What a stretch of four months it has been!
First, in July, we had the ruling in the Georgia State lawsuit affirming that most of the excerpts for teaching that were challenged as copyright infringement were actually fair use. The decision is being appealed, but libraries go in to that appeal on the winning side, which is always the better place to be.
Then, last week we learned that the lawsuit filed against UCLA over digital streamed video had been dismissed for the second time. The dismissal, so far, is only noted in the minutes taken by the Clerk of the Court during a hearing, which are filed in the docket. So we do not know why the case was dismissed, although it seems to be the same reasons the first one was — because the groups bringing the suit either do not own the rights they are trying to enforce or already granted a license broad enough to cover the use they now object to. More importantly, we do not yet know if the dismissal was with prejudice or without, meaning whether or not the plaintiffs will be allowed to refile the case again.
See on blogs.library.duke.edu