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2012 05 31 Proposed Order

2012 05 31 Proposed Order

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Published by LibraryJournal
GSU plaintiff proposed order
GSU plaintiff proposed order

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Published by: LibraryJournal on Jun 01, 2012
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06/01/2012

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EXHIBIT A
Case 1:08-cv-01425-ODE Document 426-1 Filed 05/31/12 Page 1 of 8
 
UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF GEORGIAATLANTA DIVISION
CAMBRIDGE UNIVERSITY PRESS,et al.,Plaintiffs,v.MARK P. BECKER, in his officialcapacity as Georgia State UniversityPresident, et al.,Defendants.Civil Action FileNo.1:08-CV-1425-ODE
[PROPOSED] ORDER AND INJUNCTION
 This action having been tried by the Court without a jury, the HonorableOrinda D. Evans, District Judge, presiding, on May 17, 2011–June 7, 2011, and theCourt having duly entered an opinion dated May 11, 2012, with findings of factand conclusions of law, it is ORDERED AND ADJUDGED that:I.
 
For purposes of this Order:A.
 
The term “GSU” includes each and every Defendant, and all of theiragents, servants, employees, representatives, and successors, all otherpersons acting under their direction, control, or supervision, includingall part-time or full-time faculty employed by, and students enrolledat, Georgia State University, and all those in active concert orparticipation with them.
EXHIBIT A-1
Case 1:08-cv-01425-ODE Document 426-1 Filed 05/31/12 Page 2 of 8
 
B.
 
The terms “Work” or “Works” shall mean any non-fiction book otherthan a textbook in hardcopy, e-book or any other format now inexistence or yet to be published in which Cambridge University Press,Oxford University Press, Inc., or SAGE Publications, Inc. (hereafter“Plaintiffs”) own or control the exclusive right under copyright thatGSU seeks to exercise.C.
 
The term “GSU Electronic Course Systems” shall include EReserves,uLearn, faculty websites, course websites, or any other system now inexistence or hereinafter developed that is owned, licensed, used, orcontrolled by GSU or the Board of Regents of the University Systemof Georgia through which course reading materials (whether required,additional, supplemental, optional or otherwise) are made available toGeorgia State University students electronically. Any copying,posting, uploading, downloading, or other distribution done on anyGSU Electronic Course System shall, for purposes of this Order, beattributed to and be considered done by GSU.II.
 
GSU has infringed Plaintiffs’ copyrights by copying and distributingexcerpts from the following works on GSU Electronic Course Systems:A.
 
The Sage Handbook of Qualitative Research (Third Edition
) (SAGEPublications, Inc. 2005) (copied and distributed for ProfessorKaufmann’s EPRS 8500 Qualitative/Interpretive Research inEducation I in Maymester 2009);B.
 
The Sage Handbook of Qualitative Research (Second Edition
) (SAGEPublications, Inc. 2000) (copied and distributed for ProfessorKaufmann’s EPRS 8510 Qualitative/Interpretive Research inEducation II – Data Collection in Summer 2009);C.
 
The Sage Handbook of Qualitative Research (Third Edition
) (SAGEPublications, Inc. 2005) (copied and distributed for ProfessorKaufmann’s EPRS 8500 Qualitative/Interpretive Research inEducation II in Fall 2009);D.
 
The Power Elite
(Oxford University Press 1956) (copied anddistributed for Professor Harvey’s SOCI 8030 Social Theory I in Fall2009);
EXHIBIT A-2
Case 1:08-cv-01425-ODE Document 426-1 Filed 05/31/12 Page 3 of 8

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