Yesterday the three plaintiff publishers in the copyright infringement case against Georgia State filed their proposed injunction, as the Judge required that they do, and a memorandum of law in support of that proposal.  So now we have a chance to examine their first legal response (as opposed to press releases) to the ruling Judge … Continue reading Publishers file response to GSU ruling →

In which Jonathan Band is a mensch, as usual.

After nearly a year of deliberation, Judge Orinda Evans last week delivered the long awaited verdict in Cambridge University Press et al. v. Patton case, the Georgia State University e-reserve case.

When the trial of the Georgia State copyright infringement lawsuit closed last month, the Judge asked both sides to file post-trial briefs, outlining their proposals for findings of fact and conclusions of law that they think the court should make.  They are extensive documents, representing the last chance each side has to make its arguments, … Continue reading Licenses, prices, fair use and GSU →

For obvious reasons there has been a lot of attention paid to the Georgia State copyright infringement case recently.  In that litigation three academic publishers are asking a judge to fiercely restrict  academic fair use in favor of a pay-per-use system that, in my opinion, disregards the expressed intent of Congress in the 1976 Copyright … Continue reading A second front →

In anticipation of the trial starting on Monday in the copyright infringement case brought against Georgia State University by Cambridge, Oxford and Sage publishers, and partially financed by the Copyright Clearance Center, there has been a flurry of motions, mostly relating to the admission of various pieces of evidence.  But amongst that deluge of paper … Continue reading A nightmare scenario for higher education →

How many items can a professor put on electronic reserve before paying for a  …

Buried beneath the news of the Google Settlement’s rejection last week, a federal judge in Georgia has paved the way for publishers to go to trial in a contentious copyright case involving e-reserve practices at Georgia State University. On March 17, Judge Orinda Evans denied a GSU motion to dismiss the final count in the suit, setting May 16th as a trial date. The order comes after Evans denied all three of the publishers’ motions for summary judgment, while granting two of three GSU motions to dismiss, in October, 2010. She allowed the action to proceed on a single, more narrowly drawn charge of contributory infringement.