Cambridge University Press et al v. Patton et al

Filing 304

REPLY BRIEF re 274 MOTION in Limine To Preclude the Admission of Recently Created Fair Use Checklists filed by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rains, John)

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EXHIBIT B 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. ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action File No. 1:08-CV-1425-ODE - - Videotaped deposition of CARRIE PACKWOOD FREEMAN, 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 Thursday, April 21, 2011, commencing at the hour of 3:28 p.m. _______________________________________________________ Shugart & Bishop Certified Court Reporters Suite 140 13 Corporate Square Atlanta, Georgia 30329 (770) 955-5252 EXHIBIT B - 1 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN APRIL 21, 2011 1 relate to photography and so I think it would have been 2 in the week where we talked about like -- maybe week 7 3 or 8 where we're talking about privacy and 4 confidentiality. 5 fallen as a supplemental reading. That's where I think it would have 6 Q. And what do you mean by supplemental? 7 A. Meaning in addition to the chapters that they 8 have to read. 9 any of the chapters, really, but it's something I 10 11 12 Again, even though they're not tested on provide to them as extra context. Q. And so when did you complete this checklist that we see here in Exhibit 3? 13 A. Well, the date on this is November 17th, 2010. 14 Q. Okay. 15 A. This paper copy, yes. 16 Q. And during the -- at the time that you That's when you completed it? 17 submitted your request to the library to have these 18 excerpts placed on the EReserve system, did you complete 19 a checklist? 20 A. Yeah, but not on paper. It's -- it comes up 21 electronically as part of the process the professor goes 22 through. 23 the checklist, is this fair use before you continue and 24 give them the details. 25 You know, it asks you, have you thought about Like I told you, I tend not to print things SHUGART & BISHOP Page 28 EXHIBIT B - 2 CAMBRIDGE vs. BECKER 1 2 CARRIE PACKWOOD FREEMAN APRIL 21, 2011 out that often. Q. So when you say it comes up electronically, 3 was it something that actually looks like this that came 4 up electronically? 5 A. I don't know that it has all these details on 6 it, but you can access that. 7 additional click. What I think is on there is more where you 8 9 I think you have to do an have to check yes I have reviewed the checklist and yes 10 I deem that this is fair use. 11 comes up looking like this with these boxes and all that 12 on the first page. 13 and seen that. 14 Q. Yeah. But I don't think it You've probably gone in the system Let me give you what's been marked 15 previously as Plaintiff's Exhibit 37. And let me ask, 16 is this what you're talking about, the screens that 17 you -- 18 A. Yeah. 19 Q. And I direct your attention specifically to -- 20 I guess it's about the ninth page of the exhibit 21 headlined electronic reserves request form, electronic 22 book. 23 A. What page are you on? 24 Q. Three from the back. 25 MS. QUICKER: Is that 3185 Bates range, SHUGART & BISHOP Page 29 EXHIBIT B - 3 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN APRIL 21, 2011 is that what we're talking about? 1 MR. LARSON: 2 I think it's 31385 3 although it's a little cut off so -- yes, 4 yeah, because the next one is 31386. THE WITNESS: It's after electronic 5 article and before electronic notes? 6 7 8 BY MR. LARSON: Q. That's correct. Yeah. Is this -- You'll see there, it's a little hard to read, 9 10 but in the middle section there's a sort of check box 11 that says it falls under fair use according to the fair 12 use checklist I completed? 13 A. Yeah, I think they've changed -- yes, I think 14 they've changed the format where now it comes up before 15 you get to this page, because I'm kind of remembering 16 what it does recently. But yes, this is generally the format. 17 But I 18 think the fair use checklist now comes at an earlier 19 stage. 20 Q. But yeah. So at the time when you submitted your request 21 back in 2009 for the Bugeja excerpt, did you actually 22 click or view the checklist itself? 23 A. I don't remember if I did that for this 24 particular book. It's possible, and I don't remember, I 25 might -- I had another class at the time, a media theory SHUGART & BISHOP Page 30 EXHIBIT B - 4 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN APRIL 21, 2011 1 class, it's possible that I had something else that I 2 was also putting on EReserve and you might look at the 3 checklist once to refresh your memory and then think 4 about the multiple things you're working with and making 5 sure they're in compliance before you move forward, so I 6 don't recall. 7 Q. Okay. And so I take it then you don't recall 8 at the time at least going through each specific 9 subfactor that we see on Exhibit 3 to determine whether 10 or not it applied to the Bugeja excerpt? MS. QUICKER: Objection. 11 Asked and answered. 12 13 THE WITNESS: I don't recall clicking on 14 that link and looking at that in context of 15 this particular book. 16 BY MR. LARSON: 17 Q. Okay. 18 A. But I may have done that. 19 20 But I just don't remember because it's been a couple years. Q. Understood. And so on November 17th, the date 21 on Exhibit 3, when you completed the checklist or worked 22 through it, what were you doing then when you did it? 23 A. I think I had received an e-mail from our 24 legal department that was asking about this probably in 25 context of this case, and so wanting us to kind of go SHUGART & BISHOP Page 31 EXHIBIT B - 5 CAMBRIDGE vs. BECKER 1 4 APRIL 21, 2011 back and have a paper record of things. So that's why I did it in November 17th, 2010. 2 3 CARRIE PACKWOOD FREEMAN Normally you would never obviously go back. Q. And so in what we see in Exhibit 3 then is 5 your analysis of the checklist that you did on November 6 17th? 7 A. Yes, right. 8 Q. And just to be clear, it's not you attempting 9 10 11 to remember what you specifically did back in 2009 when you used the work, correct? A. I probably have similar evaluation skills, so 12 it's probably similar. But it also, it's me looking at 13 it in November 17th, 2010 according to the checklist and 14 saying, okay, these were the pages I used, you know, do 15 I think they're in compliance and in what way, what's my 16 rationale for that. So -- 17 Q. What's your rationale on November 17th, 2010? 18 A. Yes. 19 And I hope it would be similar to my thinking back a year prior. 20 Q. But you're not sure? 21 A. Yeah, I don't know. 22 Q. Is this the only checklist that you filled out 23 in last November? 24 A. I can't remember if they gave me another one. 25 Q. And when you -- in your current use of the SHUGART & BISHOP Page 32 EXHIBIT B - 6

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