From: Ari Belenkiy <[log in to unmask]>
Date: Fri, 17 Aug 2012 12:05:41 -0700

Actually, this piece

"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."

sounds more "dismissal" rather than "deciding"!

Ari Belenkiy


On Fri, Aug 17, 2012 at 4:47 AM, LIBLICENSE <[log in to unmask]> wrote:
>
> From: "B.G. Sloan" <[log in to unmask]>
> Date: Wed, 15 Aug 2012 16:00:26 -0700
>
> Not being an attorney, I was just reporting what the Chronicle of
> Higher Ed was saying in the article, and they used the word
> "dismissed", i.e., "In May, Judge Orinda Evans of the U.S. District
> Court in Atlanta handed down a ruling that dismissed all but five of
> the copyright-infringement claims brought by Cambridge University
> Press, Oxford University Press, and SAGE Publishers against the
> university."
>
> Bernie Sloan
>
>
> 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