Lawsuit: USF student violated copyright on study guide

Aaron Zemetres said it was "pretty lame" that college students had to pay $15 for a chemistry exam guide when it was cheaper to download the book from the Internet and then share it for free, according to a federal lawsuit.

The Lutz man, a physics major at the University of South Florida, is being sued by the American Chemical Society. The Washington, D.C.-based group contends Zemetres violated its copyright on a book titled "Preparing for Your ACS Examination in General Chemistry: The Official Guide."

Zemetres copied the 113-page study guide and shared it electronically with an unknown number of USF students by email in December 2009, the lawsuit states.

"You all owe me one," he wrote, according to a copy of the email attached to the lawsuit. "Good luck on the final."

Zemetres could not be reached for comment.

Zemetres enrolled at USF in August 2007 and is currently enrolled for the summer from May 16 to Aug. 5, university spokeswoman Lara Wade said.

She said the allegations raised in the lawsuit have been referred to the Office of Student Rights and Responsibilities, which deals with student conduct.

"We would not tolerate anyone who breaks the law or violates university policy," Wade said. "If it turns out being that, then we will deal with it accordingly."

The society's Division of Chemical Education Examinations Institute sells about 20,000 copies of the guide each year, according to the lawsuit, which says the sales make up a large percentage of the nonprofit institute's operating budget.

The lawsuit states that the guide is not available in any electronic format and is only in bound paper copies. It's unclear how Zemetres found the pdf version. In the email, he states, "After some searching, I was able to find a study guide online."

"That's what he says happened," said Margaret Esquenet, an attorney for the American Chemical Society.

Esquenet said her client is skeptical Zemetres found the book online. "We believe Mr. Zemetres scanned it, created an electronic document and then distributed it."

She added, "The thing that we want to make clear for our client is we don't go and find college students to sue on a mass basis."

Brent Britton, a Tampa lawyer who specializes in intellectual property, said organizations have a right to protect their property.

"If you copy others' content in a manner that infringes their copyright, they will probably sue you," he said. "If you don't think things should work like that, lobby Congress."

Esquenet said the society has tried to resolve the case with Zemetres and is still seeking to reach a settlement. She said her client wants Zemetres to provide information on what he did and compensation for the copies of the guide he shared.

Esquenet said the society creates standardized exams for high schools and colleges.

"Exams are expensive to create," she said. Selling the guides is "an important income for the chemical society and how it funds its public mission."

esilvestrini@tampatrib.com

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