Cambridge University Press et al v. Patton et al

Filing 266

NOTICE of Joint Filing Concerning Allegations of Infringement at GSU in Response to 265 Court Order by J. L. Albert, Mark P. Becker, Kenneth R. Bernard, Jr, James A. Bishop, Cambridge University Press, Frederick E. Cooper, Larry R. Ellis, Robert F. Hatcher, Felton Jenkins, W. Mansfield Jennings, Jr, James R. Jolly, Donald M. Leebern, Jr, William NeSmith, Jr, Oxford University Press, Inc., Risa Palm, Doreen Stiles Poitevint, Willis J. Potts, Jr, Wanda Yancey Rodwell, Sage Publications, Inc., Nancy Seamans, Kessel Stelling, Jr, Benjamin J. Tarbutton, III, Richard L. Tucker, Allan Vigil, Larry Walker (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rains, John) Modified on 3/16/2011 in order to update docket text (ank).

Cambridge University Press et al v. Patton et al

Doc. 266

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

CAMBRIDGE UNIVERSITY PRESS, OXFORD UNIVERSITY PRESS, INC., and SAGE PUBLICATIONS, INC., Civil Action No. 1:08-CV-1425-ODE Plaintiffs, ­ vs. ­ MARK P. BECKER, in his official capacity as Georgia State University President, et al., Defendants.

JOINT FILING CONCERNING ALLEGATIONS OF INFRINGEMENT AT GSU IN RESPONSE TO COURT'S NOVEMBER 5, 2010 AND MARCH 4, 2011 ORDERS Plaintiffs Cambridge University Press, Oxford University Press, Inc., and SAGE Publications, Inc. (collectively, "Plaintiffs"), and Defendants Mark P. Becker, et al. ("Defendants") hereby comply with the Court's November 5, 2010 and March 4, 2011 Orders requiring the parties to submit a joint filing detailing alleged infringements at Georgia State University during the 2009 Maymester, Summer 2009, and Fall 2009 terms. In this regard, the parties offer the following by way of explanation.

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Dockets.Justia.com

1.

The parties have created, and provide herewith, three charts ­

one each for the 2009 Maymester (Exhibit A), the 2009 Summer term (Exhibit B), and the 2009 Fall term (Exhibit C) ­ which set forth the requested information as fully and accurately as possible, organized alphabetically by course number. 2. The columns on the chart include the following: The information in the "course title" column identifies the subject course; The information in the "instructor" column identifies the professor of the identified course; The information in the "title of work" column identifies the Plaintiff work from which an excerpt was made available to GSU students in electronic or digital format via GSU's electronic reserves system ("ERes") or uLearn; The information in the "Copyright Owner" column identifies the party that Plaintiffs contend is the owner or licensee of the copyright for the identified work1; The information in the "description" column includes Plaintiffs' brief description of the work, including Plaintiffs' contention of the total number of pages and chapters (excluding front matter such as tables of

Defendants do not agree that a licensee is a "copyright owner" or necessarily a proper party plaintiff.
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contents and excluding end matter such as indices or glossaries)2; The information in the next three columns indicates Plaintiffs' contentions regarding the number of chapters, page range, and number of pages of the work that were made available to GSU students in that class for use in that course during that term; The information in the "Percent Copied" column represents Plaintiffs' calculation of the percentage of the work that was copied and made available to GSU students in that class for use in that course during that semester; The information in the "retail list price" column indicates the publisher's suggested retail price of the work at the time the work was used, i.e., the maximum a student would have had to pay to purchase the entire work new if that full suggested retail price were charged by the retailer; The information in the "Licensing Cost Per Student" column identifies the cost of licensing the excerpt through the Copyright Clearance Center for use in electronic reserves. The column identifies the cost per student to license the excerpt for distribution in that course; The information in the "Class Size" column identifies the number of students that were enrolled in the identified course and, beneath that number, the amount that it would have cost to license the excerpt for a class of that size (including a $3.00 transaction fee);

2

Defendants assert that the entire work, as evidenced by the deposit copy, constitutes the total number of pages in the work.

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The information in the "copyright registration number" column identifies the registration number for those works that are registered with the U.S. Copyright Office or for those works that were first published in the United Kingdom (by at least 30 days), provides Plaintiff's contention that the subject work is a "foreign work not requiring registration (17 U.S.C § 411(a))" under the Berne Convention that need not be registered with the U.S. Copyright Office; The "Objection" column sets forth Defendant's objections to the information specified by the plaintiff in the preceding columns;3 and The "Books Required to be Purchased" column provides Defendants' contention of the books that were required to be purchased by students for the subject course.

3.

The parties have also created, pursuant to the Court's request

during the November 5, 2010 Scheduling Conference, one-page summaries of each entry that appears on these charts (Exhibit D). These summaries reflect the information identified on the charts. These documents are provided by the parties in response to the Court's direction and are not intended and do not supplant the parties' positions and defenses to the opposing parties' allegations.

3

Plaintiffs' responses to Defendants' objections are set forth in Exhibit D.

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Respectfully submitted this 15th day of March, 2011.

/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 [phone] 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 Attorneys for the Plaintiffs

/s/ Kristen A. Swift (with express permission) Anthony B. Askew Georgia Bar No. 025300 Special Assistant Attorney General Stephen M. Schaetzel Georgia Bar No. 628653 Kristen A. Swift Georgia Bar No. 702536 C. Suzanne Johnson
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Georgia Bar No. 321398 KING & SPALDING, LLP 1180 Peachtree Street Atlanta, Georgia 30309

Kristina M. Quicker Georgia Bar No. 590859 BALLARD SPAHR, LLP 999 Peachtree Street, Suite 1000 Atlanta, GA 30309

Attorneys for the Defendants

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CERTIFICATE OF COMPLIANCE Pursuant to Local Rule 7.1(D), I hereby certify that this document complies with the font and point selections set forth in Local Rule 5.1. This document was prepared in Times New Roman 14 point font. /s/ John H. Rains IV John H. Rains IV

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CERTIFICATE OF SERVICE I hereby certify that I have this day filed the foregoing JOINT FILING CONCERNING ALLEGATIONS OF INFRINGEMENT AT GSU IN RESPONSE TO COURT'S NOVEMBER 5, 2010 AND MARCH 4, 2011 ORDERS with the Clerk of Court using the CM/ECF filing system which will automatically send e-mail notification of such filing to the following attorneys of record: Anthony B. Askew, Esq. Stephen M. Schaetzel, Esq. Kristen A. Swift, Esq. C. Suzanne Johnson, Esq. King & Spalding 1180 Peachtree Street Atlanta, Georgia 30309 Kristina M. Quicker, Esq. BALLARD SPAHR, LLP 999 Peachtree Street, Suite 1000 Atlanta, GA 30309 Mary Jo Volkert, Esq. Assistant S. Attorney General 40 Capitol Square Atlanta, Georgia 30334

This 15th day of March, 2011.

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