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
(770) 955-5252
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?
18
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
2
that they use as an inspiration and for ideas for what
3
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
Page 44
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
9
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
13
Maymester 2009?
14
A.
You said do they correspond to the what?
15
Q.
Do they correspond to the readings that you
16
placed on EReserves for the course AL 8480 in the
17
Maymester 2009?
18
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?
23
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
Page 45
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
12
13
14
15
16
17
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
18
19
for -- let's talk about this reading, "Pronunciation
20
Games" pages 8 to 27.
21
A.
Your question was did I --
22
Q.
Back in 2009 before this reading was placed on
23
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
Page 46
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
17
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
21
do?
22
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
Page 48
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
9
believe I handled them differently when I filled out
10
this checklist in retrospect in 2011 knowing that when
11
the course was offered these were materials that
12
students actually owned.
13
that they were on EReserves.
So it was kind of a moot point
Now that I'm looking at them I'm not noticing
14
15
that they were handled differently.
16
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
Page 59
EXHIBIT G - 7
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