Cambridge University Press et al v. Patton et al

Filing 409

Proposed Findings of Fact by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Appendix A - Redacted, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D, # 5 Appendix E, # 6 Brief Plaintiffs' Post-Trial Conclusions of Law)(Rains, John)

Appendix E

APPENDIX E
BACKGROUND FACTS REGARDING THE GSU ERES REPORTS
(JX 1-3)
1.

The term “ERes Reports” means those reports generated by the

electronic course reserve system at GSU and produced by Defendants to Plaintiffs
in this action. [Stipulated Facts ¶ 60.]
2.

The ERes Reports were generated using computers and

software within the possession, custody, and control of Defendants. [Stipulated
Facts ¶ 61.]
3.

The ERes software has the ability to create reports that contain

information regarding electronic course materials posted on ERes and accessed by
ERes users. [Stipulated Facts ¶ 62.]
4.

The ERes Reports produced by Defendants to Plaintiffs in this

action were created using the ERes software’s reporting capabilities. [Stipulated
Facts ¶ 63.]
5.

The ERes Reports were not altered by Defendants following

their creation and were produced to Plaintiffs exactly as they were generated by the
ERes software. [Stipulations of Fact Regarding ERes and uLearn Usage at GSU
(“ERes/uLearn Stipulations”), DX 111, ¶ 7.]

APPENDIX E - 1

6.

Each row on the ERes Reports provides information regarding

distinct electronic course material posted on ERes for a specified course.
[Stipulated Facts ¶ 64.]
7.

The ERes Reports list electronic course materials available on

the ERes system for a specified course during the time periods specified in the
“Date Range” column. [Stipulated Facts ¶ 65.]
8.

Employees of GSU manually input into the ERes system the

information that appears in the columns of the ERes Reports bearing the headings
“Document” and “Course Reserves Page.” [Stipulated Facts ¶ 66.]
9.

The ERes software compiles and stores the information entered

by GSU employees as to each electronic course material posted on the system.
[DX 111, ¶ 11.]
10.

The ERes software tracks the number of times each electronic

course material on the system is accessed by an ERes user. [Stipulated Facts ¶
67.]
11.

The information in the “Document” column on the ERes Report

identifies the title of a specific electronic course material made available on the
ERes for the course specified in the “Course Reserves Page” column. [Stipulated
Facts ¶ 68.]

APPENDIX E - 2

12.

The information in the “Course Reserves Page” column on the

ERes Report identifies the course for which the specific electronic course material
in that row of the report is/was offered through ERes. [Stipulated Facts ¶ 69.]
13.

Where a personal name is given in the “Course Reserves

Page” column on the ERes Reports, it refers to the instructor of the identified
course. [Stipulated Facts ¶ 70.]
14.

Where a season and year are given in the Course Reserves

Page column on the ERes Reports (e.g., “Fall 2008” or “Spring 2008”), the
information typically refers to the semester during which the identified course was
offered. [Stipulated Facts ¶ 71.]
15.

The information in the “Date Range” column of each ERes

Report identifies the time period during which the ERes activity documented by
the Report took place. [DX 111, ¶ 17.]
16.

The data in the “Hit Count” column of each ERes Report

represents the number of times the specific electronic course material listed in that
row of the report was accessed by ERes users during the corresponding time
period. [DX 111, ¶ 18; 6/1 Tr. at 126:2-7 (Burtle).]

APPENDIX E - 3

17.

Each “hit” represented in the “Hit Count” column of the ERes

Reports represents the display of the corresponding electronic course
material on an authorized user’s computer monitor. [DX 111, ¶ 20.]

APPENDIX E - 4