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    1. Backing into the public domain - Scholarly Communications @ Duke

      Several common law doctrines used to preserve equity in property disputes come to mind — the doctrine of abandonment, for example, or (...)

    2. Due process for file-sharers? - Scholarly Communications @ Duke

      In her ruling, Judge Gertner explicitly states that she did not take the same legal route as was taken to reduce the damages in the other high (...)

    3. Scholarly Communications @ Duke - Page 37 of 58 - Discussions about the changing world of scholarly

      Copyright Issues and Legislation , Digital Rights Management , Fair Use , international IP Fairness breeds complexity? September 2, (...)

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

      Laches is a judge-made doctrine that prevents people from “sitting on their rights” unreasonably, especially where the delay is (...)

    5. Scholarly Communications @ Duke - Page 36 of 58 - Discussions about the changing world of scholarly

      His role is to determine the fairness between the parties before him, not to decide if the settlement is good for society as a whole. 

    6. Scholarly Communications @ Duke - Page 19 of 58 - Discussions about the changing world of scholarly

      The Ninth Circuit agreed with SG Kagan and ruled against Costco, holding that the US doctrine of first sale did not apply when an item (...)

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

      Several common law doctrines used to preserve equity in property disputes come to mind — the doctrine of abandonment, for example, or (...)

    8. Scholarly Communications @ Duke - Page 31 of 58 - Discussions about the changing world of scholarly

      In her ruling, Judge Gertner explicitly states that she did not take the same legal route as was taken to reduce the damages in the other high (...)

    9. Scholarly Communications @ Duke - Page 20 of 58 - Discussions about the changing world of scholarly

      OUP may be test-driving an idea for avoiding that situation — if the faculty author is classified as a non-author by the work for hire (...)

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