New Ruling in Georgia State University E-Reserves Copyright Case

Posted in Copyright, Digital Copyright Wars, E-Reserves on October 3rd, 2010

U.S. District Judge Orinda Evans has issued a ruling about the defendants' and plaintiffs' motions for summary judgment in the Cambridge University Press et al. v. Patton et al. case.

Here's an excerpt:

Overall, the evidence presented does not indicate that Defendants "profited directly from" or "had a direct financial interest in" the infringement alleged by Plaintiffs. There is absolutely no evidence in the record showing that Georgia State benefitted financially from the alleged infringements. At most, if the Court takes the inferential steps suggested by Plaintiffs, any benefit the infringement provides to students constitutes "just an added benefit" rather than a clear "draw" to Georgia State. Therefore, the Court GRANTS Defendants' Motion for Summary Judgment as to the third claim, vicarious copyright infringement and DENIES Plaintiffs' Motion for Summary Judgment as to the third claim. . . .

The record before the Court on the motions for summary judgment does not speak to the question of whether in practice the Current Policy is encouraging improper application of the fair use defense. The Court therefore DENIES both Defendants' and Plaintiffs' motions for summary judgment as to the contributory infringement claim. . . .

Going forward, in order to show that Defendants are responsible for the copyright infringements alleged in this case, Plaintiffs must show that the 2009 Copyright Policy resulted in ongoing and continuous misuse of the fair use defense. To do so, Plaintiffs must put forth evidence of a sufficient number of instances of infringement of Plaintiffs' copyrights to show such ongoing and continuous misuse. Defendants will have the burden of showing that each specified instance of 2009 Copyright Policy infringement was a fair use. Both sides will be limited to the list of claimed infringements produced in response to the Court's August 11, 2010 and August 12, 2010 orders. The parties are DIRECTED to confer and determine whether further discovery is needed before resolving the remaining contributory infringement claim. Within twenty (20) days, the parties shall present a proposed scheduling order.

Read more about it at "Going Forward with Georgia State Lawsuit."

Be Sociable, Share!

    Daily Tweets 2010-10-03

    Posted in Current News: DigitalKoans Twitter Updates on October 3rd, 2010
    Be Sociable, Share!

      Daily Tweets 2010-10-01

      Posted in Current News: DigitalKoans Twitter Updates on October 1st, 2010
      Be Sociable, Share!

        Library Application Administrator (Systems Specialist) at University of Kansas

        Posted in Digital Library Jobs, Library IT Jobs on September 30th, 2010

        The University of Kansas Libraries are recruiting a Library Application Administrator (Systems Specialist).

        Here's an excerpt from the ad:

        This position reports to the Manager, Library Applications and works as part of a team of library technology professionals who manage foundational library and scholarly systems and accompanying application services within KU Libraries.

        KU Libraries' management and scholarly applications are built on both vendor and open source products that include Voyager, ILLiad, Luna Insight, DSpace, Open Journal Systems, XTF (the Extensible Text Framework), EZProxy, the CNRI Handles Server, web servers, and various applications developed in-house. These systems are core to the mission of KU Libraries and provide services to support teaching, learning and research at the university. Application support underpins a variety of services that our faculty, staff, and students depend on every day: the library catalog, interlibrary loan and document delivery services, KU ScholarWorks as our open access institutional repository, digital publishing and data services, and access to rich visual resources, online collections, and physical materials.

        Application administration responsibilities include oversight for all aspects of application administration including systems planning, application upgrades, configuration, maintenance, integration, quality assurance and testing, and support for library staff responsible for service delivery. Teamwork is required. In some cases, this position will work closely with the other technology specialists in KU Libraries or campus IT staff to manage technology services effectively for KU Libraries.

        Be Sociable, Share!

          Self-Archiving Study: PEER Annual Report—Year 2

          Posted in Open Access, Publishing, Reports and White Papers, Self-Archiving on September 30th, 2010

          The PEER (Publishing and the Ecology of European Research) project has released PEER Annual Report—Year 2.

          Here's an excerpt from the press release:

          Reporting on the past 12 months of activity in this ground breaking collaboration between publishers, repositories and the research community investigating the effects of Green Open Access, the PEER Annual Report highlights the complexity of the infrastructure required for PEER and the substantial progress achieved towards the project’s objectives.

          To simulate the large-scale, systematic depositing of authors’ final peer-reviewed manuscripts accepted for journal publication, 12 participating publishers are providing content and associated metadata from 241 participating journals. Half of the manuscripts are being submitted directly to PEER, while for the other half, authors are invited by publishers to self-deposit into the project.

          All submitted content is being received by the PEER Depot, a central repository created specifically for the project by INRIA, which undertakes filtering for EU research content, metadata matching and transformations, and embargo management prior to distribution to participating repositories.

          By the end of year 2 (August 2010), almost 25,000 unique publisher provided manuscripts had been processed by the PEER Depot, resulting in 10,000 EU manuscripts after processing (some still under embargo), with embargo expired manuscripts distributed to participating repositories.

          The three areas of usage, economic and behavioural research commissioned by PEER are well underway, with the Baseline Behavioural Report already publicly available from the PEER website.

          Be Sociable, Share!

            New Shared Support Membership Option from BioMed Central

            Posted in Open Access, Publishing on September 30th, 2010

            BioMed Central now offers a Shared Support Membership option.

            Here's an excerpt from the press release:

            Today, BioMed Central officially announced the launch of Shared Support Membership — a new and innovative Membership package for institutions that want to provide financial support for their researchers open access publications, but at the same time manage their expenditure.

            Whilst many institutes encourage their researchers to publish in open access journals, with limited publication budgets, it is often a complicated process to apportion the right amount of funds to cover Article Processing Charges (APC’s). To alleviate some of the financial burdens, Shared Support combines the best of BioMed Central’s other Membership types (Prepay and Supporter) and splits the costs of publishing with BioMed Central down the middle — the institute pays 50% and the submitting author pays the remaining 50%.

            This new Membership type therefore offers a more balanced, easier way to handle the cost associated with open access publication. It also allows both parties to benefit from significant discounts of between 5-15% depending on how much funding the institute decides to pre-pay into their Membership account.

            There is no joining fee for Shared Support Membership. Members can also immediately benefit from the supply of automated repository feeds using SWORD, which ensure that any articles published in BioMed Central journals will be automatically deposited into their institutional repositories.

            Be Sociable, Share!

              ARL and Ithaka S+R Get $464,286 IMLS Grant for Digitized Special Collections Research

              Posted in ARL Libraries, Digital Archives and Special Collections, Grants on September 30th, 2010

              ARL and Ithaka S+R have received a $464,286 grant from the Institute of Museum and Library Services National Leadership Grants Program “to study how libraries, archives, and museums are sustaining digitized special collections.”

              Here's an excerpt from the press release:

              "Our examination of digital resources through our case studies work showed us that project leaders need practical tools to help them ensure their project's long-term sustainability," says Laura Brown, Managing Director, Ithaka S+R. "This collaborative study will respond to that need by providing actionable recommendations, best practices, and planning tools to help project leaders in higher education, public libraries, museums, historical societies, and other organizations plan for sustaining their own special collections digitization projects."

              Project activities under this cooperative agreement will include a survey of digitized special collections and focused interviews with leaders and project staff in selected cultural heritage organizations who manage those collections. The study’s final report of lessons learned, recommendations, and case studies will be freely shared through the partners’ websites, through a webcast, and conference presentations.

              Be Sociable, Share!

                Daily Tweets 2010-09-30

                Posted in Current News: DigitalKoans Twitter Updates on September 30th, 2010
                Be Sociable, Share!

                  Page 435 of 848« First...102030...433434435436437...440450460...Last »

                  DigitalKoans

                  DigitalKoans

                  Digital Scholarship

                  Copyright © 2005-2014 by Charles W. Bailey, Jr.

                  Creative Commons License

                  This work is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License.