The Authors Guild, Inc. et al v. Hathitrust et al

Filing 23

ANSWER to 4 Amended Complaint,,,,,,,. Document filed by Jeffrey Bartell, MaryEllen Kiley Bishop, Richard C. Blum, Mark J. Bradley, William R. Cast, Bruce Cole, Cornell University, Judith V. Crain, David Crane, Julia Donovan Darlow, William De La Pena, Laurence B. Deitch, John Drew, Philip N. Eskew, Jr, Tony Evers, Michael J Falbo, Russell Gould, Cora J Griffin, Hathitrust, Denise Ilitch, Eddie Island, Odessa Johnson, George Kieffer, Sherry L. Lansing, Monica Lozano, Hadi Makarechian, Edmund Manydeeds, George M. Marcus, Olivia P. Maynard, Alfredo Mireles, Jr, Andrea Fischer Newman, Norman J. Pattiz, Katherine Pointer, Charles Pruitt, Thomas E. Reilly, Jr, Bonnie Reiss, Derica W. Rice, Andrew C. Richner, Fred Ruiz, Leslie Tang Schilling, Troy Sherven, Patrick A. Shoulders, Brent Smith, Michael J. Spector, William H. Strong, S. Martin Taylor, The Board Of Regents Of The University Of Wisconsin System, The Regents Of The University Of Michigan, The Regents of the University of California, The Trustees Of Indiana University, S. Mark Tyler, Bruce D. Varner, Jose F. Vazquez, Paul Wachter, David G. Walsh, Katherine E. White, Charlene Zettel.(Petersen, Joseph)

members of the Board are defined collectively as the “UC Regents,” and The Regents of the
University of California is hereinafter referred to as “UC”); Jeffrey Bartell, Mark J. Bradley,
Judith V. Crain, John Drew, Tony Evers, Michael J. Falbo, Edmund Manydeeds, Katherine
Pointer, Charles Pruitt, Troy Sherven, Brent Smith, Michael J. Specter, S. Mark Tyler, Jose F.
Vasquez And David G. Walsh, in their official capacities as The Board of Regents of The
University of Wisconsin (the named members of the Board are defined collectively as the “UW
Regents,” and The University of Wisconsin is hereinafter referred to as “UW”); William R. Cast,
Patrick A. Shoulders, Maryellen Kiley Bishop, Bruce Cole, Philip N. Eskew, Jr., Cora J. Griffin,
Thomas E. Reilly, Jr., Derica W. Rice and William H. Strong, in their official capacities as The
Trustees of Indiana University (the named Trustees are defined collectively as the “IU Trustees,”
and Indiana University is hereinafter referred to as “IU”); Cornell University (“Cornell”) (UM,
UC, UW, IU, and Cornell are collectively referred to as the “Universities” and each may be
referred to individually as a “University”); and HathiTrust, which is the name of a service
provided by UM under agreements with member institutions including the Universities (but only
to the extent that HathiTrust constitutes an entity capable of being sued, which Defendants
contend it does not) (“HathiTrust Service”) (collectively, “Defendants”) hereby state the
following for their JOINT ANSWER AND DEFENSES to the First Amended Complaint filed
by the Plaintiffs in the above-captioned action (“Plaintiffs”).

Defendants respond to the

paragraphs of the First Amended Complaint (“FAC”) in correspondingly numbered paragraphs.
Defendants deny each allegation in the FAC unless expressly admitted.
1.

Defendants admit that Plaintiffs, in the FAC, seek prospective injunctive and

declaratory relief but deny that Plaintiffs are entitled to such relief. Defendants admit that “the
Regents of the University of Michigan/University Library, Ann Arbor Campus”; “The Regents

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US2008 3043726.13