Kevin Smith has published "Steps toward a New GSU Ruling" in Scholarly Communication @ Duke University.
Here's an excerpt:
It appears that once again the publishers have failed in an effort to broaden the scope of the case beyond the item-by-item fair use analysis that has already been done and to possibly reintroduce some of the broad principles that they really want, which have so far been rejected at every stage. Now Judge Evans has explicitly told them, in her scheduling order, that what is required is "consideration and reevaluation of each of the individual claims" in order to redetermine "in each instance… whether defendants' use was a fair use under 17 U.S.C. section 107." Her schedule for the briefs is tight, with an end of the briefing now scheduled just two and a half months from now. Presumably we would still have a long wait while Judge Evans applies revised reasoning about fair use to each of the individual excerpts, but it looks a bit more like that is what is going to happen.
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