NXIVM Corp. V. The Ross Institute
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NXIVM Corp. V. The Ross Institute
''NXIVM Corp. v. The Ross Institute'', 364 F.3d 471 (2d Cir. 2004), was a United States Court of Appeals for the Second Circuit decision that held that the defendant's critical analysis of material obtained in bad faith, i.e., in violation of a non-disclosure agreement, was fair use since the secondary use was transformative as criticism and was not a potential replacement for the original on the market, regardless of how the material was obtained. NXIVM, (pronounced NEX-ee-um) was a sex trafficking cult that claimed to offer a life-improvement seminar called the "Executive Success Program" (ESP). At the time of the court case, NXIVM's status as a sex trafficking cult was not widely known to the public, and would not be until key leaders were indicted in 2018. NXIVM sued the Ross Institute and several individuals for posting quotations from a NXIVM training manual on Ross Institute's website in the context of two written critiques of the manual and NXIVM's training program. NX ...
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United States Court Of Appeals For The Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jurisdiction over the district courts in the following districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square; certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. Because the Second Circuit includes New York City, it has long been one ...
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Ross Institute
Rick Alan Ross (b. 1952) is an American deprogrammer, cult specialist, and founder and executive director of the nonprofit Cult Education Institute. He frequently appears in the news and other media discussing groups some consider cults. Ross has intervened in more than 500 deprogramming cases in various countries. Ross faced charges of unlawful imprisonment over a 1991 forcible deprogramming of United Pentecostal Church International member Jason Scott; a jury acquitted him at trial. In 1995, a civil lawsuit filed by Scott resulted in a multimillion-dollar judgement against Ross and his co-defendants. Later, Ross and Scott reached a settlement in which Ross agreed to pay Scott 5,000 USD and provide 200 hours of professional services at no charge. Ross was the only deprogrammer to work with members of the Branch Davidians prior to the Waco siege; some scholars later criticized his involvement with the siege. Background Ross was born in 1952 in Cleveland, Ohio, and moved to ...
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United States Copyright Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Campbell V
Campbell may refer to: People Surname * Campbell (surname), includes a list of people with surname Campbell Given name * Campbell Brown (footballer), an Australian rules footballer * Campbell Brown (journalist) (born 1968), American television news reporter and anchor * Campbell Cowan Edgar (1870–1938), Scottish Egyptologist and Secretary-General of the Egyptian Museum at Cairo * Campbell Jackson (born 1981), Northern Irish darts player * Campbell Johnstone (born 1980), New Zealand rugby union player * Campbell "Stretch" Miller (1910–1972), American sportscaster * Campbell Money (born 1960), Scottish footballer * Campbell Newman (born 1963), Australian politician * Campbell Scott (born 1961), American actor, director, and voice artist Places In Australia: * Campbell, Australian Capital Territory, a suburb of Canberra, Australia In Canada: * Campbell, Nova Scotia, on Cape Breton Island Nova Scotia * Campbell Branch Little Black River, South of Quebec, Canada (and Maine) * ...
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Substantiality
Substance theory, or substance–attribute theory, is an ontological theory positing that objects are constituted each by a ''substance'' and properties borne by the substance but distinct from it. In this role, a substance can be referred to as a ''substratum'' or a ''thing-in-itself''. ''Substances'' are particulars that are ontologically independent: they are able to exist all by themselves. Another defining feature often attributed to substances is their ability to ''undergo changes''. Changes involve something existing ''before'', ''during'' and ''after'' the change. They can be described in terms of a persisting substance gaining or losing properties. ''Attributes'' or ''properties'', on the other hand, are entities that can be exemplified by substances. Properties characterize their bearers, they express what their bearer is like. ''Substance'' is a key concept in ontology and metaphysics, which may be classified into monist, dualist, or pluralist varieties according to h ...
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United States Code/Title 17/Chapter 1/Section 107
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-1 ...
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Harper & Row V
Harper may refer to: Names * Harper (name), a surname and given name Places ;in Canada * Harper Islands, Nunavut *Harper, Prince Edward Island ;In the United States *Harper, former name of Costa Mesa, California in Orange County *Harper, Illinois * Harper, Indiana *Harper, Iowa *Harper, Kansas * Harper, Kentucky *Harper, Missouri *Harper, Logan County, Ohio *Harper, Ross County, Ohio *Harper, Oregon *Harper, Texas *Harper, Utah *Harper, Washington * Harper, Wyoming ;Elsewhere *Harper, Liberia * Harper River in Canterbury, New Zealand *Harper Adams University, Shropshire, United Kingdom. Court cases * ''Harper'' ''v''. ''Virginia Board of Elections'', 383 U.S. 663 (1966), overruling ''Breedlove'' ''v''. ''Suttles'', 302 U.S. 277 (1937) Other uses * Harper, a harp player * ''Harper'' (film), a 1966 film starring Paul Newman and Lauren Bacall * Harper (publisher), an American publishing house, the imprint of global publisher HarperCollins *Harper College, a community college ...
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Injunction
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. D ...
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Cults
In modern English, ''cult'' is usually a pejorative term for a social group that is defined by its unusual religious, spiritual, or philosophical beliefs and rituals, or its common interest in a particular personality, object, or goal. This sense of the term is controversial and weakly defined—having divergent definitions both in popular culture and academia—and has also been an ongoing source of contention among scholars across several fields of study. Richardson, James T. 1993. "Definitions of Cult: From Sociological-Technical to Popular-Negative." ''Review of Religious Research'' 34(4):348–56. . . An older sense of the word involves a set of religious devotional practices that are conventional within their culture, related to a particular figure, and often associated with a particular place. References to the "cult" of a particular Catholic saint, or the imperial cult of ancient Rome, for example, use this sense of the word. While the literal and original sense of ...
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Rick Alan Ross
Rick Alan Ross (b. 1952) is an American deprogrammer, cult specialist, and founder and executive director of the nonprofit Cult Education Institute. He frequently appears in the news and other media discussing groups some consider cults. Ross has intervened in more than 500 deprogramming cases in various countries. Ross faced charges of unlawful imprisonment over a 1991 forcible deprogramming of United Pentecostal Church International member Jason Scott; a jury acquitted him at trial. In 1995, a civil lawsuit filed by Scott resulted in a multimillion-dollar judgement against Ross and his co-defendants. Later, Ross and Scott reached a settlement in which Ross agreed to pay Scott 5,000 USD and provide 200 hours of professional services at no charge. Ross was the only deprogrammer to work with members of the Branch Davidians prior to the Waco siege; some scholars later criticized his involvement with the siege. Background Ross was born in 1952 in Cleveland, Ohio, and moved to Pho ...
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Fair Use Doctrine
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Unlike "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in the Anglo-American common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly applied ...
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Cult
In modern English, ''cult'' is usually a pejorative term for a social group that is defined by its unusual religious, spiritual, or philosophical beliefs and rituals, or its common interest in a particular personality, object, or goal. This sense of the term is controversial and weakly defined—having divergent definitions both in popular culture and academia—and has also been an ongoing source of contention among scholars across several fields of study. Richardson, James T. 1993. "Definitions of Cult: From Sociological-Technical to Popular-Negative." ''Review of Religious Research'' 34(4):348–56. . . An older sense of the word involves a set of religious devotional practices that are conventional within their culture, related to a particular figure, and often associated with a particular place. References to the "cult" of a particular Catholic saint, or the imperial cult of ancient Rome, for example, use this sense of the word. While the literal and original sense of ...
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