Kudzu-Ops Mailing List: GSU E-Reserves Lawsuit Update

[John Burger (jburger]

ASERL Friends:

You may have heard that the three publishers (with support from the Copyright 
Clearance Center and American Association of Publishers) who have been suing 
our colleagues at Georgia State University filed yet another appeal in this 
case on Friday.  This case is now in its eighth year.

As Brandon Butler summarizes:  “The shortest possible version of the GSU story 
might go something like this: the AAP and CCC recruited and funded three big 
academic publishers to sue Georgia State University (GSU) over using electronic 
platforms to provide students access to excerpts from books. GSU won in the 
first district court opinion, but the publishers got a do-over when the appeals 
court disagreed with some of the district court’s reasoning. The district court 
gave GSU an even bigger win in its second opinion, so the publishers appealed 
again. Now here we are: the publishers have filed their first brief with the 
appellate court, and GSU will file their reply early in the new year."

For your reading pleasure, our colleagues at Duke and University of Virginia 
have posted more detailed comments on the latest developments:
   Duke University:  http://blogs.library.duke.edu/scholcomm/2016/11/21/13586/  
   University of Virginia:  
http://thetaper.library.virginia.edu/2016/11/21/the-fallacy-at-the-heart-of-the-publishers-latest-gsu-brief.html
   

Please let me know any questions.  We will keep you posted as appropriate.


--jeb

John Burger, Executive Director
Association of Southeastern Research Libraries (ASERL)

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