From: Kevin Smith <[log in to unmask]>
Date: Tue, 14 Aug 2012 21:23:29 +0000

Sandy is absolutely correct that none of the 74 claims of infringement
that were still at issue after the trial were dismissed; all were decided.
Five instances of infringement were found, while 69 instances were held
to be fair use.  Then last week the Judge ruled that those five instances
did not justified the sweeping injunction she had been asked for by the
publishers.  She also held that the publishers had presented so many weak
or careless claims of infringement, which raised the cost of the lawsuit,
that they should have to pay the defendants' costs and attorneys' fees.

The AAP statement is also a significant mischaracterization.  It refers,
as did earlier statements, to legal errors in the Judge's rulings that
remain unspecified and the seem to really be mere dissatisfaction with the
outcome.  The statement says that the judge excuses unauthorized copying
instead of recognizing that, as fair use, the vast majority of this
copying was authorized by the law itself.  And it is manifestly false to
say that the suit was brought reluctantly when the AAP spent several years
shopping for a defendant, sending threats to almost a dozen universities
before settling on the defendant against whom, presumably, they thought
they had the best chance.

Kevin L. Smith, M.L.S., J.D.
Director of Copyright and Scholarly Communications
Duke University
Perkins Library
Durham, NC 27708
[log in to unmask]



On 8/14/12 11:59 AM, "LIBLICENSE" <[log in to unmask]> wrote:
>From: Sandy Thatcher <[log in to unmask]>
>Date: Tue, 14 Aug 2012 09:35:43 -0500
>
>What the judge did in this latest ruling is mischaracterized as
>dismissing the five remaining claims. She simply did not feel that
>those five claims sufficed to justify the kind of corrective action
>that the plaintiffs had requested.
>
>For a statement from the plaintiffs, see
>http://www.publishers.org/press/76/.
>
>Sandy Thatcher
>
>
>> From: "B.G. Sloan" <[log in to unmask]>
>> Date: Sat, 11 Aug 2012 08:09:36 -0700
>>
>> In May Judge Orinda Evans dismissed all but five copyright
>> infringement claims against Georgia State University. Yesterday the
>> judge dismissed those five remaining claims.
>>
>> More info from the Chronicle of Higher Ed:  http://bit.ly/NnW4nN
>>
>> Bernie Sloan