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Einstein's Notes sued for copying lectures, material
By KATIE SANDERS, Alligator Writer
Einstein's Notes is facing a lawsuit for allegedly selling notes from a UF professor's lectures without permission.
Faulkner Press, the software company used to supplement courses, filed the 63-page federal lawsuit on Tuesday against Einstein's Notes, a Gainesville business that sells class notes taken by student employees.
Jim Sullivan, a Gainesville attorney representing Faulkner Press in the city's U.S. district court, said note-takers hired by Einstein's have copied lecture notes from UF professor Michael Moulton without permission since 2007.
Faulkner Press, the software company used to supplement courses, filed the 63-page federal lawsuit on Tuesday against Einstein's Notes, a Gainesville business that sells class notes taken by student employees.
Jim Sullivan, a Gainesville attorney representing Faulkner Press in the city's U.S. district court, said note-takers hired by Einstein's have copied lecture notes from UF professor Michael Moulton without permission since 2007.
Moulton teaches Wildlife Issues in a Changing World and Biodiversity Conservation: Global Perspectives, a large lecture class that requires students to buy electronic textbooks printed by Faulkner.
The lawsuit also accuses Einstein's Notes of copying practice questions from Moulton's Web site and software published by Faulkner for student handouts.
Thomas Bean, owner of Einstein's, said he heard about the lawsuit when reporters called him Tuesday and could not comment on the complaint.
Bean said he comes to Gainesville once a month and handles much of his business by phone. He said he's currently on vacation with his family in the British Virgin Islands.
He has 20 days to respond to the lawsuit, Sullivan said.
"What can I do? I'm in the middle of the ocean," Bean said. "When I get back in the country, I can move on from there."
Sullivan said he issued a cease-and-desist letter to Bean in February, asking that printed materials used to prepare students for tests be removed.
Sullivan said Bean politely told him that Einstein's operations are legal.
But Sullivan said it's a misconception - one he has waited 12 years to clarify.
In 1996, UF filed a lawsuit against a similar company called A-Plus Notes, claiming the company infringed on professors' copyrights by publishing lecture notes.
UF lost the suit because the U.S. Court of Appeals ruled that students' notes are not professors' intellectual property.
"Of course, we have studied that case very carefully, and we stand on their shoulders," Sullivan said. "We've been very careful to wait this long and wait for the right time and the right facts."
Bean said he insists that his services are legal as deemed by the court in 1996.
"The federal courts already ruled upon it," he said. "Like I said, we've been doing this for 16 years."
The lawsuit also accuses Einstein's Notes of copying practice questions from Moulton's Web site and software published by Faulkner for student handouts.
Thomas Bean, owner of Einstein's, said he heard about the lawsuit when reporters called him Tuesday and could not comment on the complaint.
Bean said he comes to Gainesville once a month and handles much of his business by phone. He said he's currently on vacation with his family in the British Virgin Islands.
He has 20 days to respond to the lawsuit, Sullivan said.
"What can I do? I'm in the middle of the ocean," Bean said. "When I get back in the country, I can move on from there."
Sullivan said he issued a cease-and-desist letter to Bean in February, asking that printed materials used to prepare students for tests be removed.
Sullivan said Bean politely told him that Einstein's operations are legal.
But Sullivan said it's a misconception - one he has waited 12 years to clarify.
In 1996, UF filed a lawsuit against a similar company called A-Plus Notes, claiming the company infringed on professors' copyrights by publishing lecture notes.
UF lost the suit because the U.S. Court of Appeals ruled that students' notes are not professors' intellectual property.
"Of course, we have studied that case very carefully, and we stand on their shoulders," Sullivan said. "We've been very careful to wait this long and wait for the right time and the right facts."
Bean said he insists that his services are legal as deemed by the court in 1996.
"The federal courts already ruled upon it," he said. "Like I said, we've been doing this for 16 years."
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23 comment(s) |
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The following are comments from the readers.
balloons wrote on Apr 2, 2008 7:24 PM:
" I have taken Wildlife Issues in the past, and the course is great... for an easy A. The material presented in the electronic textbook is impossible to memorize or comprehend because the material presented in class and on that textbook are completely independent of each other. The intricate details are absurd and useless. Most of the class is interesting but the tests do not pertain enough to the material he lectures, so Einstein Notes are essential. I think that Moulton is out of line. He still gets his money from the mandatory electronic textbooks we must purchase in order to complete assignments for the class. Passing this class without the aid of an outside source is near impossible due the ridiculous subject matter of the tests. "
cimino21 wrote on Apr 2, 2008 7:45 PM:
" Moulton is definitely out of line. I took wildlife issues and feel exactly as the commenter above stated about this class. Einstein notes is doing nothing wrong. "
bree2007ek wrote on Apr 2, 2008 7:50 PM:
" I took the Biodiversity Conservation class last semester to fill general education requirements. Most of the material was useless for my particular major, therefore I will never benefit from the material. I took the class for an "A" and as a general education "filler" class, and Einstein Notes helped me obtain the grade that I wanted. I think the lawsuit is pointless because Einstein Notes was not hurting Faulkner by producing these "summarized notes" to help students get the grade they want. Faulkner publishing only wants a piece of the income from the notes, which is absurd considering they already charge every student $80 for MANDATORY class material (a cd-rom that you must use in order to do assignments and take tests). If you ask me, the publisher shouldn't be anymore concerned about making more money....they are already ripping off the students, they don't need to rip off other businesses too. "
skylar wrote on Apr 2, 2008 8:29 PM:
" Einstein Notes is the best way at UF to organize thoughts and develop good stratagies for test taking. This is crazy that he filled a law suit! He is just a professor that is out to make his class not do well. It is soo hard to get help if you need it and having the Einstein Notes lets you go back and see what the professor said about that subject. Totally out of line to have sued!!! "
GeneralissimoFranco wrote on Apr 2, 2008 8:51 PM:
" This law suit is ridiculous. So much so, I made a Facebook group called: "Boycott Faulkner Press (Save Einstein's Notes)"
Join it!
I will not sign up for any course that requires Faulkner Press material (mostly because I'm graduating this semester lol). Maybe we could change their mind a bit by getting the word out that we don't appreciate them trying to bully Einstein's Notes. "
Join it!
I will not sign up for any course that requires Faulkner Press material (mostly because I'm graduating this semester lol). Maybe we could change their mind a bit by getting the word out that we don't appreciate them trying to bully Einstein's Notes. "
gatorgirl wrote on Apr 2, 2008 9:23 PM:
" I think suing Einstein Notes is stupid. The only reason people take those classes is because they can buy the Einstein Notes and get an A. Without those notes, a lot less people will take the classes and Faulkner will probably lose money. They are only hurting themselves. "
opti7872 wrote on Apr 2, 2008 10:18 PM:
" Yea that course is RIDICULOUS, Moulton's lectures are almost a 180 from what's on the tests not because the material is that much different (there are some applicable things), but he delivers the information in the lectures in a format that in no way possible can translate to the correct answer. While he talks about prairie dogs, he doesn't necessarily give the information about prairie dogs that the tests ask. Nobody takes that class for the information, they take it for the gen ed requirement and the GPA booster, So either moulton's ego is hurting, or he's out to make his students fail, either way, if they win the lawsuit, no one will take the class, and Moulton will lose his students and Faulkner Press will loose money. Einstein's Notes is a respectable and god worthy establishment. I got my A in Wildlife, and proud of it. "
bgriese wrote on Apr 2, 2008 10:22 PM:
" This lawsuit is absolutely ridiculous. Faulkner is just trying to rip off students even more. No student should ever be forced to spend a mandatory fee for a computer program after already paying for tuition, especially when there is no way to sell the cd back. The only reason moulton is suing is because he would probably be out of a job if uf ever realized how ridiculous his class really is. Einstein notes has done nothing but provide already stressed out college kids with an oppurtunity to do well on a test if they didn't gather the proper material from class. It's not unlawful or cheating if all students have the same material to study from. "
gatorgal24 wrote on Apr 2, 2008 11:39 PM:
" The lawsuit against Einstein Notes is completely out of hand. In many classes offered at UF, an outside source is absolutely necessary to get all your thoughts in order. It shouldn't be used as subsitute to going to class, but as a way to compare notes, which is what I use them for. Without these notes, hundreds of students would have nothing to base their notes against and might otherwise end up getting a lower score on a test than they would have if provided with the notes. "
laudahh5 wrote on Apr 3, 2008 1:16 AM:
" When I hear about this lawsuit, I was appalled. Einstein Notes is one of the best creations for such a difficult school like UF and for stressed out kids who need to keep their notes in order. Einstein Notes is used as a supplement to studying. I myself have horrible handwriting and half the time my notes are Gibberish. Einstein Notes puts it into perspective and organizes every topic perfectly to get a better idea of the bigger picture. I should also point out that Einstein Notes is not a cheat sheet. no one is whispering answers in our ears. We're still studying and learning all the material. I did learn a lot in Wildlife.... not from the teacher's monotone rambling... but from studying the notes.
"
"
arpeggio wrote on Apr 3, 2008 3:21 AM:
" How can you even initiate this litigation without damages? The CD is required for completing online tests and quizzes, which make up a huge portion of the final grade. Every student who intends on passing that class will have the CD/Coursepack combo, regardless of supplements outside of that.
It logically follows that if everyone has the CD, the amount of notes purchased from 3rd-party sources wouldn't even matter, as there is no damage (losses in CD sales) being done to Faulkner...
Am I missing something?
"
It logically follows that if everyone has the CD, the amount of notes purchased from 3rd-party sources wouldn't even matter, as there is no damage (losses in CD sales) being done to Faulkner...
Am I missing something?
"
ForEinstein wrote on Apr 3, 2008 9:25 AM:
" A similar thread runs between the new Faulkner Press lawsuit and the price I pay for those Faulkner Press CD packages at the beginning of the semester—lots of money. Even though Faulkner loses no money through the selling of Einstein notes (as stated in the comment above) they do stand to gain a huge sum of money if the outcome of this lawsuit swings in their favor.
Faulkner Press just leave us alone! "
Faulkner Press just leave us alone! "
realdusi wrote on Apr 3, 2008 11:42 AM:
" Gogators2000, are you re-tar-ded or does the law just not apply to you? I wish I could tell a police officer that yea technically I violated some law, but you're only looking to make money off me. Laws are there to protect people. If you don't like laws, petition your congressman, not those involved in lawsuits.
Anyone who calls Einstein Notes essential or god worthy irks me. Now I'm not a religious person, but how is a store that sells school notes god worthy? I thought that's what churches were for.
Einstein Notes pays students to go to lecture and take notes. So if students are taking these notes and selling them to Einstein's there's really no reason why you can't get them yourself.
Buying preprinted notes may be a good way to have supplemental notes or notes to compare yours to, but I thought that's what going to class, interacting with other students and forming study groups was for. I don't need to buy preprinted notes, I meet up with students from class and compare notes with them. This way I make a new friend or study buddy and save myself $12. "
Anyone who calls Einstein Notes essential or god worthy irks me. Now I'm not a religious person, but how is a store that sells school notes god worthy? I thought that's what churches were for.
Einstein Notes pays students to go to lecture and take notes. So if students are taking these notes and selling them to Einstein's there's really no reason why you can't get them yourself.
Buying preprinted notes may be a good way to have supplemental notes or notes to compare yours to, but I thought that's what going to class, interacting with other students and forming study groups was for. I don't need to buy preprinted notes, I meet up with students from class and compare notes with them. This way I make a new friend or study buddy and save myself $12. "
James Sullivan wrote on Apr 3, 2008 2:23 PM:
" On the evening of April 2nd, Einstein's Notes circulated the following e-mail, quoted below in full (simply copied as sent):
*************************************
Dear ,
Well as you may have seen, Professor Moulton is sueing Einsteins Notes for producing notes for WIS 2040 and 2552 which we create to help you get the "A" you want on the exams. Being a valued customer of ours now or in the past, we hope you could show your support by going to www.alligator.org not (".com" as stated in the last email) and clicking on the article about this and leaving a comment about the issue.
Remember "Be an Einstein, We can help"
Einsteins Notes
1702 W University Ave F1
Gainesville, FL
32603
*************************************
"
*************************************
Dear ,
Well as you may have seen, Professor Moulton is sueing Einsteins Notes for producing notes for WIS 2040 and 2552 which we create to help you get the "A" you want on the exams. Being a valued customer of ours now or in the past, we hope you could show your support by going to www.alligator.org not (".com" as stated in the last email) and clicking on the article about this and leaving a comment about the issue.
Remember "Be an Einstein, We can help"
Einsteins Notes
1702 W University Ave F1
Gainesville, FL
32603
*************************************
"
James Sullivan wrote on Apr 3, 2008 2:59 PM:
" On the evening of April 2nd, Einstein's Notes circulated the following e-mail, quoted below in full (simply copied as sent):
*************************************
Dear ,
Well as you may have seen, Professor Moulton is sueing Einsteins Notes for producing notes for WIS 2040 and 2552 which we create to help you get the "A" you want on the exams. Being a valued customer of ours now or in the past, we hope you could show your support by going to www.alligator.org not (".com" as stated in the last email) and clicking on the article about this and leaving a comment about the issue.
Remember "Be an Einstein, We can help"
Einsteins Notes
1702 W University Ave F1
Gainesville, FL
32603
*************************************
"
*************************************
Dear ,
Well as you may have seen, Professor Moulton is sueing Einsteins Notes for producing notes for WIS 2040 and 2552 which we create to help you get the "A" you want on the exams. Being a valued customer of ours now or in the past, we hope you could show your support by going to www.alligator.org not (".com" as stated in the last email) and clicking on the article about this and leaving a comment about the issue.
Remember "Be an Einstein, We can help"
Einsteins Notes
1702 W University Ave F1
Gainesville, FL
32603
*************************************
"
genius wrote on Apr 3, 2008 7:11 PM:
" You people are nothing but low life lazy criminals. Why do you do the work yourself and earn the grades instead of paying someone else to do your work for you. "
trillcut21 wrote on Apr 3, 2008 8:25 PM:
" I think that this is a totally bogus lawsuit. I mean Einstein Notes is almost the only way to study for this class. The material that we're tested on isn't given in the class. Not only that, just because you buy those notes doesn't mean you'll automatically pass the exams. I understand that most people do, but there really is no other way to study for such an unorganized course. "
nonenone wrote on Apr 4, 2008 3:58 AM:
" Check this out:
Faulkner Press is not a national publisher. It's only at UF. actually gets $1,000,000 per year from UF students by making them buy the CDs.
And guess what? The teachers get kickbacks. Moulton even admitted it in signed documents for UF!!!
Just see pages 3-4 ,6, 45, 94 of Ryan Moseley's 2 year old report about Faulkner for proof!
download it here:
http://www.mediafire.com/?tro3kmm7c1g
Why doesn't the alligator write an article about how UF should have stopped this a LONG time ago?
You should all email:
Machen: president@ufl.edu
Head of Faculty Senate: facultysenatechair@ufl.edu
Editor: csmith@alligator.org
And ask them why they haven't done anything? "
Faulkner Press is not a national publisher. It's only at UF. actually gets $1,000,000 per year from UF students by making them buy the CDs.
And guess what? The teachers get kickbacks. Moulton even admitted it in signed documents for UF!!!
Just see pages 3-4 ,6, 45, 94 of Ryan Moseley's 2 year old report about Faulkner for proof!
download it here:
http://www.mediafire.com/?tro3kmm7c1g
Why doesn't the alligator write an article about how UF should have stopped this a LONG time ago?
You should all email:
Machen: president@ufl.edu
Head of Faculty Senate: facultysenatechair@ufl.edu
Editor: csmith@alligator.org
And ask them why they haven't done anything? "
James Sullivan wrote on Apr 4, 2008 2:48 PM:
" Mr. or Ms. 'nonenone,'
If you're so sure of your facts, why post anonymously?
Faulkner is "only at UF"? That is simply not true.
Faulkner "actually gets $1,000,000 per year from UF students"? Also simply not true.
In his so-called "investigation," Ryan Moseley betrayed the public trust he has sought by compiling a blatantly one-sided advocacy piece. Moseley did not seek any information (zero) from any professor who publishes through Faulkner Press or from Faulkner Press itself. His two-year-old publication, which you cite as "proof," has only a casual relationship with the facts.
These days, it's easy to defame other people on the internet anonymously. Are you prepared to stand behind your public assertions? If what you say is true, then you have nothing to fear. Do you have an interest in the outcome of the Einstein's lawsuit? Who are you?
Let us hope that, eventually, the truth will out.
"
If you're so sure of your facts, why post anonymously?
Faulkner is "only at UF"? That is simply not true.
Faulkner "actually gets $1,000,000 per year from UF students"? Also simply not true.
In his so-called "investigation," Ryan Moseley betrayed the public trust he has sought by compiling a blatantly one-sided advocacy piece. Moseley did not seek any information (zero) from any professor who publishes through Faulkner Press or from Faulkner Press itself. His two-year-old publication, which you cite as "proof," has only a casual relationship with the facts.
These days, it's easy to defame other people on the internet anonymously. Are you prepared to stand behind your public assertions? If what you say is true, then you have nothing to fear. Do you have an interest in the outcome of the Einstein's lawsuit? Who are you?
Let us hope that, eventually, the truth will out.
"
brittany88 wrote on Apr 9, 2008 12:08 AM:
" The einstein notes only copy and paste the faulkner practice assessment questions and answers into the packet. They supplement the packet with the movie questions and answers which are given out in class in an idiot proof, fill in the blank packet. Then the test is a combination of the two, an online reiteration of exact questions from the faulkner assessments and movie packets. It is impossible not to get an a on these tests. If Einstein's doesn't print the packet for this test the students can easily make their own version. Moulton is suing for non existent "intellectual material" get this, he does not teach. Im not even sure if he stays awake for his movies, or if he even stays at all. This class is BS, which is great for non science majors looking for an easy biological science credit, but if Moulton or Faulkner press, for that matter gave a crap they would teach a real class (now that is something to sue about, how boout it students?) "
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gogators2000 wrote on Apr 2, 2008 2:48 PM:
Though it might be true that Einsteins has technically violated some law, the only reason this suit exists is that - somehow - its another way for Keith to screw students out of more money. "