From: Laura Quilter <[log in to unmask]>
Date: Tue, 12 Aug 2014 15:15:28 -0400

FYI, y'all -- This case settled last month.  (I hadn't seen an update
in a while so I checked PACER, which lists settlement as approved July
10, 2014, and case finally dismissed on July 15, 2014.)

----------------------------------

Laura Markstein Quilter / [log in to unmask]
Attorney, Geek, Militant Librarian, Teacher

Copyright and Information Policy Librarian
University of Massachusetts, Amherst
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Lecturer, Simmons College, GSLIS
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On Tue, Aug 20, 2013 at 7:01 PM, LIBLICENSE <[log in to unmask]> wrote:
>
> From: David Hansen <[log in to unmask]>
> Date: Tue, 20 Aug 2013 08:47:23 -0400
>
> I thought some of you might be interested in this lawsuit. I haven’t
> seen it on the blogs anywhere yet –
>
> The gravamen on the complaint is that ISCE library has made
> unauthorized copies of the full text of plaintiff’s works and has
> displayed/distributed them to ISCE members, who pay a fee for access
> (though it is dubbed a “membership fee” by ISCE) . In both the
> Plaintiffs’ complaint and the Defendants’ answer, it sounds as if
> there are some important access limitations: 1) the complaint
> acknowledges that only one person may access a work at a time, 2) in
> Defendants’ answer, they claim that the full text can only be “checked
> out” for two hours at a time, and 3) the answer also claims that only
> two pages can be browsed at a time.
>
> This statement, I think, sums up what ISCE is trying to do “The ISCE
> Library is the closest possible digital analogue to a traditional
> specialized research library – providing temporary and controlled
> access one borrower at a time to lawfully-purchased copies of works
> maintained at the library’s leased physical premises at AWS – and with
> a unique digital reference librarian.” (Answer at para 15).
>
> The case raises a number of significant issues about the applicability
> of library privileges (Sec. 108), fair use (Sec. 107), first sale
> (Sec. 109)., 110 (non-profit educational displays), and Sec. 117
> (designed to facilitate necessary copying for computer programs). All
> are raised in the complaint or answer.
>
> Case citation and copies of the complaint and answer/counterclaims below:
>
> Harvard Business School Publishing Corp.,  John Wiley & Sons, Inc.,
> and Univ. of Chicago v.  Institute for the Study of Coherence and
> Emergence, Inc., et al., Case No. 13-cv-11450(GAO), (D. Mass., June
> 17, 2013)
>
> http://isce-library.org/suit.pdf
>
> http://isce-library.org/answer.pdf
>
> Does anyone know more about this?
>
> ----------
>
> David R. Hansen
> Digital Library Fellow
> UC Berkeley School of Law
> [log in to unmask]
> http://law.berkeley.edu/librarycopyright.htm