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

      By shifting liability to CNET, it and others like it may be forced to carefully monitor the types of software it offers and the potential (...)

    2. Scholarly Communications @ Duke - Page 23 of 58 - Discussions about the changing world of scholarly

      Google, in its amicus brief in support of MP3Tunes, makes the point well: “[j]ust as the Supreme Court has held that ‘time-shifting’—recording (...)

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

      The index shows four fair use cases, with one holding in favor of fair use ( Sony v. Universal Pictures ), one mixed result ( Campbell (...)

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

      Supreme Court precedent squarely supports the conclusion that fair use does not fall into the latter camp: “[A]nyone who . . . makes a fair use (...)

    5. Scholarly Communications @ Duke - Page 16 of 58 - Discussions about the changing world of scholarly

      As to amount, Judge Marshall thinks this factor weights “slightly” against fair use — the entire films are being streamed, of course, but she (...)

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

      I do, but mostly for the fair use case that it precipitated, Sony Corp. v. Universal Studios, Inc. That case was decided by the Supreme (...)

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