Cambridge University Press v. Patton
[1] The plaintiffs claimed that Georgia State University engaged in "systematic, widespread and unauthorized copying and distribution of a vast amount of copyrighted works" through its e-reserves system.[4] In a subsequent decision the court deemed that Georgia State University was the prevailing party and ordered the plaintiffs to pay GSU's attorney's fees.[8] On 31 March 2016, the lower court issued its decision on remand, finding this time 4 of 49 to be infringements, and again awarding costs and attorneys' fees to Georgia State University as the prevailing party.The case concluded on 29 September 2020, when "Judge Orinda Evans declared GSU to be the prevailing party after finding the plaintiff publishers succeeded in establishing copyright infringement in just 10 of 99 claims brought to trial.[12] On 1 October 2010, Judge Orinda Evans granted summary judgment in favor of Georgia State on the claims of direct and vicarious infringement.[18] The District Court distinguished the university, a nonprofit educational institution directly serving its users, from the commercial copyshops found to have infringed copyright in two cases in the early 1990s."[19][20] Barbara Fister, a librarian at Gustavus Adolphus College, has suggested that the plaintiffs have lost sight of their missions, which include furthering education and scholarship.[21] Kevin Smith, the director of scholarly communications at Duke University, has said that a broad holding in the plaintiffs' favor would have "catastrophic consequences," either limiting the information that students can read or greatly increasing the cost of higher education.[22] Both Fister and Smith also suggest that a narrow interpretation of fair use could lead more professors and academic authors to embrace the open access movement."[32] The publishers had argued that the District Court had erroneously shifted the burden of proof to plaintiffs on the question of license availability, but the 11th Circuit found no error on this point.