From the beginning, this case has always centered around clarifying the balance embodied in fair use. The court recognized that Georgia State University's policies and practices did not reflect the correct balance. In contrast to GSU, we have seen other academic institutions employ a more reasonable approach to fair use and exhibit a greater respect for the intellectual property they use.
We are nevertheless disappointed with aspects of the court’s decision and in particular the fair use analysis it employed. Some of its mistakes on the law and facts led the court to find more extensive fair uses than we believe were warranted.
We look forward to continuing work with the academic and publishing communities to ensure that high-quality learning materials will remain available in the future and will be accompanied by efficient and accessible licensing solutions, particularly in relation to digital content. We are pleased that the court viewed CCC as playing an effective role in that process.