CAMBRIDGE UNIVERSITY PRESS v. PATTON

Nos. 12-14676, 12-15147.

769 F.3d 1232 (2014)

CAMBRIDGE UNIVERSITY PRESS, Oxford University Press, Inc., Sage Publications, Inc., Plaintiffs-Appellants, v. Carl V. PATTON, et al., Defendants, J.L. Albert, in his official capacity as Georgia State University Associate Provost for Information System and Technology, Mark P. Becker, in his official capacity as President of Georgia State University, Kenneth R. Bernard, Jr., in his official capacity as member of the Board of Regents of the University System of Georgia., Robert F. Hatcher, in his official capacity as Vice Chair of the Board of Regents of the University System of Georgia, W. Mansfield Jennings, Jr., in his official capacity as member of the Board of Regents of the University System of Georgia, James R. Jolly, in his official capacity as member of the Board of Regents of the University System of Georgia, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 17, 2014.


Attorney(s) appearing for the Case

Robert Bruce Rich , Jonathan Bloom , Todd D. Larson , Randi Wolkenbreit Singer , Weil Gotshal & Manges, LLP, New York, NY, Edward B. Krugman , John H. Rains, IV , Bondurant Mixson & Elmore, LLP, Atlanta, GA, for Plaintiffs-Appellants.

Anthony B. Askew , Robin L. Gentry , Walter Hill Levie, III , Stephen M. Schaetzel , Meunier Carlin & Curfman, LLC, Laura Elisabeth Ashby , Miller and Martin, PLLC, Mary Katherine Bates , John W. Harbin , Kristen A. Lynn , Natasha H. Moffitt , King & Spalding, LLP, Richard William Miller , Ballard Spahr, LLP, Katrina M. Quicker , Baker & Hostetler LLP, Mary Josephine Leddy Volkert , Denise E. Whiting-Pack , Georgia Department of Law, Matthew P. Warenzak , Smith Gambrell & Russell, LLP, Atlanta, GA, Lisa Eskow , Law Office of Lisa Eskow, Austin, TX, for Defendants-Appellees.

Before TJOFLAT and MARCUS, Circuit Judges, and VINSON, District Judge.


TJOFLAT, Circuit Judge:

Three publishing houses, Cambridge University Press, Oxford University Press, and Sage Publications, Inc. (collectively, "Plaintiffs") allege that members of the Board of Regents of the University System of Georgia and officials at Georgia State University ("GSU") (collectively, "Defendants") infringed Plaintiffs' copyrights by maintaining a policy which allows GSU professors to make digital copies of excerpts of Plaintiffs' books available...

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