Saturday, August 5, 2017

For Second Time, Appeals Court Hears GSU E-Reserves Case; Publishers Weekly, August 4, 2017

Andrew Albanese, Publishers Weekly; For Second Time, Appeals Court Hears GSU E-Reserves Case

"In what the plaintiff publishers’ attorney Bruce Rich called a “seemingly never-ending case,” an appeals court last week heard oral arguments in the long-running Georgia State University (GSU) e-reserves case for a second time. And judging by the court’s questions, the case could still be far from a conclusion.

In the hearing, which went for just over an hour, a three-judge panel of the 11th Circuit in Atlanta, once again pressed attorneys for the fault lines in the decade-old copyright case case, with much of the hearing focusing on whether Judge Orinda Evans correctly evaluated the fourth factor of the four factor fair use test (the effect on the market), and then properly weighted that factor in making her fair use determinations."

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