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1. Sorry she asked? - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2012/06/19/sorry-she-asked/

   The filing by GSU begins, appropriately in my opinion, by pointing out that very little infringement was actually found by the Judge in (...)

2. Scholarly Communications @ Duke - Page 29 of 58 - Discussions about the changing world of scholarly

   https://blogs.library.duke.edu/scholcomm/page/29/

   Second, the judge seems to indicate that the plaintiff publishers have a pretty narrow window for proving infringement.  They may not (...)

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

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

   That incident, however, involved neither illegal access nor copyright infringement.  Although PACER usually charges a fee, Swartz used (...)

4. Enforcing scarcity - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2009/05/15/enforcing-scarcity/

   Just as we have gotten used to the idea of academic presses suing academic institutions, as in the Georgia State University case, now we have a (...)

5. Scholarly Communications @ Duke - Page 24 of 58 - Discussions about the changing world of scholarly

   https://blogs.library.duke.edu/scholcomm/page/24/

   but it is important to realize that some copyright infringement remedies — such a destruction or confiscation of the offending item — (...)

6. A not-very-appealing appeal - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2012/09/11/a-not-very-appealing-appeal/

   And the results of that analysis disprove the claim of a lengthy and widespread pattern of infringement.  Judge Evans found only (...)

7. Act 2 of the ACTA controversy - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2010/04/29/act-2-of-the-acta-controversy/

   Also, as he explains, it is not just about commercial infringement, regardless of what we have been told. 

8. Fair use and the law of trespass - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2010/04/13/fair-use-and-the-law-of-trespass/

   First, I want to note with approval the statement by the 11 th Circuit that “Courts have historically viewed summary judgment as inappropriate (...)

9. Through the copyright looking glass - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2009/10/29/through-the-copyright-looking-glass/

   Amazingly, the court found that this practice constituted direct infringement by the copy shop of the copyright holder’s exclusive (...)

10. Scholarly Communications @ Duke - Page 50 of 58 - Discussions about the changing world of scholarly

    https://blogs.library.duke.edu/scholcomm/page/50/

    Citation, however, does not cure copyright infringement, which is the unauthorized use of another’s work.