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    1. Tinkering with Article III - Scholarly Communications @ Duke

      Where I do have a problem is in the next paragraph, about defendants: Some have also asserted that the existing system for adjudication of (...)

    2. Words having meanings, but money talks. - Scholarly Communications @ Duke

      Since 2007, when Copycense first addressed this issue, we always have referred to these issues as “infringement” or “alleged (...)

    3. Scholarly Communications @ Duke - Page 55 of 58 - Discussions about the changing world of scholarly

      Most infringement is still handled through civil suits, but section 506(a) of the Copyright Act now defines criminal (...)

    4. Caching, Thumbnails and a Fair Use Win - Scholarly Communications @ Duke

      The “server test” used to find that in-line linking is not an infringement seems so simple and intuitive that one has to fear that (...)

    5. Getting the whole picture - Scholarly Communications @ Duke

      The problem, of course, is that there are so many inaccurate accusations of infringement, and a three-strikes policy completely avoids (...)

    6. https://blogs.library.duke.edu/scholcomm/files/2017/02/ASTM-Pub-Resource.pdf

      . § 1051 et seq.), alleging copyright infringement and trademark infringement. Plaintiffs American Educational Research (...)

    7. Publishers file response to GSU ruling - Scholarly Communications @ Duke

      There is a statement in it which asserts that the May 11 order found enough infringement to justify imposing the original injunction (...)

    8. Precedent and procedure in Georgia - Scholarly Communications @ Duke

      In the pharmacy case, the Appeals Court was not persuaded that there was no chance of continuing infringement, so it refused to dismiss (...)

    9. Bad strategy and poor reporting - Scholarly Communications @ Duke

      There is no required quantum of evidence beyond a “good faith belief that use of the material… is not authorized,” nor must a rights holder (...)

    10. Desperate ploy, or copyright coup? - Scholarly Communications @ Duke

      Instead he said that this likely was infringement, but that the industry had agreed internally not to pursue such cases.

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