Cambridge University Press et al v. Patton et al
Filing
274
MOTION in Limine To Preclude the Admission of Recently Created Fair Use Checklistsby Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(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.
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Civil Action File
No. 1:08-CV-1425-ODE
- - Videotaped deposition of KAREN PETRUSKA, taken
on behalf of the plaintiffs, pursuant to the
stipulations contained herein, before Teresa Bishop,
RPR, RMR, CCR No. B-307, at 104 Marietta Street, Room 6,
Atlanta, Georgia, on Thursday, April 14, 2011,
commencing at the hour of 1:47 p.m.
_______________________________________________________
Shugart & Bishop
Certified Court Reporters
Suite 140
13 Corporate Square
Atlanta, Georgia 30329
(770) 955-5252
EXHIBIT J - 1
CAMBRIDGE vs. BECKER
1
2
3
Q.
KAREN PETRUSKA
APRIL 14, 2011
So you based on the screens determined that it
was a fair use?
A.
I explained to them why I believed it was fair
4
use, why based on the questions I was asked I said yes
5
or no to things.
6
Q.
And so then you actually filled out the form
7
that we have in front of us as Petruska 3 at some point
8
last year at the request of counsel?
9
10
11
A.
Yes.
Yes.
Because the system did not
generate it for me.
Q.
Okay.
So when you -- going back to August of
12
2009 when you went through that process, was the only
13
sort of paper result or printed result of that the
14
document you described before that listed all the --
15
A.
It's the one I have.
16
it's the one I have.
17
That's all I can say,
I don't recall if I was given
other options that I did not --
18
Q.
And the one you have is that list --
19
A.
Yes.
20
Q.
-- of other things you requested and an
21
indication that you believed them to be fair use?
22
A.
Yes, that's the documentation I have.
23
Q.
So tell me when you filled out Petruska 3,
24
were you deciding what boxes to check attempting to
25
remember what you had done before or were you basically
SHUGART & BISHOP
Page 30
EXHIBIT J - 2
CAMBRIDGE vs. BECKER
1
KAREN PETRUSKA
APRIL 14, 2011
filling it out as you analyzed it as you were doing it?
2
A.
I was trying to remember what I did before.
3
Q.
And let me just make sure I understand.
I
4
think you said what you've done before didn't involve
5
this checklist?
6
A.
I do not know that that is true.
7
Q.
Okay.
8
A.
I can't say that it did not involve this
9
checklist.
There's a series of screens, they may have
10
included every single question right here.
11
recall today.
12
Q.
I don't
So I take it you don't know for sure then
13
whether what you did when you filled out Petruska
14
Exhibit 3 is in fact identical to what you filled out
15
back in August of 2009?
16
A.
Right.
Based on my recollection, I cannot.
17
Q.
And when you filled out Petruska 3, were there
18
any instances where you said, you know, where you felt
19
that -- strike that.
When you filled out the checklist here in
20
21
Exhibit 3, were there any instances where you checked a
22
box in filling it out that you hadn't checked back in
23
August of 2009?
24
A.
I do not know.
25
Q.
And when you did this, when you filled out
SHUGART & BISHOP
Page 31
EXHIBIT J - 3
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