Re: Scholarly communication, copyright, and fair use

[Jim Stemper <stemp003@umn.edu>]

On Fri, 21 Aug 2009, Sandy Thatcher wrote:

"In the case of Georgia State, articles and book chapters were 
scanned and posted on sites that were accessible to the general 
public."

The official Georgia State response to the Cambridge/Oxford/Sage 
lawsuit 
(http://www.nacua.org/documents/CambridgeUPress_v_Patton_June08.pdf), 
page 16, refutes this assertion:

"Since GSU is not aware of when Plaintiffs first visited its ERes 
website, it is without information sufficient to form a belief as 
to whether, at that time, no password was required to view the 
Course Reserves Pages described above. GSU admits that a software 
mistake was discovered in May/June 2007 and that this software 
mistake enabled viewers without a password to access Course 
Reserves Pages through clicking one or more of the other columns 
on a Course Reserve Index page (not the Course Number). GSU 
contacted the software vendor to repair the mistake so that only 
students who are given a specific password by the instructor can 
access the pages. GSU denies the remaining allegations in 
Paragraph 34. Specifically, GSU denies that it attempted to 
stymie Plaintiffs ability to view the electronic reserves."

Jim Stemper
Electronic Resources Librarian
University of Minnesota-Twin Cities Libraries