...William & Mary Law Review Volume 45 | Issue 4 Article 5 A Pattern-Oriented Approach to Fair Use Michael J. Madison Repository Citation Michael J. Madison, A Pattern-Oriented Approach to Fair Use, 45 Wm. & Mary L. Rev. 1525 (2004), http://scholarship.law.wm.edu/wmlr/vol45/iss4/5 Copyright c 2004 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. http://scholarship.law.wm.edu/wmlr A PATTERN-ORIENTED APPROACH TO FAIR USE MICHAEL J. MADISON* ABSTRACT More than 150 years into development of the doctrineof "fairuse" in American copyright law, there is no end to legislative,judicial, and academic efforts to rationalizethe doctrine. Its codification in the 1976 CopyrightAct appearsto have contributedto its fragmentation, rather than to its coherence. As did much of copyright law, fair use originated as a judicially unacknowledged effort via the law to validate certain favored practicesand patterns.In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "caseby-case" application of the statutoryfair use "factors"to the defendant's use of the copyrighted work in question. A more explicit acknowledgment of the role of these patterns in fair use analysis would be consistent with fair use, copyright policy, and tradition. Importantly, such an acknowledgment would help to bridge the often difficult conceptual gap between fair use...
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...A Programmer’s Guide to Java™ SCJP Certification Third Edition This page intentionally left blank A Programmer’s Guide to Java™ SCJP Certification A Comprehensive Primer Third Edition Khalid A. Mughal Rolf W. Rasmussen Upper Saddle River, New Jersey • Boston • Indianapolis • San Francisco New York • Toronto • Montreal • London • Munich • Paris • Madrid Capetown • Sidney • Tokyo • Singapore • Mexico City Many of the designations used by manufacturers and sellers to distinguish their products are claimed as trademarks. Where those designations appear in this book, and the publisher was aware of a trademark claim, the designations have been printed with initial capital letters or in all capitals. The authors and publisher have taken care in the preparation of this book, but make no expressed or implied warranty of any kind and assume no responsibility for errors or omissions. No liability is assumed for incidental or consequential damages in connection with or arising out of the use of the information or programs contained herein. The publisher offers excellent discounts on this book when ordered in quantity for bulk purchases or special sales, which may include electronic versions and/or custom covers and content particular to your business, training goals, marketing focus, and branding interests. For more information, please contact: U.S. Corporate and Government Sales (800) 382-3419 corpsales@pearsontechgroup.com For sales outside the United...
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...Operating Instructions Proline Promass 83 HART Coriolis Mass Flow Measuring System 6 BA00059D/06/EN/14.12 71197481 Valid as of version V 3.01.XX (Device software) Proline Promass 83 Table of contents Table of contents 1 1.1 1.2 1.3 1.4 1.5 Safety instructions . . . . . . . . . . . . . . . . 5 Designated use . . . . . . . . . . . . . . . . . . . . . . . . . . . . Installation, commissioning and operation . . . . . . . . Operational safety . . . . . . . . . . . . . . . . . . . . . . . . . . Return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notes on safety conventions and icons . . . . . . . . . . . 5 5 6 6 6 5.2 5.3 2 2.1 Identification . . . . . . . . . . . . . . . . . . . . 7 Device designation . . . . . . . . . . . . . . . . . . . . . . . . . 7 2.1.1 Nameplate of the transmitter . . . . . . . . . . . . 8 2.1.2 Nameplate of the sensor . . . . . . . . . . . . . . . 9 2.1.3 Nameplate for connections . . . . . . . . . . . . 10 Certificates and approvals . . . . . . . . . . . . . . . . . . . 11 Registered trademarks . . . . . . . . . . . . . . . . . . . . . . 11 5.4 2.2 2.3 3 3.1 Installation . . . . . . . . . . . . . . . . . . . . . 12 Incoming acceptance, transport and storage . . . . . . 3.1.1 Incoming acceptance . . . . . . . . . . . . . . . . . 3.1.2 Transport . . . . . . . . . . . . . . . . . . . . . . . . . 3.1.3 Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . Installation conditions ...
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...HOLLOW AVOWALS OF HUMAN RIGHTS PROTECTION – TIME FOR AN AUSTRALIAN FEDERAL BILL OF RIGHTS? JULIE CASSIDY* Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed – a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity...
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...America Invents Act of 2011: Analysis and Cross-References Donald S. Chisum Co-Founder and Lecturer, Chisum Patent Academy ChisumPatentAcademy.com December 5, 2011 SYNOPSIS § 1 Introduction § 2 Overview, Organization and Citation Form § 3 First Inventor to File 3.1 Effective Date; Two Patent Laws for Decades 3.2 "Sense of Congress"; Justifying Conversion to First-to-File; Certainty; Harmonization; Grace Period Difference 3.3 New Section 102 on Novelty 3.3.1 Retained Concepts 3.3.1.1 "Patented 3.3.1.2 "Described in a Printed Publication" 3.3.1.3 "In Public Use, On Sale": Is Non-Public Commercial Activity Included? 3.3.2 Omitted Concepts 3.3.2.1 "Known or Used" 3.3.2.2 "In this Country" 3.3.2.3 Invention Dates; On the Continuing Relevance of "Conception" and "Reduction to Practice"; "Who" Problems and "When" Problems; Derivation; Ownership 3.3.3 New or Revised Concepts 3.3.3.1 "Otherwise Available to the Public" 3.3.3.2 "Claimed Invention"; Generic Claims and Specific Disclosures 3.3.3.3 "Effective Filing Date" 3.3.4 Grace Period: Exception for Inventor Disclosures A Year or Less Before Filing 3.3.4.1 Inventor Disclosures; Derivation 3.3.4.2 Prior Disclosure by Inventor 3.3.5 Senior Right 3.3.5.1 Applications Previously Filed by Others as Prior Art; Effective Filing Date; Hilmer Abolished 3.3.5.2 Avoiding Senior Filed Application Disclosure 3.3.5.2.1 Subject Matter Obtained from Inventor 3.3.5.2.2 Subject Matter Previously Publicly Disclosed 3.3.5.2.3 Common Ownership;...
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...Chemistry Modern Analytical Chemistry David Harvey DePauw University Boston Burr Ridge, IL Dubuque, IA Madison, WI New York San Francisco St. Louis Bangkok Bogotá Caracas Lisbon London Madrid Mexico City Milan New Delhi Seoul Singapore Sydney Taipei Toronto McGraw-Hill Higher Education A Division of The McGraw-Hill Companies MODERN ANALYTICAL CHEMISTRY Copyright © 2000 by The McGraw-Hill Companies, Inc. All rights reserved. Printed in the United States of America. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a data base or retrieval system, without the prior written permission of the publisher. This book is printed on acid-free paper. 1 2 3 4 5 6 7 8 9 0 KGP/KGP 0 9 8 7 6 5 4 3 2 1 0 ISBN 0–07–237547–7 Vice president and editorial director: Kevin T. Kane Publisher: James M. Smith Sponsoring editor: Kent A. Peterson Editorial assistant: Jennifer L. Bensink Developmental editor: Shirley R. Oberbroeckling Senior marketing manager: Martin J. Lange Senior project manager: Jayne Klein Production supervisor: Laura Fuller Coordinator of freelance design: Michelle D. Whitaker Senior photo research coordinator: Lori Hancock Senior supplement coordinator: Audrey A. Reiter Compositor: Shepherd, Inc. Typeface: 10/12 Minion Printer: Quebecor Printing Book Group/Kingsport Freelance cover/interior designer: Elise Lansdon Cover image: © George Diebold/The...
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...THE LIABILITY OF INTERNET SERVICE PROVIDERS FOR UNLAWFUL CONTENT POSTED BY THIRD PARTIES N.D. O’BRIEN 2010 THE LIABILITY OF INTERNET SERVICE PROVIDERS FOR UNLAWFUL CONTENT POSTED BY THIRD PARTIES By N.D. O’BRIEN Submitted in fulfilment of the requirements for the degree of MAGISTER LEGUM in the Faculty of Law at the Nelson Mandela Metropolitan University January 2010 Supervisor: Prof F. Marx PREFACE I would like to extend my thanks to the following people: To my parents and Emma Taggart for their help, encouragement, sacrifice and support; To my supervisor, Prof Marx, for his assistance and guidance; To Dawn Prinsloo, at the NMMU Library, for providing me with her time and guidance; To Ms. Fourie, the Law Faculty Officer, for her always prompt and friendly assistance; To Mr. Ant Brooks and the Internet Service Provider Association, for providing me with a variety of interesting information and insights. Without their invaluable assistance I would not have been able to have completed this work. i SUMMARY Internet Service Providers (ISP’s) are crucial to the operation and development of the Internet. However, through the performance of their basic functions, they faced the great risk of civil and criminal liability for unlawful content posted by third parties. As this risk threatened the potential of the Internet, various jurisdictions opted to promulgate legislation that granted ISP’s safe harbours from liability. The South African (RSA)...
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...Learning OpenCV Gary Bradski and Adrian Kaehler Beijing · Cambridge · Farnham · Köln · Sebastopol · Taipei · Tokyo Learning OpenCV by Gary Bradski and Adrian Kaehler Copyright © 2008 Gary Bradski and Adrian Kaehler. All rights reserved. Printed in the United States of America. Published by O’Reilly Media, Inc., 1005 Gravenstein Highway North, Sebastopol, CA 95472. O’Reilly books may be purchased for educational, business, or sales promotional use. Online editions are also available for most titles (safari.oreilly.com). For more information, contact our corporate/institutional sales department: (800) 998-9938 or corporate@oreilly.com. Editor: Mike Loukides Production Editor: Rachel Monaghan Production Services: Newgen Publishing and Data Services Cover Designer: Karen Montgomery Interior Designer: David Futato Illustrator: Robert Romano Printing History: September 2008: First Edition. Nutshell Handbook, the Nutshell Handbook logo, and the O’Reilly logo are registered trademarks of O’Reilly Media, Inc. Learning OpenCV, the image of a giant peacock moth, and related trade dress are trademarks of O’Reilly Media, Inc. Many of the designations used by manufacturers and sellers to distinguish their products are claimed as trademarks. Where those designations appear in this book, and O’Reilly Media, Inc. was aware of a trademark claim, the designations have been printed in caps or initial caps. While every precaution has been taken in the preparation of this...
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...1 1 Fundamentals of Semiconductor Electrochemistry and Photoelectrochemistry Krishnan Rajeshwar The University of Texas at Arlington, Arlington, Texas 1.1 1.2 1.3 1.3.1 1.3.2 1.3.3 1.3.4 1.4 1.4.1 1.4.2 1.4.3 1.5 1.5.1 1.5.2 1.5.3 1.5.4 1.5.5 1.6 1.7 1.7.1 1.7.2 1.7.3 1.7.4 1.7.5 Introduction and Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electron Energy Levels in Semiconductors and Energy Band Model . The Semiconductor–Electrolyte Interface at Equilibrium . . . . . . . . The Equilibration Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Depletion Layer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mapping of the Semiconductor Band-edge Positions Relative to Solution Redox Levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Surface States and Other Complications . . . . . . . . . . . . . . . . . . . Charge Transfer Processes in the Dark . . . . . . . . . . . . . . . . . . . . Current-potential Behavior . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dark Processes Mediated by Surface States or by Space Charge Layer Recombination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rate-limiting Steps in Charge Transfer Processes in the Dark . . . . . Light Absorption by the Semiconductor Electrode and Carrier Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Light Absorption...
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...Licensed to: iChapters User Licensed to: iChapters User 6e FIFTH EDITION COMMUNICATION in Our Lives LINEBERGER DISTINGUISHED PROFESSOR OF HUMANITIES CAROLINE H. AND THOMAS S. ROYSTER DISTINGUISHED PROFESSOR OF GRADUATE EDUCATION THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL Australia . Brazil . C anada . M exico . Singap ore . Spain . Uniited Kingdom . United States Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Licensed to: iChapters User This is an electronic version of the print textbook. Due to electronic rights restrictions, some third party content may be suppressed. Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. The publisher reserves the right to remove content from this title at any time if subsequent rights restrictions require it. For valuable information on pricing, previous editions, changes to current editions, and alternate formats, please visit www.cengage.com/highered to search by ISBN#, author, title, or keyword for materials in your areas of interest. ...
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...REGENT UNIVERSITY COLLEGE OF ARTS & SCIENCES UNDERGRADUATE CATALOG 2013-2014 (Fall 2013-Summer 2014) Regent University 1000 Regent University Drive Virginia Beach, VA 23464-9800 800.373.5504 admissions@regent.edu www.regent.edu PREFACE Regional Accreditation Regent University is accredited by the Southern Association of Colleges and Schools Commission on Colleges to award associates, baccalaureate, masters, and doctorate degrees. Contact the Commission on Colleges at 1866 Southern Lane, Decatur, Georgia 30033-4097 or call 404-679-4500 for questions about the accreditation of Regent University. National and State Accreditation Regent University’s undergraduate school is accredited or certified by the following bodies: Council for Higher Education Accreditation (CHEA) (www.chea.org/) The Teacher Education Accreditation Council (TEAC) The Regent University School of Education's educational leadership and teacher preparation programs and the College of Arts & Sciences interdisciplinary studies program, which are designed to prepare competent, caring, and qualified professional educators are accredited by the Teacher Education Accreditation Council for a period of seven years, from January 9, 2009 to January 9, 2016. This accreditation certifies that the educational leadership, teacher preparation and interdisciplinary studies programs have provided evidence that they adhere to TEAC's quality principles. Teacher Educational Accreditation Council, One Dupont Circle, Suite...
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...Pyxplot Users’ Guide A Scientific Scripting Language, Graph Plotting Suite and Vector Graphics Toolkit. Version 0.9.2 d sin θ = nλ ∇ · D = ρfree ¨ ∇ × E = − ∂B q(t) = − RR ∂t ˙ R2 ds2 = 1 − 2GM rc2 ∇·B =0 dL = dt2 xa + Γa xb xc = 0 ¨ bc ˙ ˙ ∇ × H =1 Jfree − ∂D ∂t L 4πF 2 H(t) = ˙ R R h ¯ 2 ∂2ψ 2m ∂x2 + V ψ = Eψ ∆φ Lead Developer: Dominic Ford Lead Tester: Ross Church Email: coders@pyxplot.org.uk This manual is also available in HTML, at http://www.pyxplot.org.uk/0.9/doc/html/ September 2012 Contents I 1 Introduction to Pyxplot Introduction 1.1 What is Pyxplot? . . . . . . 1.2 Compatibility with gnuplot . 1.3 The structure of this manual 1.4 An introductory tour . . . . 1.5 License . . . . . . . . . . . . 1.6 Spelling conventions . . . . . 1.7 Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 3 4 4 4 9 10 10 11 11 11 12 13 13 14 15 15 16 18 20 20 22 23 24 25 27 27 28 28 29 30 30 31 34 2 Installation 2.1 Installation within Linux distributions . . . . 2.2 System requirements . . . . . . . . . . . . . . 2.2.1 Dependencies in Debian and Ubuntu 2.2.2 Dependencies in MacOS . . . . . . . 2.3 Installation from source archive . . . . . . . . 2.3.1 System-wide installation . . ...
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...how far saying things like “Look” in a stern voice was necessarily going to get him, and time was not on his side. What the hell, he thought, you’re only young once, and threw himself out of the window. That would at least keep the element of surprise on his side. ... In a spirit of scientific inquiry he hurled himself out of the window again. Douglas Adams Mostly Harmless Strangely, the thing that least intrigued me was how they’d managed to get it all done. I suppose I sort of knew. If I’d learned one thing from traveling, it was that the way to get things done was to go ahead and do them. Don’t talk about going to Borneo. Book a ticket, get a visa, pack a bag, and it just happens. Alex Garland The Beach vi Chapter Summary 1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Computing Sub-basics . . . . . . . . . . . . . . . . . . ....
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...Introduction to Multimedia Systems This Page Intentionally Left Blank Introduction to Multimedia Systems Editors Gaurav Bhatnagar Shikha Mehta Sugata Mitra Centre for Research in Cognitive Systems (CRCS) NIITUd. New Delhi, India ACADEMIC PRESS A Harcourt Science and Technology Company San Diego San Francisco New York Boston London Sydney Tokyo Cover art: © 2001 John Foxx Images This book is printed on acid-free paper, w Copyright © 2002 by ACADEMIC PRESS All Rights Reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the publisher. Requests for permission to make copies of any part of the work should be mailed to: Permissions Department, Harcourt Inc., 6277 Sea Harbor Drive, Orlando, Florida 32887-6777 Explicit permission from Academic Press is not required to reproduce a maximum of two figures or tables from an Academic Press chapter in another scientific or research publication provided that the material has not been credited to another source and that full credit to the Academic Press chapter is given. Academic Press A division of Harcourt, Inc. 525 B Street, Suite 1900, San Diego, Cahfomia 92101-4495, USA http://www.academicpress.com Academic Press Harcourt Place, 32 Jamestown Road, London NWl 7BY, UK http ://www. academicpress...
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...password. PowerPoint Slides. Contain figures, tables, highlighted points, and brief descriptions of each section. Complete Solutions Manual. Password-protected solutions to all end-of-chapter problems are provided. a Pageout. A free tool that helps you create your own course website. D Instructor Message Board. Allows you to share ideas with other instructors using the text. a o Student Resources The student resources are available to those students using the book. Once you have accessed the Online Learning Center, click on "Student Resources," then select a chapter from the drop down menu that appears. Each chapter has a wealth of materials to help you review communications and networking concepts. Included are: Chapter Summaries. Bulleted summary points provide an essential review of major ideas and concepts covered in each chapter. a Student Solutions Manual. Contains answers for odd-numbered problems. Glossary. Defines key terms presented in the book. Flashcards. Facilitate learning through practice and review. a Animated Figures. Visual representations model key networking concepts, bringing them to life. D Automated Quizzes. Easy-to-use quizzes strengthen learning and emphasize important ideas from the book. Web links. Connect students to additional resources available online. a o o a DATA COMMUNICATIONS AND NETWORKING McGraw-Hill Forouzan Networking Series Titles by Behrouz A. Forouzan: Data...
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