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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E X H I B I T J 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 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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