...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 claims asserted by individual defendants and the social and cultural implications of accepting or rejecting those claims. In immediate terms, the approach should lead to a more consistent and predictable fair use jurisprudence.When viewed in light of recent research by cognitive psychologists and other social scientists on patternsand creativity, in broader terms, the approach should...
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...[pic] Frank G. Madsen Queens’ College University of Cambridge International Monetary Flows of Non-Declared Origin This dissertation is submitted to the University of Cambridge to Fulfil the Requirements for the Degree of Doctor of Philosophy April 2008 Ambrogio Lorenzetti, Effetti del Buon Governo Siena, Palazzo Pubblico Sala dei Nove 1337-1340 Declaration This dissertation is the result of my own work and includes nothing, which is the outcome of work done in collaboration. Chapter 3, “Complexity, TOC and Terrorism”, was presented in an embryonic form at the ISA conference in Chicago, USA, March 2007. Chapter 4, “Organised Crime”, is the further elaboration of a chapter of the same title published in 2007 in the Oxford Handbook on the United Nations Statement of Length The dissertation does not exceed the word limit of 80,000 words Fieldwork Thailand (money laundering); Indonesia and Burma (deforestation); New York (US money supply); Washington DC and Fort Worth, Texas (Organised Crime linked to terrorist funding); Australia (Sydney, (APG) and Canberra (money laundering, South Pacific); and Rome, Italy (Chinese organised crime). Contact Frank.Madsen@cantab.net Abstract Through an analysis of the presence and nature of international monetary flows of non-declared origin and their relation to deviant knowledge, the thesis...
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...C O D E C ODE v e r s i o n 2 . 0 L A W R E N C E L E S S I G A Member of the Perseus Books Group New York Copyright © 2006 by Lawrence Lessig CC Attribution-ShareAlike Published by Basic Books A Member of the Perseus Books Group Printed in the United States of America. For information, address Basic Books, 387 Park Avenue South, New York, NY 10016–8810. Books published by Basic Books are available at special discounts for bulk purchases in the United States by corporations, institutions, and other organizations. For more information, please contact the Special Markets Department at the Perseus Books Group, 11 Cambridge Center, Cambridge MA 02142, or call (617) 252-5298, (800) 255-1514 or e-mail special.markets@perseusbooks.com. CIP catalog record for this book is available from the Library of Congress. ISBN-10: 0–465–03914–6 ISBN-13: 978–0–465–03914–2 06 07 08 09 / 10 9 8 7 6 5 4 3 2 1 Code version 1.0 FOR CHARLIE NESSON, WHOSE EVERY IDEA SEEMS CRAZY FOR ABOUT A YEAR. Code version 2.0 TO WIKIPEDIA, THE ONE SURPRISE THAT TEACHES MORE THAN EVERYTHING HERE. C O N T E N T S Preface to the Second Edition Preface to the First Edition Chapter 1. Code Is Law Chapter 2. Four Puzzles from Cyberspace PART I: “REGULABILITY” ix xiii 1 9 Chapter 3. Is-Ism: Is the Way It Is the Way It Must Be? Chapter 4. Architectures of Control Chapter 5. Regulating Code PART II: REGULATION BY CODE 31 38 61 Chapter 6. Cyberspaces Chapter 7. What Things Regulate...
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...1234567890 QFR/QFR 10987654321 ISBN: 978-0-07-340696-1 MHID: 0-07-340696-1 Vice President & Editor-in-Chief: Michael Ryan Vice President EDP/Central Publishing Services: Kimberly Meriwether David Publisher: Christopher Freitag Sponsoring Editor: Matthew Busbridge Executive Marketing Manager: Pamela S. Cooper Editorial Coordinator: Nikki Weissman Project Manager: Erin Melloy Design Coordinator: Margarite Reynolds Cover Designer: Carole Lawson Cover Image: Albert Bierstadt, American (born in Germany), 1830–1902 Valley of the Yosemite, 1864 (detail) Oil on paperboard 30.16 × 48.89 cm (11 7/8 × 19 1/4 in.) Museum of Fine Arts, BostonGift of Martha C. Karolik for the M. and M. Karolik Collection of American Paintings, 1815–1865 47.1236 Buyer: Susan K. Culbertson Media Project Manager: Sridevi Palani Compositor: MPS Limited, a Macmillan Company Typeface: 10.5/12 Times Roman...
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...In Cold Blood Truman Capote I. The Last to See Them Alive The village of Holcomb stands on the high wheat plains of western Kansas, a lonesome area that other Kansans call "out there." Some seventy miles east of the Colorado border, the countryside, with its hard blue skies and desert-clear air, has an atmosphere that is rather more Far West than Middle West. The local accent is barbed with a prairie twang, a ranch-hand nasalness, and the men, many of them, wear narrow frontier trousers, Stetsons, and high-heeled boots with pointed toes. The land is flat, and the views are awesomely extensive; horses, herds of cattle, a white cluster of grain elevators rising as gracefully as Greek temples are visible long before a traveler reaches them. Holcomb, too, can be seen from great distances. Not that there's much to see simply an aimless congregation of buildings divided in the center by the main-line tracks of the Santa Fe Rail-road, a haphazard hamlet bounded on the south by a brown stretch of the Arkansas (pronounced "Ar-kan-sas") River, on the north by a highway, Route 50, and on the east and west by prairie lands and wheat fields. After rain, or when snowfalls thaw, the streets, unnamed, unshaded, unpaved, turn from the thickest dust into the direst mud. At one end of the town stands a stark old stucco structure, the roof of which supports an electric sign - dance - but the dancing has ceased and the advertisement has been dark for several years. Nearby is another building...
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...In Cold Blood Truman Capote I. The Last to See Them Alive The village of Holcomb stands on the high wheat plains of western Kansas, a lonesome area that other Kansans call "out there." Some seventy miles east of the Colorado border, the countryside, with its hard blue skies and desert-clear air, has an atmosphere that is rather more Far West than Middle West. The local accent is barbed with a prairie twang, a ranch-hand nasalness, and the men, many of them, wear narrow frontier trousers, Stetsons, and high-heeled boots with pointed toes. The land is flat, and the views are awesomely extensive; horses, herds of cattle, a white cluster of grain elevators rising as gracefully as Greek temples are visible long before a traveler reaches them. Holcomb, too, can be seen from great distances. Not that there's much to see simply an aimless congregation of buildings divided in the center by the main-line tracks of the Santa Fe Rail-road, a haphazard hamlet bounded on the south by a brown stretch of the Arkansas (pronounced "Ar-kan-sas") River, on the north by a highway, Route 50, and on the east and west by prairie lands and wheat fields. After rain, or when snowfalls thaw, the streets, unnamed, unshaded, unpaved, turn from the thickest dust into the direst mud. At one end of the town stands a stark old stucco structure, the roof of which supports an electric sign - dance - but the dancing has ceased and the advertisement has been dark for several years. Nearby is another building...
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...THE POWER OF HABIT Duhi_9781400069286_2p_all_r1.j.indd i 10/17/11 12:01 PM Duhi_9781400069286_2p_all_r1.j.indd ii 10/17/11 12:01 PM HABIT W h y We D o W h a t We D o and How to Change It THE POWER OF CHARLES DUHIGG Random House e N e w Yo r k Duhi_9781400069286_2p_all_r1.j.indd iii 10/17/11 12:01 PM This is a work of nonfiction. Nonetheless, some names and personal characteristics of individuals or events have been changed in order to disguise identities. Any resulting resemblance to persons living or dead is entirely coincidental and unintentional. Copyright © 2012 by Charles Duhigg All rights reserved. Published in the United States by Random House, an imprint of The Random House Publishing Group, a division of Random House, Inc., New York. RANDOM HOUSE and colophon are registered trademarks of Random House, Inc. ISBN 978-1-4000-6928-6 eBook ISBN 978-0-679-60385-6 Printed in the United States of America on acid-free paper Illustrations by Anton Ioukhnovets www.atrandom.com 2 4 6 8 9 7 5 3 1 First Edition Book design by Liz Cosgrove Duhi_9781400069286_2p_all_r1.j.indd iv 10/17/11 12:01 PM To Oliver, John Harry, John and Doris, and, everlastingly, to Liz Duhi_9781400069286_2p_all_r1.j.indd v 10/17/11 12:01 PM Duhi_9781400069286_2p_all_r1.j.indd vi 10/17/11 12:01 PM CONTENTS PROLOGUE The Habit Cure GGG xi PA R T O N E The Habits of Individuals 1. THE HABIT LOOP How Habits Work 3 31 60 2. THE...
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...Advertising, Promotion, and other aspects of Integrated Marketing Communications Terence A. Shimp University of South Carolina Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States Advertising, Promotion, & Other Aspects of Integrated Marketing Communications, 8e Terence A. Shimp Vice President of Editorial, Business: Jack W. Calhoun Vice President/Editor-in-Chief: Melissa S. Acuna Acquisitions Editor: Mike Roche Sr. Developmental Editor: Susanna C. Smart Marketing Manager: Mike Aliscad Content Project Manager: Corey Geissler Media Editor: John Rich Production Technology Analyst: Emily Gross Frontlist Buyer, Manufacturing: Diane Gibbons Production Service: PrePressPMG Sr. Art Director: Stacy Shirley Internal Designer: Chris Miller/cmiller design Cover Designer: Chris Miller/cmiller design Cover Image: Getty Images/The Image Bank Permission Aquistion Manager/Photo: Deanna Ettinger Permission Aquistion Manager/Text: Mardell Glinski Schultz © 2010, 2007 South-Western, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright hereon may be reproduced or used in any form or by any means—graphic, electronic, or mechanical, including photocopying, recording, taping, Web distribution, information storage and retrieval systems, or in any other manner—except as may be permitted by the license terms herein. For product information and technology assistance, contact us at Cengage Learning Customer &...
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...airplanes and defense, space and security systems. A top U.S. exporter, the company supports airlines and U.S. and allied government customers in more than 90 countries. Our products and tailored services include commercial and military aircraft, satellites, weapons, electronic and defense systems, launch systems, advanced information and communication systems, and performance-based logistics and training. With corporate offices in Chicago, Boeing employs more than 160,000 people across the United States and in 70 countries. Our leadership is strengthened further by hundreds of thousands of people who work for Boeing suppliers worldwide. Contents Operational Summary Message From Our Chairman The Executive Council Financial Results Form 10-K Selected Programs, Products and Services Shareholder Information Board of Directors Company Officers 1 2 7 8 9 134 141 142 142 Cover photo: 787 Dreamliner in flight test Photo above: F/A-18E/F Super Hornet strength Operational Summary Q Earned net income of $3.3 billion, or $4.46 per share, compared with $1.3 billion, or $1.87 per share, in 2009. Q Delivered 115 production military aircraft, two launch vehicles and four satellites, and increased backlog at Defense, Space & Security to $65 billion, more than twice the business unit’s 2010 revenue. Q Delivered the 900th 777 and started assembly of the 1,000th 767. Q Delivered revenues of $64.3 billion, compared with $68.3 billion in 2009. Q Achieved key Defense, Space...
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...http://www.nap.edu/catalog/9728.html We ship printed books within 1 business day; personal PDFs are available immediately. To Err Is Human: Building a Safer Health System Linda T. Kohn, Janet M. Corrigan, and Molla S. Donaldson, Editors; Committee on Quality of Health Care in America, Institute of Medicine ISBN: 0-309-51563-7, 312 pages, 6 x 9, (2000) This PDF is available from the National Academies Press at: http://www.nap.edu/catalog/9728.html Visit the National Academies Press online, the authoritative source for all books from the National Academy of Sciences, the National Academy of Engineering, the Institute of Medicine, and the National Research Council: • Download hundreds of free books in PDF • Read thousands of books online for free • Explore our innovative research tools – try the “Research Dashboard” now! • Sign up to be notified when new books are published • Purchase printed books and selected PDF files Thank you for downloading this PDF. If you have comments, questions or just want more information about the books published by the National Academies Press, you may contact our customer service department tollfree at 888-624-8373, visit us online, or send an email to feedback@nap.edu. This book plus thousands more are available at http://www.nap.edu. Copyright © National Academy of Sciences. All rights reserved. Unless otherwise indicated, all materials in this PDF File are copyrighted by the National Academy of Sciences. Distribution, posting, or copying...
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...OUTLINE OF U.S. HISTORY OUTLINE OF OUTLINE OF U.S. HISTORY C O N T E N T S CHAPTER 1 Early America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 CHAPTER 2 The Colonial Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 CHAPTER 3 The Road to Independence . . . . . . . . . . . . . . . . . . . . . . . . . . 50 CHAPTER 4 The Formation of a National Government . . . . . . . . . . . . 66 CHAPTER 5 Westward Expansion and Regional Differences . . . . . . . 110 CHAPTER 6 Sectional Conflict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 CHAPTER 7 The Civil War and Reconstruction . . . . . . . . . . . . . . . . . . 140 CHAPTER 8 Growth and Transformation . . . . . . . . . . . . . . . . . . . . . . . 154 CHAPTER 9 Discontent and Reform . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 CHAPTER 10 War, Prosperity, and Depression . . . . . . . . . . . . . . . . . . . . 202 CHAPTER 11 The New Deal and World War I . . . . . . . . . . . . . . . . . . . . . 212 CHAPTER 12 Postwar America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 CHAPTER 13 Decades of Change: 1960-1980 . . . . . . . . . . . . . . . . . . . . . 274 CHAPTER 14 The New Conservatism and a New World Order . . . . . . 304 CHAPTER 15 Bridge to the 21st Century . . . . . . . . . . . . . . . . . . . . . . . . . 320 PICTURE PROFILES Becoming a Nation . . . . . . . . . . . . . ....
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...ROBERT F. HARTLEY • Cindy Claycomb 12th Edition T W E L F T H E D I T I O N MARKETING MISTAKES AND SUCCESSES Robert F. Hartley Late of Cleveland State University Cindy Claycomb Wichita State University VICE PRESIDENT & EXECUTIVE PUBLISHER SENIOR EDITOR PROJECT EDITOR EDITORIAL ASSISTANT ASSOCIATE DIRECTOR OF MARKETING MARKETING MANAGER MARKETING ASSISTANT DESIGN DIRECTOR PRODUCT DESIGNER SENIOR PRODUCTION MANAGER ASSOCIATE PRODUCTION MANAGER PRODUCTION EDITOR COVER DESIGNER George Hoffman Franny Kelly Brian Baker Jacqueline Hughes Amy Scholz Kelly Simmons Marissa Carroll Harry Nolan Allison Morris Janis Soo Joel Balbin Eugenia Lee Kenji Ngieng This book was set in 10/12 New Caledonia by Aptara®, Inc. and printed and bound by Courier/Westford. The cover was printed by Courier/Westford. This book is printed on acid-free paper. Founded in 1807, John Wiley & Sons, Inc. has been a valued source of knowledge and understanding for more than 200 years, helping people around the world meet their needs and fulfill their aspirations. Our company is built on a foundation of principles that include responsibility to the communities we serve and where we live and work. In 2008, we launched a Corporate Citizenship Initiative, a global effort to address the environmental, social, economic, and ethical challenges we face in our business. Among the issues we are addressing are carbon impact, paper specifications and procurement, ethical...
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...An Integrated Approach to Strategy Running Case Featuring Wal-Mart Wal-Mart’s Competitive Advantage (Chapter 1) ● Working Conditions at Wal-Mart (Chapter 2) ● Wal-Mart’s Bargaining Power over Suppliers (Chapter 3) ● Human Resource Strategy and Productivity at Wal-Mart (Chapter 4) ● How Wal-Mart Became a Cost Leader (Chapter 5) ● Wal-Mart’s Global Expansion (Chapter 6) ● WalMart Internally Ventures a New Kind of Retail Store (Chapter 8) ● Sam Walton’s Approach to Implementing Wal-Mart’s Strategy (Chapter 9) Strategy in Action Features A Strategic Shift at Microsoft (Chapter 1) ● The Agency Problem at Tyco (Chapter 2) ● Circumventing Entry Barriers into the Soft Drink Industry (Chapter 3) ● Learning Effects in Cardiac Surgery (Chapter 4) ● How to Make Money in the Vacuum Tube Business (Chapter 5) ● The Evolution of Strategy at Procter & Gamble (Chapter 6) ● Diversification at 3M: Leveraging Technology (Chapter 7) ● News Corp’s Successful Acquisition Strategy (Chapter 8) ● How to Flatten and Decentralize Structure (Chapter 9) Practicing Strategic Management Application-based activities intended to get your students thinking beyond the book. Small-Group Exercises Short experiential exercises that ask students to coordinate and collaborate on group work focused on an aspect of strategic management. Exploring the Web Internet exercises that require students to explore company websites and answer chapter-related questions. Designing a Planning System (Chapter 1) Evaluating...
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...An Integrated Approach to Strategy Running Case Featuring Wal-Mart Wal-Mart’s Competitive Advantage (Chapter 1) ● Working Conditions at Wal-Mart (Chapter 2) ● Wal-Mart’s Bargaining Power over Suppliers (Chapter 3) ● Human Resource Strategy and Productivity at Wal-Mart (Chapter 4) ● How Wal-Mart Became a Cost Leader (Chapter 5) ● Wal-Mart’s Global Expansion (Chapter 6) ● WalMart Internally Ventures a New Kind of Retail Store (Chapter 8) ● Sam Walton’s Approach to Implementing Wal-Mart’s Strategy (Chapter 9) Strategy in Action Features A Strategic Shift at Microsoft (Chapter 1) ● The Agency Problem at Tyco (Chapter 2) ● Circumventing Entry Barriers into the Soft Drink Industry (Chapter 3) ● Learning Effects in Cardiac Surgery (Chapter 4) ● How to Make Money in the Vacuum Tube Business (Chapter 5) ● The Evolution of Strategy at Procter & Gamble (Chapter 6) ● Diversification at 3M: Leveraging Technology (Chapter 7) ● News Corp’s Successful Acquisition Strategy (Chapter 8) ● How to Flatten and Decentralize Structure (Chapter 9) Practicing Strategic Management Application-based activities intended to get your students thinking beyond the book. Small-Group Exercises Short experiential exercises that ask students to coordinate and collaborate on group work focused on an aspect of strategic management. Exploring the Web Internet exercises that require students to explore company websites and answer chapter-related questions. Designing a Planning System (Chapter 1) Evaluating...
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...C h a p t e r 1 Prewriting GETTING STARTED (OR SOUP-CAN LABELS CAN BE FASCINATING) For many writers, getting started is the hardest part. You may have noticed that when it is time to begin a writing assignment, you suddenly develop an enormous desire to straighten your books, water your plants, or sharpen your pencils for the fifth time. If this situation sounds familiar, you may find it reassuring to know that many professionals undergo these same strange compulsions before they begin writing. Jean Kerr, author of Please Don’t Eat the Daisies, admits that she often finds herself in the kitchen reading soup-can labels—or anything—in order to prolong the moments before taking pen in hand. John C. Calhoun, vice president under Andrew Jackson, insisted he had to plow his fields before he could write, and Joseph Conrad, author of Lord Jim and other novels, is said to have cried on occasion from the sheer dread of sitting down to compose his stories. To spare you as much hand-wringing as possible, this chapter presents some practical suggestions on how to begin writing your short essay. Although all writers must find the methods that work best for them, you may find some of the following ideas helpful. But no matter how you actually begin putting words on paper, it is absolutely essential to maintain two basic ideas concerning your writing task. Before you write a single sentence, you should always remind yourself that 1. You have some valuable ideas to tell your reader,...
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