Cambridge University Press et al v. Patton et al

Filing 290

RESPONSE in Opposition re 274 MOTION in Limine To Preclude the Admission of Recently Created Fair Use Checklists filed by J. L. Albert, Mark P. Becker, Kenneth R. Bernard, Jr, Larry R. Ellis, Rutledge A. Griffin, Jr, Robert F. Hatcher, C. Thomas Hopkins, Jr, W. Mansfield Jennings, Jr, James R. Jolly, Donald M. Leebern, Jr, William NeSmith, Jr, Risa Palm, Doreen Stiles Poitevint, Willis J. Potts, Jr, Neil L. Pruitt, Jr, Wanda Yancey Rodwell, Nancy Seamans, Kessel Stelling, Jr, Benjamin J. Tarbutton, III, Richard L. Tucker, Larry Walker, Philip A. Wilheit, Sr. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Bates, Mary)

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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 Ann C. Kruger, Ph.D. 1 2 3 4 5 6 7 8 9 10 11 APPEARANCES OF COUNSEL On behalf of the Plaintiffs: WEIL, GOTSHAL & MANGES JONATHAN BLOOM, ESQ. 767 Fifth Avenue New York, New York 10153 212.310.8775 212.310.8007 Fax On behalf of the Defendants: KING & SPALDING LLP NATASHA HORNE MOFFITT, ESQ. 1180 Peachtree Street, N.E. Atlanta, Georgia 30309-3521 404.572.2783 404.572.5134 Fax 12 13 14 15 16 17 18 19 20 21 22 23 24 25 April 22, 2011 2 Also Present: Henry Stewart, Videographer 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 Ann C. Kruger, Ph.D. April 22, 2011 24 1 It, therefore, has to be printed out in order to 2 save. There's no other way to save it. 3 4 5 So I printed it out and saved it, but I could not put my hands on it. Q. Why did you fill out this checklist back 6 in the fall of 2009 when you completed the original 7 version? 8 9 A. It's part of the procedure that we undertake when we are creating Ereserves to complete 10 a checklist for each item that we want to put on 11 Ereserves. 12 13 Q. And is that pursuant to any kind of directive or policy? 14 A. It's a policy. 15 Q. And when you re-created this checklist, It's a requirement. 16 TX-2, Kruger TX-2, did you make an effort to fill it 17 out in the same way that you filled it out prior to 18 your fall 2009 -- 19 A. I did. 20 Q. -- course? 21 A. I did. 22 Q. And when you originally filled out the 23 checklist in the fall of 2009 timeframe, did you make 24 a good-faith effort to conduct a fair use analysis in 25 accordance with the checklist?

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