Court Rejects Publishers’ Latest Appeal in GSU Copyright Case
"The Eleventh Circuit Court of Appeals has rejected an unusual bid by the three publisher plaintiffs in the Georgia State University copyright case to have the case reheard 'en banc' by the full Eleventh Circuit—despite the fact that a three-judge panel handed them a victory last October when it unanimously reversed a 2012 district court verdict against them. The court declined the publishers’ motions for a rehearing last Friday, without comment. The closely-watched case, Cambridge University Press v. Patton (known as the Georgia State University (GSU) e-reserves case) involves what three academic publishers allege was a systematic effort by GSU administrators to use unlicensed digital readings as a no-cost alternative to traditionally licensed coursepacks. In 2012, Judge Orinda Evans ruled against the publishers. But last October, the Eleventh Circuit reversed Evans. While on its face that reversal stands as a legal victory for the publishers, observers were quick to note that the Eleventh Circuit in fact largely rejected the publishers’ core arguments. By petitioning for hearing by the full Eleventh Circuit, the publishers appeared to agree ..."