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)

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.

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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
[phone]

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

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could have -- one of the hits could be

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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

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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

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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

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six weeks or a month ago, what were you attempting to

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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