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 C 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 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 C - 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 C - 2 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 C - 3

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