Cambridge University Press V. Patton
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Cambridge University Press V. Patton
''Cambridge University Press et al. v. Patton et al.'' (also captioned ''v. Becker''), 1:2008cv01425, was a case in the United States District Court for the Northern District of Georgia in which three publishers, Cambridge University Press, SAGE Publications, and Oxford University Press, initially filed suit in 2008 against Georgia State University for copyright infringement. Background The plaintiffs claimed that Georgia State University engaged in "systematic, widespread and unauthorized copying and distribution of a vast amount of copyrighted works" through its e-reserves system. Georgia State asserted that its system did not infringe copyright because its uses were fair use. The district court issued a 350-page findings of fact and conclusions of law on 11 May 2012, finding that in almost all cases the alleged infringements were fair use.Cambridge University Press v. Patton', No. 08-01425 (D.Ga. May 11, 2012). In a subsequent decision the court deemed that Georgia State Univ ...
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United States Court Of Appeals For The Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * Southern District of Alabama * Middle District of Florida * Northern District of Florida * Southern District of Florida * Middle District of Georgia * Northern District of Georgia * Southern District of Georgia These districts were originally part of the Fifth Circuit, but were split off to form the Eleventh Circuit on October 1, 1981. For this reason, Fifth Circuit decisions from before this split are considered binding precedent in the Eleventh Circuit.Stein v. Reynolds Secs., Inc.', 667 F.2d 33 (11th Cir. 1982). The court is based at the Elbert P. Tuttle U.S. Court of Appeals Building in Atlanta, Georgia. The building is named for Elbert Tuttle, who served as Chief Judge of the Fifth Circuit in the 1960s and was known for issuin ...
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Copyright Clearance Center
Copyright Clearance Center (CCC) is a U.S. company based in Danvers, Massachusetts, (although it is incorporated in New York State), that provides collective copyright licensing services for corporate and academic users of copyrighted materials. CCC procures agreements with rightsholders, primarily academic publishers, and then acts as their agent in arranging collective licensing for institutions and one-time licensing for document delivery services, coursepacks, and other access and uses of texts. History CCC was founded in 1978 as a not-for-profit organization in response to negotiations preceding the United States Copyright Act of 1976. The I.R.S. revoked CCC's tax-exempt status in 1982 and the United States Tax Court affirmed that holding, finding that whatever public benefits CCC's activities might produce, its primary purpose was to "further the economic interest of publishers and copyright owners" and its founders (a group of publishers) had no "interests of any substance ...
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Delhi University
Delhi University (DU), formally the University of Delhi, is a collegiate university, collegiate Central university (India), central university located in New Delhi, India. It was founded in 1922 by an Act of the Central Legislative Assembly and is recognized as an Institutes of Eminence, Institute of Eminence (IoE) by the University Grants Commission (India), University Grants Commission (UGC). As a collegiate university, its main functions are divided between the academic departments of the university and constituent colleges. Consisting of three colleges, two faculties, and 750 students at its founding, the University of Delhi has since become India's largest institution of higher learning and among the largest in the world. The university has 16 faculties and 86 departments distributed across its North and South campuses, and remaining colleges across the region. It has 91 constituent colleges. The Vice President of India serves as the university Chancellor (education), chance ...
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Michael Geist
Michael Allen Geist (born July 11, 1968) is a Canadian academic, the Canada Research Chair in Internet and E-Commerce Law at the University of Ottawa and a member of the Centre for Law, Technology and Society. Geist was educated at the University of Western Ontario, Osgoode Hall Law School, where he received his Bachelor of Laws, Cambridge University, where he received a Master of Laws, and Columbia Law School, where he received a Master of Laws and Doctor of Law degree. He has been a visiting professor at universities around the world including the University of Haifa, Hong Kong University, and Tel Aviv University. He is also a senior fellow at the Centre for International Governance Innovation. Geist is the editor of many books including ''Law, Privacy and Surveillance in Canada in the Post-Snowden Era'' (2015, University of Ottawa Press), ''The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law'' (2013, University of Ottawa P ...
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York University
York University (french: Université York), also known as YorkU or simply YU, is a public university, public research university in Toronto, Ontario, Canada. It is Canada's fourth-largest university, and it has approximately 55,700 students, 7,000 faculty and staff, and over 325,000 alumni worldwide. It has 11 faculties, including the Faculty of Liberal Arts and Professional Studies, Faculty of Science, Lassonde School of Engineering, Schulich School of Business, Osgoode Hall Law School, Glendon College, Faculty of Education, Faculty of Health, Faculty of Environmental and Urban Change, Faculty of Graduate Studies, School of the Arts, Media, Performance and Design, and 28 research centres. York University was established in 1959 as a non-denominational institution by the ''York University Act'', which received royal assent in the Legislative Assembly of Ontario on 26 March of that year. Its first class was held in September 1960 in Falconer Hall on the University of Toronto campu ...
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UCLA
The University of California, Los Angeles (UCLA) is a public land-grant research university in Los Angeles, California. UCLA's academic roots were established in 1881 as a teachers college then known as the southern branch of the California State Normal School (now San José State University). This school was absorbed with the official founding of UCLA as the Southern Branch of the University of California in 1919, making it the second-oldest of the 10-campus University of California system (after UC Berkeley). UCLA offers 337 undergraduate and graduate degree programs in a wide range of disciplines, enrolling about 31,600 undergraduate and 14,300 graduate and professional students. UCLA received 174,914 undergraduate applications for Fall 2022, including transfers, making the school the most applied-to university in the United States. The university is organized into the College of Letters and Science and 12 professional schools. Six of the schools offer undergraduate degre ...
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Course Packs
Coursepacks are printed collections of readings assembled by teachers to supplement college and university courses. The practice of assembling coursepacks for students developed as a systematization of the practice of disseminating "handouts" for readings in class. This practice operated in parallel to the practice of libraries providing " reserves"—material pulled off shelves and "reserved" for use at the library, to ensure access for students in a class. Some teachers used coursepacks to supplement textbooks; others used them basically to create their own ad hoc textbooks. Over time, teachers began assembling their handouts at the beginning of the course, or having school administrators assemble them and charge students enough fees to recoup costs. As copy shops such as ''Kinko's'' became a thriving business in the late 1970s and early 1980s, they developed a market for making these coursepacks, offering different sorts of bindings, and so forth. Once the market became comme ...
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Injunctions
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); ''Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. Dec ...
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Sovereign Immunity In The United States
In United States law, the federal government as well as state and tribal governments generally enjoy sovereign immunity, also known as governmental immunity, from lawsuits. Local governments in most jurisdictions enjoy immunity from some forms of suit, particularly in tort. The Foreign Sovereign Immunities Act provides foreign governments, including state-owned companies, with a related form of immunity—state immunity—that shields them from lawsuits except in relation to certain actions relating to commercial activity in the United States. The principle of sovereign immunity in US law was inherited from the English common law legal maxim , meaning "the king can do no wrong." In some situations, sovereign immunity may be waived by law. Sovereign immunity falls into two categories: *Absolute immunity: When absolute immunity applies, a government actor may not be sued for the allegedly wrongful act, even if that person acted maliciously or in bad faith; and *Qualified immuni ...
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Indirect Liability
Indirect liability refers to legal liability imposed on an entity which is facilitating an infringement of another's rights, particularly of intellectual property rights, but not accruing benefit (or loss) from the infringement. Indirect liability can be imposed on the facilitator if it is economically efficient. One reason it can be efficient is that a facilitator might be in best position to stop the infringement. This is relevant and often talked about in context of content holders vs ISPs or other media manufacturers lawsuits - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil acti ....Landes, William and Douglas Lichtman, "Indirect Liability for Copyright Infringement: Napster and Beyond," The Journal of Economic Perspectives, Vol. 17, No. 2 (Spring, 2003), pp. 113-124. References Leg ...
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Discovery (law)
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. History Discovery evolved out of a unique feature of early equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". These were statements of evidence that the plaintiff assumed to exist in support of his pleading and which he believed lay within the knowledge of the defendant. They strongly resembled modern requests for admissions, in that the defen ...
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Georgia Board Of Regents
The Georgia Board of Regents oversees the University System of Georgia as part of the state government of Georgia in the United States. The University System of Georgia is composed of all state public institutions of higher education in the state. The Board of Regents also preside over the Georgia Public Library Service. History The Board was organized on January 1, 1932, to create centralized control over all member institutions. The Board marked the first period that public institutions of higher education were governed and managed under a sole authority. The governor appoints members of the Board, each of whom serve seven years. Today the Board of Regents is composed of 19 members, five of whom are appointed from the state-at-large, and one from each of the state’s 14 congressional districts. The Board elects a chancellor who serves as its chief executive officer and the chief administrative officer of the University System. Governing authority The Board oversees 26 institutio ...
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