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From:
LIBLICENSE <[log in to unmask]>
Reply To:
LibLicense-L Discussion Forum <[log in to unmask]>
Date:
Sun, 19 Oct 2014 15:07:44 -0400
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From: Kevin Smith <[log in to unmask]>
Date: Sun, 19 Oct 2014 18:07:07 +0000

My more complete analysis of the ruling is now available at:

http://blogs.library.duke.edu/scholcomm/2014/10/19/gsu-appeal-ruling-read-better-seems/

It is also well worth reading Nancy Sims from Minnesota on the decision,
at:

http://blog.lib.umn.edu/copyrightlibn/2014/10/11th-circuit-gsu-ruling.html.

The odd thing about this ruling is that it looks like a loss for GSU, but
in the course of the analysis, the Appeals panel rejects every major
argument made by the plaintiffs.  The publishers won a reversal, but in
the process lost every major principle about fair use they were fighting
for.

Kevin

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


On 10/17/14 4:44 PM, "LIBLICENSE" <[log in to unmask]> wrote:

>From: Gary Price <[log in to unmask]>
>Date: Fri, Oct 17, 2014 at 4:31 PM
>
>Direct to Kevin Smith's Post:
>
>"the hot news right now is that the Court of Appeals has reversed the
>District Court¹s judgment and remanded the case back for proceedings
>consistent with the new opinion. The injunction issued by the District
>Court and the order awarding costs and attorney¹s fees to GSU have
>been vacated."
>
>Full Text post with some initial analysis by Smith:
>http://blogs.library.duke.edu/scholcomm/2014/10/17/reversal-georgia-state/
>
>
>We've also started a post on infoDOCKET that includes an embed of
>today's ruling and background. As more reports/analysus become
>available the post will be updated.
>
>http://www.infodocket.com/2014/10/17/appellate-court-reverses-district-cou
>rt-judgment-in-publishers-v-georgia-state-u-fair-use-case/
>
>__gary
>
>
>Gary D. Price, MLIS
>Co-Founder and Editor, Library Journal's INFOdocket.com
>Co-Founder and Editor, FullTextReports.com
>Information Industry Analyst
>Librarian
>http://INFOdocket.com
>http://FullTextReports.com

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