The Copyright Board has just issued an interesting
procedural ruling dated October 25, 2016 in the Access Copyright (“AC”) Post-Secondary
case. Essentially, in response to a request from the Board, AC wanted to file an
exhibit containing certain information on revenues from certain universities from
2011-2015 on a confidential basis. The lone surviving intervenor, Mr. Sean
Maguire, objected to the treatment of this information as
confidential. The Board agreed with Mr. Maguire and further ruled that AC could
not withdraw the exhibit in question. The Board’s ruling of October
25, 2016 gave AC until October 31, 2016 to “initiate any
recourse that is sees fit”.
AC, to its credit, or perhaps because it
recognized the virtually certain futility of any “recourse”, promptly indicated on October
26, 2016, that it “does not intend to
initiate any recourse regarding the Board's decision to deny the confidential
designation of Exhibit AC-50D, We will now send Exhibit AC-50D to Mr. Maguire.”
So,
this is now on the public record. Here is the spreadsheet of the amounts paid by
37 universities from 2011 – 2015, including FTE data and amounts paid per FTE.
This is a refreshing ruling from the Board, which has arguably too often in the past been too quick to treat as confidential information that should be on the public record.
HPK
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