Cambridge University Press et al v. Patton et al

Filing 301

REPLY to Response to Motion re 272 MOTION in Limine IRRELEVANT EVIDENCE IN ACCORDANCE WITH ORDER OF SEPTEMBER 30, 2010 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 Errata D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Bates, Mary)

EXHIBIT B

1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

CAMBRIDGE UNIVERSITY
PRESS, et al.,
Plaintiffs,

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

Civil Action File
No. 1:08-CV-1425-ODE

- - Videotaped deposition of N. LEE ORR, Ph.D.,
taken on behalf of the plaintiffs, pursuant to the
stipulations contained herein, before Teresa Bishop,
RPR, RMR, CCR No. B-307, at 104 Marietta Street, SB-2
Conference Room, Atlanta, Georgia, on Friday, February
4, 2011, commencing at the hour of 12:66 p.m.
_______________________________________________________

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

SHUGART & BISHOP

32
1
2

Q.

personal study applied.

3
4
5
6

You checked personal study or determined that

Tell me what your thinking was there?
A.

Yes, that each one of them has to study it on

their own outside of class.
Q.

And you checked use or determined that use is

7

necessary to achieve your intended educational purpose

8

applied.

9
10
11

Tell me why you determined or thought that
that applied?
A.

Because in class we don't have enough time to

12

go into that detail of understanding the sonata, so we

13

talk about the important things and then they can read

14

that further in their reading.

15
16

Q.

And so you viewed the reading as necessary to

achieve your --

17

A.

Yes.

18

Q.

Your purpose?

19

A.

Yes.

20

Q.

Would you have assigned a reading that was not

21
22

necessary to achieve your educational purpose?
A.

At times as the semester goes on and we run

23

out of time, I take things off required reading.

24

of them are necessary.

25

They just may not have to read them all.

Most

Any ones I pick are necessary.

SHUGART & BISHOP

33
1

Q.

Because of time concerns?

2

A.

Uh-huh.

3

Q.

The six factors here, six sub factors that you

4

just identified as applying to this particular excerpt,

5

is it the case that when you've gone through this

6

exercise of looking at the checklist with respect to

7

your other works that you've used, that you've

8

determined that those same six apply in all those other

9

instances as well?

10

A.

Yes, the ones I pick.

11

Q.

And in the weighs against fair use column with

12

respect to this list, excerpt we're looking at, when you

13

filled out the checklist or when you looked at the

14

checklist at the time you wanted to use that work, did

15

you determine that any of the factors on that side, the

16

right hand side applied?

17

A.

Yes, the nontransformative.

18

Q.

Any others?

19

A.

No.

20

Q.

And in looking at the checklist in relation to

21

any of the other works that you've used on EReserves, do

22

you recall for any of those other works ever determining

23

that any of these other factors in the weighs against

24

fair use column applied to the other works?

25

A.

No.

SHUGART & BISHOP