Cambridge University Press et al v. Patton et al

Filing 316

DEPOSITION of Mark P. Becker, Ph.D. taken on April 22, 2011 by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Rains, John)

E
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8

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DWISION

CAMBRIDGE UNIVERSITY PRESS
OXFORD UNWERSITY PRESS INC
and SAGE PUBLICATIONS INC

No

Civil Action

08-C V-1425-ODE
Plaintiffs

-vs

MARK

BECKER in

his official

Georgia State University

President

as

capacity
et

al

Defendants

DEFENDANTS OBJECTIONS AND RESPONSES TO
FIRST SET OF REOUESTS FOR ADMISSION

PLAINTIFFS
Defendants

et

President

Requests

al

MARK

BECKER

collectively

for Admission

in

his

Defendants

First Requests

for

official

capacity

and

respond

Admission

as

object

Georgia

to

State

Plaintiffs

University

Set

First

of

as follows

GENERAL OBJECTIONS
Defendants

disclosure of information

between

which

attorney and client

Defendants

identification

hearing

or

of documents

trial

or which

theories of counsel

to

object

the First

reflect

or constitute

Privilege

object

to

which

constitute

for Defendants

Requests

for Admission

in full

to the extent

or in part privileged

call

they

for

communications

Objection

the First Requests

for Admission

have been prepared

mental

the

Work

Product

either

in

to the extent

anticipation

impressions conclusions

Objection

417942.1

Exhibit 8 - 1

of

call

they

litigation

opinions

or

for

or for

legal

Defendants object

information

which

information

calculated

to

possession

is

not

custody

not

within

relevant

or

control

or

are

this

action

Defendants

action

this

call

or

and are not

object

which

is

available

so

equally

in

they

further

to

information

for

the First Requests

to

inclusive

of information

call

or

which

Defendants object

indefinite

of

matter

the extent

of discovery

scope

call

they

Defendants

of

to

or

uncertain

for

extensive

for

would

or undue burden or expense

oppression

vague

subject

to

not

for

reasonably

to

the

First

within

the

Defendants

and

Objection

broad or overly

identification

the

extent

Defendants object

overly

applicable

Admission

for

Requests

the

to

the

to

First

of admissible evidence

discovery

Admission

Scope

Plaintiffs

is

lead to

for

Requests

which

the

to

Admission

research

Defendants

subject

to

the extent

annoyance

they

information

investigation

to

that

are

or

embarrassment

Burden Objection

the First Requests

and

ambiguous

Admission

for

be

cannot

to

the extent

that

are

Vague

answered

reasonably

they

Objection
Defendants object

purport to

Rules

of

impose obligations

Civil

any

way waiving

intending

to

the

First

Requests

for

from or exceeding

different

Admission

to

the extent

they

seek

or

the

obligations

imposed by the Federal

for

Admission

is

Procedure

Defendants

in

to

or

response

to

the First Requests

intending

to

waive

but

rather

to

the

contrary

hereby

by

made

without

preserving

and

preserve

All questions

evidence

for

as to

any purpose

the

competence

of the information

relevance

materiality

or documents

417942

Exhibit 8 - 2

and admissibility as

or the subject

matter

thereof

any aspect of

in

action

this

or any other action

or administrative

or judicial

proceeding

or

information

or

investigation

The

or the

documents

The

information

any time

at

have

believed

further

or expected

Admission

because

in

action

as

investigation

information

these

overly

the

or identification

this

or

Becker

in

to

response

search

this

other request

or any

the

that

responsive

is

object

or

oppression

inclusive

or

to

the

First

undue

call

to

take

Requests

for

burden

or

extensive

for

to

reasonably

Defendants

seek

Plaintiffs

Defendants

overly

information

information

for

responsive

expense

research

of information

RESPONSES TO FIRST REQUESTS
Requests for Mark

or any other action

response

where

annoyance

broad

action

this

and

extent

requests

to

further

reasonable

locations

To

Defendants

are

requests

any

supplement

those

to

responding

for

conducted

be located

to

subjecting

such

in

searching

to

such

or investigation

of documents

or production

right

by

any time

of any

use

any aspect of

in

thereof

the

to

ground

any

proceeding

at

object

Defendants

requests

on

matter

subject

to

right

The

these

object

or administrative

or judicial

for

to

right

his official

capacity

as

FOR ADMISSION
GSU

President

hereinafter President

Becker

REQUEST FOR ADMISSION NO
State University

administrative

Statutes

President

Becker

Admit

is

that

pursuant

to

Article II

the head of the University

officer

417942.1

Exhibit 8 - 3

and

its

of

chief

the

Georgia

RESPONSE
Subject

to

Defendants

General

Objections Defendant admits

REQUEST FOR ADMISSION NO.2
authority

over the administrators

Technology

of the

Admit

GSU

that

Library

request

has

Becker

President

and the

this

GSU

Information

supervisory

Systems and

department

RESPONSE
Subject

to

Defendants

General

Objections Defendant admits

REQUEST FOR ADMISSION NO.3
order that

copyrighted

compliance with

University

works may be

distributed

by

the State

court-ordered

or

Admit

that

President

at

electronically

this

request

Becker

GSU

has

the authority

to

only if done so in

of Georgia Board of Regents

injunction

policies

set

Georgia

State

RESPONSE
Subject

to

Defendants

General

Objections

REQUEST FOR ADMISSION NO.4
existence

of the ERes

Admit

Defendant admits

that

President

this

request

Becker

is

aware of the

system

RESPONSE
Subject

to

Defendants

General

REQUEST FOR ADMISSION NO
faculty

place

Course Reading

Materials

Objections

Admit

on the ERes

Defendant admits

that

President

system

417942.1

Exhibit 8 - 4

for

this

Becker

students

request

is

to

aware

access

that

GSU

and read

RESPONSE
Subject

the

to

ERes system

Defendants

available for faculty

analysis in accordance

with

the

USG

to

place

Policy

limits

library

personnel

of the standard

reporting

Admit

functions of

compliance with any court-ordered

GSU

of course material

excerpts

that

report of ERes

produce

the

that

satisfy

on Copyright

REQUEST FOR ADMISSION NO
order that

that

Objections Defendant admits

General

ERes

in

activity

for

so ordered

if

fair

makes

use

and Research

Education

President

library

Becker

given

has the authority

time period

by the Court

in

to

within the

order to monitor

injunction

RESPONSE
Subject

to

Defendants

General

Objections Defendant admits

REQUEST FOR ADMISSION NO.7
direct

course

library

staff to

block

access

to

Admit

or remove

pages on the ERes system including

if

that

President

this

Becker

materials on the

specific

request

has the authority

ERes system

to

or specific

required to do so by the Court

RESPONSE
Subject

to

Defendants

General

Objections Defendant admits

REQUEST FOR ADMISSION NO
order that

limits

library

personnel

produce

of the standard reporting

Admit

reports

functions of

monitor compliance with any court-ordered

that

of uLearn

uLearn

President

activity

for

this

request

Becker has the authority

given

time period

so ordered

by the Court

Defendant admits

this

if

in

injunction

RESPONSE
Subject

to

Defendants

General

Objections

417942.1

Exhibit 8 - 5

request

to

within the

order to

REQUEST FOR ADMISSION NO
enforcement of University

policies

of such

Admit

Becker

President

that

for

responsible

and

policies

violations

staff for

and has the authority

is

to

discipline

University

faculty

RESPONSE
Subject

to

Defendants

Genera Objections Defendant

REQUEST FOR ADMISSION NO 10
enforcement of Board of Regents

discipline

University

and

faculty

policies

staff

for

Admit

within

that

the

violations

admits

Becker

President

request

is

for

responsible

and has the authority

University

of such

this

to

policies

RESPONSE
Subject

to

Defendants

General

Objections

REQUEST FOR ADMISSION NO 11
preparing

the annual

budget

Admit

Defendant admits

that

President

this

Becker

request

is

for

responsible

of the University

RESPONSE
Subject

to

Defendants

General

Objections Defendant admits

REQUEST FOR ADMISSION NO 12
enforcement of and compliance with

Admit

that

any court orders

President

that

this

Becker

pertain to

request

is

for

responsible

the

GSU

RESPONSE
Subject

to

Defendants

General

Objections Defendant admits

REQUEST FOR ADMISSION NO 13
for

Admit

computer servers and equipment used on

other equipment used to operate

software/system

for

its

use

at

the

GSU

the

ERes system

that

the

GSU
fees

campus

paid

the computer servers

417942.1

Exhibit 8 - 6

annual

to

this

GSU

request

budget includes

funds

the computer servers

the vendor of the

and

ERes

and other equipment used

to

operate

RESPONSE

budget includes

expenses

and

for

funds

to

GSU

servers

fees

paid

and benefits paid

salaries

GSU

by the

to

Books

Information

GSU

campus
to

the computer

the vendor of the

libraries

to

servers

ERes

operate

and book purchases

by the

library

the

GSU

the annual

1ST

department

salaries

budget contains

line

With

items

computer servers and equipment

for

uLearn system

libraries

GSU

other library

staff

and other equipment used

GSU

annual

professor and instructor

software/system

the

that

Systems and Technology

IT staff and

only that

GSU

to

which may or may not include

and other equipment used

university

Objections Defendant admits

Defendant admits

items

used on the

General

and benefits paid

Equipment and/or

system

for

expenditures

salaries

respect

Defendants

to

Subject

its

use

license

at

to

operate

GSU

fees

the

ERes

the computer

paid by the

Defendant denies the

rest

and

remainder of the request

REQUEST FOR ADMISSION NO 14
University

Information

Dean

of Libraries

Nancy

Systems and Technology

Admit

that

Seamans and

University

University

J.L Albert report

to

Becker

417942.1

Exhibit 8 - 7

Provost

Associate

and serve

at

Ron Henry
Provost

the pleasure

for

of President

RESPONSE
Subject

Ron Henry and
President

to

in their

J.L Albert

Libraries

administrative

Defendant admits

Technology

Objections Defendant admits

General

Dean of

University

Becker

members

Defendants

that

authority

and University

Associate

University

Associate

Admit

Provost

Ron Henry

Provost

for

that

Information

for

Becker

President

Dean of

University

Provost

University

serve at the pleasure

in their

Provost

of President

serves at the pleasure

over University

but not

capacities

REQUEST FOR ADMISSION NO 15

Seamans

Nancy

that

of

capacities as tenured

Systems and

Information

in

all

faculty

capacities

Becker

has

Libraries

direct

supervisory

Seamans

Nancy

J.L Albert

Systems and Technology

RESPONSE
Subject

direct

to

supervisory

supervisory

Associate

Defendants

authority

authority

Provost

for

over

General

over University

University

Information

Dean

decisions

regarding

Provost

that

Ron Henry and

denies

of Libraries

Admit

that

President

that

Becker has

he has

Seamans and

Nancy

Systems and Technology

REQUEST FOR ADMISSION NO 16
for

Defendant admits

Objections

direct

University

J.L Albert

President

Becker

is

responsible

in

part

promotions and tenure of faculty

RESPONSE
Subject

to

Defendants

General

Objections Defendant admits

REQUEST FOR ADMISSION NO 17
with

and read

copy of the Amended

Admit

Complaint

that

in this

President

action

417942.1

Exhibit 8 - 8

this

Becker

including

request

has been furnished

all

exhibits

RESPONSE
Subject

with

to

Defendants

copy of

the

Complaint

regarding

the substance

Objections Defendant admits

General

has

reviewed

the

he has been furnished

that

and has been informed by counsel

Complaint

therein

Requests for Ron Henry

in his official

capacity

as

GSU

Provost

hereinafter

Provost

Henry
REQUEST FOR ADMISSION NO 18
State

University

of the Universitys

officials

the

Statutes

and

professional

legal

Provost

Henry

academic

fulfillment

is

Admit

the

pursuant

for

responsible

administration

of

that

to

Article

the

monitoring

and correct any conduct

Universitys

purposes

III

of the Georgia

functions and

not consistent with

and objectives

RESPONSE
Subject

to

Defendants

General

Objections Defendant admits

REQUEST FOR ADMISSION NO 19
delineated

federal

in

the previous

copyright

Request include

Admit

that

responsibility

Provost

for

this

Henrys

correcting

request

responsibilities

noncompliance with

law

RESPONSE
Subject

to

Defendants

REQUEST FOR ADMISSION
preparing

the annual

academic

General

Objections Defendant admits

NO 20

Admit

that

Provost

this

Henry

is

request

responsible

budget of the University

RESPONSE
Subject

to

Defendants

General

Objections Defendant admits

417942.1

Exhibit 8 - 9

this

request

for

REQUEST FOR ADMISSION NO 21
includes

University

to

necessary

provide

hardware and/or

web pages

funds

for

and/or

software

library

library

operate

necessary

staff

salaries

in

to

Admit

that

and

the ERes

whole

in

provide

academic

annual

or in

part

at

system

whole

faculty

of the

budget

computer hardware and/or

services

part or in

the

software

GSU

computer

and departmental

salaries

faculty/instructor

RESPONSE
to

Subject

budget includes

departments

to

necessary

funds

that

may

provide

hardware and/or

web pages

Defendants

for library

or

may

and/or

software

and

General Objections Defendant admits

staff

not include

operate

necessary

faculty/instructor

in

to

the library

salaries

funds

salaries

the

whole

in

provide

department

and

computer hardware and/or

for

part or in

services

the annual

that

or in

part

ERes system
whole

at

faculty

Defendant denies the

rest

GSU

for

other

software

GSU

computer

and departmental

and remainder of the

request

REQUEST FOR ADMISSION NO 22
over

the administrators

of the

GSU

Admit

Library

and

the

Provost

that

GSU

Henry has supervisory

Information

authority

Systems and Technology

department

RESPONSE
Subject

authority

for

over

Information

to

Defendants

University

Dean

General

Objections Defendant admits

of Libraries

Systems and Technology

REQUEST FOR ADMISSION NO 23

Seamans

Nancy

he has supervisory

and University

Associate

Provost

J.L Albert.

Admit

that

Provost

of the ERes system

417942.1

10

Exhibit 8 - 10

Henry

is

aware of the existence

RESPONSE
Defendants

to

Subject

Genera Objections Defendant

REQUEST FOR ADMISSION NO 24
place

Course Reading

Admit

Provost

that

on the ERes system

Materials

admits

students

for

this

Henry

to

is

access

request

aware

GSU

faculty

library

makes

that

and read

RESPONSE
Defendants

to

Subject

ERes system

available for faculty

analysis in accordance

with the

the

to

USG

that

the

of course material

that

Objections Defendant admits

General

place

excerpts

on Copyright

Policy

in

GSU

fair

satisfy

use

and Research

Education

REQUEST FOR ADMISSION NO 25
Admit

that

Provost

at

electronically

Henry has the authority

GSU

Board of Regents

to

order that

only if done so in compliance

Georgia

State

University

copyrighted

with policies

set

works may be

of Georgia

the State

by

court-ordered

or

distributed

injunction

RESPONSE
Subject

to

Defendants

General

Objections Defendant admits

REQUEST FOR ADMISSION NO 26
compliance with any court orders

that

may

Admit

Provost

that

pertain to the

this

Henry

dissemination

is

request

for

responsible

of copyrighted

GSUs

materials

atGSU

RESPONSE
Subject

delegate

to

to

Provost

Defendants

Henry

pertain to the dissemination

General

Objections Defendant admits

responsibility

of copyrighted

for

GSUs

that

President

Becker

compliance with any court orders

materials at

GSU

417942.1

11

Exhibit 8 - 11

that

may

may

REQUEST FOR ADMISSION NO 27
that

library

the Court

personnel

report of

produce

Admit

ERes

activity

reports to monitor compliance

including

Provost

that

for

with

Henry has the authority

given

time period

any court-ordered

if

order

to

so ordered

by

injunction

RESPONSE
Subject

to

Defendants

General

REQUEST FOR ADMISSION NO 28
library

staff to

block

to

access

on the ERes system including

Admit

Provost

that

materials on the

specific

if

Defendant admits

Objections

this

request

Henry has the authority

ERes system

or to

specific

to

direct

course pages

required to do so by the Court

RESPONSE
Subject

to

Defendants

General

REQUEST FOR ADMISSION NO 29
enforcement of University

staff

violations

for

of such

policies

Defendant admits

Objections

Admit

that

and has the authority

Provost

to

this

Henry

is

request

responsible

University

discipline

for

and

faculty

policies

RESPONSE
Subject

discipline

responsible

to

Defendants

University

for

faculty

enforcement

General

and

staff for

of such

violations

Admit

enforcement of Board of Regents policies within

University

faculty

and

of University

he has the authority

policies

but denies he

policies

REQUEST FOR ADMISSION NO 30

discipline

Defendant admits

Objections

staff

for

that

Provost

the University

violations

of such

417942.1

12

Exhibit 8 - 12

Henry

is

responsible

and has the authority

policies

for

to

is

to

RESPONSE
Subject

discipline

Defendants

to

University

for

responsible

and

faculty

enforcement

General

staff

of such

Objections Defendant admits

for

Information

the

policies

to

authority

but denies

he

Systems and Technology

Admit

that

Provost

Seamans and

Henry has supervisory

University

Associate

authority

for

Provost

J.L Albert

RESPONSE
Subject

to

Defendants

General

Objections Defendant admits

REQUEST FOR ADMISSION NO 32
decisions

regarding

Admit

that

Provost

this

Henry

is

request

responsible

in

part for

promotions and tenure of faculty

RESPONSE
Subject

to

Defendants

General

Objections Defendant admits

REQUEST FOR ADMISSION NO 33

Admit

this

request

Provost

Henry reports

Defendant admits

this

that

directly

to

Becker

President

RESPONSE
Subject

to

Defendants

General

Objections

REQUEST FOR ADMISSION NO 34
Statutes

subject

of Georgia

to

State

the approval

University

Admit

Provost

Henry

that

pursuant

to

request

Article

IIIA9

appointment of Associate

of the Board of Regents

RESPONSE
Subject

to

Defendants

is

policies

Dean of Libraries Nancy

University

of Board of Regents

violations

REQUEST FOR ADMISSION NO 31
over

he has

General

Objections

Defendant admits

417942.1

13

Exhibit 8 - 13

this

request

of the

Provosts

is

REQUEST FOR ADMISSION NO 35
of Georgia

Statutes

applicable

State

academic

Provost

University

that

Henry

is

Works

in

Education

to

pursuant

Article

IHA8

of the

of

for

including

implementation

the

responsible

of the Board of Regents

policies

on the Use of Copyrighted

Admit

Board of Regents

Policy

and Research

RESPONSE
Subject

to

Defendants

Objections Defendant admits

General

REQUEST FOR ADMISSION NO 36
of Georgia

Statutes

support

to

State

University

Admit

Provost

that

Henry

is

to

pursuant

responsible

this

request

Article

for the

HIB1
provision

of the

of library

instructors

RESPONSE
Subject

to

Defendants

Objections Defendant admits

General

REQUEST FOR ADMISSION NO 37
maintenance of the ERes system

delineated

in

the previous

at

GSU

Admit

would

fall

this

request

the provision

operation

under the library

support

that

and/or

responsibilities

Request

RESPONSE
Subject

to

Defendants

General

Objections Defendant admits

REQUEST FOR ADMISSION NO 38
reports from the library

staff

that

include

Admit

statistics

that

Provost

this

request

Henry receives

describing usage of the

or has

received

ERes system

RESPONSE
Subject

to

Defendants

General

Objections Defendant denies

REQUEST FOR ADMISSION NO 39
and read

copy of the Amended

Complaint

Admit

that

in this

action

Provost

14

Exhibit 8 - 14

request

Henry has been furnished with

including

417942.1

this

all

exhibits

RESPONSE

with

Defendants

to

Subject

copy of the Complaint

regarding

the

substance

has reviewed the Complaint

GSU

of the ERes

he has been

ifirnished

and has been informed by counsel

Provost

Provost for Information Systems and Technology

Associate

Albert

REQUEST FOR ADMISSION NO 40
existence

that

therein

Requests for J.L Albert
herinafler Associate

Objections Defendant admits

General

Admit

Associate

that

Provost

Albert

is

aware of

is

aware

the

system

RESPONSE
Defendants

to

Subject

General

Objections Defendant admits

REQUEST FOR ADMISSION NO 41
GSU

faculty

Course Reading

place

Admit

Materials

on

Associate

that

the

ERes

system

this

request

Provost

Albert

students

for

access

to

that

and read

RESPONSE
Subject

the

to

ERes system

Defendants

General

available for faculty

analysis in accordance

with

the

to

USG

Objections Defendant admits

over

in

Admit

that

and maintenance of the ERes system

the operation

authority

of course

on Copyright

Policy

REQUEST FOR ADMISSION NO 42
for

excerpts

place

the responsible

at

that

material that

Education

Associate

GSU

GSU

the

fair

satisfy

makes

use

and Research

Provost

or that

library

Albert

is

responsible

he has supervisory

persons

RESPONSE
Subject

to

Defendants

the technical operation

other responsibilities

General

Objections Defendant admits

and maintenance of the ERes system

or supervisory

authority

with

respect

to

417942.1

15

Exhibit 8 - 15

at

GSU

the

that

he

is

but denies

ERes system

responsible

that

for

he has any

REQUEST FOR ADMISSION NO 43
for

providing

system or

he

that

GSU

to

support

faculty

has supervisory

and

Admit

staff

Albert

the use of the uLearn course

in

over

authority

Provost

Associate

that

the

is

responsible

management

persons

responsible

RESPONSE
Subject

course

the

for

authority

to

Defendants

GSU

management

staff

Objections Defendant admits

General

who

the

support

Provost

and

faculty

staff

in

he has supervisory

the use

of the uLearn

system

REQUEST FOR ADMISSION NO 44
Associate

GSU

that

Albert

assistance

provide

Admit

and

that

IST
in

training

staff

the use

of

under the supervision

ERes system

of the

GSU

to

faculty

RESPONSE
Subject

GSU

Defendants

denies

specifically

to

to

that

IST

General

staff

Objections Defendant denies

provide

assistance

and

in

training

this

request

the use

and

of the ERes system

faculty

REQUEST FOR ADMISSION NO 45
Associate

Provost

Albert

provide

assistance

Admit

and

that

training

IST

staff

in the

under the supervision

use

of the uLearn system

of

to

GSU

faculty

RESPONSE
Subject

technical

Defendants

assistance

supervision

and

to

training

and

of Associate

to

GSU

General

training

Provost

faculty

with

in

Objections Defendant admits

the use

Albert

respect

of the uLearn system

but denies

to

that

IST

uLeam

417942.1

16

Exhibit 8 - 16

to

staff

JST

that

GSU

faculty

provide

staff

provide

under the

any other assistance

REQUEST FOR ADMISSION NO 46
for

setting

of the

the budget

IST

Admit

that

Associate

Provost

Albert

is

responsible

department

RESPONSE
to

Subject

Defendants

General

Objections Defendant admits

REQUEST FOR ADMISSION NO 47
for

funding

computer hardware and/or

and/or

operate

faculty

posting

departmental

Admit

that

used

software

web pages

internet

the

IST

to

operate

and

to

this

request

budget provides

department

the uLearn system

scan

to

materials for

course

on ERes

RESPONSE
to

Subject

budget provides

and/or

Defendants

funding

departmental

for

of course materials

provides

funding

for

Objections Defendant admits

computer hardware and/or

web

internet

excerpts

General

for

pages

posting

hosted on

REQUEST FOR ADMISSION NO 48
for

web

supervisory

that

to

Associate

the

operate

pages

authority

for

particular

instructors

over the responsible

and academic

for

department

Albert

used

at

scanning

budget

uLearn system

the

Provost

departments

department

the faculty

operate

IST

and maintenance of the computer hardware and software

the operation

individual

Admit

that

used

software

to

and the equipment

servers

but denies

on ERes

computer hardware and/or

GSU

used

software

IST

the

that

to

GSU

is

responsible

provide

or that

he has

persons

RESPONSE
Subject

the operation

web pages

to

Defendants

General

Objections Defendant admits

and maintenance of the computer hardware and software

hosted

on

GSU

servers

for particular

instructors

417942.1

17

Exhibit 8 - 17

that

he

used

and academic

is

to

responsible

provide

departments

for

individual

at

GSU

REQUEST FOR ADMISSION NO 49
authority over

supervisory

for

responsible

scanning

the Information

works

copyrighted

Admit

Associate

that

Provost

Systems and Technology

in

order to post them on

Albert

IST

has

staff

who

are

ERes

RESPONSE
Subject

Defendants

denies that

specifically

post them

to

IST

General

staff

Objections Defendant denies

scanning

copyrighted

request

and

works

in

order to

on ERes

REQUEST FOR ADMISSION NO 50
Provost

for

are responsible

this

Admit

Associate

that

Provost

Albert

reports to

Henry

RESPONSE
Subject

to

Defendants

General

Objections Defendant admits

REQUEST FOR ADMISSION NO 51
authority

servers

to

order that

if

including

specific

GSU

faculty

Admit

Associate

that

and departmental

this

request

Provost

Albert

has

web pages be removed

the

from

GSU

required to do so by the Court

RESPONSE
Subject

to

Defendants

General

Objections Defendant denies

REQUEST FOR ADMISSION NO 52
authority

in

to

order that

compliance with

State

or

University

copyrighted

policies

rules

Admit

works may be

set

by

court-ordered

that

Associate

scanned

the State

for

this

request

Provost

Albert

placement on ERes only

of Georgia Board

of Regents

injunction

RESPONSE
Subject

to

Defendants

General

Objections

Defendant denies

417942.1

18

Exhibit 8 - 18

has

this

request

the

if

done so

Georgia

REQUEST FOR ADMISSION NO 53
authority

to

discipline

IST

staff

for

Admit

that

Associate

Albert

Provost

has the

GSU

of policies of the Board of Regents and/or

violations

RESPONSE
Subject

to

Defendants

General

Objections Defendant admits

REQUEST FOR ADMISSION NO 54
furnished with and read

Admit

copy of the Amended

that

Associate

Complaint

in this

this

request

Provost

Albert

action

has

including

been

all

exhibits

RESPONSE
Subject

with

to

Defendants

copy of the Complaint

General

Objections Defendant admits

and has been informed by counsel

Requests for the Board of Regents

State

University

all

he has been furnished

the substance

regarding

therein

Defendants

REQUEST FOR ADMISSION NO 55
of Georgia

that

GSU

Admit

operations

are

that

pursuant

subject

to

to

of the

Article

the supervisory

authority

Statutes

of the

Board of Regents Defendants

RESPONSE
Subject

supervisory

subject

to

to

Defendants

authority

such

General

of the Board of Regents

authority

pursuant

to

Defendants but

the Statutes

REQUEST FOR ADMISSION NO 56
the President

Defendants admit

Objections

of Georgia

Admit

that

that

specifically

State

GSU

is

deny

that

the Board of Regents

Defendants

RESPONSE
to

Defendants

General

Objections Defendants admit

417942.1

19

Exhibit 8 - 19

GSU

to

the

is

University

of GSU

Subject

subject

this

request

elect

REQUEST FOR ADMISSION NO 57
pleasure

of the Board of Regents

Admit

that

the President

of

GSU

serves at the

Defendants

RESPONSE
Subject

to

Defendants

Objections Defendants admit

General

REQUEST FOR ADMISSION NO 58
for

responsible

the

providing

and maintaining

uLearn course management

system

at

Admit

that

this

request

the Board of Regents

Defendants

the computer hardware and software

GSU

or have

supervisory

authority

are

which operates

the

over

persons

responsible

RESPONSE
Subject

to

Defendants

General

Objections Defendants admit

REQUEST FOR ADMISSION NO 59
the ability

pages

to

order the removal of specific

if

including

Admit

that

this

request

the Board of Regents

materials posted on uLearn and/or

have

Defendants

specific

uLeam

required to do so by the Court

RESPONSE
Subject

to

Defendants

General

Objections Defendants admit

REQUEST FOR ADMISSION NO 60
the authority

done so

in

University

to

order that

or

works may be

copyrighted

compliance with

policies

court-ordered

Admit

and/or

rules

set

that

this

request

the Board of Regents

distributed

by

electronically

themselves

at

to

Defendants

injunction

General

Objections Defendants admit

417942.1

20

Exhibit 8 - 20

GSU

Georgia

RESPONSE
Subject

this

have

Defendants

request

only if

State

REQUEST FOR ADMISSION NO 61
the authority

period

order that

so ordered

if

ordered

to

Admit

by the Court including

Defendants

the Board of Regents

ERes

report of

produce

personnel

library

that

for

activity

reports to monitor compliance

with

given

have

time

court-

any

injunction

RESPONSE
Subject

to

Defendants

Objections Defendants admit

General

REQUEST FOR ADMISSION NO 62
encourage

students

to

and

facilitate

University

System of Georgia

of

the use

Admit

institutions

request

the Board of Regents

course material

electronic

System of Georgia

that

this

and

to

distribution

retain

Defendants

in part

students

to

attract

new

enrolled at University

institutions

RESPONSE
Subject

University

Defendants

System of Georgia

environment

University

to

to

attract

and

institutions

retain

System of Georgia

Objections Defendants admit

General

students

for

allocating

and

current technology

facilitate

the use

for

they

encourage

the educational

of course management

systems to

institutions

REQUEST FOR ADMISSION NO 63
responsible

to utilize

that

funding

to

Admit

University

that

the Board of Regents

System of Georgia

institutions

Defendants

including

are

GSU

RESPONSE
Subject

to

Defendants

General

Objections Defendants

REQUEST FOR ADMISSION NO 64
responsible

how much

for

detennining

funding

is

when

funding

Admit

should

that

admit

this

request

the Board of Regents

be provided

appropriate

417942.1

21

Exhibit 8 - 21

to

GSU

Defendants

are

from the Board as well as

RESPONSE
Subject

to

Defendants

General

Objections Defendants

REQUEST FOR ADMISSION NO 65
the authority

tenure

approve or

to

reject

Admit

the decisions

of

that

GSU

the

admit

this

request

Board of Regents

administrators

relating

Defendants have

to

promotion

and

of faculty

RESPONSE
Subject

to

Defendants

General

Objections Defendants admit

REQUEST FOR ADMISSION NO 66
been furnished with and read

copy of

the

Admit

Amended

that

this

request

the Board of Regents

Complaint

in this

action

Defendants have

including

exhibits

RESPONSE
Subject

to

furnished

with

substance

Defendants

General

copy of the Complaint

Objections Defendant admit

submitted

this

they have been

and have been informed by counsel

therein

Respectfully

that

13th day of

May

2009

417942.1

22

Exhibit 8 - 22

regarding

the

all

BAKER

THURBERT
Attorney

033887

General

LERER
Deputy

Attorney

DENTSE
Senior

446962
General

WHITiNG-PACK

Assistant Attorney

MARY

VOLKERT

JO

Georgia Bar

No

728755

Assistant Attorney

/s/KristenA
King

General

Swift

Spalding

LLP

Askew

Anthony
Georgia Bar

No

025300

Special

Assistant Attorney

Stephen

Schaetzel

Georgia Bar
Kristen

No

628653

Swift

Georgia Bar

Attorneys

General

No

702536

for Defendants

4179411

23

Exhibit 8 - 23

General

558559

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION
CAMBRIDGE UNIVERSITY PRESS
et

al
Action

Civil

File

No.1 08-CV- 1425-ODE

Plaintiffs

-vs

CARL

PATTON

in his official

Georgia State University

President

capacity

as

et

Defendants

OF SERVICE

CERTIFICATE
The

undersigned

hereby

certifies

that

on

this

13th

DEFENDANTS OBJECTIONS AND RESPONSES
REQUESTS

FOR ADMISSION

Edward

No

May

2009

TO PLAINTIFFS
mail as agreed

electronic

the

by the

parties

Randi Singer

Todd

429927

Larson

Hirokawa

Corey

hirokawaabmelaw.com
Georgia Bar

No

357087

BONDURANT MIXSON
1201

West

Peachtree

Street

WElL GOTSHAL

ELMORE LLP

NW

767

New York New

Suite 3900
Atlanta

GA

Telephone
Facsimile

30309

404
404

Telephone
881-4100

Facsimile

881-4111

/s/

Kristen

Kristen

Swift
Swift

417942.1

24

Exhibit 8 - 24

MANGES

Avenue

Fifth

York 10153

212
212

foregoing

FIRST SET

Bruce Rich

Krugman

krugmanaThmeaw.com
Georgia Bar

of

of record

counsel

following

were served by

day

310-8000
310-8007

LLP

OF

on the