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    1. International First Sale is upheld - Scholarly Communications @ Duke

      I have not had the chance to read the whole opinion yet, but the upshot is that the Second Circuit rule that said that First Sale (...)

    2. When is "exclusive" really not? - Scholarly Communications @ Duke

      And in that Circuit, the publisher would lack standing to even bring a lawsuit to defend the rights it thought it had obtained.

    3. What week is it? Fair Use week of course! - Scholarly Communications @ Duke

      Both the lower court and the Second Circuit ultimately decided the issue based on fair use, and the analysis that the Appellate Court (...)

    4. Big victory for the public domain - Scholarly Communications @ Duke

      As noted above, the 10th Circuit has already considered one aspect of it, so the prospects on appeal seem favorable. 

    5. PACER's Day in Court

      PACER , or Public Access to Court Electronic Records, operates behind a paywall of $0.10 per page for searches and document retrieval.

    6. The Goodson Blogson

      Coverage is currently strongest for the Second Circuit and D.C. Circuit, each with about 225,000 pa...

    7. Contract preemption: an issue to watch - Scholarly Communications @ Duke

      Zeidenberg , Judge Easterbrook of the 6th Circuit held that a contract creates rights only between the specific parties and thus those (...)

    8. The other side of the balance. - Scholarly Communications @ Duke

      This is how these licenses are supposed to work, and it is nice to see a circuit court affirm their proper functionality. This ruling (...)

    9. Who owns the law? - Scholarly Communications @ Duke

      As a result, no valid copyright can subsist in these works.” We find the 11 th Circuit reasoning persuasive, and so does (...)

    10. Two cases that could shape copyright - Scholarly Communications @ Duke

      The first case, decided in August by the Second Circuit and recently appealed to the Supreme Court, involves the legality of the remote (...)

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