UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`UNIFIED PATENTS, LLC,
`
`Petitioner
`
`v.
`
`MICROPAIRING TECHNOLOGIES LLC,
`
`Patent Owner
`
`IPR2021-01557
`
`U.S. Patent No. 8,953,816
`
`DECLARATION OF SYLVIA HALL-ELLIS, PH.D.
`
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`I, Sylvia D. Hall-Ellis, Ph.D., declare as follows:
`
`I.
`
`INTRODUCTION
`1.
`My name is Sylvia D. Hall-Ellis. I have been retained as an expert by
`
`Unified Patents, LLC who I am informed is a petitioner to this IPR proceeding (“the
`
`Petitioner”).
`
`2.
`
`I have written this declaration at the request of the Petitioner to provide
`
`my expert opinion regarding the public availability and authenticity of “Bluetooth-
`
`based Wireless Connectivity in an Automotive Environment” by René Nüsser and
`
`Rodolfo Mann Pelz (“Nüsser”). My Declaration sets forth my opinions in detail and
`
`provides the basis for my opinions regarding the authenticity and public availability
`
`of this publication. If called to testify in the above-captioned matter, I will testify
`
`with regard to the opinions and bases set forth below.
`
`3.
`
`I reserve the right to supplement or amend my opinions, and bases for
`
`them, in response to any additional evidence, testimony, discovery, argument, and/or
`
`other additional information that may be provided to me after the date of this
`
`Declaration.
`
`4.
`
`I am being compensated for my time spent working on this matter at
`
`my normal consulting rate of $300 per hour, plus reimbursement for any additional
`
`reasonable expenses. My compensation is not in any way tied to the content of this
`
`report, the substance of my opinions, or the outcome of this proceeding. I have no
`
`1
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`other interests in this proceeding or with any of the parties.
`
`5.
`
`All of the materials that I considered and relied upon are discussed
`
`explicitly in this declaration.
`
`II. QUALIFICATIONS
`6.
`I am currently an Adjunct Professor in the School of Information at San
`
`José State University in San José, California. I obtained a Masters of Library
`
`Science from the University of North Texas in 1972 and a Ph.D. in Library Science
`
`from the University of Pittsburgh in 1985. Over the last fifty years, I have held
`
`various positions in the field of library and information resources. I was first
`
`employed as a librarian in 1966 and have been involved in the field of library
`
`sciences since, holding numerous positions.
`
`7.
`
`I am a member of the American Library Association (ALA) and its
`
`Association for Library Collections & Technical Services (ALCTS) Division, and I
`
`served on the Committee on Cataloging: Resource and Description (which wrote the
`
`new cataloging rules) and as the chair of the Committee for Education and Training
`
`of Catalogers and the Competencies and Education for a Career in Cataloging
`
`Interest Group. I also served as the Chair of the ALCTS Division’s Task Force on
`
`Competencies and Education for a Career in Cataloging. Additionally, I have served
`
`as the Chair for the ALA Office of Diversity’s Committee on Diversity, as a member
`
`of the REFORMA National Board of Directors, and as a member of the Editorial
`
`2
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`Board for the ALCTS premier cataloging journal, Library Resources and Technical
`
`Services. Currently I serve as a Co-Chair for the Library Research Round Table of
`
`the American Library Association.
`
`8.
`
`I have also given over one hundred presentations in the field, including
`
`several on library cataloging systems and Machine-Readable Cataloging (“MARC”)
`
`standards. My current research interests include library cataloging systems,
`
`metadata, and organization of electronic resources.
`
`9.
`
`My full curriculum vitae is attached hereto as Attachment A.
`
`III. PRELIMINARIES
`A.
`Scope of Declaration and Legal Standards
`10.
`I am not an attorney and will not offer opinions on the law. I am,
`
`however, rendering my expert opinion on the authenticity of the documents
`
`referenced herein and on when and how each of these documents was disseminated
`
`or otherwise made available to the extent that persons interested and ordinarily
`
`skilled in the subject matter or art, exercising reasonable diligence, could have
`
`located the documents before the dates discussed below with respect to the specific
`
`documents.
`
`11.
`
`I am informed by counsel that a printed publication qualifies as publicly
`
`accessible as of the date it was disseminated or otherwise made available such that
`
`a person interested in and ordinarily skilled in the relevant subject matter could
`
`3
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`locate it through the exercise of ordinary diligence.
`
`12. While I understand that the determination of public accessibility under
`
`the foregoing standard rests on a case-by-case analysis of the facts particular to an
`
`individual publication, I also understand that a printed publication is rendered
`
`“publicly accessible” if it is cataloged and indexed by a library such that a person
`
`interested in the relevant subject matter could locate it (i.e., I understand that
`
`cataloging and indexing by a library is sufficient, though there are other ways that a
`
`printed publication may qualify as publicly accessible). One manner of sufficient
`
`indexing is indexing according to subject matter category. I understand that the
`
`cataloging and indexing by a single library of a single instance of a particular printed
`
`publication is sufficient, even if the single library is in a foreign country. I
`
`understand that, even if access to a library is restricted, a printed publication that has
`
`been cataloged and indexed therein is publicly accessible so long as a presumption
`
`is raised that the portion of the public concerned with the relevant subject matter
`
`would know of the printed publication. I also understand that the cataloging and
`
`indexing of information that would guide a person interested in the relevant subject
`
`matter to the printed publication, such as the cataloging and indexing of an abstract
`
`for the printed publication, is sufficient to render the printed publication publicly
`
`accessible.
`
`13.
`
`I understand that routine business practices, such as general library
`
`4
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`cataloging and indexing practices, can be used to establish an approximate date on
`
`which a printed publication became publicly accessible.
`
`B.
`14.
`
`Persons of Ordinary Skill in the Art
`I am told by counsel that the subject matter of this proceeding generally
`
`relates to in-vehicle systems that communicate with wireless audio devices.
`
`15.
`
`I have been informed by counsel that a “person of ordinary skill in the
`
`art at the time of the inventions” is a hypothetical person who is presumed to be
`
`familiar with the relevant field and its literature at the time of the inventions. This
`
`hypothetical person is also a person of ordinary creativity, capable of understanding
`
`the scientific principles applicable to the pertinent field.
`
`16.
`
`I am told by counsel that a person of ordinary skill in this subject matter
`
`or art would typically be someone who has had a bachelor’s degree in electrical
`
`engineering, computer science, computer engineering, physics, or a related subject,
`
`and two to three years of work experience in in-vehicle infotainment systems. I have
`
`been further informed by counsel that a person of ordinary skill in the art would have
`
`been familiar with and able to understand the information known in the art relating
`
`to these fields, including the publications discussed in this declaration.
`
`C.
`17.
`
`Use of Authoritative Databases
`In preparing this report, I used authoritative databases, such as the
`
`OCLC bibliographic database and the Library of Congress Online Catalog, to
`
`5
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`confirm citation details of the publication discussed. Unless I note otherwise below
`
`in reference to a specific serial publication, it is my expert opinion that this standard
`
`protocol was followed for the publications discussed in Section V below.
`
`18.
`
`Indexing. A researcher may discover material relevant to his or her
`
`topic in a variety of ways. One common means of discovery is to search for relevant
`
`information in an index of periodical and other publications. Having found relevant
`
`material, the researcher will then normally obtain it online, look for it in libraries, or
`
`purchase it from the publisher, a bookstore, a document delivery service, or other
`
`provider. Sometimes, the date of a document’s public accessibility will involve both
`
`indexing and library date information.
`
`19.
`
`Indexing services use a wide variety of controlled vocabularies to
`
`provide subject access and other means of discovering the content of documents.
`
`The formats in which these access terms are presented vary from service to service.
`
`20. Online indexing services and digital repositories commonly provide
`
`bibliographic information, abstracts, and full-text copies of the indexed publications,
`
`along with a list of the documents cited in the indexed publication. These services
`
`also often provide lists of publications that cite a given document. A citation of a
`
`document is evidence that the document was publicly available and in use by
`
`researchers no later than the publication date of the citing document.
`
`21.
`
`IEEE Xplore. This scholarly research database includes indexes,
`
`6
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`abstracts, and full-text for articles and papers on computer science, electrical
`
`engineering, and electronics. The database mainly covers material from the Institute
`
`of Electrical and Electronics Engineers (IEEE) and the Institution of Engineering
`
`and Technology. The IEEE Xplore digital library provides Web access to more than
`
`4.3-million full-text documents from some of the world's most highly cited
`
`publications. The content comprises over 180 journals, over 1,400 conference
`
`proceedings, more than 3,800 technical standards, over 1,800 eBooks and over 400
`
`educational courses. Approximately 20,000 new documents are added to IEEE
`
`Xplore each month. Abstracts are free to access, but access to full text requires a
`
`subscription or institutional login.
`
`22.
`
`Internet Archive. The Internet Archive is a non-profit digital library
`
`founded in 1996. The Internet Archive maintains an archive of webpages collected
`
`from the Internet using software called a crawler. Crawlers automatically create a
`
`snapshot of webpages as they existed at a certain point in time. The WayBack
`
`Machine is an application using a crawler created by the Internet Archive to search
`
`its archive of Web page URLs and to represent, graphically, the date of each crawler
`
`capture. The Internet Archive captures data that is publicly available. Some sites
`
`are “not archived because they were password protected, blocked by robots.txt, or
`
`otherwise inaccessible to our automated systems. Site owners might have also
`
`requested that their sites be excluded from the WayBack Machine.” Many Internet
`
`7
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`Archive captures made by the WayBack Machine have a banner at the top with the
`
`capture date prominently displayed. Other dates when captures of the same URL
`
`have been made are indicated to the right and left of the date provided in the banner.
`
`Some captures may lack this banner. In any case, the URL for the capture begins
`
`with
`
`the
`
`identification
`
`of
`
`the
`
`Internet Archive
`
`page
`
`(e.g.,
`
`http://web.archive.org/web/) followed by information that dates and time stamps the
`
`capture as follows: year in yyyy, month in mm, day in dd, time code in hh:mm:ss
`
`(e.g., 20071120082013, or November 20, 2007, at 8:20:13 a.m.). These elements
`
`are then followed by the URL of the original capture site. When links are active, the
`
`WayBack Machine is programmed to produce the archived file with the closest
`
`available date (not the closest available prior date) to the page upon which the link
`
`appeared and was clicked. I and other librarian professionals are familiar with the
`
`Internet Archive and the Wayback Machine.1
`
`23.
`
`ResearchGate. A social
`
`networking site
`
`for
`
`scientists
`
`and
`
`researchers to share papers, ask and answer questions, and find collaborators,
`
`ResearchGate is the largest academic social network in terms of active
`
`users, although other services have more registered users, and a 2015–2016 survey
`
`1 For more information about the Internet Archive see the WayBack Machine
`
`FAQ, https://archive.org/about/faqs.php#The_Wayback_Machine.
`
`8
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`suggests that almost as many academics have Google Scholar profiles. Features
`
`available to ResearchGate members include following a research interest and the
`
`work of other individual participants, a blogging feature for users to write short
`
`reviews on peer-reviewed articles, private chat rooms for sharing data, editing
`
`documents, or discussing confidential
`
`topics, and a research-focused job
`
`board. ResearchGate indexes self-published information on user profiles and
`
`suggests members to connect with others who have similar interests. Member
`
`questions are fielded to others who have identified relevant expertise on their
`
`profiles.
`
`24.
`
`In preparing this report, I used authoritative databases, tools, websites,
`
`and documentation, such as the OCLC WorldCat, the Library of Congress Online
`
`Catalog, Cataloger’s Desktop, Classification Web, ResearchGate, IEEE Xplore,
`
`CiteSeerX, and Scopus to confirm details articulated in the responses.
`
`D.
`25.
`
`Summary of Opinions
`I am informed by counsel that the alleged priority date for the patent at
`
`issue is April 24, 2001. As I will explain below, it is my opinion that the Nüsser
`
`publication was publicly accessible before the alleged April 24, 2001, priority date.
`
`IV. LIBRARY CATALOGING PRACTICES
`A. MARC Records
`26.
`I am fully familiar with the library cataloging standard known as the
`
`MARC standard, which is an industry-wide standard method of storing and
`
`9
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`organizing library catalog information. MARC was first developed in the 1960s by
`
`the Library of Congress. A MARC-compatible library is one that has a catalog
`
`consisting of individual MARC records for works made available at that library.
`
`27.
`
`Since at least the early 1970s and continuing to the present day, MARC
`
`has been the primary communications protocol for the transfer and storage of
`
`bibliographic metadata in libraries.2 As explained by the Library of Congress:
`
`You could devise your own method of organizing the bibliographic
`
`information, but you would be isolating your library, limiting its options, and
`
`creating much more work for yourself. Using the MARC standard prevents
`
`duplication of work and allows libraries to better share bibliographic
`
`resources. Choosing to use MARC enables libraries to acquire cataloging data
`
`that is predictable and reliable. If a library were to develop a “home-grown”
`
`system that did not use MARC records, it would not be taking advantage of
`
`an industry-wide standard whose primary purpose is to foster communication
`
`of information.
`
`Using the MARC standard also enables libraries to make use of commercially
`
`available library automation systems to manage library operations. Many
`
`2 A complete history of the development of MARC can be found in MARC: Its
`History and Implications by Henrietta D. Avram (Washington, DC: Library of
`Congress,
`1975)
`and
`available
`online
`from
`the Hathi
`Trust
`(https://babel.hathitrust.org/cgi/pt?id=mdp.39015034388556;view=1up;seq=1; last
`visited August 16, 2021).
`
`10
`
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`systems are available for libraries of all sizes and are designed to work with
`
`the MARC format. Systems are maintained and improved by the vendor so
`
`that libraries can benefit from the latest advances in computer technology. The
`
`MARC standard also allows libraries to replace one system with another with
`
`the assurance that their data will still be compatible.
`
`Why
`
`Is
`
`a MARC Record Necessary? LIBRARY OF CONGRESS,
`
`http://www.loc.gov/marc/umb/um01to06.html#part2 (last visited August 16, 2021).
`
`28.
`
`Thus, almost every major library in the world is MARC-compatible.
`
`See, e.g., MARC Frequently Asked Questions (FAQ), LIBRARY OF CONGRESS,
`
`https://www.loc.gov/marc/faq.html (last visited August 16, 2021) (“MARC is the
`
`acronym for MAchine-Readable Cataloging. It defines a data format that emerged
`
`from a Library of Congress-led initiative that began nearly fifty years ago. It
`
`provides the mechanism by which computers exchange, use, and interpret
`
`bibliographic information, and its data elements make up the foundation of most
`
`library catalogs used today.”). MARC is the ANSI/NISO Z39.2-1994 standard
`
`(reaffirmed in 2016) for Information Interchange Format. The full text of the
`
`standard
`
`is
`
`available
`
`from
`
`the
`
`Library
`
`of
`
`Congress
`
`at
`
`http://www.loc.gov/marc/bibliographic/ (last visited August 16, 2021).
`
`29. A MARC record comprises several fields, each of which contains
`
`specific data about the work. Each field is identified by a standardized, unique,
`
`11
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`three-digit code corresponding to the type of data that follow. See, e.g.,
`
`http://www.loc.gov/marc/umb/um07to10.html (last visited August 16, 2021);
`
`http://www.loc.gov/marc/bibliographic/ (last visited August 16, 2021). For
`
`example, a work’s title is recorded in field 245, the primary author of the work is
`
`recorded in field 100, a work’s International Standard Book Number (“ISBN”) is
`
`recorded in field 020, a work’s International Standard Serial Number (“ISSN”) is
`
`recorded in field 022, and the publication date is recorded in field 260 under the
`
`subfield “c.” Id.3 If a work is a periodical, then its publication frequency is recorded
`
`in field 310, and the publication dates (e.g., the first and last publication) are
`
`recorded in field 362, which is also referred to as the enumeration/chronology field.
`
`See http://www.loc.gov/marc/bibliographic/bd3xx.html (last visited August 16,
`
`2021).4
`
`3 In some MARC records, field 264 is used rather than field 260 to record publication
`information. See http://www.loc.gov/marc/bibliographic/bd264.html (last visited
`August 16, 2021) (“Information in field 264 is similar to information in field 260
`(Publication, Distribution, etc. (Imprint)). Field 264 is useful for cases where the
`content standard or institutional policies make a distinction between functions”).
`4 Upwards of two-thirds to three-quarters of book sales to libraries come from a
`jobber or wholesaler for online and print resources. These resellers make it their
`business to provide books to their customers as fast as possible, often providing
`turnaround times of only a single day after publication. Libraries purchase a
`significant portion of the balance of their books directly from publishers themselves,
`which provide delivery on a similarly expedited schedule. In general, libraries make
`these purchases throughout the year as the books are published and shelve the books
`as soon thereafter as possible in order to make the books available to their patrons.
`Thus, books are generally available at libraries across the country within just a few
`days of publication.
`
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`30.
`
`The library that initially created the MARC record is reflected in field
`
`040 in subfield “a” with that library’s unique library code.
`
` See, e.g.,
`
`http://www.loc.gov/marc/umb/um07to10.html (last visited August 16, 2021);
`
`http://www.loc.gov/marc/bibliographic/ (last visited August 16, 2021). Once a
`
`MARC record for a particular work is originally created by one library, other
`
`libraries can use that original MARC record to then create their own MARC records
`
`for their own copies of the same work. These other libraries may modify or add to
`
`the original MARC record as necessary to reflect data specific to their own copies
`
`of the work. However, the library that created the original MARC record would still
`
`be reflected in these modified MARC records (corresponding to other copies of the
`
`same work at other libraries) in field 040, subfield “a”. The modifying library (or
`
`libraries)
`
`is
`
`reflected
`
`in
`
`field
`
`040,
`
`subfield
`
`“d”.
`
`See
`
`http://www.loc.gov/marc/bibliographic/bd040.html (last visited August 16, 2021).
`
`31.
`
`I
`
`consulted
`
`the
`
`Directory
`
`of
`
`OCLC
`
`Libraries
`
`(http://www.oclc.org/contacts/libraries.en.html; last visited August 16, 2021) in
`
`order to identify the institution that created or modified the MARC record.
`
`Moreover, when viewing the MARC record online via Online Computer Library
`
`Center’s (“OCLC”) bibliographic database, which I discuss further below, hovering
`
`over a library code in field 040 with the mouse reveals the full name of the library.
`
`I also used this method of “mousing over” the library codes in the OCLC database
`
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`to identify the originating and modifying libraries for the MARC records discussed
`
`in this Declaration.
`
`32. MARC records also include one or more fields that show information
`
`regarding subject matter classification. For example, 6XX fields are termed
`
`“Subject Access Fields.” See http://www.loc.gov/marc/bibliographic/bd6xx.html
`
`(last visited August 16, 2021). Among these, for example, is the 650 field; this is
`
`the
`
`“Subject
`
`Added
`
`Entry
`
`–
`
`Topical
`
`Term”
`
`field.
`
`See
`
`http://www.loc.gov/marc/bibliographic/bd650.html (last visited August 16, 2021).
`
`The 650 field is a “[s]ubject added entry in which the entry element is a topical
`
`term.” Id. These entries “are assigned to a bibliographic record to provide access
`
`according to generally accepted thesaurus-building rules (e.g., Library of Congress
`
`Subject Headings (LCSH), Medical Subject Headings (MeSH)).” Id.
`
`33.
`
`Further, MARC records can include call numbers, which themselves
`
`contain a classification number. For example, a MARC record may identify a 050
`
`field, which
`
`is
`
`the
`
`“Library of Congress Call Number.”
`
` See
`
`http://www.loc.gov/marc/bibliographic/bd050.html (last visited August 16, 2021).
`
`A defined portion of the Library of Congress Call Number is the classification
`
`number, and “source of the classification number is Library of Congress
`
`Classification and the LC Classification-Additions and Changes.” Id. Thus, the 050
`
`field may be used to show information regarding subject matter classification. As
`
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`

`another example, a MARC record may identify a 082 field, which is the “Dewey
`
`Decimal
`
`Classification
`
`Number.”
`
` See
`
`http://www.loc.gov/marc/bibliographic/bd082.html (last visited August 16, 2021).
`
`A defined portion of the Dewey Decimal Classification Number is the classification
`
`number, and “source of the classification number is the Dewey Decimal
`
`Classification and Relative Index,” which is published online. Id. Thus, the 082
`
`field may be used to show information regarding subject matter classification
`
`consistent with the Dewey Decimal Classification System.
`
`34.
`
`Each item in a library has a single classification number. A library
`
`selects a classification scheme (e.g., the Library of Congress Classification scheme
`
`just described or a similar scheme such as the Dewey Decimal Classification
`
`scheme) and uses it consistently. When the Library of Congress assigns the
`
`classification number, it appears as part of the 050 field, as discussed above. For
`
`MARC records created by libraries other than the Library of Congress (e.g., a
`
`university library or a local public library), the classification number may appear in
`
`a 09X (e.g., 090) field. See http://www.loc.gov/marc/bibliographic/bd09x.html (last
`
`visited August 16, 2021).
`
`35. When a MARC-compatible library acquires a work, it creates a MARC
`
`record for its copy of the work in its computer catalog system in the ordinary course
`
`of its business. This MARC record (for the copy of a work available at the particular
`
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`library) may be later accessed by researchers in a number of ways. For example,
`
`many libraries, including the Library of Congress, make their MARC records
`
`available through their website. As an example, the MARC record for the copy of
`
`The Unlikely Spy, by Daniel Silva,5 available at the Library of Congress can be
`
`viewed
`
`through
`
`the
`
`Library
`
`of
`
`Congress
`
`website,
`
`at
`
`https://catalog.loc.gov/vwebv/staffView?searchId=20265&recPointer=1&recCount
`
`=25&bibId=2579985 (last visited August 16, 2021). One could, of course, always
`
`physically visit the library at which the work is available, and request to see that
`
`library’s MARC record for the work. Moreover, members of the Online Computer
`
`Library Center (“OCLC”) can access the MARC records of other member
`
`institutions through OCLC’s online bibliographic database, as I explain further
`
`below.
`
`36.
`
`Librarians evaluate sources, costs, and completeness, and local
`
`modifications to determine the sources for MARC records. Catalog librarians and
`
`metadata specialists work with technical specialists at the supplying entity and
`
`develop a profile that sets forth the types of MARC records, data elements that are
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`included, and additional data that need to be added to meet local guidelines and
`
`policies for the bibliographic description of resources. Libraries sometimes enter
`
`5 The Unlikely Spy is a 1996 novel written by Daniel Silva, who happens to be one
`of my favorite authors.
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`16
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`into contractual arrangements for the purchase of MARC records to reduce the time
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`needed to prepare and add a bibliographic record to the online catalog; reduce
`
`personnel costs for the building and maintenance of the online catalog; and contain
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`administrative costs for the technical services work unit. Librarians may order
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`resources with an accompanying MARC record that will arrive digitally with the
`
`items or download a MARC record from a vendor. Customarily, librarians review
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`the MARC record when it arrives to determine modifications that may be made
`
`before adding it to the library’s online catalog. When the MARC record is added to
`
`the library’s online catalog, automatic indexing included in the system software
`
`ensures that the resource can be found using the points of access contained within
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`the bibliographic data.
`
`37. Broadly considered, MARC records are a commodity that can be
`
`created or acquired from a variety of sources, including (but not limited to) the global
`
`consortium OCLC,6 book vendors (e.g., Baker & Taylor,7 Ingram,8 Yankee Book
`
`6 https://www.oclc.org/en/cataloging-subscription.html
`7 https://www.baker-taylor.com/viewnews.cfm?press_id=31&typ=c
`8 https://www.ingramcontent.com/libraries/cataloging-and-processing
`
`17
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`Peddler9), and organizational websites (e.g., Library of Congress,10, 11 Amicus Web,
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`Canada,12 PBS Teacher Source,13 National Geographic Society,14 and PBS15).
`
`MARC records are available for print and digital resources in a number of formats
`
`and languages.
`
`38.
`
`I have worked with libraries that subscribe to MARC record vendors
`
`since 1976. Since that time, I have worked in academic, special, public, and school
`
`libraries which acquired MARC records from a number of vendors. I have created
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`original MARC records and cataloged resources using MARC records supplied by
`
`a variety of vendors including those identified herein.
`
`B. OCLC
`The OCLC was created “to establish, maintain and operate a
`
`39.
`
`9 h
`
`ttps://www.dms.myflorida.com/content/download/132512/824548/Yankee Book
`Peddler dba GOBI Library Solutions Tech Service Pricing.pdf
`10 http://catalog.loc.gov
`11
`
`https://www.wmtps.org/UserFiles/Servers/Server_1019357/File/Importingrecordsf
`romtheLibraryofCongress.pdf
`12 http://www.collectionscanada.ca/amicus/
`13 http://www.pbs.org/teachersource/library/marc archive.shtm
`14 http://www.nationalgeographic.com/resources/ngs/library/explore.html
`15 http://www.pbs.org/teachersource/library/marc_archive.shtm
`
`18
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`computerized library network and to promote the evolution of library use, of libraries
`
`themselves, and of librarianship, and to provide processes and products for the
`
`benefit of library users and libraries, including such objectives as increasing
`
`availability of library resources to individual library patrons and reducing the rate of
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`rise of library per-unit costs, all for the fundamental public purpose of furthering
`
`ease of access to and use of the ever-expanding body of worldwide scientific, literary
`
`and educational knowledge and information.”16 Among other services, OCLC and
`
`its members are
`
`responsible
`
`for maintaining
`
`the WorldCat database
`
`(http://www.worldcat.org/; last visited August 16, 2021), used by independent and
`
`institutional libraries throughout the world. All libraries that are members of OCLC
`
`are MARC-compatible. See, e.g., https://help.oclc.org/Metadata Services/OCLC-
`
`MARC records/About OCLC-MARC records (last visited August 16, 2021)
`
`(“OCLC-MARC records describes records produced since November 1993.”);
`
`https://www.oclc.org/support/services/worldcat/documentation/cataloging/electron
`
`icresources.en.html (last visited August 16, 2021) (“Like the two superseded OCLC
`
`documents, this revised set of guidelines is intended to assist catalogers in creating
`
`records for electronic resources in WorldCat, the OCLC Online Union Catalog.
`
`16 Third Article, Amended Articles of Incorporation of OCLC Online Computer
`Library
`Center,
`Incorporated
`(available
`at
`https://www.oclc.org/content/dam/oclc/membership/articles-of-incorporation.pdf;
`last visited August 16, 2021).
`
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`These guidelines pertain to OCLC-MARC tagging (that is, content designation).
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`Cataloging rules and manuals (such as AACR2) govern the content of records. You
`
`should implement these guidelines immediately.”).
`
`40. When an OCLC member institution acquires a publication, like the
`
`other MARC-compatible libraries discussed above, it creates a MARC record for
`
`this publication in its computer catalog system in the ordinary course of its business.
`
`MARC records created at the Library of Congress are tape-loaded into the OCLC
`
`database through a subscription to MARC Distribution Services daily or weekly.
`
`Once the MARC record is created by a cataloger at an OCLC member library or is
`
`tape-loaded from the Library of Congress, the MARC record is then made available
`
`to any other OCLC members online, and thereby made available to the public.
`
`Accordingly, once the MARC record is created by a cataloger at an OCLC member
`
`library or is tape-loaded from the Library of Congress, any publication
`
`corresponding to the MARC record has been cataloged and indexed according to its
`
`subject matter such that a person interested in that subject matter could, with
`
`reasonable diligence, locate and access the publication through any library with
`
`access to the OCLC bibliographic database or through the Library of Congress.
`
`41. When a MARC-compatible library creates an original MARC record
`
`for a work, the library records the date of creation of that MARC record in field 008,
`
`characters 00 through 05, in the ordinary course of its business.
`
` See
`
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`http://www.loc.gov/marc/bibliographic/bd008a.html (last visited August 16, 2021).
`
`For OCLC member institutions that use OCLC software to create original MARC
`
`records, the date of creation in field 008 is automatically supplied by the OCLC
`
`software. The MARC record creation date in field 008 thus reflects the date on
`
`which, or shortly after which, a work was first acquired and cataloged by the library
`
`that created the original MARC record.
`
`42. When other MARC-compatible libraries subsequently acquire their
`
`own copies of the same work, as mentioned, they create MARC records in their own
`
`computer catalog systems for their copies in the ordinary course of business.17 They