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 L 1 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 No. 1:08-CV-1425-ODE -v.MARK P. BECKER, in his official capacity as Georgia State University President, et al., Defendants. _______________________________/ Videotaped deposition of DENIS CHARLES GAINTY, Ph.D., taken on behalf of the defendants, pursuant to the stipulations contained herein, before Carole E. Poss, RDR, CRR, Certified Court Reporter, at 1180 Peachtree Street, NE, Atlanta, Georgia, on the 20th day of April, 2011, commencing at the hour of 10:13 a.m. _______________________________________________________ SHUGART & BISHOP Certified Court Reporters 13 Corporate Square Suite 140 Atlanta, Georgia 30329 (770) 955-5252 EXHIBIT L - 1 CAMBRIDGE vs. BECKER DENIS GAINTY APRIL 20, 2011 21 1 to complete a fair use checklist to determine whether 2 the reading that we're requesting may fairly be used. 3 Q And in connection with this particular work, 4 "Sino-Korean Tributary Relations Under the Ming," did 5 you complete a fair use checklist prior to requesting 6 that this work be loaded into e-res? 7 A MS. MOFFITT: 8 9 12 13 Can I have you mark this document Gainty TX 2? (Defendants' Exhibit Gainty TX 2 marked for 10 11 I believe I did. identification.) BY MS. MOFFITT: Q Professor Gainty, the court reporter has 14 handed you what's been marked as Gainty TX 2. 15 Do you recognize this document? 16 A I do. 17 Q And what is it? 18 A This is a fair use checklist that I completed 19 for -- although it's very hard to read, unfortunately, 20 on this copy, but it -- as I make it out, for the work 21 "Sino-Korean Tributary Relations Under the Ming." 22 Q And given that this particular checklist 23 appears to be somewhat illegible, are you able to 24 ascertain from other information contained in this 25 checklist that it is, in fact, the checklist related to SHUGART & BISHOP EXHIBIT L - 2 CAMBRIDGE vs. BECKER DENIS GAINTY APRIL 20, 2011 22 1 that particular work? 2 A Yes. 3 Q What informs you on this checklist that this 4 checklist, in particular, relates to that particular 5 work? 6 A I can read my name, the name of the course, 7 the author and publisher and portions to be used, the 8 page numbers. 9 Q When -- did you fill out this checklist? 10 A I did. 11 Q When did you fill out this fair use 12 13 14 15 16 All of those match the work in question. checklist? A I filled out this fair use checklist in the last few months. Q Now, in the upper right-hand corner it's dated August 1, 2009. Do you see that? 17 A Yes. 18 Q What does that date reflect? 19 A I tried, as best I could, to the best of my 20 ability, to recreate the fair use checklist that I 21 would have filled out and I believe I did fill out for 22 the fall 2009 semester. 23 24 25 Q You stated that you recreated the checklist. Can you explain why you recreated the checklist? A I did not have any longer a copy of the fair SHUGART & BISHOP EXHIBIT L - 3

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