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1. An easy fair use ruling, but with a message - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2011/08/16/an-easy-fair-use-ruling-but-with-a-message/

   If you are a judge and you fail to dismiss a copyright action, you are evil. If you are a lawyer who brings a copyright (...)

2. Scholarly Communications @ Duke - Page 13 of 58 - Discussions about the changing world of scholarly

   https://blogs.library.duke.edu/scholcomm/page/13/

   The process of litigating a class action is so complex and expensive that class action certification is often a signal to the (...)

3. Scholarly Communications @ Duke - Page 4 of 58 - Discussions about the changing world of scholarly c

   https://blogs.library.duke.edu/scholcomm/page/4/

   About a year ago I wrote a blog post about the idea that fair use was an “affirmative defense. ”  I pointed out that many positive (...)

4. Scholarly Communications @ Duke - Page 33 of 58 - Discussions about the changing world of scholarly

   https://blogs.library.duke.edu/scholcomm/page/33/

   I am not so happy, however, with the conclusion that fair use, as an affirmative defense, cannot be raise sua sponte by a court. 

5. Scholarly Communications @ Duke - Page 22 of 58 - Discussions about the changing world of scholarly

   https://blogs.library.duke.edu/scholcomm/page/22/

   Self-defense is a classic example of an affirmative defense — the defendant admits the killing but proves facts that justify it.

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

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

7. Scholarly Communications @ Duke - Page 35 of 58 - Discussions about the changing world of scholarly

   https://blogs.library.duke.edu/scholcomm/page/35/

   First, users should have to take an affirmative step to agree to terms of service.  Put another way, terms of service that are there if (...)

8. Scholarly Communications @ Duke - Page 21 of 58 - Discussions about the changing world of scholarly

   https://blogs.library.duke.edu/scholcomm/page/21/

   Each of these priorities is an endorsement of particular legislative action by Congress — the first clearly endorses the bill (...)

9. Scholarly Communications @ Duke - Page 6 of 58 - Discussions about the changing world of scholarly c

   https://blogs.library.duke.edu/scholcomm/page/6/