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1. Fixing the DMCA? - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2007/10/15/fixing-the-dmca/

   Building an elaborate analogy between these cases and the situations in which the anti-circumvention rules would come into play, the (...)

2. Moving into the open - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2016/03/22/moving-into-the-open/

   Ellen’s post, with its interesting analogy to food-supply chains, will be published on IO within the next day or so.

3. Copyright, rhetoric and name-calling - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2011/02/22/copyright-rhetoric-and-name-calling/

   My experience with some of Turow’s defenders suggests that the analogy has a grain of truth in it, and it confirms my fear that (...)

4. Getting the whole picture - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2011/04/18/getting-the-whole-picture/

   We have written before about why the pirate analogy is legally flawed.  But it is also pretty stupid to use it in this context, since (...)

5. Careless language and poor analogies - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2011/07/21/careless-language-and-poor-analogies/

   To be sure, Swartz was protesting the fees charged for access to works created at taxpayer expense for the public good, but his actions in that (...)

6. Keeping it simple, or how to solve the Berne problem, part 2 - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2012/04/20/keeping-it-simple-or-how-to-solve-the-berne-problem-part-2/

   This approach is inappropriate and deeply inefficient when we speak of cultural creativity, which is inevitably cumulative and can be seriously (...)

7. Library Crisis: The Late Bronze Age Collapse of 1177 BC and the Coronavirus of 2020 AD - Bitstreams:

   https://blogs.library.duke.edu/bitstreams/2020/03/27/library-crisis-the-late-bronze-age-collapse-of-1177-bc-and-the-coronavirus-of-2020-ad/

   However, we can consider a current analogy and while it’s not a perfect correspondence, it may provide some emotional experiential (...)

8. Coming clean on technological neutrality - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2012/10/23/coming-clean-on-technological-neutrality/

   For example, the plaintiffs in the Georgia State case used the claim that copyright is supposed to be technologically neutral to support its (...)

9. Can we stream digital video? - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2010/01/27/can-we-stream-digital-video/

   &report=sr031&dbname=107& 😉 It is here where I think the analogy to 110(1) could be useful, and perhaps why (when it otherwise (...)

10. Jury instructions go missing - Scholarly Communications @ Duke

    https://blogs.library.duke.edu/scholcomm/2014/10/09/jury-instructions-go-missing/

    So, I suppose one could argue that ownership in these documents is more akin to ALA or ARL’s ownership of copyright in works created committee (...)