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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Ann C. Kruger, Ph.D.

April 22, 2011
1

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CAMBRIDGE UNIVERSITY
PRESS, OXFORD UNIVERSITY
PRESS, INC., and SAGE
PUBLICATIONS, INC.,
Plaintiffs,

CIVIL ACTION FILE
NO. 1:08-CV-1425-ODE

vs.
MARK P. BECKER, in his
official capacity as
Georgia State University
President, et al.,
Defendants.
~~~~~~~~~~~~~~~~~~~~~~~~~~

VIDEOTAPE DEPOSITION OF
ANN CALE KRUGER, Ph.D.

April 22, 2011
2:56 p.m.

Conference Room 16-K
1180 Peachtree Street, N.E.
Atlanta, Georgia
S. Julie Friedman, CCR-B-1476

EXHIBIT K - 1

Ann C. Kruger, Ph.D.

April 22, 2011
23

1
2

Q.

The date on this particular checklist,

Kruger TX-2, is fall 2009.

Do you see that?

3

A.

I do.

4

Q.

Did you complete a version of this

5

checklist in the fall of 2009?

6

A.

I did.

7

Q.

With respect to the specific copy, Kruger

8

TX-2, dated fall 2009, is this a copy of your

9

original checklist?

10

A.

No.

11

Q.

Can you explain.

12

Is this a --

Is it a

re-creation of your original checklist?

13

A.

It is.

14

Q.

And why did you re-create your original

15

checklist?

16
17
18
19

A.

Excuse me.

I could not locate my printed

copy.
Q.

Did you believe you kept a printed copy of

the checklist?

20

A.

I did.

21

Q.

What --

22

belief?

23

A.

What is the basis for your

It's my practice to complete the checklist

24

on my computer.

25

have doesn't allow me to save it as a completed form.

However, the version of Adobe that I

EXHIBIT K - 2

Ann C. Kruger, Ph.D.

April 22, 2011
79

1

MS. MOFFITT:

Same objection.

2

THE WITNESS:

On Page 6 of the syllabus,

3

it indicates, "All required readings are

4

available online through GSU eReserves."

5

Q.

(By Mr. Bloom)

Okay.

Let me just go back

6

and ask you the same question with respect to Kruger

7

TX-1, which is the fall of 2008 syllabus.

8

MS. MOFFITT:

Same objection.

9

THE WITNESS:

Page 6 of that syllabus

10

indicates that all the readings were available

11

through Ereserves.

12

Q.

(By Mr. Bloom)

Okay.

Now, Dr. Kruger,

13

you testified that the fair use checklists that we --

14

that Miss Moffitt asked you about were re-created --

15

A.

Uh-huh.

16

Q.

-- is that correct?

17

A.

That's right.

18

Q.

Because you couldn't locate the checklists

19

that you completed in 2009, correct?

20

A.

Right.

21

Q.

Okay.

Are you certain sitting here today

22

that the re-created checklists are identical to the

23

original checklists that you completed and could not

24

locate?

25

A.

I can't confirm that they are identical.

EXHIBIT K - 3