Plaintiffs’ Statement Following Oral Argument In Appeal Against GSU Ruling
Oral Argument Heard Today in Eleventh Circuit Court
“The US Circuit Courts of Appeals exist to review decisions of the federal District Courts when litigants believe the lower courts have issued rulings based on errors of law or mistakes of material fact. We have appealed to the Eleventh Circuit Court because we believe that Judge Evans made errors of law and ignored key material facts in the evidentiary record established by the parties’ documentary submissions and in the trial itself.
“Anti-copyright advocates have depicted the case as simply about a handful of specific ‘fair use’ determinations that we were permitted to challenge under Judge Evans’ construction of the case. That depiction is wrong. This case was brought to target GSU’s systematic abuse of the e-reserve system, avoiding payment for the non-transformative use of copyrighted works under the guise of fair use, and to protect the intellectual property rights of authors and publishers who produce high-quality educational materials on which colleges and universities depend.”