Cornell University
Office of University Counsel
and Secretary of the Corporation

300 CCC Building
Garden Avenue
Ithaca, New York 14853-2601
t. 607.255.5124
f. 607.255.2794
(not for service of pleadings)

  November 20, 2006

Douglas R. McKusick
Staff Attorney
The Rutherford Institute
P.O. Box 7482
Charlottesville, VA 22906-7482

Re: arXiv Access/Robert Gentry

Dear Mr. McKusick:

I am writing in response to your letter dated November 3, 2006 to President David J. Skorton and copied to University Librarian Sarah E. Thomas and Professor Paul Ginsparg. As you know, Cornell University is a private university. Although your client may wish to publish his work using Cornell facilities, the University may decide – at its discretion – whether any submission meets its academic standards for publication.

Because your client previously had different counsel, you may not be aware that he previously challenged Cornell's decision not to publish his work in the matter of Robert Gentry v. Cornell University et al., United States District Court, Eastern District of Tennessee, 3:02-cv-00480. The court granted Cornell's motion to dismiss and entered judgment dismissing the lawsuit on March 23, 2004.

In any event, Cornell University is now represented in this matter. Please direct any further communications concerning the matters raised in your letter to the undersigned.

  Very truly yours,

Nelson E. Roth
Deputy University Counsel


cc: President David J. Skorton
University Counsel James J. Mingle
University Librarian Sarah E. Thomas
Professor Paul H. Ginsparg


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