PRINCETON UNIVERSITY PRESS, Macmillan, Inc., and St. Martin's Press, Inc., Plaintiffs-Appellees,
v.
MICHIGAN DOCUMENT SERVICES, INC., and James M. Smith, Defendants-Appellants.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Reargued June 12, 1996.
Decided November 8, 1996.
Attorney(s) appearing for the Case
J. Michael Huget, James E. Stewart, Butzel Long, Detroit, MI, Ronald S. Rauchberg (reargued and rebriefed), Herman L. Goldsmith, Proskauer, Rose, Goetz & Mendelsohn, New York City, for Princeton University Press.
J. Michael Huget, Butzel Long, Detroit, MI, Ronald S. Rauchberg, Herman L. Goldsmith, Proskauer, Rose, Goetz & Mendelsohn, New York City, Jon A. Baumgarten, Proskauer, Rose, Goetz & Mendelsohn, Washington, DC, for MacMillan, Inc., St. Martin's Press, Inc.
David G. Chardavoyne, Louise A. Marcotty, Bodman, Long & Dahling, Detroit, MI, Susan M. Kornfield (reargued and rebriefed), Lydia P. Loren, Bodman, Longley & Dahling, Ann Arbor, MI, for Michigan Document Services, Inc., James M. Smith.
Lyman Ray Patterson, University of Georgia School of Law, Athens, GA, for amicus curiae Concerned Professors of Copyright Law.
R. Bruce Rich and Elizabeth Stotland Weiswasser (briefed), Weil, Gotshal & Manges, New York City, for amicus curiae Copyright Clearance Center, Inc.
Michael E. Hobbs, Attorney General of Georgia, Atlanta, GA, for amicus curiae Attorney General of State of Georgia, National School Boards Association, Georgia School Boards Association, California School Boards Association, American Association of School Administrators.
Raymond J. Kelly, Jr. (briefed), Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, for amicus curiae Follett Corp.
Stephen E. Gillen (briefed), Frost & Jacobs, Cincinnati, OH, for amicus curiae National Music Publisher's Association, Inc., National Association of College Stores, Inc.
Before MARTIN, Chief Judge; MERRITT, KENNEDY, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE, and COLE, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
NELSON, J., delivered the opinion of the court, in which KENNEDY, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER and COLE, JJ., joined. MARTIN, C.J. (pp. 1393-94), MERRITT, J. (pp. 1394-97), and RYAN, J. (pp. 1397-1412), delivered separate dissenting opinions, with Judge DAUGHTREY joining in Judge MERRITT'S and Judge RYAN'S dissents, and Judge MOORE joining in Judge MERRITT'S dissent.
DAVID A. NELSON, Circuit Judge.
This is a copyright infringement case. The...
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