Q. Just take as an example, you list search 7 committee for three tenure track assistant professor 8 positions in 2002. 9 A. Uh-huh. 10 Q. Okay. Do you see that? 11 12 And that resulted in the hire of one position, according to this, correct? A. Search committee, three tenure track assistant 13 professor positions, resulted in the hiring of one 14 position. Now, I don't remember the specifics of 2002. 15 16 Q. Well, let me ask a more specific question. 17 Well, strike that. 18 It's actually a more general question. Can you sort of list for me what the criteria 19 20 are that you apply in evaluating candidates for 21 assistant professor positions including in this 22 instance? 23 A. Could you repeat that question? 24 Q. Yeah. 25 Can you just indicate for me what are the criteria by which a search committee evaluates SHUGART & BISHOP Page 13 CAMBRIDGE vs. BECKER 1 2 JOHN MURPHY APRIL 22, 2011 candidates for an assistant professor position? A. I can. The criteria would be different for 3 different searches because in the advertisement that 4 goes out we're looking for candidates who are qualified 5 in different ways at different points in time. 6 So for example, we might advertise for someone 7 who's a specialist in a particular area like corpus 8 linguistics or second language acquisition, so then when 9 people apply, out of say there's 50 people that apply, 10 many of them will not have the specified area of 11 specialization, so that would be an example of not 12 meeting the criteria. 13 Another example of criteria would be they 14 would have to have a doctorate in hand or they're about 15 to finish the doctorate because they'd have to have that 16 degree in place before they began the position. 17 So sometimes we'll interview folks who are 18 almost completed with their dissertation, almost have 19 the doctorate but not quite yet. 20 invitation to accept the position would be contingent 21 upon completing the dissertation. 22 And then the So criteria, we look at teaching 23 effectiveness -- it's going to be tied to the 24 advertisement that goes out for the position. 25 effectiveness, compatibility as far as their research Teaching SHUGART & BISHOP Page 14 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 and areas of specialization with the advertised 2 position. 3 Q. How about publications? 4 A. Okay. So in a job search having publications 5 is an attractive quality for a candidate. 6 advertisement for the position might say something like 7 has a strong record, but it won't specify X, Y or Z 8 number of publications. 9 the number of publications is a requirement to get the 10 11 appointment. Q. Okay. The So I don't think we would say The degree would be a requirement. I take it in this particular case only 12 one candidate met the criteria, is that a fair 13 assumption? 14 A. Again, I don't remember what happened in 2002. 15 Q. Okay. On page 4 under committee memberships, 16 it indicates that you were on the promotion and tenure 17 committee for the college of arts and sciences 18 commercial and behavioral sciences area 2005, 2006. 19 you see that? Do 20 A. Could you just help me, where is it? 21 Q. Toward the bottom under committee memberships, 22 the first entry under committee memberships. 23 A. Yes, yes. 24 Q. So is this a committee that evaluated 25 candidates for tenure? SHUGART & BISHOP Page 15 CAMBRIDGE vs. BECKER 1 A. Q. Okay. APRIL 22, 2011 Yes. 2 JOHN MURPHY 3 And did publications play a role in the evaluation of candidates for tenure? 4 A. Definitely. 5 Q. And can you just tell me what role 6 7 publications play in that evaluation process? A. Okay. So for -- that's a committee that 8 reviews candidates for tenure, promotion to associate 9 professor, if they're already associate professor and 10 are already tenured for promotion for full professor. 11 So the individual case of the candidate differs 12 depending on what their current rank is. In the committee we're looking at the whole 13 14 profile of the candidate. 15 research, teaching and service. 16 three. 17 So the categories are We're looking at all Part of the process is there are letters that 18 come in from external reviewers, so that committee is 19 looking at letters that have come in from external 20 reviewers which are assessing the quality of the 21 candidate's profile. 22 departmental committee. 23 department chair. 24 committee is looking at a candidate's profile, they have 25 these various sources of information. There's a letter from a There's a letter from the So by the time this college wide SHUGART & BISHOP Page 16 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 So along with that, included in that is their 1 2 publications record, their record in teaching and their 3 record in service. And I guess I need to ask you to specify if 4 5 you need more information. Q. 6 Okay. That's fine. But is it fair to say 7 that the calibre of publications is an important part of 8 the evaluation process? 9 A. It is an important part, yes. 10 Q. Okay. And does it make a difference in your 11 evaluation of publications in connection with the tenure 12 evaluation process whether they are peer reviewed or 13 not? 14 MS. QUICKER: Objection to form. 15 THE WITNESS: I guess I need you to repeat that or clarify that. 16 17 18 BY MR. BLOOM: Q. Okay. In evaluating publications in 19 connection with the tenure review process, does it make 20 a difference to the tenure review committee whether the 21 publication -- a publication is peer reviewed or not? 22 A. Does it make a difference. We look at the 23 nature and the quality of publications. We pay 24 attention to if it's peer reviewed or if it's not peer 25 reviewed. So we are -- that's a characteristic of a SHUGART & BISHOP Page 17 CAMBRIDGE vs. BECKER 1 2 JOHN MURPHY APRIL 22, 2011 publication that we do take into consideration, yes. Q. Okay. And what is the -- strike that. 3 Why does it matter if a publication is peer 4 reviewed in connection with a tenure review process? 5 A. Could you say that again? 6 Q. Yeah. 7 You testified that you note whether a publication is peer reviewed or not, correct? 8 A. Yes. 9 Q. And the question is really why you would take 10 note of that fact, that a publication is or is not peer 11 reviewed? 12 A. So peer review would indicate that specialists 13 not connected with the university -- I'm trying to think 14 of a good way to say this. It's an indicator of the quality of the 15 16 publications in conjunction with the journal, 17 characteristics of the journal. 18 the quality of the publications, the quality of the 19 candidate's published work. 20 Q. 21 reviewer? 22 A. 23 Okay. So it's an indicator of Have you yourself served as a peer So the phrase peer reviewer can refer to a number of different entities. 24 Q. Well, let me ask you a more specific 25 question -- SHUGART & BISHOP Page 18 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 A. Okay. 2 Q. -- with reference to page 6 of the document. 3 A. Okay. 4 Q. I see about a third of the way down the page 5 there's a section where the title, referee for book 6 publishers? 7 A. Uh-huh. 8 Q. And the second item there says two book 9 10 prospectuses for Cambridge University Press. You see that? 11 A. Yes. 12 Q. And it says 1999? 13 A. Uh-huh. 14 Q. Do you recall this? 15 A. Yes. 16 17 18 19 Let me amend that, I recall one clearly. I believe that there was two, but I only recall one. Q. Okay. And what does it mean to be a referee for a book publisher? A. So a publisher might telephone me or e-mail me 20 or contact me somehow and say, look, we have a 21 prospectus for a book -- actually this is different from 22 what you were asking me about earlier, the tenure review 23 type things, because it's before publication, so the 24 piece is coming. 25 And they contact me and say we have a SHUGART & BISHOP Page 19 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 prospectus for a book. It's maybe 25 pages long, the 2 book is not completed yet. 3 take a look at the prospectus and provide your 4 assessment as to whether we should continue with the 5 project. What we'd like you to do is And I said I remember one because I do 6 7 remember one that was through -- in that year. 8 I'll provide a written assessment of, you know, what the 9 quality of the prospectus is. 10 11 Q. And then And do you recall specifically that that one was in connection with Cambridge University Press? 12 A. I do. 13 Q. Okay. 14 Do you remember who you dealt with at Cambridge University Press? 15 A. I do not. 16 Q. Okay. 17 But you provided them a written evaluation, is that correct? 18 A. I did. 19 Q. Okay. 20 Do you recall whether you were compensated or not for providing that service? 21 A. I do not remember. 22 Q. Okay. Do you have any recollection of whether 23 in that case the prospectus ultimately became a 24 published book? 25 A. I don't know. I didn't follow that case. I SHUGART & BISHOP Page 20 CAMBRIDGE vs. BECKER 1 2 JOHN MURPHY APRIL 22, 2011 mean, I didn't follow it through. Q. Then on page 7 there's a section titled 3 refereed journal articles. 4 articles that you've authored that have been evaluated 5 by peers in the field? 6 7 8 A. You see that? And are those I'm sorry, I looked at the page for a second and then I blanked on what your question was. Q. The question is whether refereed journal 9 articles, whether the articles listed under that heading 10 are articles that you have authored or co-authored that 11 have been evaluated by other experts in the field? 12 13 14 15 A. I don't like the word expert in that context. I prefer the word specialist. Q. But yes. Do you have any -- have you ever had any academic training in intellectual property law? 16 A. No. 17 Q. Okay. 18 A. Well, okay. 19 Q. Let's say, did you ever take a university 20 That includes copyright law I assume? The word training -- class on copyright law? 21 A. No, never. 22 Q. Let's -- are you familiar with the copyright 23 policy at GSU? 24 A. I guess I need help with the word familiar. 25 Q. Okay. Did there come a time when you became SHUGART & BISHOP Page 21 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 aware that there is a copyright policy at Georgia State 2 University? 3 MS. QUICKER: Objection. 4 THE WITNESS: Like I guess I need you to repeat that question. 5 6 7 Form. BY MR. BLOOM: Q. Let me show you a document I've marked as 8 Plaintiff's Exhibit 2. 9 titled policy on the use of copyrighted works in 10 education and research. My question is whether you've ever seen this 11 12 This is a document that is document before? 13 A. 14 and 8. 15 Q. I have seen what before me looks like pages 7 The rest of it I don't remember. Okay. So I take it you do not currently 16 possess a physical copy of this entire document, is that 17 right? 18 MS. QUICKER: Objection to form. 19 THE WITNESS: In my files in my office I 20 haven't printed out and I don't have in any 21 of those files a hard copy of this 22 document. 23 24 25 BY MR. BLOOM: Q. And do you have any recollection of ever reading this document other than -- strike that. SHUGART & BISHOP Page 22 CAMBRIDGE vs. BECKER APRIL 22, 2011 Do you have a recollection of ever reading 1 2 JOHN MURPHY this document in its entirety? 3 A. In its entirety, I don't remember. 4 Q. Okay. 5 You said you recall pages 7 and 8, is that correct? 6 A. Yes. 7 Q. Do you recall when you first saw those pages? 8 A. So I received an e-mail communication from the 9 library, from EReserves, when I requested material put 10 on EReserves, so this would have been sent to me 11 electronically as an attachment, and that's when I saw 12 it. 13 Q. Do you remember when that was? 14 A. I don't remember when that was. 15 Q. Do you remember what year it was? 16 A. Could you ask that again? 17 Q. Do you remember in what year you first saw 18 19 this document? A. Okay, so I heard the word -- 20 MS. QUICKER: Objection to form. 21 THE WITNESS: I heard the word first. 22 I don't remember what year was the first 23 time. 24 25 BY MR. BLOOM: Q. Okay. But do you have an understanding that SHUGART & BISHOP Page 23 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 these pages are part of a policy at the University of 2 Georgia? 3 A. Yes. 4 Q. And is that a policy that you understand 5 you're expected to follow within the scope of your 6 employment at GSU? 7 A. Yes. 8 Q. Do you have an understanding as to whether 9 10 this checklist -- whether there was a different policy prior to the policy that's reflected on this checklist? 11 MS. QUICKER: Objection to form. 12 THE WITNESS: You asked do you have an 13 understanding. 14 again? 15 16 17 18 19 20 21 22 Could you just say that BY MR. BLOOM: Q. Was there a different policy that you followed before this one? A. There was a time when the procedures that EReserves follows changed. Q. Okay. That's what I remember. Do you remember, can you identify any specific respects in which it changed? A. From my perspective it changed from I had to 23 do reserves in hard copy at the reserve desk in the 24 library, and then the change was there was now a 25 possibility to do things electronically on reserve. SHUGART & BISHOP Page 24 CAMBRIDGE vs. BECKER 1 2 Q. JOHN MURPHY APRIL 22, 2011 And did you change your practices in any way in response to that change in policy? 3 A. Yeah. I took advantage of the availability of 4 EReserves. 5 Q. And why did you do so? 6 A. That might be a long response. But I think 7 the primary reason I did so was that over the years I've 8 noticed that graduate students who are in a program have 9 a higher expectation for accessibility to materials and 10 they're also very used to using their laptops and 11 working at home and not physically going over to the 12 library. 13 students is manifested in a lot of different ways. And that expectation on the part of grad So as a faculty member there's more and more 14 15 expectation that we provide materials through them 16 that's more easily acceptable. 17 an example of that. 18 motivation. 19 Q. 20 And EReserves would be So that would be my primary Were you ever encouraged by anyone in the administration at GSU to use EReserves? 21 A. Encouraged, no. 22 Q. Was it ever recommended to you that using 23 EReserves would be a good idea? 24 A. No. 25 Q. And in your experience do some of your SHUGART & BISHOP Page 25 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 students who access readings on EReserves print out 2 copies to bring to class? MS. QUICKER: Objection, form. 3 Calls for speculation. 4 5 MR. BLOOM: No, it doesn't. 6 THE WITNESS: Could you repeat the question? 7 8 9 BY MR. BLOOM: Q. Yes. In your experience, have any of your 10 students who's accessed any of your readings for any of 11 your classes on EReserves printed them out and brought 12 them to class? 13 MS. QUICKER: Objection, form. 14 THE WITNESS: Yes, that happens. 15 BY MR. BLOOM: 16 Q. Okay. Is that something that you encourage? 17 A. Okay. Ask the question again because I can 18 19 answer but I need to hear the question again. Q. Have you ever recommended to students that 20 they print out readings from EReserves and bring them -- 21 and bring physical copies to class? 22 MS. QUICKER: Objection. 23 THE WITNESS: I need to say something to 24 25 Compound. help me clarify. BY MR. BLOOM: SHUGART & BISHOP Page 26 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 Q. Sure. 2 A. Because I'll put on EReserves things that 3 include like just course handouts that I've created 4 myself, and course handouts that I've created myself I 5 will ask them to bring them to class. As far as the content readings that they're 6 7 doing that are created by others, those are presented 8 as -- let me think of that -- as resources for students. 9 Some may be required readings and some may be 10 supplemental readings for a course, so just there's 11 different categories. 12 The only things I would require students bring 13 to class would be things that are more along the nature 14 of course handouts. 15 16 Q. Okay. And what do you mean specifically by course handout? 17 A. A course handout might be I want to set up an 18 activity. In order to set up the activity in the old 19 days we run something off and it will give like 20 discussion questions or words to be defined or grouping 21 patterns, directions for the activity, and I'd hand that 22 out in class and everybody look at it and we'd get into 23 groups and do what they're going to do. 24 try to get that stuff available so they bring that to 25 class and I don't have to run off the copies myself. But nowadays, I SHUGART & BISHOP Page 27 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 Q. So it's not a journal article or -- 2 A. No. 3 Q. And it's not a book chapter? 4 A. No. 5 Q. Let me direct your attention to page 15 of the 6 policy. 7 and the top one says Copyright Clearance Center. 8 see that? 9 A. Yes. 10 Q. Have you ever heard of the Copyright Clearance 11 You see toward the bottom there's two bullets Do you Center? 12 A. No. 13 Q. Did you ever attend at GSU any kind of a 14 training session in connection with this copyright 15 policy? 16 A. No. 17 Q. Okay. 18 Do you recall ever being informed that any kind of training session was available to you? 19 A. I don't recall that. 20 Q. Okay. 21 Do you recall ever being instructed, you know, that you were required to follow this policy? 22 A. No. 23 Q. And do you recall ever being made aware of any 24 resources at GSU that you might utilize to assist you in 25 complying with this policy? SHUGART & BISHOP Page 28 CAMBRIDGE vs. BECKER 1 2 3 4 A. JOHN MURPHY I'm not clear on made aware. APRIL 22, 2011 If you could repeat the question. Q. Are you aware of any resources at GSU that you can utilize to help you comply with this policy? 5 A. I'm aware that such resources probably exist. 6 Q. Can you identify any such resources 7 specifically? 8 A. No. 9 Q. And if, hypothetical question, if the head 10 librarian were to inform you that a reading that you had 11 indicated you wanted to post on EReserves would not 12 comply with this policy, would you -- and asked you not 13 to place it on EReserves, would you comply with that 14 directive? MS. QUICKER: Objection. 15 form. 16 It's a hypothetical question. 18 MS. QUICKER: Objection. 19 Same objection. 20 THE WITNESS: This is a question I have 21 to answer? 22 23 Compound. MR. BLOOM: 17 Foundation, BY MR. BLOOM: 24 Q. Yes. 25 A. Okay. Could you ask the question again? SHUGART & BISHOP Page 29 CAMBRIDGE vs. BECKER 1 Q. JOHN MURPHY Yeah. APRIL 22, 2011 Hypothetically, if the head librarian 2 at GSU told you that a reading that you proposed to 3 place on EReserves was not fair use and told you that it 4 could not be placed on EReserves, would you comply with 5 that directive? 6 A. Yes, I would. MS. QUICKER: Objection. 7 Objection, foundation and form. 8 MR. BLOOM: Noted. 9 Okay. I'm sorry, can you read back the 10 answer? 11 MS. QUICKER: 12 And I want to reassert 13 the same objection to the question being 14 asked again. 15 (The record was read by 16 the court reporter.) 17 18 19 20 21 22 BY MR. BLOOM: Q. And if the president of the university told you the same thing, would you comply with his directive? MS. QUICKER: Objection. Foundation, form. THE WITNESS: I'm having a hard time 23 imagining that the president of the 24 university would contact me over that, 25 but -- SHUGART & BISHOP Page 30 CAMBRIDGE vs. BECKER 1 2 JOHN MURPHY APRIL 22, 2011 BY MR. BLOOM: Q. So am I, but it's a hypothetical question. 3 MS. QUICKER: Same objection. 4 THE WITNESS: If the president of the 5 university contacted me about such a 6 matter, yes, I would comply. 7 BY MR. BLOOM: 8 Q. Okay. 9 Same question with respect to the board of regents? MS. QUICKER: Objection. 10 Speculation, foundation, form. 11 THE WITNESS: If the board of regents 12 requested -- 13 14 Play back again what the board of 15 regents in your hypothetical is asking me 16 to do? 17 18 19 20 BY MR. BLOOM: Q. If the board of regents told you that you had violated -- strike that. If the board of regents told you that a 21 particular reading would constitute copyright 22 infringement and would not be fair use if it were placed 23 on EReserves and that you couldn't place it on EReserves 24 for that reason, would you comply with that directive? 25 MS. QUICKER: Objection. Foundation, SHUGART & BISHOP Page 31 CAMBRIDGE vs. BECKER THE WITNESS: Yes, I would. 2 4 BY MR. BLOOM: Q. Same question with respect to the provost? MS. QUICKER: Objection. 5 THE WITNESS: Yes, I would. 7 9 Foundation, form. 6 8 APRIL 22, 2011 form. 1 3 JOHN MURPHY BY MR. BLOOM: Q. Okay. Let me show you what I'm marking as 10 Murphy Plaintiff's Exhibit 3. 11 entitled declaration of John M. Murphy. 12 on March 16, 2011. It's executed Is this a declaration signed by you, Professor 13 14 And this is a document Murphy? 15 A. Yes. 16 Q. And did you write this document? 17 A. That is a question that's complicated. 18 Q. Okay. Reviewing this document as you sit here today, 19 20 21 22 Let me withdraw that question. is it -- is everything on this document accurate? A. Okay. 1 is accurate. 2, yes. 3 as I sit here right now, I believe that that is accurate. 23 Q. Okay. 24 A. 4, I would -- as I read it now I would only 25 qualify after the word assigned I would insert the words SHUGART & BISHOP Page 32 CAMBRIDGE vs. BECKER 1 2 3 JOHN MURPHY APRIL 22, 2011 as required readings. Q. So I ultimately did not use or assign as required readings, this is how you would modify it? 4 A. Yes. 5 Q. Let me just ask you a few questions, if I 6 could, about that paragraph. You said I ultimately did not use or assign as 7 8 required readings to my students any of the materials 9 loaded on to ERes. And the materials refers to the 10 materials you've identified in paragraph 3, is that 11 correct? 12 A. Yes. 13 Q. Okay. 14 15 16 17 My question is, why did you not use or assign those materials? A. Yeah, so in the EReserve system -- let me think for a second. As a faculty member you have to make decisions 18 about what's going to be placed on electronic reserve 19 further in advance of the start date for the course than 20 making final decisions on your course syllabus and how 21 the course is actually planned out and the syllabus 22 handed to students on the first day of class. 23 have to be placed on reserve, I don't know if it's a 24 month in advance or several weeks in advance. 25 tinkering with my course syllabus all the way up until So things But I'm SHUGART & BISHOP Page 33 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 the start day for the course, even the day of the 2 course. 3 And in this particular case as I got closer to 4 the start date of the course, I decided that there were 5 four books that I wanted them to own copies of, so they 6 would be purchasing their own copies. 7 three week Maymester course that meets for 15 days in a 8 three week period. 9 material that they would own would suffice for the kinds 10 of micro teaching activities that we were going to do in 11 the course. And this is a And I decided that the hard copy 12 So the electronic material for me was 13 supplementary material to support the hard copy material 14 they were actually going to own and use in the course as 15 a basis for their micro teaching activities. 16 I think that answered the question. 17 Q. So if I understand correctly, the materials 18 identified in paragraph 3 were placed on EReserve at 19 your direction, is that correct, as far as you know? 20 A. Yes. 21 Q. And you informed your students that they were 22 not required to read them, is that correct? 23 A. That's correct. 24 Q. Okay. 25 Do you have any knowledge one way or the other whether any of your students in fact read SHUGART & BISHOP Page 34 CAMBRIDGE vs. BECKER 1 2 3 JOHN MURPHY APRIL 22, 2011 those materials? A. I can answer with a yes or no or I can explain my impression of how they were used? 4 Q. Well, why don't you give me a yes or no first. 5 A. Just repeat the question again, please. 6 Q. Do you know one way or the other whether any 7 of your students did read any of those materials? 8 A. I don't know. 9 Q. But it's possible? 10 A. It is possible. 11 Q. Did you -- and this was in connection with a 12 13 14 course designated AL 8480, correct? A. 8480 is the classroom practices course. I might have to look at it. 15 Q. That's correct. 16 A. Yes. 17 Q. And did you -- had you taught that course 18 Yes. previously? 19 A. Yes. 20 Q. Okay. 21 22 23 24 25 Had you put these same materials on EReserves previously? A. I'm not sure if I should answer I don't know or I don't remember. Q. I believe I did not. Just show you a document I'm marking as Murphy Plaintiff's Exhibit 4. This is a GoSolar report -- SHUGART & BISHOP Page 35 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 A. Uh-huh. 2 Q. -- for summer semester 2009. 3 4 You see the top row there identifies AL 8480, you see that? 5 A. Yeah. 6 Q. And that is your course. 7 8 9 What's the title of that course? A. Classroom practices in teaching English as a second language or as a foreign language. 10 Q. And you see it indicates May session? 11 A. Yes. 12 Q. So this -- dates are May 11th to June 3rd. 13 You see that? 14 A. Yes. 15 Q. So you taught this course during the May 16 session, correct? 17 A. Yes. 18 Q. And it indicates that there were 20 students 19 who actually attended the class, is that correct? 20 A. That's not correct. 21 Q. I'm sorry. 22 A. This sheet indicates that there were 10 23 10 students? students, yes. 24 Q. Does that sound correct? 25 A. Approximately 10, yes, but I cannot say SHUGART & BISHOP Page 36 CAMBRIDGE vs. BECKER 1 2 JOHN MURPHY APRIL 22, 2011 definitively it was 10. Q. I show you a document I'm marking as Murphy 3 Plaintiff's Exhibit 5. And I'll represent to you that 4 this is a document that was derived from an EReserves 5 report for Maymester 2009 that was provided to us by the 6 defendants, and it was sorted so that it reflects the 7 readings associated with the course AL 8480, which was 8 your course. 9 A. Okay. 10 Q. And the fourth column over I'll represent to 11 you represents the number of hits on the materials 12 listed. 13 A. Okay. 14 Q. Can you just review this and tell me if this 15 appears to reflect the readings that you selected for 16 EReserves for that course? 17 18 A. Okay. Just a second. They include three works that were required for students to purchase. 19 Q. Okay. Which three are those? 20 A. Okay. Students were required to purchase 21 Hedge, Tricia, "Writing Resources". 22 of my recollection. 23 Q. Okay. To the best Actually, before you finish your answer, let 24 me show you Murphy Plaintiff's Exhibit 6 and just in the 25 event that may help you? SHUGART & BISHOP Page 37 CAMBRIDGE vs. BECKER 1 A. JOHN MURPHY APRIL 22, 2011 Yes, so Klippel "Keep Talking", Hedge, the one 2 I just started, and the Penny, Ur "Grammar Practice 3 Activities". 4 5 Q. So yes. And Murphy Plaintiff's Exhibit 6 is the syllabus you prepared for that course, is that correct? 6 A. Yes, I believe so. 7 Q. Okay. 8 And so do you have this -- this appears to reflect -- strike that. So you testified earlier that you did not 9 10 require your students to read the nonrequired -- strike 11 that. Other than those four texts, you testified 12 13 that you did not require students to read the materials 14 that were posted on EReserves? 15 A. Yes. 16 Q. And you see on this document there are some 17 hits reflected for those materials that you told 18 students they didn't have to read, correct? 19 A. That's the fourth column. 20 Q. Yes. 21 A. Yeah, I've never seen this report before, 22 but -- 23 Q. I understand that. 24 A. Yes, I believe you. 25 Q. My question is, do you have any understanding SHUGART & BISHOP Page 38 CAMBRIDGE vs. BECKER 1 JOHN MURPHY APRIL 22, 2011 as to why there are hits reflected on this document? 2 MS. QUICKER: Objection. Foundation. 3 THE WITNESS: I really have no idea 4 about the definition of a hit in this case. 5 For example, I might have accessed -- I 6 could have -- one of the hits could be 7 mine. 8 9 10 11 I don't know. BY MR. BLOOM: Q. Do you have a recollection of personally accessing those materials on ERes during this semester? A. I remember thinking, oh, this is a pretty cool 12 accessibility, and I very likely accessed a couple just 13 to see what it was like and see what they would look 14 like. 15 Q. And prior to placing these materials on ERes, 16 did you fill out the fair use checklist for each 17 reading? 18 19 20 A. When you said fill out, I'm not sure. I don't remember. Q. I'll get to that in a moment. Let me just 21 direct your attention briefly to the second page of the 22 syllabus. 23 A. Uh-huh. 24 Q. Specifically to items 3 and 4 under the 25 required text. SHUGART & BISHOP Page 39 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 A. Okay. 2 Q. The first is a book entitled "Grammar Practice 3 Activities"? 4 A. Yes. 5 Q. Correct? 6 And that was published by Cambridge University Press, according to this, correct? 7 A. Yes. 8 Q. And then the second is a book called "Writing 9 Resource Books For Teachers", correct? 10 A. Yes. 11 Q. And it's published by Oxford University Press, 12 correct? 13 A. Yes. 14 Q. And were these texts that you required your 15 students to read in their entirety? 16 A. Yes. 17 Q. Okay. 18 A. Multiple times, multiple years. 19 Q. Do you recall how many years? 20 A. I've been using both of those books since, oh, 21 the date they first came out. 22 course since 1988. 23 tremendous resource, and the Hedge text as well. 24 since the first year of their publication. 25 Q. I've been offering that When the Ur text came out it was a So And would your ability to teach this course be SHUGART & BISHOP Page 40 CAMBRIDGE vs. BECKER 1 2 JOHN MURPHY APRIL 22, 2011 impaired if either of those texts were not in existence? A. Impaired is difficult to say because there's a 3 wide range of such resources available in the field. 4 would be possible to select alternative texts and teach 5 the course in very much the same way. 6 the word impaired. 7 Q. It So I'm unsure of Would it be harder to teach the class the way 8 you would like to teach the class ideally if the 9 "Grammar Practice Activities" text did not exist? 10 MS. QUICKER: Objection, form. 11 THE WITNESS: I'm trying to figure out 12 if that was a yes no question. 13 ask that again? 14 15 Could you BY MR. BLOOM: Q. Sure. Would it be harder to teach that course 16 the way you would like to teach the class if that book 17 did not exist? 18 MS. QUICKER: Objection. Form. 19 THE WITNESS: I'm not sure. I don't 20 think so because there are alternative 21 texts which I could select. 22 The nature of the course that I teach 23 is more in the nature of the interaction of 24 the classroom and what happens in the 25 classroom, and the platform from which SHUGART & BISHOP Page 41 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 they're reading activities and implementing 2 activities could change. Higher priority for me is the 3 4 interactive dynamic in the room, not very 5 much the platform of materials that they're 6 building from. 7 materials that could give me as 8 satisfactory of a platform. 9 10 11 So there are alternative BY MR. BLOOM: Q. But is it a fair statement that that text helps you teach this class? 12 A. Yes, I like that text. 13 Q. And is it fair to say that the Tricia Hedge 14 text helps you teach the class? MS. QUICKER: Objection. 15 Asked and answered. 16 THE WITNESS: Helps, I don't think the 17 18 book helps me teach the class, no. 19 think it's a strong text and I like working 20 with it. 21 I do BY MR. BLOOM: 22 Q. And why do you assign it? 23 A. Oh, why do I assign it. 24 25 Okay. So these are -- this is a class in honing teaching skills. So these are pre-service teachers for SHUGART & BISHOP Page 42 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 the most part, some are in-service teachers. 2 idea is to offer a course where they actually begin 3 doing some simulation of language teaching in the 4 classroom with their peers. 5 And the So I structure the course with a format called 6 micro teaching, which means that they take turns 7 implementing classroom activities and sometimes it will 8 be one person working with a whole group, sometimes it 9 will be two or three people working simultaneously with 10 smaller groups. 11 So what I like to make available to them are 12 activities -- I'm not using this word in a pejorative 13 way -- but activity recipe collections. 14 language class with activity recipe collections where a 15 specialist has made available through a published book a 16 wide range of examples of the kinds of things that you 17 can do in the classroom as a language theory. 18 very hands on and practical. 19 So second They're And I look at it like if you're a carpenter 20 you need to have hammers and a level and the tools of 21 carpentry. 22 tools of plumbing. 23 these as kind of the tools of the trade so that they 24 have ideas to build from. 25 If you're a plumber, you have to have the If you're a language teacher, I see Then what they actually do in the classroom SHUGART & BISHOP Page 43 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 varies from the original source, but it is something 2 that they use as an inspiration and for ideas for what 3 to do in the classroom. So the reason I use these books is it provides 4 5 students with a starting point and then they implement 6 language activities based upon ideas presented in those 7 texts. 8 Q. 9 10 Okay. So you regard that text as a tool for purposes of this course? A. Yeah. MR. BLOOM: 11 Okay. Why don't we go off 12 the record. 13 we'll have our last little portion of the 14 examination thereafter. THE VIDEOGRAPHER: 15 (Brief recess.) 17 THE VIDEOGRAPHER: 18 This is tape 2. We're back on the video record at 11:12. 19 21 Off the video record at 11:01. 16 20 We'll change the tape and then BY MR. BLOOM: Q. Professor Murphy, I'm going to show you a 22 series of documents. First one is Murphy Plaintiff's 23 Exhibit 7. 24 Exhibit 8, Murphy Plaintiff's Exhibit 9, Murphy 25 Plaintiff's Exhibit 10, Murphy Plaintiff's Exhibit 11, And Murphy -- sorry. Murphy Plaintiff's SHUGART & BISHOP Page 44 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 Murphy Plaintiff's Exhibit 12, Murphy Plaintiff's 2 Exhibit 13, Murphy Plaintiff's Exhibit 14 and Murphy 3 Plaintiff's Exhibit 15. 4 Professor Murphy, I just ask you to look at 5 these documents and tell me if these appear to be -- 6 well, why don't you tell me what these are. 7 A. So it's titled fair use checklist and there 8 seems to be one for however many texts are here, I think 9 you said nine earlier. 10 11 Right. So there's nine separate ones. Q. And do these correspond to the readings that 12 you placed on EReserve for the course AL 8480 from 13 Maymester 2009? 14 A. You said do they correspond to the what? 15 Q. Do they correspond to the readings that you 16 placed on EReserves for the course AL 8480 in the 17 Maymester 2009? 18 19 A. The readings, I would use the word supplemental readings. 20 Q. With that modification -- 21 A. Yes. 22 Q. -- is that what they are? When did you complete these checklists? 23 24 25 Okay. A. Yeah, what we're looking at is the checklists as I completed them when I was at the TCEA conference in SHUGART & BISHOP Page 45 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 New Orleans about -- I don't know if it was six weeks 2 ago or a month ago. 3 4 Q. Okay. You see there's a date on -- I'm looking at the first one. 5 A. Right. 6 Q. There's a date that says drop off date? 7 A. Uh-huh. 8 Q. 4/27/209. 9 A. Yes. 10 Q. What does that refer to? 11 A. That refers to my best estimate of when I 12 13 14 15 16 17 Do you see that? dropped them off with EReserves in 2009. Q. And when you say them, what do you mean, dropped them off? A. Oh, dropped the excerpts from these various books to EReserves. Q. Okay. And prior -- strike that. In 2009 did you fill out a fair use checklist 18 19 for -- let's talk about this reading, "Pronunciation 20 Games" pages 8 to 27. 21 A. Your question was did I -- 22 Q. Back in 2009 before this reading was placed on 23 24 25 EReserves, did you fill out a fair use checklist? A. I'm only paying attention right there to the word fill out. I remember -- SHUGART & BISHOP Page 46 CAMBRIDGE vs. BECKER 1 2 Q. JOHN MURPHY APRIL 22, 2011 Let me withdraw the question and pose a different question. 3 A. Okay. 4 Q. Did you complete a fair use checklist for this 5 reading in 2009? 6 A. Yes, as requested by EReserves. 7 Q. Okay. 8 A. I did not. 9 Q. What did you do with it? 10 A. I don't know. 11 Q. Okay. 12 And did you retain that document? Were you asked at some point in connection with this litigation to locate that document? 13 A. To locate, no, I don't think so. 14 Q. Were you asked if you had a checklist for this 15 reading? 16 A. I don't know. 17 Q. Okay. 18 I don't remember. You said you completed this document six weeks to a month ago, is that correct? 19 A. Yes, yes. 20 Q. And why did you do that at that time? 21 A. The -- I believe the legal office at Georgia 22 State contacted me when I was in New Orleans and asked 23 me to complete the document for these proceedings. 24 25 Q. And did they ask you whether you had completed a document, a checklist, in 2009? SHUGART & BISHOP Page 47 CAMBRIDGE vs. BECKER JOHN MURPHY 1 A. I don't remember if they asked me that. 2 Q. Okay. APRIL 22, 2011 Did you prior to your placing this 3 reading on EReserves in 2009, did you refer to the fair 4 use checklist? 5 A. Yes. 6 Q. Did you fill in the boxes in the fair use 7 checklist at that time? A. 8 9 I don't remember specifically what the procedure was in 2009. Q. 10 11 In other words, let me -- So you don't remember physically completing a checklist in 2009, is that right? 12 A. I don't remember that. 13 Q. Okay. 14 A. Is it possible, yes. 15 Q. Do you recall analyzing this reading in Is it possible that you did? 16 accordance with the criteria that are listed on the 17 checklist back in 2009? 18 A. I recall examining the checklist. 19 Q. Okay. And when you completed this document 20 six weeks or a month ago, what were you attempting to 21 do? 22 23 24 25 A. I was attempting to complete it as I would have completed it in 2009. Q. Okay. And in doing so, did you have any specific recollection of what you did back in 2009? SHUGART & BISHOP Page 48 CAMBRIDGE vs. BECKER JOHN MURPHY 1 A. Specific recollection, no. 2 Q. Okay. APRIL 22, 2011 3 So were you interpreting the factors -- strike that. Did you have a recollection -- did you have 4 5 any recollection in completing this document of any 6 aspect of what you did in 2009 in evaluating whether 7 this reading was fair use? 8 MS. QUICKER: Objection, form. 9 THE WITNESS: You'll have to say that again. 10 11 12 13 BY MR. BLOOM: Q. Does any aspect of this document here reflect your recollection of what you did back in 2009? 14 MS. QUICKER: Objection, form. 15 THE WITNESS: Any aspect? 16 17 I don't know. BY MR. BLOOM: Q. Looking at factor 1 on this document. Okay. 18 Am I correct that where you have two bold Xs, does that 19 mean that you found that that -- that subfactor 20 applicable to the reading, is that what that means? 21 A. Yes. 22 Q. Okay. 23 24 25 So you found five factors on the left hand side applicable to this reading, correct? A. with it. Yeah, as I look at the last one I'm not happy But that's what the Xs indicate, yes. SHUGART & BISHOP Page 49 CAMBRIDGE vs. BECKER Q. 1 2 JOHN MURPHY APRIL 22, 2011 And there are no double Xs on the right hand side, which is weighs against fair use, correct? 3 A. That's correct. 4 Q. Okay. So you did not find the reading to be 5 transformative, correct, you did not mark that on the 6 left hand side? A. 7 8 means in that context. Q. 9 10 And similarly I take it you do not -- strike that. You also didn't check nontransformative on the 11 12 I'm not sure what the word transformative right hand side, correct? 13 A. There's no check there. 14 Q. So do you have understanding of what 15 nontransformative means in this context? 16 A. No. 17 Q. Looking at factor 2 -- 18 And so you concluded that the first -- you 19 make a conclusion as to whether factor 1 weighed in 20 favor or against fair use? A. 22 23 I concluded that it weighed in favor of fair Q. 21 Okay. use. And was that because there were more 24 checks on the left hand side than on the right hand 25 side? SHUGART & BISHOP Page 50 CAMBRIDGE vs. BECKER JOHN MURPHY 1 A. Yes. 2 Q. Okay. APRIL 22, 2011 Did you have any understanding as to 3 whether each of the subfactors were to be given equal 4 weight? 5 one way or the other as to whether the factors were to 6 be given equal weight? In other words, did you have an understanding 7 MS. QUICKER: Objection. 8 THE WITNESS: I'm -- 9 Form. BY MR. BLOOM: 10 Q. 11 question. 12 A. Okay. 13 Q. Did you give each of the subfactors equal 14 Let me withdraw the question and ask another weight in your analysis? 15 A. Equal weight, I don't remember. 16 Q. Looking at factor 2. 17 for a moment. 18 Well, let's just go back Strike that. So this is the book, a portion of the book 19 20 This is, why did you assign this reading? "Pronunciation Games", correct? 21 A. Yes. 22 Q. And the pages that you were assigning were 8 23 to 27, correct? 24 MS. QUICKER: Objection. Form. 25 THE WITNESS: It's the word assigning SHUGART & BISHOP Page 51 CAMBRIDGE vs. BECKER 3 4 APRIL 22, 2011 I'm having difficulty with. 1 2 JOHN MURPHY BY MR. BLOOM: Q. Okay. The excerpt in question here is pages 8 to 27, correct? 5 A. Yes. 6 Q. Okay. 7 A. I would have to count them on my fingers. 8 Q. Do you recall, was this a full chapter of the 9 10 So approximately 20 pages, correct? book? A. I'm not sure that the word chapter applies. 11 These are activity recipe collections, so it's not 12 subdivided into chapters that way. 13 Q. Is it a full activity recipe collection? 14 A. Okay. 15 Q. Let me show you what -- a document which I can So this isn't -- 16 mark, but I don't necessarily intend to mark, just for 17 your -- to refresh your recollection. Does that appear to be a copy of the cover and 18 19 20 21 title page of the -- of the cover and table of contents? A. Yes. MS. QUICKER: You're not marking this 22 but you're going to show him that and have 23 him testify about it? 24 25 MR. BLOOM: I can mark it. It doesn't matter. SHUGART & BISHOP Page 52 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 MS. QUICKER: I just want the record to 1 2 be clear what you're showing him and have a 3 full record. 4 And it should be an exhibit. BY MR. BLOOM: Q. 5 All right. So we'll say Murphy, what's the 6 next number, 16, so this is Murphy Plaintiff's Exhibit 7 16. How would you describe the portion of the text 8 9 10 11 12 13 14 15 16 17 18 that's covered by these pages? A. It's a segment of the text "Pronunciation Games". Q. Under factor 2 you checked it was important to educational objectives? A. Wait a minute. Factor 2. Yes, there's two checks. Q. Okay. And why did you conclude that it was important to your educational objectives? A. We need to go back to my earlier testimony. 19 When I was putting these materials on reserve, it was 20 before the course was finalized. 21 course -- these materials would be used as supplementary 22 materials for whatever else we were doing in the course. 23 And as supplementary materials I considered them to be 24 of potential value to students and therefore I thought 25 the word important was applicable. My vision was that the SHUGART & BISHOP Page 53 CAMBRIDGE vs. BECKER 1 2 3 Q. JOHN MURPHY You didn't indicate published work. APRIL 22, 2011 You see that? A. Yeah, I wasn't really sure what it referred to 4 in this context. 5 wasn't sure what they were asking here. 6 7 Q. I mean, it is a published work, but I And did you conclude that factor 2 weighed in favor of fair use? 8 A. I'm sorry? 9 Q. Did you conclude that factor 2 weighed in 10 favor of fair use? 11 A. Yes. 12 Q. Okay. 13 And looking at factor 3, you checked small portion of work used, correct? 14 A. Yes. 15 Q. Okay. 16 17 18 19 20 21 And can you just describe for me what your thinking was on that subfactor? A. Small portion, so a -- I was going for less than 20 percent of the whole work. Q. Okay. And why did you use 20 percent as a reference point in your thinking? A. I'm not sure. I've been at Georgia State 22 since 1988 and that's the number that I've heard bandied 23 about over the years as falling within fair use for 24 copyright purposes. 25 Q. And you indicated that the portion used is not SHUGART & BISHOP Page 54 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 central or significant to the entire work as a whole. 2 Can you just tell me what your thinking was on that 3 factor? 4 A. Yeah, I mean, these are the kind of materials 5 that I recommend that students purchase and have on 6 their office shelves. 7 portion, my thinking is that it's the whole work which 8 is central and significant and that I'd be encouraging 9 students to have a wide range of these kinds of So by using this size of a 10 materials and to own them and take them with them when 11 they teach English in other countries and things like 12 that. 13 So I don't see this segment as being central, 14 I see the whole piece as being an important piece, the 15 whole book as being important. 16 Q. And back on factor 2 for a moment, you didn't 17 check any of the items on the right hand side, weighs 18 against fair use, correct? 19 A. That's correct. 20 Q. Okay. And similarly factor 3, you didn't 21 check any of the factors on the weighs against fair use 22 side, correct? 23 A. That's right. 24 Q. Okay. 25 And you concluded that factor three weighed in favor of fair use, is that correct? SHUGART & BISHOP Page 55 CAMBRIDGE vs. BECKER 1 A. Q. Okay. APRIL 22, 2011 I did. 2 JOHN MURPHY Because there were three checks on the 3 weighs in favor and no checks on the weighs against fair 4 use side, is that why you made that conclusion? 5 A. Well, the ones on the right are weighs against 6 fair use. I heard you say that differently just then. 7 Q. There were three factors weighing in favor and 8 9 10 I might have misspoke. no factors weighing against under your analysis, is that correct? 11 A. That's correct. 12 Q. Looking at factor 4, you checked use 13 stimulates market for original work, correct? 14 A. Yes. 15 Q. Okay. 16 17 And can you explain to me your thinking on that subfactor? A. Oh, yeah. So in this course -- I'll go back 18 to my analogy with carpentry and plumbing. 19 these as the kinds of materials that language teachers 20 should have in their possession and have on their office 21 shelves. 22 specialist in the area with students, I tell them in my 23 office I have like 35 or 40 of these kinds of books to 24 draw ideas from. 25 So I do see And that's how I present myself as a So by presenting these as supplemental SHUGART & BISHOP Page 56 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 1 material my thinking is they will be excited and 2 interested in those materials as resources and would be 3 more likely to purchase the whole material for 4 themselves. 5 Q. 6 Okay. And you checked no similar product marketed by the copyright holder. 7 A. Uh-huh. 8 Q. Okay. Do you see that? 9 10 11 And can you tell me your thinking on that subfactor? A. I guess -- okay, wait a minute. Okay. Let me think for a second. That each of these individual activity recipe 12 13 collections has a particular niche, so this one for 14 example specifically is pronunciation and in the context 15 of playful games in the classroom. So that's a very 16 nice twist for resource material. And I know of other 17 materials of that nature, but when it said by same -- by 18 the copyright holder, I just assumed that to be an 19 author, I didn't assume that to be the publisher. 20 don't know the similar project marketed by that same 21 author. 22 23 Q. So I In other words, you didn't know of a similar book by the same author, was that your thinking? 24 A. That's correct. 25 Q. Okay. Weighs against fair use under factor 4, SHUGART & BISHOP Page 57 CAMBRIDGE vs. BECKER JOHN MURPHY 1 you checked licensing or permission reasonably 2 available. APRIL 22, 2011 Do you see that? Can you explain to me your thinking on that 3 4 subfactor? 5 A. Yeah. Over the years I am aware that there 6 are procedures for, you know, writing a formal letter 7 soliciting permission from the publisher, so I checked 8 that. 9 Q. Was that something you had ever done yourself? 10 A. No. 11 Q. And did you conclude that factor 4 weighed in 12 favor of fair use? 13 A. Yes. 14 Q. Okay. And if you would just look for me at 15 each of these fair use checklists, each of these nine 16 documents. 17 different than any of the others in terms of how you 18 evaluated the fair use factors? 19 A. Can you tell me whether any of them is I'm not looking at them at this second, but my 20 recollection is that the ones which were in fact 21 included as required reading materials in the course I 22 completed differently. 23 Q. And how did -- what was the difference? 24 A. For that I'd have to go and look at them. 25 So the first one I'm seeing is the Exhibit 8, SHUGART & BISHOP Page 58 CAMBRIDGE vs. BECKER 1 JOHN MURPHY APRIL 22, 2011 so it's the "Keep Talking" text. 2 Q. And what are you referring to specifically on 3 Exhibit 8? 4 A. Yeah, that's -- my testimony is that I believe 5 that I handled those -- I think it was three actually, 6 there were four in the course but I think three are 7 included here of the ones that were required for 8 students to purchase that they owned a copy of, and I 9 believe I handled them differently when I filled out 10 this checklist in retrospect in 2011 knowing that when 11 the course was offered these were materials that 12 students actually owned. 13 that they were on EReserves. So it was kind of a moot point Now that I'm looking at them I'm not noticing 14 15 that they were handled differently. 16 checked all the same items for those as well. 17 Q. Okay. I seem to have Looking at these nine documents, is 18 there any difference in your thinking about fair use in 19 connection with any of these readings that you would 20 identify from one to the other, other than what you just 21 mentioned? 22 A. I don't think so. 23 Q. Okay. 24 25 So you concluded that each of these nine readings was fair use, is that correct? A. Yes. SHUGART & BISHOP Page 59 CAMBRIDGE vs. BECKER 1 Q. JOHN MURPHY Okay. APRIL 22, 2011 A few more questions. Going back to 2009, do you recall filling 2 3 out -- do you specifically recall filling out any fair 4 use checklists at that time? MS. QUICKER: Objection. 5 answered. 6 THE WITNESS: I don't recall that. 7 8 9 Asked and BY MR. BLOOM: Q. When you completed these checklists, did you 10 seek assistance from anyone at GSU in terms of how to 11 complete the checklist? 12 A. In March of this year? 13 Q. If that's when you completed these documents. 14 A. Yeah, just if you could ask the question 15 again. 16 Q. 17 same time? 18 A. Yes. 19 Q. Okay. 20 So did you complete these all at or about the And in doing so did you seek assistance from anyone at GSU? 21 A. No, I was out of town. 22 Q. So you were out of town when the request was 23 made, correct? 24 A. Yes. 25 Q. And you completed these while you were out of SHUGART & BISHOP Page 60 CAMBRIDGE vs. BECKER 1 JOHN MURPHY APRIL 22, 2011 town, correct? 2 A. Yes. 3 Q. And how did you transmit them? 4 A. Okay. So I had a wireless Internet connection 5 with my laptop in the hotel room in New Orleans, the 6 Doubletree Hotel. 7 message. 8 at Georgia State, there was a document e-mail 9 attachment. So I would have gotten an e-mail I believe it was from the legal affairs office 10 The Internet connection was slow and I know 11 that at the end of the process I had the hotel front 12 desk fax the copies to Georgia State. 13 how I got them printed out, so either I had the main -- 14 I had the front desk at the hotel print them out in hard 15 copy and then had them faxed -- but right now I don't 16 remember when I actually got physical hard copies. 17 believe it was a fax communication. 18 I completed them electronically and sent them back as an 19 attachment. 20 process. 21 22 Q. I don't remember I It is possible that But I don't remember that part of the Okay. A few more questions, Professor Murphy, and then I'll be done. Have you ever used ULearn? 23 24 A. I have never used ULearn. 25 Q. And have you ever used coursepacks in any of SHUGART & BISHOP Page 61 CAMBRIDGE vs. BECKER JOHN MURPHY 1 your classes, physical coursepacks? 2 APRIL 22, 2011 coursepacks. 3 4 5 6 7 A. Yeah, the word ever goes back to 1988 for me in Georgia State. Q. I should say paper Okay. Yes, I have used coursepacks. And during 2009 did you use coursepacks in any of your classes? A. 2009, well, we have to define coursepacks. 8 Previously I talked about the three different categories 9 of materials that I might include in a photocopy packet 10 from a print shop, and for me that would include a 11 packet of course handouts. So for example I offer a course AL 8320, Sound 12 13 System of English, and I have a packet which is only 14 handouts, not tied to commercially available materials. 15 So I use that kind of a packet, I'm sure. I have a separate packet for courses, for that 16 17 particular course, AL 8320, which includes printed 18 material to work with audio recordings and a work book 19 material for which I have copyright permission from the 20 authors at Columbia University where I did my graduate 21 training. 22 use those materials. 25 I've been using those since 1988. And I would refer to that as a coursepack, so 23 24 And they've explicitly given me permission to yes, I do use those materials. Q. Okay. Have you ever completed a fair use -- SHUGART & BISHOP Page 62 CAMBRIDGE vs. BECKER 1 JOHN MURPHY APRIL 22, 2011 strike that. Have you ever using the fair use checklist 2 3 criteria concluded that a proposed reading for one of 4 your classes was not fair use? 5 A. I don't remember, but I can clarify. 6 Q. Please. 7 A. I don't remember. Okay. So I work with a 8 print shop facility that used to be called AlphaGraphics 9 that's now called The Print Shop, and there have been 10 times in the past, I'm thinking in the 1990s in 11 particular, when as part of their normal process I would 12 leave materials with them, they were soliciting the 13 copyright clearance. 14 But I know that they were involved in that process. 15 16 Q. I wasn't involved in the process. My question is specifically with respect to this fair use checklist. 17 A. Oh, okay. So what was the question? 18 Q. The question is whether you've ever, using the 19 criteria on this fair use checklist concluded that a 20 reading that you were contemplating using with the class 21 was not fair use? 22 23 24 25 A. Did you say a reading that I was using in a course? Q. No, let's say have you ever following these criteria concluded that an excerpt from a book that you SHUGART & BISHOP Page 63 CAMBRIDGE vs. BECKER 1 2 3 4 JOHN MURPHY APRIL 22, 2011 were planning to use with a class was not fair use? A. I would never -- I wouldn't have gotten to that stage. Q. No. Okay. Final hypothetical question. If you 5 were to conclude that an excerpt from a book that you 6 wanted to use for a class was not fair use under those 7 criteria, what would you do? MS. QUICKER: Objection. 8 speculation. 9 THE WITNESS: I need to hear the 10 question again. 11 12 13 14 Calls for BY MR. BLOOM: Q. Yeah. If you concluded that a proposed reading was not fair use, what would you do? 15 MS. QUICKER: Same objection. 16 THE WITNESS: I can think of two 17 options. 18 would follow. 19 And I don't know which one I BY MR. BLOOM: 20 Q. What are those two options? 21 A. Not use the material or go through a procedure 22 23 24 25 of soliciting permission to use the material. Q. And I take it from -- strike that. And what would influence which of those options you would pursue? SHUGART & BISHOP Page 64 CAMBRIDGE vs. BECKER MS. QUICKER: Objection. 1 don't know. 4 7 8 9 Calls for THE WITNESS: What would influence? 3 6 APRIL 22, 2011 speculation. 2 5 JOHN MURPHY I It would depend upon the case. BY MR. BLOOM: Q. And that's not -- that's not in fact a situation that you have ever confronted, correct? A. I can't say that. In thinking about courses and looking through materials, you know, I mean, I'm 10 making a lot of intuitive decisions about what I would 11 consider and what I wouldn't consider. 12 have to hear the question again. 13 Q. But I guess I'd But since this policy has been in place, have 14 you ever sought permission to use an excerpt in 15 connection with ERes? 16 17 18 A. I can't answer because I'm not sure when the policy went in place. Q. Well, let's say -- let's -- let's say if I 19 represent to you that the policy was put in place in 20 February of 2009, can you answer the question? 21 22 23 A. Okay. So the policy in February 2009. So what was the question again? Q. The question was whether since that time have 24 you ever sought permission from a publisher to use an 25 excerpt for one of your classes on EReserves? SHUGART & BISHOP Page 65 CAMBRIDGE vs. BECKER 1 2 3 A. JOHN MURPHY APRIL 22, 2011 No. MR. BLOOM: I have no further questions. 4 MS. QUICKER: Nothing further. 5 MR. BLOOM: 6 7 Thank you very much, Professor. THE VIDEOGRAPHER: 8 deposition. 9 That concludes the 11:47. 10 We're off the video record at (Deposition concluded at 11:47 a.m.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SHUGART & BISHOP Page 66 CAMBRIDGE vs. BECKER 1 JOHN MURPHY E R R A T A APRIL 22, 2011 S H E E T 2 3 4 5 I, the undersigned, John M. Murphy, do hereby certify that I have read the foregoing deposition and that, to the best of my knowledge, said deposition is true and accurate (with the exception of the following corrections listed below). 6 7 8 PAGE / LINE CORRECTION 9 ------/-------------------------------------------- 10 ------/-------------------------------------------- 11 ------/-------------------------------------------- 12 ------/-------------------------------------------- 13 ------/-------------------------------------------- 14 ------/-------------------------------------------- 15 ------/-------------------------------------------- 16 ------/-------------------------------------------- 17 ------/-------------------------------------------- 18 ------/-------------------------------------------- 19 ------/-------------------------------------------- 20 ---------------- ----------------------------- NOTARY PUBLIC SIGNATURE 21 22 DATE-------------23 MY COMMISSION EXPIRES: 24 25 SHUGART & BISHOP Page 67 CAMBRIDGE vs. BECKER 1 JOHN MURPHY APRIL 22, 2011 C E R T I F I C A T E 2 3 G E O R G I A: 4 FULTON COUNTY: 5 I hereby certify that the foregoing 6 deposition was taken down, as stated in the 7 caption, and the questions and the answers 8 thereto were reduced to printing under 9 my direction; that the preceding pages 10 represent a true and correct transcript, to 11 the best of my ability, of the evidence given 12 by said witness upon said hearing. And I 13 further certify that I am not of kin or 14 counsel to the parties to the case; am not 15 in the regular employ of counsel for any 16 of said parties; nor am I in anywise 17 interested in the result of said case. 18 This, the 24th day of April, 2011. 19 20 21 22 -----------------------------Teresa Bishop, RPR, RMR CCR No. B-307 My commission expires 11-21-11. 23 24 25 SHUGART & BISHOP Page 68 CAMBRIDGE vs. BECKER JOHN MURPHY APRIL 22, 2011 DISCLOSURE 1 2 3 STATE OF GEORGIA 4 COUNTY OF DEKALB 5 Deposition of John M. Murphy 6 7 Pursuant to Article 10.B of the Rules and Regulations of the Board of court Reporting of the Judicial Council of Georgia, I make the following disclosure: 8 9 10 I am a Georgia Certified Court Reporter. representative of Shugart & Bishop. I am here as a I am not disqualified for a relationship of interest under the provisions of O.C.G.A. 9-11-28. 11 12 Shugart & Bishop was contacted by the offices of Bondurant Mixson & Elmore to provide court reporting services for this deposition. 13 14 Shugart & Bishop will not be taking this deposition under any contract that is prohibited by O.C.G.A. 15-14-37 (a) and (b). 15 16 17 18 19 Shugart & Bishop has no exclusive contract to provide reporting services with any party to the case, any counsel in the case, or any reporter or reporting agency from whom a referral might have been made to cover this deposition. Shugart & Bishop will charge its usual and customary rates to all parties in the case, and a financial discount will not be given to any party to this litigation. 20 21 22 Teresa Bishop RPR, RMR, CCR B-307 23 24 25 SHUGART & BISHOP Page 69 Page 1 CAMBRIDGE vs. BECKER A ability 40:25 68:11 able 11:10 academic 21:15 accept 14:20 acceptable 25:16 access 26:1 accessed 26:10 39:5 39:12 accessibility 25:9 39:12 accessing 39:10 accurate 8:18,21 32:20,21,22 67:5 accurately 6:4 acquisition 14:8 action 1:6 5:18 7:12 11:18 activities 3:4,6 34:10,15 38:3 40:3 41:9 42:1,2 43:7,12 44:6 activity 27:18,18,21 43:13,14 52:11,13 57:12 add 8:23 administration 25:20 advance 33:19,24 33:24 advantage 25:3 advertise 11:11 14:6 advertised 15:1 advertisement 14:3 14:24 15:6 advertisements 11:14,15 affairs 7:21 61:7 affirmative 11:18 agency 69:16 ago 6:19 7:8 46:2,2 47:18 48:20 al 1:4,9 2:20,21 5:8 35:12 36:3 37:7 45:12,16 62:12,17 aligned 11:11 AlphaGraphics 63:8 alternative 41:4,20 42:6 amend 19:15 analogy 56:18 analysis 51:14 56:9 analyzing 48:15 Annotated 3:19 answer 6:3,5,10,11 26:18 29:22 30:11 35:2,22 37:23 65:16,20 answered 34:16 42:16 60:6 answers 68:7 anywise 68:16 appear 8:18,21 11:15 45:5 52:18 APPEARANCES 4:1 appears 37:15 38:7 applicable 49:20,23 53:25 application 9:17,18 Applications 11:14 11:20 applied 9:6,12 11:17 applies 52:10 apply 13:20 14:9,9 appointment 10:15 15:10 approximately 6:20 36:25 52:6 April 1:17 5:9 68:18 area 14:7,10 15:18 56:22 areas 15:1 arrive 12:1 article 28:1 69:6 articles 21:3,4,9,9 21:10 arts 15:17 asked 7:4,10,13 24:12 29:12 30:14 42:15 47:11,14,22 48:1 60:5 asking 5:20 19:22 31:15 54:5 aspect 49:6,12,15 assessing 16:20 assessment 20:4,8 assign 33:2,7,14 42:22,23 51:17 assigned 32:25 assigning 51:22,25 assist 28:24 assistance 60:10,19 assistant 10:12,15 10:18 12:22 13:7 13:12,21 14:1 associate 16:8,9 JOHN MURPHY associated 2:19 37:7 assume 21:17 57:19 assumed 57:18 assumption 15:13 Atlanta 1:2,17,24 4:14 attachment 23:11 61:9,19 attempting 48:20 48:22 attend 28:13 attended 36:19 attention 17:24 28:5 39:21 46:24 ATTORNEY 4:5 4:12 attractive 15:5 audio 62:18 author 57:19,21,23 authored 21:4,10 authors 62:20 availability 25:3 available 27:24 28:18 41:3 43:11 43:15 58:2 62:14 AVENUE 4:6 aware 22:1 28:23 29:1,3,5 58:5 a.m 1:18 66:10 B b 2:9 3:20 69:14 back 7:9 30:10 31:14 44:19 46:22 48:17,25 49:13 51:16 53:18 55:16 56:17 60:2 61:18 62:3 bad 9:25 BALLARD 4:12 bandied 54:22 based 44:6 basis 34:15 Becker 1:7 5:6 began 14:16 beginning 7:9 behalf 1:14 behavioral 15:18 believe 8:3 12:4 19:16 32:22 35:23 38:6,24 47:21 59:4,9 61:7,17 best 37:21 46:11 67:4 68:11 Bishop 1:15,22 6:3 SHUGART & BISHOP APRIL 22, 2011 68:21 69:9,11,13 69:15,18,21 blanked 21:7 Bloom 2:5 4:5 5:15 5:17 17:17 22:6 22:23 23:24 24:15 26:5,8,15,25 29:17,23 30:9,17 31:1,7,17 32:3,8 39:8 41:14 42:9 42:21 44:11,20 49:11,16 51:9 52:2,24 53:4 60:8 64:12,19 65:5 66:2,5 board 31:8,12,14 31:18,20 69:7 bold 49:18 Bondurant 69:12 book 19:5,8,18,21 20:1,2,24 28:3 40:2,8 41:16 42:18 43:15 51:19 51:19 52:9 55:15 57:23 62:18 63:25 64:5 books 3:10 34:5 40:9,20 44:4 46:16 56:23 bottom 15:21 28:6 boxes 48:6 break 6:7 Brief 44:17 briefly 9:10 39:21 bring 26:2,20,21 27:5,12,24 brought 26:11 build 43:24 building 42:6 bullets 28:6 B-307 1:16 68:21 69:22 C c 3:20,20 68:1,1 calibre 17:7 called 40:8 43:5 63:8,9 Calls 26:3 64:8 65:1 Cambridge 1:4 5:4 5:19 19:9 20:11 20:14 40:5 candidate 13:1 15:5 15:12 16:11,14 candidates 12:2,7,9 13:20 14:1,4 15:25 16:3,8 candidate's 16:21 16:24 18:19 capacity 1:8 5:7 caption 68:7 care 8:22 carpenter 43:19 carpentry 43:21 56:18 case 15:11 16:11 20:23,25 34:3 39:4 65:4 68:14 68:17 69:16,16,18 categories 16:14 27:11 62:8 CCR 1:16 68:21 69:22 Center 28:7,11 central 55:1,8,13 Certified 1:22 69:8 certify 67:4 68:5,13 chair 11:22,23,24 12:13 13:3 16:23 chaired 11:13 chair's 13:4 change 24:24 25:1,2 42:2 44:12 changed 24:19,21 24:22 chapter 28:3 52:8 52:10 chapters 52:12 characteristic 17:25 characteristics 18:17 charge 69:18 check 50:11,13 55:17,21 checked 53:12 54:12 56:12 57:5 58:1,7 59:16 checklist 2:22,24 3:1,3,5,7,8,9,11 8:8 24:9,10 39:16 45:7 46:18,23 47:4,14,25 48:4,7 48:11,17,18 59:10 60:11 63:2,16,19 checklists 8:4 45:23 45:24 58:15 60:4 60:9 checks 50:24 53:15 56:2,3 Chinese 9:24 Chronicles 11:16 Page 2 CAMBRIDGE vs. BECKER Civil 1:6 clarify 17:16 26:24 63:5 class 21:20 26:2,12 26:21 27:5,13,22 27:25 33:22 36:19 41:7,8,16 42:11 42:14,18,24 43:14 63:20 64:1,6 classes 26:11 62:1,6 63:4 65:25 classroom 35:13 36:8 41:24,25 43:4,7,17,25 44:3 57:15 clear 6:7,12 29:1 53:2 clearance 28:7,10 63:13 clearly 19:15 closer 34:3 collection 52:13 collections 43:13,14 52:11 57:13 college 12:23 15:17 16:23 Columbia 62:20 column 37:10 38:19 come 11:14,20,25 12:12 16:18,19 21:25 coming 19:24 commencing 1:18 commercial 15:18 commercially 62:14 commission 67:23 68:22 committed 5:21 committee 11:8,9 11:21,22,24 12:5 12:14 13:1,7,12 13:25 15:15,17,21 15:22,24 16:7,13 16:18,22,24 17:20 committees 11:4 communication 23:8 61:17 compatibility 14:25 compensated 20:20 complete 45:23 47:4,23 48:22 60:11,16 completed 14:18 20:2 45:25 47:17 47:24 48:19,23 58:22 60:9,13,25 61:18 62:25 completing 14:21 48:10 49:5 complicated 32:17 comply 29:4,12,13 30:4,19 31:6,24 complying 28:25 composed 11:21 Compound 26:22 29:16 conclude 53:16 54:6,9 58:11 64:5 concluded 50:18,21 55:24 59:23 63:3 63:19,25 64:13 66:10 concludes 66:7 conclusion 50:19 56:4 conference 45:25 confronted 65:7 conjunction 18:16 connected 18:13 connection 7:5,16 17:11,19 18:4 20:11 28:14 35:11 47:12 59:19 61:4 61:10 65:15 consider 65:11,11 consideration 18:1 considered 53:23 constituencies 12:25 constitute 31:21 consult 13:2 contact 19:20,25 30:24 contacted 31:5 47:22 69:11 contained 1:15 contemplating 63:20 content 27:6 contents 3:12 52:19 context 21:12 50:8 50:15 54:4 57:14 contingent 14:20 continue 20:4 contract 69:14,15 cool 39:11 copies 26:2,21 27:25 34:5,6 61:12,16 copy 22:16,21 24:23 34:8,13 52:18 59:8 61:15 JOHN MURPHY copyright 2:14 21:17,20,22 22:1 28:7,10,14 31:21 54:24 57:6,18 62:19 63:13 copyrighted 22:9 Corporate 1:23 corpus 14:7 correct 7:3 8:5,24 9:2,5,8 10:25 11:5 13:11 18:7 20:17 23:5 33:11 34:19 34:22,23 35:12,15 36:16,19,20,24 38:5,18 40:5,6,9 40:12 47:18 49:18 49:23 50:2,3,5,12 51:20,23 52:4,6 54:13 55:18,19,22 55:25 56:10,11,13 57:24 59:24 60:23 61:1 65:7 68:10 CORRECTION 67:8 corrections 67:5 correctly 34:17 correspond 45:11 45:14,15 Council 69:7 counsel 4:1 6:1,9 7:2,11,16,19 8:1,2 68:14,15 69:16 count 52:7 countries 55:11 COUNTY 68:4 69:4 couple 12:20 39:12 course 2:20,21 8:9 27:3,4,10,14,16 27:17 33:19,20,21 33:25 34:1,2,4,7 34:11,14 35:12,13 35:17 36:6,7,15 37:7,8,16 38:5 40:22,25 41:5,15 41:22 43:2,5 44:9 45:12,16 53:20,21 53:22 56:17 58:21 59:6,11 62:11,12 62:17 63:23 coursepack 62:23 coursepacks 61:25 62:1,2,4,5,7 courses 9:23 62:16 65:8 court 1:1,22 30:16 SHUGART & BISHOP APRIL 22, 2011 69:7,8,12 cover 9:20 52:18,19 69:17 covered 53:9 co-authored 21:10 created 27:3,4,7 credentials 10:18 11:2 criteria 13:19,25 14:2,12,13,22 15:12 48:16 63:3 63:19,25 64:7 current 12:18 16:12 currently 22:15 curriculum 2:13 8:14,16 customary 69:18 CV 11:3 D d 2:1 3:20 date 5:9 33:19 34:4 40:21 46:3,6,6 67:22 dates 36:12 day 33:22 34:1,1 68:18 days 6:19 7:8 12:13 27:19 34:7 deadline 11:25 dealt 20:13 dean 11:10 12:22 12:23 decided 34:4,8 decision 13:4 decisions 33:17,20 65:10 declaration 2:15 32:11,13 defendants 1:10 4:10 37:6 define 62:7 defined 27:20 Definitely 16:4 definition 39:4 definitively 37:1 degree 14:16 15:10 DEKALB 69:4 deliberates 13:1 department 9:6,21 10:24 11:5,9,23 12:16 16:23 departmental 16:22 depend 65:4 depending 16:12 deposed 5:23 deposition 1:13 5:2 6:16 66:8,10 67:4 67:4 68:6 69:5,12 69:13,17 derived 37:4 describe 11:7 53:8 54:15 Description 2:11 designated 11:22 35:12 desk 24:23 61:12,14 difference 17:10,20 17:22 58:23 59:18 different 11:17 12:21,25 14:2,3,5 14:5 18:23 19:21 24:9,16 25:13 27:11 47:2 58:17 62:8 differently 56:6 58:22 59:9,15 differs 16:11 difficult 41:2 difficulty 52:1 dinner 12:19 direct 28:5 39:21 direction 34:19 68:9 directions 27:21 directive 29:14 30:5 30:19 31:24 disclosure 3:19 69:1,7 discount 69:18 discretion 11:23 discussion 27:20 disqualified 69:10 dissertation 14:18 14:21 DISTRICT 1:1,1 DIVISION 1:2 doctorate 14:14,15 14:19 document 8:13 19:2 22:7,8,12,16,22 22:25 23:2,18 32:10,16,19,20 35:24 37:2,4 38:16 39:1 47:7 47:12,17,23,25 48:19 49:5,12,17 52:15 61:8 documents 6:22,24 7:1,5,11,16,24 8:7 44:22 45:5 58:16 59:17 60:13 Page 3 CAMBRIDGE vs. BECKER doing 27:7 43:3 48:24 53:22 60:19 double 50:1 Doubletree 61:6 DRAKE 4:19 draw 56:24 drop 46:6 dropped 46:12,14 46:15 duly 5:12 dynamic 42:4 E E 2:1,9 67:1,1,1 68:1,1,3 earlier 19:22 38:9 45:9 53:18 easily 25:16 education 11:16 22:10 educational 53:13 53:17 effectiveness 14:23 14:25 either 9:16 41:1 61:13 electronic 33:18 34:12 electronically 23:11 24:25 61:18 Elmore 69:12 employ 68:15 employment 24:6 encourage 26:16 encouraged 25:19 25:21 encouraging 55:8 English 9:7,12,14 9:22 10:4 36:8 55:11 62:13 entails 9:11 11:8 entire 22:16 55:1 entirety 23:2,3 40:15 entities 18:23 entitled 32:11 40:2 entry 15:22 equal 51:3,6,13,15 ERes 33:9 39:10,15 65:15 EReserve 33:15 34:18 45:12 EReserves 23:9,10 24:19 25:4,16,20 25:23 26:1,11,20 27:2 29:11,13 30:3,4 31:23,23 35:21 37:4,16 38:14 45:16 46:12 46:16,23 47:6 48:3 59:13 65:25 estimate 46:11 et 1:4,9 5:8 evaluated 15:24 21:4,11 58:18 evaluates 13:25 evaluating 13:20 17:18 49:6 evaluation 16:3,6 17:8,11,12 20:17 event 37:25 eventually 12:23 13:2 everybody 27:22 evidence 68:11 examination 2:5 5:14 44:14 Examinations 2:2 examined 5:12 examining 48:18 example 13:6 14:6 14:11,13 25:17 39:5 57:14 62:12 examples 43:16 exception 67:5 excerpt 52:3 63:25 64:5 65:14,25 excerpts 46:15 excited 57:1 exclusive 69:15 executed 2:16 32:11 exhibit 8:13 22:8 32:10 35:25 37:3 37:24 38:4 44:23 44:24,24,25,25 45:1,2,2,3 53:3,6 58:25 59:3 exist 29:5 41:9,17 existence 41:1 exit 12:22 expectation 25:9,12 25:15 expected 24:5 experience 25:25 26:9 expert 21:12 experts 21:11 expires 67:23 68:22 explain 35:2 56:15 58:3 explicitly 62:21 external 16:18,19 JOHN MURPHY e-mail 19:19 23:8 61:6,8 F F 68:1 facility 63:8 fact 8:16 11:13 18:10 34:25 58:20 65:6 factor 49:17 50:17 50:19 51:16 53:12 53:14 54:6,9,12 55:3,16,20,24 56:12 57:25 58:11 factors 49:2,22 51:5 55:21 56:8,9 58:18 faculty 12:3,3,15 13:2 25:14 33:17 fair 2:22,24 3:1,3,5 3:7,8,9,11 8:4,8 15:12 17:6 30:3 31:22 39:16 42:10 42:13 45:7 46:18 46:23 47:4 48:3,6 49:7 50:2,20,21 54:7,10,23 55:18 55:21,25 56:3,6 57:25 58:12,15,18 59:18,24 60:3 62:25 63:2,4,16 63:19,21 64:1,6 64:14 fall 10:10 falling 54:23 familiar 21:22,24 far 8:23 13:4 14:25 27:6 34:19 favor 50:20,21 54:7 54:10 55:25 56:3 56:8 58:12 fax 61:12,17 faxed 61:15 February 65:20,21 feedback 12:24 field 9:10 21:5,11 41:3 FIFTH 4:6 figure 12:2 41:11 File 1:6 files 11:24 12:1 22:19,21 fill 39:16,18 46:18 46:23,25 48:6 filled 59:9 filling 60:2,3 SHUGART & BISHOP APRIL 22, 2011 final 33:20 64:4 finalized 53:20 financial 69:18 find 50:4 fine 17:6 fingers 52:7 finish 14:15 37:23 finished 6:2 firm 5:17 first 5:12 8:14,20 10:11 15:22 23:7 23:17,21,22 33:22 35:4 40:2,21,24 44:22 46:4 50:18 58:25 five 49:22 Five-Minute 3:5 flip 8:15 Floor 1:17 focus 9:21 10:1 folks 9:16,23 14:17 follow 20:25 21:1 24:5 28:21 64:18 followed 24:16 following 63:24 67:5 69:7 follows 5:13 24:19 foregoing 67:4 68:5 foreign 36:9 form 17:14 22:3,18 23:20 24:11 26:3 26:13 29:16 30:8 30:21 31:11 32:1 32:6 41:10,18 49:8,14 51:7,24 formal 58:6 format 43:5 formed 11:23 forms 11:16 found 49:19,22 foundation 29:15 30:8,20 31:11,25 32:5 39:2 four 11:21 12:10,21 34:5 38:12 59:6 fourth 37:10 38:19 French 9:24 Friday 1:17 front 61:11,14 full 9:1 16:10 52:8 52:13 53:3 FULTON 68:4 further 33:19 66:2 66:4 68:13 G G 68:3,3 GA 4:14 games 2:23 3:2,13 46:20 51:20 53:11 57:15 general 9:19 13:17 Georgia 1:1,8,17,24 5:7 7:22 10:8,12 10:19 22:1 24:2 47:21 54:21 61:8 61:12 62:4 69:3,7 69:8 give 5:25 27:19 35:4 42:7 51:13 given 51:3,6 62:21 68:11 69:19 go 11:14 44:11 51:16 53:18 56:17 58:24 64:21 goes 14:4,24 62:3 going 7:9 9:23 10:7 14:23 25:11 27:23 33:18 34:10,14 44:21 52:22 54:17 60:2 good 5:16 18:14 25:23 GoSolar 2:17 35:25 Gotshal 4:6 5:17 gotten 61:6 64:2 grad 12:16 25:12 graduate 12:15 25:8 62:20 Grammar 3:2,3 38:2 40:2 41:9 ground 5:25 group 10:2 43:8 grouping 27:20 groups 27:23 43:10 GSU 2:14 21:23 24:6 25:20 28:13 28:24 29:3 30:2 60:10,20 guess 6:21 9:25 17:4,15 21:24 22:4 57:10 65:11 H H 2:9 67:1 hammers 43:20 hand 14:14 27:21 49:23 50:1,6,12 50:24,24 55:17 handed 33:22 handled 59:5,9,15 handout 27:16,17 Page 4 CAMBRIDGE vs. BECKER handouts 27:3,4,14 62:11,14 hands 43:18 happened 15:14 happens 26:14 41:24 happy 6:14 49:24 hard 22:21 24:23 30:22 34:8,13 61:14,16 harder 41:7,15 head 6:5 29:9 30:1 heading 21:9 hear 26:18 64:10 65:12 heard 23:19,21 28:10 54:22 56:6 hearing 68:12 Hedge 37:21 38:1 40:23 42:13 help 15:20 21:24 26:24 29:4 37:25 helps 42:11,14,17 42:18 higher 11:16 25:9 42:3 hire 13:5,10 hiring 13:13 hit 39:4 hits 37:11 38:17 39:1,6 holder 57:6,18 home 25:11 hones 12:5 honing 42:24 hotel 61:5,6,11,14 hour 1:18 hours 6:21 hypothetical 29:9 29:17 31:2,15 64:4 Hypothetically 30:1 I idea 25:23 39:3 43:2 ideally 41:8 ideas 43:24 44:2,6 56:24 identified 33:10 34:18 identifies 36:3 identify 24:20 29:6 59:20 imagining 30:23 impaired 41:1,2,6 implement 44:5 implementing 42:1 43:7 important 17:7,9 53:12,17,25 55:14 55:15 impression 35:3 include 27:3 37:17 62:9,10 included 8:4 11:3 17:1 58:21 59:7 includes 21:17 62:17 including 13:21 incorrect 10:20 indicate 13:24 18:12 49:25 54:1 indicated 29:11 54:25 indicates 15:16 36:10,18,22 indicator 18:15,17 individual 16:11 57:12 individually 12:12 12:13 influence 64:24 65:3 inform 29:10 informal 12:20 information 16:25 17:5 informed 28:17 34:21 infringement 31:22 insert 32:25 inspiration 44:2 instance 13:22 instructed 28:20 instructs 6:10 intellectual 21:15 intend 52:16 interaction 41:23 interactive 42:4 interest 69:10 interested 57:2 68:17 internationally 11:12 Internet 61:4,10 interpreting 49:2 interview 14:17 interviews 12:6,11 12:22 intuitive 65:10 invitation 14:20 JOHN MURPHY involved 63:13,14 in-service 43:1 item 19:8 items 39:24 55:17 59:16 IV 11:4 J job 11:10 12:17 15:4 John 1:13 2:15 5:2 5:11 8:14 32:11 67:3 69:5 Jonathan 4:5 5:17 JONATHAN.BL... 4:8 journal 18:16,17 21:3,8 28:1 Judicial 69:7 June 36:12 K Katrina 4:11 6:19 7:8,19 Keep 2:24 38:1 59:1 keeping 5:22 KENNITH 4:19 kin 68:13 kind 28:13,18 43:23 55:4 59:12 62:15 kinds 34:9 43:16 55:9 56:19,23 King 7:21 8:1 Klippel 38:1 know 5:19 6:8 12:9 20:8,25 28:21 33:23 34:19 35:6 35:8,22 39:7 46:1 47:10,16 49:15 57:16,20,22 58:6 61:10 63:14 64:17 65:4,9 knowing 59:10 knowledge 9:18 34:24 67:4 Korean 9:24 L language 9:7,13,13 9:17,19 10:2,3,5,7 14:8 36:9,9 43:3 43:14,17,22 44:6 56:19 languages 9:15,15 9:16,20,22 10:2 laptop 61:5 SHUGART & BISHOP APRIL 22, 2011 laptops 25:10 law 4:5,12 5:17 21:15,17,20 lawyers 7:21 learners 10:6 leave 63:12 lecturers 12:15 left 49:22 50:6,24 legal 7:21 47:21 61:7 letter 16:21,22 58:6 letters 16:17,19 let's 21:19,22 46:19 51:16 63:24 65:18 65:18,18 level 43:20 librarian 29:10 30:1 library 23:9 24:24 25:12 licensing 58:1 LINE 67:8 linguistics 9:7,12 11:17 14:8 list 11:17 13:6,19 listed 21:9 37:12 48:16 67:5 litigation 7:5,10,17 47:12 69:19 little 44:13 LLP 4:12 loaded 33:9 locate 47:12,13 long 5:22 6:20 20:1 25:6 look 6:22,24 12:1 14:22 17:22 19:20 20:3 27:22 35:14 39:13 43:19 45:4 49:24 58:14,24 looked 21:6 looking 8:20 10:14 11:2 14:4 16:13 16:15,19,24 45:24 46:4 49:17 50:17 51:16 54:12 56:12 58:19 59:14,17 65:9 looks 8:25 22:13 lot 25:13 65:10 M M 1:13 2:15 4:11 5:11 8:14 32:11 67:3 69:5 main 61:13 making 33:20 65:10 Manges 4:6 5:18 manifested 25:13 March 2:16 32:12 60:12 mark 1:7 5:6 50:5 52:16,16,24 marked 8:12 22:7 market 56:13 marketed 57:6,20 marking 32:9 35:24 37:2 52:21 material 23:9 34:9 34:12,13,13 57:1 57:3,16 62:18,19 64:21,22 materials 25:9,15 33:8,9,10,14 34:17 35:1,7,20 37:11 38:13,17 39:10,15 42:5,7 53:19,21,22,23 55:4,10 56:19 57:2,17 58:21 59:11 62:9,14,22 62:24 63:12 65:9 matter 5:3 18:3 31:6 52:25 Maymester 34:7 37:5 45:13,17 mean 6:18 7:7 19:17 21:1 27:15 46:13 49:19 54:4 55:4 65:9 Meaning 9:4 means 43:6 49:20 50:8,15 meant 7:20 meet 6:20 11:19 12:13,15,16 meeting 14:12 meets 34:7 member 25:14 33:17 memberships 15:15 15:21,22 mentioned 59:21 message 61:7 met 7:8 15:12 micro 34:10,15 43:6 mine 39:7 minute 53:14 57:10 missing 8:22 misspoke 56:7 Mixson 69:12 modification 45:20 Page 5 CAMBRIDGE vs. BECKER modify 33:3 moment 39:20 51:17 55:16 month 33:24 46:2 47:18 48:20 moot 59:12 morning 5:16,21 motivation 25:18 multiple 40:18,18 Murphy 1:13 2:15 5:2,11,16 8:12,14 32:10,11,14 35:24 37:2,24 38:4 44:21,22,23,23,24 44:24,25 45:1,1,2 45:2,4 53:5,6 61:21 67:3 69:5 N N 2:1 name 5:16 nationally 11:11 native 10:2,3 nature 17:23 27:13 41:22,23 57:17 necessarily 52:16 need 6:2,4,7 8:19 17:4,5,15 21:24 22:4 26:18,23 43:20 53:18 64:10 negotiate 11:10 never 5:24 21:21 38:21 61:24 64:2 New 4:7 46:1 47:22 61:5 Newspapers 3:7 nice 57:16 niche 57:13 nine 12:4 45:9,9 58:15 59:17,24 nodding 6:5 nonbinding 13:3 nonrequired 38:10 nontenured 12:16 nontransformative 50:11,15 normal 63:11 NORTHERN 1:1 NOTARY 67:21 note 18:6,10 Noted 30:9 notice 11:3 noticed 25:8 noticing 59:14 nowadays 27:23 number 15:8,9 JOHN MURPHY 18:23 37:11 53:6 54:22 NY 4:7 O O 68:3 object 6:9 objection 17:14 22:3,18 23:20 24:11 26:3,13,22 29:15,19,20 30:7 30:7,13,20 31:3 31:10,25 32:5 39:2 41:10,18 42:15 49:8,14 51:7,24 60:5 64:8 64:15 65:1 objectives 53:13,17 offer 43:2 62:12 offered 59:11 offering 40:21 office 7:22 8:3 22:19 47:21 55:6 56:20,23 61:7 offices 69:11 official 1:8 5:7 oh 39:11 40:20 42:23 46:15 56:17 63:17 okay 5:25 6:22 7:1 7:4 8:4,11 9:1,25 10:11,23 11:2,7 13:10 15:4,11,15 16:2,7 17:6,10,18 18:2,20 19:1,3,17 20:13,16,19,22 21:17,18,25 22:15 23:4,19,25 24:20 26:16,17 27:15 28:17,20 29:25 30:9 31:8 32:9,18 32:21,23 33:13 34:24 35:20 37:9 37:13,17,19,20,21 38:7 40:1,17 42:23 44:8,11 45:22 46:3,17 47:3,7,11,17 48:2 48:13,19,24 49:2 49:17,22 50:4,23 51:2,12 52:3,6,14 53:16 54:12,15,19 55:20,24 56:2,15 57:5,8,10,10,25 58:14 59:17,23 60:1,19 61:4,21 62:5,25 63:7,17 64:4 65:21 old 27:18 ones 45:10 56:5 58:20 59:7 on-campus 12:11 opening 11:11 options 64:17,20,25 orally 6:5 order 27:18 original 44:1 56:13 Orleans 46:1 47:22 61:5 owned 59:8,12 Oxford 5:4,19 40:11 O.C.G.A 3:19 69:10 69:14 P P 1:7 5:6 packet 62:9,11,13 62:15,16 page 2:2,11 3:12 8:14,20 10:11,14 11:3 15:15 19:2,4 21:2,6 28:5 39:21 52:19 67:8 pages 20:1 22:13 23:4,7 24:1 46:20 51:22 52:3,6 53:9 68:9 paper 62:1 paragraph 33:6,10 34:18 part 10:4 16:17 17:7,9 24:1 25:12 43:1 61:19 63:11 particular 10:2 11:15 14:7 15:11 31:21 34:3 57:13 62:17 63:11 parties 68:14,16 69:18 party 69:16,19 patterns 27:21 pay 17:23 paying 46:24 Peachtree 1:16 4:13 peer 17:12,21,24,24 18:3,7,10,12,20 18:22 peers 21:5 43:4 pejorative 43:12 Penny 38:2 people 10:6 11:21 SHUGART & BISHOP APRIL 22, 2011 12:4,5,7,8,10,22 12:24 14:9,9 43:9 percent 54:18,19 period 34:8 permission 58:1,7 62:19,21 64:22 65:14,24 person 11:22 12:14 43:8 personally 39:9 perspective 24:22 photocopy 62:9 phrase 18:22 physical 22:16 26:21 61:16 62:1 physically 25:11 48:10 piece 19:24 55:14 55:14 place 14:16 29:13 30:3 31:23 65:13 65:17,19 placed 30:4 31:22 33:18,23 34:18 45:12,16 46:22 placing 39:15 48:2 plaintiffs 1:5,14 4:3 5:3,18 Plaintiff's 8:13 22:8 32:10 35:25 37:3 37:24 38:4 44:22 44:23,24,25,25 45:1,1,2,3 53:6 planned 33:21 planning 64:1 platform 41:25 42:5,8 play 3:8 16:2,6 31:14 playful 57:15 please 35:5 63:6 plumber 43:21 plumbing 43:22 56:18 point 7:15 44:5 47:11 54:20 59:12 points 14:5 policy 2:14 21:23 22:1,9 24:1,4,9,10 24:16 25:2 28:6 28:15,21,25 29:4 29:12 65:13,17,19 65:21 pooled 12:10 portion 44:13 51:19 53:8 54:13,17,25 55:7 pose 47:1 position 11:13 13:11,14 14:1,16 14:20,24 15:2,6 positions 11:5 13:8 13:13,21 possess 22:16 possession 7:11,16 56:20 possibility 24:25 possible 35:9,10 41:4 48:13,14 61:17 post 29:11 posted 38:14 potential 53:24 practical 43:18 Practice 3:4 38:2 40:2 41:9 practices 25:1 35:13 36:8 preceding 68:9 prefer 12:25 21:13 preliminaries 6:15 preparation 6:18 9:13 10:4 prepare 6:16,17 9:17 prepared 38:5 present 4:17 10:25 56:21 presentation 12:18 presented 27:7 44:6 presenting 56:25 preserve 7:11,13 president 1:9 5:8 30:18,23 31:4 Press 1:4 5:4,5,20 19:9 20:11,14 40:6,11 pretty 39:11 previously 35:18,21 62:8 pre-service 42:25 primarily 9:14 10:6 primary 9:21 25:7 25:17 print 26:1,20 61:14 62:10 63:8,9 printed 22:20 26:11 61:13 62:17 printing 68:8 prior 24:10 39:15 46:17 48:2 priority 42:3 Page 6 CAMBRIDGE vs. BECKER probably 29:5 procedure 48:9 64:21 procedures 24:18 58:6 proceedings 47:23 process 11:8 12:21 16:6,17 17:8,12 17:19 18:4 61:11 61:20 63:11,13,14 product 57:5 professional 10:18 professor 5:16 9:1 10:12,16,18 13:7 13:13,21 14:1 16:9,9,10 32:13 44:21 45:4 61:21 66:6 profile 16:14,21,24 program 25:8 prohibited 69:14 project 20:5 57:20 promotion 15:16 16:8,10 pronunciation 2:23 3:13 46:19 51:20 53:10 57:14 property 21:15 proposed 30:2 63:3 64:13 prospectus 19:21 20:1,3,9,23 prospectuses 19:9 provide 7:15,24 20:3,8 25:15 69:12,15 provided 7:1 8:9 20:16 37:5 provides 44:4 providing 20:20 provisions 69:10 provost 32:4 PUBLIC 67:21 publication 17:21 17:21 18:1,3,7,10 19:23 40:24 publications 5:5,20 15:3,4,8,9 16:2,6 17:2,7,11,18,23 18:16,18 published 18:19 20:24 40:5,11 43:15 54:1,4 publisher 19:18,19 57:19 58:7 65:24 publishers 19:6 purchase 37:18,20 55:5 57:3 59:8 purchasing 34:6 purposes 7:12 44:9 54:24 pursuant 1:14 3:19 69:6 pursue 64:25 put 23:9 27:2 35:20 65:19 putting 53:19 Q qualifications 12:9 qualified 14:4 qualify 32:25 quality 15:5 16:20 17:23 18:15,18,18 20:9 question 6:3,11,12 6:14 9:25 13:16 13:18,23 18:9,25 21:7,8 22:5,11 26:7,17,18 29:2,9 29:18,21,25 30:13 31:2,8 32:4,17,18 33:13 34:16 35:5 38:25 41:12 46:21 47:1,2 51:10,11 52:3 60:14 63:15 63:17,18 64:4,11 65:12,20,22,23 questions 5:21 6:10 27:20 33:5 60:1 61:21 66:3 68:7 quick 5:25 6:15 QUICKER 4:11 17:14 22:3,18 23:20 24:11 26:3 26:13,22 29:15,19 30:7,12,20 31:3 31:10,25 32:5 39:2 41:10,18 42:15 49:8,14 51:7,24 52:21 53:1 60:5 64:8,15 65:1 66:4 QUICKERK@B... 4:15 quite 14:19 R R 67:1,1 68:1,3 range 41:3 43:16 55:9 rank 16:12 JOHN MURPHY rates 69:18 read 30:10,15 32:24 34:22,25 35:7 38:10,13,18 40:15 67:4 reading 22:25 23:1 29:10 30:2 31:21 39:17 42:1 46:19 46:22 47:5,15 48:3,15 49:7,20 49:23 50:4 51:17 58:21 63:3,20,22 64:14 readings 2:19 26:1 26:10,20 27:6,9 27:10 33:1,3,8 37:7,15 45:11,15 45:18,19 59:19,24 really 18:9 39:3 54:3 reason 6:12 10:17 25:7 31:24 44:4 reasonably 58:1 reassert 30:12 recall 19:14,15,16 20:10,19 23:4,7 28:17,19,20,23 40:19 48:15,18 52:8 60:2,3,7 received 23:8 recess 44:17 recipe 43:13,14 52:11,13 57:12 recollection 20:22 22:24 23:1 37:22 39:9 48:25 49:1,4 49:5,13 52:17 58:20 recommend 55:5 recommendation 13:3 recommended 25:22 26:19 record 5:10 6:6 8:23 15:7 17:2,2,3 30:15 44:12,15,19 53:1,3 66:8 recordings 62:18 reduced 68:8 refer 7:19,19,20,20 18:22 46:10 48:3 62:23 referee 19:5,17 refereed 21:3,8 reference 19:2 54:20 SHUGART & BISHOP APRIL 22, 2011 references 12:8 referral 69:17 referred 54:3 referring 59:2 refers 33:9 46:11 reflect 37:15 38:8 49:12 reflected 24:10 38:17 39:1 reflects 37:6 refresh 52:17 regard 44:8 regents 31:9,12,15 31:18,20 regular 68:15 Regulations 69:6 relationship 69:10 remember 6:25 13:15 15:14 20:6 20:7,13,21 22:14 23:3,13,14,15,17 23:22 24:19,20 35:23 39:11,19 46:25 47:16 48:1 48:8,10,12 51:15 61:12,16,19 63:5 63:7 repeat 12:21 13:23 17:16 22:5 26:6 29:2 35:5 rephrase 6:13,14 report 2:17 12:2 35:25 37:5 38:21 reporter 30:16 69:8 69:16 Reporters 1:22 reporting 69:7,12 69:16,16 represent 5:18 37:3 37:10 65:19 68:10 representative 69:9 represents 37:11 request 8:9 60:22 requested 23:9 31:13 47:6 require 27:12 38:10 38:13 required 27:9 28:21 33:1,3,8 34:22 37:18,20 39:25 40:14 58:21 59:7 requirement 15:9 15:10 requirements 11:18 research 12:18,18 14:25 16:15 22:10 reserve 24:23,25 33:18,23 53:19 reserves 24:23 resource 3:9 40:9 40:23 57:16 resources 27:8 28:24 29:3,5,6 37:21 41:3 57:2 respect 31:8 32:4 63:15 respective 6:4 respects 24:21 response 25:2,6 rest 22:14 result 68:17 resulted 13:10,13 retain 47:7 retrospect 59:10 review 11:24 17:19 17:20 18:4,12 19:22 37:14 reviewed 17:12,21 17:24,25 18:4,7 18:11 reviewer 18:21,22 reviewers 16:18,20 Reviewing 32:19 reviews 16:8 right 7:15 8:25 10:14 12:4 22:17 32:22 45:9 46:5 46:24 48:11 50:1 50:12,24 53:5 55:17,23 56:5 61:15 RMR 1:16 68:21 69:22 role 3:8 16:2,5 Roman 11:4 room 42:4 61:5 row 36:3 RPR 1:16 68:21 69:22 rules 5:25 69:6 run 27:19,25 S S 2:9 67:1 Sage 5:5,20 satisfactory 42:8 save 7:4,11,13 saw 23:7,11,17 saying 6:5 says 8:13 10:17,18 19:8,12 28:7 46:6 sciences 15:17,18 Page 7 CAMBRIDGE vs. BECKER scope 24:5 search 11:4,8,9 12:4,14 13:1,6,12 13:25 15:4 searches 14:3 second 9:7,12 14:8 19:8 21:6 33:16 36:9 37:17 39:21 40:8 43:13 57:11 58:19 section 19:5 21:2 see 10:17 13:8 15:19 19:4,9 21:3 28:6,8 36:3,4,10 36:13 38:16 39:13 39:13 43:22 46:3 46:8 54:1 55:13 55:14 56:18 57:6 58:2 seeing 58:25 seek 60:10,19 seen 22:11,13 38:21 segment 53:10 55:13 select 41:4,21 selected 37:15 semester 2:18 36:2 39:10 sent 23:10 61:18 separate 45:9 62:16 series 44:22 served 11:4 18:20 serves 11:17 service 16:15 17:3 20:20 services 69:12,16 session 28:14,18 36:10,16 set 27:17,18 settings 12:20 sheet 36:22 shelves 55:6 56:21 shop 62:10 63:8,9 show 8:12 22:7 32:9 35:24 37:2,24 44:21 52:15,22 showing 53:2 Shugart 1:22 69:9 69:11,13,15,18 side 49:23 50:2,6,12 50:24,25 55:17,22 56:4 SIGNATURE 67:21 signed 32:13 significant 55:1,8 similar 57:5,20,22 similarly 50:9 55:20 simulation 43:3 simultaneously 43:9 sit 32:19,21 situation 65:7 six 12:5 46:1 47:18 48:20 size 55:6 skills 42:25 slow 61:10 small 54:13,17 smaller 43:10 soliciting 58:7 63:12 64:22 sorry 21:6 30:10 36:21 44:23 54:8 sort 7:9 11:7 13:19 sorted 37:6 sought 65:14,24 sound 36:24 62:12 source 44:1 sources 16:25 SPAHR 4:12 Spalding 7:21 8:1 speak 9:16 speakers 9:14,22 specialist 14:7 21:13 43:15 56:22 specialists 18:12 specialization 14:11 15:1 specific 9:20 13:16 18:24 24:21 48:25 49:1 specifically 8:8 20:10 27:15 29:7 39:24 48:8 57:14 59:2 60:3 63:15 specifics 13:15 specified 14:10 specify 15:7 17:4 speculation 26:4 31:10 64:9 65:2 Square 1:23 stage 64:3 start 12:6 33:19 34:1,4 started 38:2 starting 44:5 State 1:8 5:7 7:22 10:9,13,19 22:1 47:22 54:21 61:8 61:12 62:4 69:3 JOHN MURPHY stated 68:6 statement 42:10 STATES 1:1 stimulates 56:13 stipulations 1:15 Street 1:16 4:13 strike 13:17 18:2 22:25 31:19 38:8 38:10 46:17 49:3 50:9 51:18 63:1 64:23 strong 15:7 42:19 structure 43:5 students 10:1 12:17 25:8,13 26:1,10 26:19 27:8,12 33:8,22 34:21,25 35:7 36:18,21,23 37:18,20 38:10,13 38:18 40:15 44:5 53:24 55:5,9 56:22 59:8,12 stuff 27:24 subdivided 52:12 subfactor 49:19 54:16 56:16 57:9 58:4 subfactors 51:3,13 suffice 34:9 Suite 1:23 4:13 summer 2:17 36:2 supplemental 27:10 45:19 56:25 supplementary 34:13 53:21,23 support 34:13 supposed 11:25 sure 7:7,18 27:1 35:22 39:18 41:15 41:19 50:7 52:10 54:3,5,21 62:15 65:16 sworn 5:12 syllabus 2:21 8:9 33:20,21,25 38:5 39:22 system 33:15 62:13 T T 2:9 67:1,1 68:1,1 table 3:12 52:19 take 6:7 10:11 12:19 13:6 15:11 18:1,9 20:3 21:19 22:15 43:6 50:9 55:10 64:23 SHUGART & BISHOP APRIL 22, 2011 taken 1:13 5:2 68:6 talk 12:17 46:19 talked 62:8 Talking 2:24 38:1 59:1 tape 44:12,18 taught 10:24 35:17 36:15 TCEA 45:25 teach 9:14,14,15,22 40:25 41:4,7,8,15 41:16,22 42:11,14 42:18 55:11 teacher 9:13 10:4 43:22 teachers 3:10 9:18 9:24,24,24 10:7 40:9 42:25 43:1 56:19 teaching 9:19 10:1 10:8 14:22,24 16:15 17:2 34:10 34:15 36:8 42:25 43:3,6 telephone 12:6,7,7 19:19 tell 8:15,23 9:10 16:5 37:14 45:5,6 55:2 56:22 57:8 58:16 tenure 9:4 13:7,12 15:16,25 16:3,8 17:11,19,20 18:4 19:22 tenured 11:12 12:3 16:10 Teresa 1:15 68:21 69:21 terms 58:17 60:10 testified 5:12 18:6 38:9,12 testify 52:23 testimony 53:18 59:4 text 39:25 40:22,23 41:9 42:10,12,14 42:19 44:8 53:8 53:10 59:1 texts 38:12 40:14 41:1,4,21 44:7 45:8 Thank 66:5 theory 43:17 thereto 68:8 they'd 14:15 thing 30:19 things 19:23 24:25 27:2,12,13 33:22 43:16 55:11 think 15:8 18:13 25:6 27:8 33:16 34:16 41:20 42:17 42:19 45:8 47:13 57:11 59:5,6,22 64:16 thinking 39:11 54:16,20 55:2,7 56:15 57:1,8,23 58:3 59:18 63:10 65:8 third 19:4 thought 53:24 three 11:21 13:7,12 16:16 34:7,8 37:17,19 43:9 55:24 56:2,8 59:5 59:6 62:8 tied 14:23 62:14 time 6:7,9 7:6,10 14:5 16:23 21:25 23:23 24:18 30:22 47:20 48:7 60:4 60:17 65:23 times 40:18 63:10 tinkering 33:25 title 3:12 19:5 36:6 52:19 titled 21:2 22:9 45:7 today 32:19 told 30:2,3,18 31:18 31:20 38:17 tool 44:8 tools 43:20,22,23 top 12:2 28:7 36:3 town 60:21,22 61:1 track 11:12 12:3,16 13:7,12 trade 43:23 training 21:15,18 28:14,18 62:21 transcribe 6:4 transcript 68:10 transformative 50:5,7 transmit 61:3 tremendous 40:23 Tricia 37:21 42:13 true 67:5 68:10 try 12:1 27:24 trying 6:24 18:13 41:11 turns 43:6 Page 8 CAMBRIDGE vs. BECKER twice 12:19 twist 57:16 two 6:19,21 7:8 12:12 19:8,16 28:6 43:9 49:18 53:14 64:16,20 type 11:18 19:23 typically 11:12,20 12:10,13,17 U uh-huh 6:6 8:17 13:9 19:7,13 36:1 39:23 46:7 57:7 ULearn 61:23,24 ultimately 13:4 20:23 33:2,7 undersigned 67:3 understand 6:11,13 7:7 24:4 34:17 38:23 understanding 23:25 24:8,13 38:25 50:14 51:2 51:4 UNITED 1:1 university 1:4,8 5:4 5:5,8,19,20 7:22 8:3 10:9,13,19 18:13 19:9 20:11 20:14 21:19 22:2 24:1 30:18,24 31:5 40:6,11 62:20 unsure 41:5 Ur 38:2 40:22 use 2:22,24 3:1,3,5 3:7,8,9,11 8:4,8 22:9 25:20 30:3 31:22 33:2,7,13 34:14 39:16 44:2 44:4 45:7,18 46:18,23 47:4 48:4,6 49:7 50:2 50:20,22 54:7,10 54:19,23 55:18,21 55:25 56:4,6,12 57:25 58:12,15,18 59:18,24 60:4 62:5,15,22,24,25 63:2,4,16,19,21 64:1,1,6,6,14,21 64:22 65:14,24 usual 69:18 utilize 28:24 29:4 V value 53:24 varies 44:1 various 16:25 46:15 versus 5:6 video 44:15,19 66:8 VIDEOGRAPHER 4:19 5:1 44:15,18 66:7 videotaped 1:13 5:2 violated 31:19 vision 53:20 visit 12:12 visited 12:24 vitae 2:13 8:14,16 Vocabulary 3:11 vs 1:6 W wait 6:2 53:14 57:10 want 27:17 30:12 53:1 wanted 29:11 34:5 64:6 wasn't 54:3,5 63:13 way 18:14 19:4 25:1 33:25 34:24 35:6 41:5,7,16 43:13 51:5 52:12 ways 14:5 25:13 week 34:7,8 weeks 33:24 46:1 47:18 48:20 weighed 50:19,21 54:6,9 55:25 58:11 weighing 56:8,9 weighs 50:2 55:17 55:21 56:3,3,5 57:25 weight 51:4,6,14,15 Weil 4:6 5:17 went 65:17 we'll 8:11 14:17 44:12,13 53:5 we're 5:9,21 14:4 16:13,15 44:19 45:24 66:8 we've 12:24 wide 16:23 41:3 43:16 55:9 wireless 61:4 withdraw 32:18 47:1 51:10 JOHN MURPHY witness 17:15 22:4 22:19 23:21 24:12 26:6,14,23 29:21 30:22 31:4,12 32:2,7 39:3 41:11 41:19 42:17 49:9 49:15 51:8,25 60:7 64:10,16 65:3 68:12 word 7:18 21:12,13 21:18,24 23:19,21 32:25 41:6 43:12 45:18 46:25 50:7 51:25 52:10 53:25 62:3 words 6:4 27:20 32:25 48:7 51:4 57:22 work 18:19 54:1,4 54:13,18 55:1,7 56:13 62:18,18 63:7 working 10:5,6 25:11 42:19 43:8 43:9 works 22:9 37:18 wouldn't 64:2 65:11 write 32:16 writing 3:9 37:21 40:8 58:6 written 12:24 20:8 20:16 X X 2:1,9 15:7 Xs 49:18,25 50:1 Y Y 15:7 yeah 7:23 8:20 13:24 18:6 25:3 30:1 33:15 36:5 38:21 44:10 45:24 49:24 54:3 55:4 56:17 58:5 59:4 60:14 62:3 64:13 year 20:7 23:15,17 23:22 40:24 60:12 years 25:7 40:18,19 54:23 58:5 YORK 4:7 Z Z 15:7 SHUGART & BISHOP APRIL 22, 2011 1 1 2:13 8:13 32:21 49:17 50:19 1:08-CV-1425-O... 1:7 10 3:3 36:21,22,25 37:1 44:25 10.B 69:6 10:03 1:18 5:10 1000 4:13 10153-0119 4:7 11 3:5 44:25 11th 36:12 11-21-11 68:22 11:01 44:16 11:12 44:19 11:47 66:9,10 1180 1:16 12 3:7 45:1 13 1:23 3:8 45:2 14 3:9 45:2 140 1:23 15 3:11 28:5 34:7 45:3 15-14-37 3:20 69:14 16 2:16 3:12 32:12 53:6,7 16th 1:16 1988 10:10,15,21,22 10:25 40:22 54:22 62:3,22 1990s 63:10 1994 10:19 1998 10:13,19,21 1999 19:12 2 2 2:14 11:4 22:8 32:21 44:18 50:17 51:16 53:12,14 54:6,9 55:16 20 36:18 52:6 54:18 54:19 2002 13:8,15 15:14 2005 15:18 2006 15:18 2009 2:18 36:2 37:5 45:13,17 46:12,18 46:22 47:5,25 48:3,9,11,17,23 48:25 49:6,13 60:2 62:5,7 65:20 65:21 2011 1:17 2:16 5:9 32:12 59:10 68:18 212.310.8238 4:7 22 1:17 2:14 22nd 5:9 24th 68:18 25 20:1 27 46:20 51:23 52:4 3 3 2:15 32:10,21 33:10 34:18 39:24 54:12 55:20 3rd 36:12 30309-3915 4:14 30329 1:24 32 2:15 35 2:17 56:23 37 2:19,21 4 4 2:17 15:15 32:24 35:25 39:24 56:12 57:25 58:11 4/27/209 46:8 40 56:23 44 2:22,24 3:1,3 45 3:5,7,8,11 46 3:9 5 5 2:5,19 37:3 50 14:9 53 3:12 6 6 2:21 19:2 37:24 38:4 678.420.9300 4:14 7 7 2:22 21:2 22:13 23:4 44:23 767 4:6 770 1:24 8 8 2:13,24 22:14 23:4 44:24 46:20 51:22 52:3 58:25 59:3 8320 62:12,17 8480 2:20,21 35:12 35:13 36:3 37:7 45:12,16 9 9 3:1 44:24 Page 9 CAMBRIDGE vs. BECKER JOHN MURPHY 9-11-28 3:19 69:10 955-5252 1:24 999 4:13 SHUGART & BISHOP APRIL 22, 2011