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 JOHN M. MURPHY, taken
on behalf of the plaintiffs, pursuant to the
stipulations contained herein, before Teresa Bishop,
RPR, RMR, CCR No. B-307, at 1180 Peachtree Street, 16th
Floor, Atlanta, Georgia, on Friday, April 22, 2011,
commencing at the hour of 10:03 a.m.
_______________________________________________________

Shugart & Bishop
Certified Court Reporters
Suite 140
13 Corporate Square
Atlanta, Georgia 30329
[phone]

EXHIBIT G - 1

CAMBRIDGE vs. BECKER

1

JOHN MURPHY

APRIL 22, 2011

as to why there are hits reflected on this document?

2

MS. QUICKER: Objection.

Foundation.

3

THE WITNESS: I really have no idea

4

about the definition of a hit in this case.

5

For example, I might have accessed -- I

6

could have -- one of the hits could be

7

mine.

8
9
10
11

I don't know.

BY MR. BLOOM:
Q.

Do you have a recollection of personally

accessing those materials on ERes during this semester?
A.

I remember thinking, oh, this is a pretty cool

12

accessibility, and I very likely accessed a couple just

13

to see what it was like and see what they would look

14

like.

15

Q.

And prior to placing these materials on ERes,

16

did you fill out the fair use checklist for each

17

reading?

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19
20

A.

When you said fill out, I'm not sure.

I don't

remember.
Q.

I'll get to that in a moment.

Let me just

21

direct your attention briefly to the second page of the

22

syllabus.

23

A.

Uh-huh.

24

Q.

Specifically to items 3 and 4 under the

25

required text.

SHUGART & BISHOP
Page 39

EXHIBIT G - 2

CAMBRIDGE vs. BECKER

JOHN MURPHY

APRIL 22, 2011

1

varies from the original source, but it is something

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that they use as an inspiration and for ideas for what

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to do in the classroom.
So the reason I use these books is it provides

4
5

students with a starting point and then they implement

6

language activities based upon ideas presented in those

7

texts.

8

Q.

9
10

Okay.

So you regard that text as a tool for

purposes of this course?
A.

Yeah.
MR. BLOOM:

11

Okay.

Why don't we go off

12

the record.

13

we'll have our last little portion of the

14

examination thereafter.
THE VIDEOGRAPHER:

15

(Brief recess.)

17

THE VIDEOGRAPHER:

18

This is tape 2.

We're back on the video record at 11:12.

19

21

Off the video record

at 11:01.

16

20

We'll change the tape and then

BY MR. BLOOM:
Q.

Professor Murphy, I'm going to show you a

22

series of documents.

First one is Murphy Plaintiff's

23

Exhibit 7.

24

Exhibit 8, Murphy Plaintiff's Exhibit 9, Murphy

25

Plaintiff's Exhibit 10, Murphy Plaintiff's Exhibit 11,

And Murphy -- sorry.

Murphy Plaintiff's

SHUGART & BISHOP
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EXHIBIT G - 3

CAMBRIDGE vs. BECKER

JOHN MURPHY

APRIL 22, 2011

1

Murphy Plaintiff's Exhibit 12, Murphy Plaintiff's

2

Exhibit 13, Murphy Plaintiff's Exhibit 14 and Murphy

3

Plaintiff's Exhibit 15.

4

Professor Murphy, I just ask you to look at

5

these documents and tell me if these appear to be --

6

well, why don't you tell me what these are.

7

A.

So it's titled fair use checklist and there

8

seems to be one for however many texts are here, I think

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you said nine earlier.

10
11

Right.

So there's nine separate

ones.
Q.

And do these correspond to the readings that

12

you placed on EReserve for the course AL 8480 from

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Maymester 2009?

14

A.

You said do they correspond to the what?

15

Q.

Do they correspond to the readings that you

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placed on EReserves for the course AL 8480 in the

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Maymester 2009?

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19

A.

The readings, I would use the word

supplemental readings.

20

Q.

With that modification --

21

A.

Yes.

22

Q.

-- is that what they are?

When did you complete these checklists?

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24
25

Okay.

A.

Yeah, what we're looking at is the checklists

as I completed them when I was at the TCEA conference in

SHUGART & BISHOP
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EXHIBIT G - 4

CAMBRIDGE vs. BECKER

JOHN MURPHY

APRIL 22, 2011

1

New Orleans about -- I don't know if it was six weeks

2

ago or a month ago.

3
4

Q.

Okay.

You see there's a date on -- I'm

looking at the first one.

5

A.

Right.

6

Q.

There's a date that says drop off date?

7

A.

Uh-huh.

8

Q.

4/27/209.

9

A.

Yes.

10

Q.

What does that refer to?

11

A.

That refers to my best estimate of when I

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13
14
15
16
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Do you see that?

dropped them off with EReserves in 2009.
Q.

And when you say them, what do you mean,

dropped them off?
A.

Oh, dropped the excerpts from these various

books to EReserves.
Q.

Okay.

And prior -- strike that.

In 2009 did you fill out a fair use checklist

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19

for -- let's talk about this reading, "Pronunciation

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Games" pages 8 to 27.

21

A.

Your question was did I --

22

Q.

Back in 2009 before this reading was placed on

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24
25

EReserves, did you fill out a fair use checklist?
A.

I'm only paying attention right there to the

word fill out.

I remember --

SHUGART & BISHOP
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EXHIBIT G - 5

CAMBRIDGE vs. BECKER

JOHN MURPHY

1

A.

I don't remember if they asked me that.

2

Q.

Okay.

APRIL 22, 2011

Did you prior to your placing this

3

reading on EReserves in 2009, did you refer to the fair

4

use checklist?

5

A.

Yes.

6

Q.

Did you fill in the boxes in the fair use

7

checklist at that time?
A.

8
9

I don't remember specifically what the

procedure was in 2009.
Q.

10
11

In other words, let me --

So you don't remember physically completing a

checklist in 2009, is that right?

12

A.

I don't remember that.

13

Q.

Okay.

14

A.

Is it possible, yes.

15

Q.

Do you recall analyzing this reading in

Is it possible that you did?

16

accordance with the criteria that are listed on the

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checklist back in 2009?

18

A.

I recall examining the checklist.

19

Q.

Okay.

And when you completed this document

20

six weeks or a month ago, what were you attempting to

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do?

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23
24
25

A.

I was attempting to complete it as I would

have completed it in 2009.
Q.

Okay.

And in doing so, did you have any

specific recollection of what you did back in 2009?

SHUGART & BISHOP
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EXHIBIT G - 6

CAMBRIDGE vs. BECKER

1

JOHN MURPHY

APRIL 22, 2011

so it's the "Keep Talking" text.

2

Q.

And what are you referring to specifically on

3

Exhibit 8?

4

A.

Yeah, that's -- my testimony is that I believe

5

that I handled those -- I think it was three actually,

6

there were four in the course but I think three are

7

included here of the ones that were required for

8

students to purchase that they owned a copy of, and I

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believe I handled them differently when I filled out

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this checklist in retrospect in 2011 knowing that when

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the course was offered these were materials that

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students actually owned.

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that they were on EReserves.

So it was kind of a moot point

Now that I'm looking at them I'm not noticing

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15

that they were handled differently.

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checked all the same items for those as well.

17

Q.

Okay.

I seem to have

Looking at these nine documents, is

18

there any difference in your thinking about fair use in

19

connection with any of these readings that you would

20

identify from one to the other, other than what you just

21

mentioned?

22

A.

I don't think so.

23

Q.

Okay.

24
25

So you concluded that each of these

nine readings was fair use, is that correct?
A.

Yes.

SHUGART & BISHOP
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EXHIBIT G - 7