Cambridge University Press et al v. Patton et al

Filing 185

RESPONSE in Opposition to 160 MOTION for Summary Judgment filed by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Statement of Material Facts Plaintiffs' Supplemental Local Rule 56.1 Statement of Facts in Support of Their Motion for Summary Judgment, # 2 Statement of Material Facts Plaintiffs' Response to Defendants' Local Rule Statement of Material Facts to Which There is no Genuine Issue In Support of Their Motion for Summary Judgment, # 3 Exhibit Index to Exhibits, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Errata 16, # 20 Exhibit 17-part 1, # 21 Exhibit 17-part 2, # 22 Exhibit 18, # 23 Exhibit 19, # 24 Exhibit 20, # 25 Exhibit 21, # 26 Exhibit 22, # 27 Exhibit 23)(Rains, John) Modified on 4/6/2010 in order to remove duplicative text (ank).

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION

CAMBRIDGE UNIVERSITY PRESS, OXFORD UNIVERSITY PRESS, INC., and SAGE PUBLICATIONS, INC., Plaintiffs, - v.MARK P. BECKER, in his official capacity as Georgia State University President, et. al. Defendants.

Civil Action No. 1:08-CV-1425-ODE

PLAINTIFFS' SUPPLEMENTAL LOCAL RULE 56.1 STATEMENT OF FACTS IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT Plaintiffs hereby supplement their initial Local Rule 56.1 Statement of Material Facts in Support of Their Motion for Summary Judgment as follows: VII. GSU'S Unauthorized Distribution of Additional Plaintiff Works 270. During the Spring 2010 semester, Professor Youngs is providing digital copies of the 30-page second chapter of Naoko Shimazu's Japanese Society at War: Death, Memory and the Russo-Japanese War on ERes to students in his course "Historical Research" (HIST4990). See Def. Ex. C to SOF,

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Docket No. 160 at 139; Supplemental Responses and Objections to Defendants' First Set of Interrogatories to Plaintiffs ("Supp. Interrog. Resp.") No. 2. 271. Cambridge University Press is the exclusive licensee of the copyright to Japanese Society at War. Supplemental Declaration of Frank Smith, Cambridge University Press (April 2, 2010) ("Smith Supp. Decl.") ¶ 10. Japanese Society at War is a foreign work first published in the United Kingdom and therefore protected under the Berne Convention. Id. ¶ 11. 272. During the Spring 2010 semester, Professor Kocela is providing students in "Don DeLillo" (ENGL8900) with digital copies of "DeLillo and masculinity," by Ruth Helyer, and "DeLillo and mystery," by John McClure, each of which are excerpts from The Cambridge Companion to Don DeLillo, by John Duvall (ed.), on ERes. See Def. Ex. C to SOF, Docket No. 160 at 48; Supp. Interrog. Resp. No. 2. 273. Cambridge University Press owns the copyright to The Cambridge Companion to Don DeLillo and all of the individual contributions that make up the different chapters of this work. Smith Supp. Decl. ¶ 5. The Cambridge Companion to Don DeLillo is a foreign work first published in the United Kingdom and therefore protected under the Berne Convention. Id. ¶ 7.

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274. During the Spring 2010 semester, Professor Hartley is providing digital copies of pages 155-184 of Analyzing Oppression, by Anne E. Cudd, on ERes to students in "Philosophical Perspectives on Women" (PHIL4860); that reading had been accessed 93 times as of February 18, 2010. See Def. Ex. C to SOF, Docket No. 160 at 39; Supp. Interrog. Resp. No. 2. 275. Oxford University Press is the exclusive licensee of the copyright to Analyzing Oppression and this work is registered with the U.S. Copyright Office. Supplemental Declaration of Niko Pfund, Oxford University Press (April 5, 2010) ("Pfund Supp. Decl.") ¶¶ 5-6. 276. During the Spring 2010 semester, Professor Umoja is providing digital copies of pages 15-41 of The First Passage: Blacks in the Americas 15021617, by Colin Palmer, on ERes to students in "Enslavement in the Americas" (AAS4620); that reading had been accessed 38 times as of February 18, 2010. See Def. Ex. C to SOF, Docket No. 160 at 119; Supp. Interrog. Resp. No. 2. 277. Oxford University Press is the exclusive licensee of the copyright to The First Passage and this work is registered with the U.S. Copyright Office in the name of the author. Pfund Supp. Decl. ¶¶ 9-10. 278. During the Spring 2010 semester, Professor Harvey is providing students in Race, Class, and Gender (SOCI8900) with digital copies of
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"Black and White Professional-Managerial Women's Perceptions of Racism and Sexism in the Workplace," by Lynn Weber and Elizabeth S. Higginbotham, which is Chapter 7 of in Women and Work: Exploring Race, Ethnicity and Class (vol. 6), by Elizabeth S. Higginbotham and Mary Romero (eds.), on ERes. See Def. Ex. C to SOF, Docket No. 160 at 80; Supp. Interrog. Resp. No. 2. 279. SAGE Publications is the exclusive licensee of the copyright to Women and Work as well as the contributions which make up the different chapters of this work. Supplemental Declaration of Sara Van Valkenburg, SAGE Publications (April 2, 2010) ¶¶ 5-6. Women and Work is registered with the U.S. Copyright Office in the name of SAGE. Id. ¶ 7. Respectfully submitted this 5th day of April, 2010. /s/John H. Rains IV Edward B. Krugman Georgia Bar No. 429927 John H. Rains IV Georgia Bar No. 556052 BONDURANT, MIXSON & ELMORE, LLP 1201 West Peachtree Street NW Suite 3900 Atlanta, GA 30309 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail]
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R. Bruce Rich (pro hac vice) Randi Singer (pro hac vice) Jonathan Bloom (pro hac vice) Todd D. Larson (pro hac vice) WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York 10153 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE I hereby certify that I have this day filed the foregoing PLAINTIFFS' SUPPLEMENTAL LOCAL RULE 56.1 STATEMENT OF FACTS IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT with the Clerk of Court using the CM/ECF filing system which will automatically send email notification of such filing to the following attorneys of record: Anthony B. Askew, Esq. Stephen M. Schaetzel, Esq. Katrina M. Quicker, Esq. John P. Sheesley, Esq. Kristen A. Swift, Esq. C. Suzanne Johnson, Esq. Laura E. Gary, Esq. King & Spalding 1180 Peachtree Street Atlanta, Georgia 30309 Mary Jo Volkert, Esq. Assistant S. Attorney General 40 Capitol Square Atlanta, Georgia 30334 This 5th day of April, 2010.

/s/ John H. Rains IV John H. Rains IV

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