From: Joseph Esposito <[log in to unmask]>
Date: Thu, 18 Apr 2013 20:49:30 -0400

If "we are suing ourselves," as you suggest, who's right, the
plaintiff or the defendant?

Joe Esposito


On Thu, Apr 18, 2013 at 6:32 PM, LIBLICENSE <[log in to unmask]> wrote:

> From: Laura Quilter <[log in to unmask]>
> Date: Wed, 17 Apr 2013 21:50:16 -0400
>
> Well, these:
>
> * Cambridge Univ Pr v. Becker (ongoing)
> * Ambrose Vide Publishing & AIME v. UCLA (recently settled)
> * Oxford University Press et al v. Delhi University (ongoing)
> * Access Copyright v. York Univ (Canada) (ongoing)
>
> I sort of recall some other litigation outside the US/Canada but it's
> not coming to mind just yet.  That's just the recent/current cases.
>
> Of course Addison-Wesley v. NYU (SDNY 1983) also springs to mind, plus
> various threats to various institutions over the years.
>
> (And please note that in the Georgia State University case, the fact
> that the publishers "did not seek damages" is not exactly a
> demonstration of their good will so much as a demonstration of their
> understanding of Constitutional law.)
>
> ----------------------------------
> Laura Markstein Quilter / [log in to unmask]
> Librarian, Geek, Attorney, Teacher
>
> Copyright and Information Policy Librarian
> University of Massachusetts, Amherst
> [log in to unmask]
>
> Lecturer, Simmons College, GSLIS
> [log in to unmask]
>
>
> On Wed, Apr 17, 2013 at 4:09 PM, LIBLICENSE <[log in to unmask]> wrote:
>
> > From: Sandy Thatcher <[log in to unmask]>
> > Date: Tue, 16 Apr 2013 22:33:41 -0500
> >
> > You say "regularly being sued." As far as I'm aware, the suit against
> > Georgia State is the first copyright suit brought by publishers
> > against any university. Previous suits were brought against commercial
> > copyshops adjacent to university campuses. Do you know of any other
> > suits by publishers against universities? And please note that the
> > suit against GSU aimed only at an injunction against future illegal
> > copying and did not seek damages for past infringements.
> >
> > Sandy Thatcher
> >
> >
> > > From: Laura Quilter <[log in to unmask]>
> > > Date: Tue, 16 Apr 2013 10:18:06 -0400
> > >
> > > Sandy,
> > >
> > > I take it that the problem is with university professors whose work is
> > > directly related to (and partially funded by) their university jobs.
> > > If a professor creates something unrelated to their job -- they teach
> > > history of science; they wrote a popular song -- then conflict of
> > > interest wouldn't really arise.
> > >
> > > Universities have often refrained from asserting ownership under
> > > work-for-hire of faculty's teaching and scholarly works, out of
> > > tradition and so forth, but if they are regularly being sued on those
> > > works, then they might choose not to forego their own legal rights.
> > >
> > > Laura