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...We also recommend one other threshold requirement for a user to qualify for the orphan works limitations on remedies: throughout the use of the work, the user must provide attribution to the author and copyright owner of the work if such attribution is possible and as is reasonably appropriate under the circumstances. The idea is t...

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.........................................................11 4. Limitation on Remedies...................................................................... ...........................................61 3. Berne Provisions Related to Remedies...................................................................... ...........................................65 4. TRIPS Provisions Related to Remedies...................................................................... ..........................66 5. WIPO Internet Treaties Provisions Related to Remedies ..................................................................... ...concluded, that idea/expression distinctions “require a certain degree of judicial interpretation is not merely permissible – it is a bedrock assump... ...s on a case-by-case basis. Section 107 is intended to restate the present judicial doctrine of fair use, not to change, narrow, or enlarge it in any... ...ganization Members are required to “make available to right holders civil judicial procedures concerning the enforcement of” copyright and certain o... ....” 190 These procedures must be “fair and equitable.” 191 The civil judicial procedures must satisfy numerous procedural and evidentiary minim... ...evidentiary minima. 192 Regarding injunctions, TRIPS requires that the “judicial authorities . . . have the authority to order a party to desist f...

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.........................................................11 4. Limitation on Remedies...................................................................... ...........................................61 3. Berne Provisions Related to Remedies...................................................................... ...........................................65 4. TRIPS Provisions Related to Remedies...................................................................... ..........................66 5. WIPO Internet Treaties Provisions Related to Remedies ..................................................................... ...concluded, that idea/expression distinctions “require a certain degree of judicial interpretation is not merely permissible – it is a bedrock assump... ...s on a case-by-case basis. Section 107 is intended to restate the present judicial doctrine of fair use, not to change, narrow, or enlarge it in any... ...ganization Members are required to “make available to right holders civil judicial procedures concerning the enforcement of” copyright and certain o... ....” 190 These procedures must be “fair and equitable.” 191 The civil judicial procedures must satisfy numerous procedural and evidentiary minim... ...evidentiary minima. 192 Regarding injunctions, TRIPS requires that the “judicial authorities . . . have the authority to order a party to desist f...

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.........................................................11 4. Limitation on Remedies...................................................................... ...........................................61 3. Berne Provisions Related to Remedies...................................................................... ...........................................65 4. TRIPS Provisions Related to Remedies...................................................................... ..........................66 5. WIPO Internet Treaties Provisions Related to Remedies ..................................................................... ...concluded, that idea/expression distinctions “require a certain degree of judicial interpretation is not merely permissible – it is a bedrock assump... ...s on a case-by-case basis. Section 107 is intended to restate the present judicial doctrine of fair use, not to change, narrow, or enlarge it in any... ...ganization Members are required to “make available to right holders civil judicial procedures concerning the enforcement of” copyright and certain o... ....” 190 These procedures must be “fair and equitable.” 191 The civil judicial procedures must satisfy numerous procedural and evidentiary minim... ...evidentiary minima. 192 Regarding injunctions, TRIPS requires that the “judicial authorities . . . have the authority to order a party to desist f...

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...e signal traceable to the stroke of a judge’s quill in Marshall, T exas. The judicial logic for such an order is drawn from fundamental contraband rul... ...orcement 103 erty rights, it can be impounded and destroyed. 11 Impoundment remedies are usually encountered only in the form of Prohibition-era-styl... ...een stayed, and no DVRs have yet been remotely destroyed. 15 But such remote remedies are not wholly unprecedented. In 2001, a U.S. fed- eral court he... ...infringement judgment. Specific injunction also allows for much more tailored remedies, like the PlayMedia-specific court order discussed earlier. Such ... ...ent- After the Stall 108 specific, user-specific, or even time-specific. These remedies can apply to some units and not others, allowing regulators to w... ...ft to claims that the activity is not very common or that existing tools and remedies are sufficiently effective—or they rely on some of the other object... ...nks to discussions about domain name dis- putes); see also R. Lynn Campbell, Judicial Involvement in Domain Name Disputes in Canada, 34 R  D... ...oning whether the legitimacy of Creative Commons li- censes should depend on judicial validation). 119. T o be sure, it may be easy for the wishes exp...

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...hat the English philosopher Francis Bacon said, „He that will not apply new remedies must expect new evils, for time is the greatest innovator.‟” ... ...e to have so much crime committed and to spend so much money on police, the judicial systems and the penal systems. Wouldn’t it be nice to be able t... ... to do with California law today. As you well know, laws can be changed and judicial interpretations of laws can change. Even the Supreme Court reve...

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...nd. Their suggestion in this Court that a continuing royalty pur- suant to a judicially created compulsory license would be an acceptable remedy merel... ...e of the result he reached, but because he reached it in an overly broad and judicially inappropriate way that became a guideline for future cultural ... ...bases” that we need a legal monopoly to encourage and that we want to tie up judicial resources protecting. The point that many more such factual reso... ...3, 110th Cong. (2008), would add a new section to the Copyright Act limiting remedies for infringement of orphan works and requiring the establishment... ...ridge, Mass.: Harvard University Press, 1990): xiv (quoting Paul Bator, “The Judicial Universe of Judge Richard Posner,” University of Chicago Law Rev... ...enkler’s article, “Constitutional Bounds of Database Protection: The Role of Judicial Review in the Creation and Definition of Private Rights in Inform...

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...t is to be eaten, how it is to be cooked, what clothes are to be worn, how judicial systems are to be organized, and much else. Small groups such as t... ...ns by obstacles remain despite the eventual gift of healing techniques and remedies by the once evil Twin who has now become the patron of healing. Th... ...ir first settlements by expropriating land, assuming sovereignty and legal/judicial authority over the Indians and their lands, though later on the se...

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...nche of cheap imports. Steel quotas, farm and export subsidies, all manner of trade remedies failed to stem the tide of national red ink. The dirt... ...itoring the use of debt relief for poverty reduction, data dissemination, legal and judicial reform, fiscal and monetary transparency, and even int...

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...nto. Hell was full meaninglessness and savagery without rationale and with a judicial system forcing the mutilated further into unprecedented horrors.... ...uld make robbers leave and Zulu witch doctors with instantaneous and magical remedies appear. She did not, however, have the energy and that fly kept...

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...truth. A perfect example is the internet where endless articles, services, remedies, and products exist for every known interest, need, or ailmen... ...utright bribery while constantly screaming about the sacredness of the Law and judicial legality, while inventing and practicing every legal corrupti... ...er social corruption; that not only all three separate branches of the system: judicial, legislative, and the presidency; have been corrupted by coll... ...do the simple things that will make them better. All the countless of proven remedies, and researched things that work; are pooh-poohed, buried, ign...

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...f justice. The extent of the township was too small to contain a system of judicial institutions; each county has, however, a court of justice,* a she... ... obedience of the township and the county to the law – The introduction of judicial power into the administration – Consequence of the extension of th... ...ase of disobedience; or the courts of justice may be authorized to inflict judicial penalties on the offender: but these two methods are not always av... ...es of the government are elected are perforce obliged to make great use of judicial penalties as a means of admin- istration. This is not evident at f... ...cede to the election of the magistrate, and leave him inde- pendent of the judicial power. Nevertheless, the second of these measures is the only thin... ...y; and this extemporaneous assembly gives rise to an executive power which remedies the inconvenience before anybody has thought of recurring to an au... ...evil tendencies which impair the national character, and to point out such remedies as it might be possible to apply; but no one is there to hear thes... ...the Arkansas; they will then be exposed to the same evils without the same remedies, and as the limits of the earth will at last fail them, their only... ...d to the interest of the many. The politi- cal world is metamorphosed: new remedies must henceforth be sought for new disorders. T o lay down extensiv...

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... to see the error of spontaneous and violent decisions. By the help of his judicial second-sight he could pierce the double casing of lies in which ad... ...d no one extracted a confession so easily as he without having recourse to judicial trickery. He had, too, all the acu- men of an observer. This man, ... ...d for by Article 448 of the Civil Code, and require the application of the remedies set forth by that article, for the security of his fortune and his... ...ot faultless.” “But these are the facts?” “My boy, do you not know all the judicial romances with which clients impose on their attorneys? If the atto...

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...gly, the greater part of our confessions (that is, sponta- neous and extra-judicial confessions) proceed from demireps, adventurers, or swindlers: and... ...m depression of spirits, it attacked me with a violence that yielded to no remedies but opium. As the youthful sufferings which first produced this de... ... according to the old legend, had entered the cave of T rophonius; and the remedies I sought were to force myself into society, and to keep my underst...

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... of it, even if the mischief is done. The one prevents the evil, the other remedies it. And besides, in the maiden’s motherhood there is an element of... ...ciences, given in a condensed form, will perhaps serve as a picture of the judicial world in a coun- try town. Magistrates and officials generally are... ...nd officials generally are obliged to begin their career in the provinces; judicial ambition there ferments. At the outset every man looks towards Par... ...me. Camusot was such a woman. She did not refrain from meddling in matters judicial. She had far too strong a sense of the gravity of a false step in ... ...it looks like a forgery to me,” said old Blondet. No passion could obscure judicial clear-sightedness in him. “Do you think so?” returned Camusot. “Bu...

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...y to pur- sue these anti-social chimeras through their consequences. Stern remedies would summarily crush so monstrous an evil. Our purpose is answere... ...ffecting their peculiar functions. They are ques- tions more or less extra-judicial. The true point of compari- son is upon the talents of policy in t... ...cases, 101 Thomas de Quincey for which their own appropriate ten thousand remedies have been found. What was the issue? The entire body of gallant (m... ...llegiance. However bloody, therefore, this tragedy was no murder. It was a judicial punishment, built upon known acts and admitted laws, designed in m... ...s satisfac- torily established by the recent publication, at Paris, of the judicial process itself in its full official records. NOTE 12. The notes ar...

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...avy for a brave soldier just home from Algiers. “Great evils demand heroic remedies.” “Valerie, where are you off to?” cried Marneffe, standing betwee... ... he was sending to the Ministry of Justice to obtain information as to the judicial authorities under whose jurisdiction Johann Fischer might fall, Re... ... up still wriggle and move. Strong salts, cold water, and all the ordinary remedies were applied to recall the Baroness to her senses, or rather, to t... ...n-law is too clever by half; he is getting on. The Courts and the Chamber, judicial trick- ery and political dodges, are making a man of him with a ve... ...rofessor Angard had met in consultation, and were prepared to apply heroic remedies to hinder the rush of blood to the head. At the moment when Victor... ...ng his mother’s health improve daily, gave himself up to his political and judicial duties, swept along by the tide of Paris life, in which the hours ... ...nfection. Bianchon pro- duced Professor Duval’s analysis of the blood. The remedies to be applied, though absolutely empirical and without hope, depen... ...’s opinion car- ried the day, and the only question now was how to try the remedies. “At any rate, we shall have a splendid post-mortem,” said one of ...

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...rehend the contents. And she gathered together in a body all those ex- tra-judicial little pleasures of that sweet language, which come indeed from th... ...ueil was seized with an illness, and died deplorably, with- out taking any remedies, this spite of the fervent requests which she who was speaking had... ... prayed of the Church, whom I have deceived and betrayed, whose rights and judicial renown I have sold, to grant me the opportunity of accusing myself...

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...y in language the varieties of those who compose this dispensary of social remedies so essential to all governments— the spy has this curious and magn... ...rt in the construction of the Code called that of Brumaire, year IV ., the judicial work of the National Convention, so-called, and promulgated by the... ...ark, by the way, that the Con- 125 Balzac vention had eliminated from its judicial vocabulary the word “crime”; delinquencies and misdemeanors were a... ...onsieur and Madame d’Hauteserre, all the while thinking 141 Balzac of the judicial struggle which was now being hurried on. She was, however, to rece...

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...inst this festering darkness. It was a condition of affairs clamouring for remedies, but there was an immense amount of indiffer- ence and prejudice t... ...n immense amount of indiffer- ence and prejudice to be overcome before any remedies were possible. Perhaps some day some industrious and lucid his- to... ... muscular movements in his neck and cheek and chin and his brows knit—very judicial, very concentrated, preparing to say the apt just thing; it was th... ...world. “There are so many things to do, you see,” began Willersley, in his judicial lecturer’s voice. “So many things we may do,” I interrupted, “with... ...f the latest public appointments, of golf, of holiday resorts, of the last judicial witticisms and forensic 213 H G Wells “crushers.” The New Year an... ...ach generation into the authoritative leaders of the next, and I suggested remedies upon lines that I have already indi- cated in the earlier chapters...

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....’ ‘Drink a draught of hot milk,’ said Kim, who had carried not a few such remedies to opium smokers of his acquain tance. ‘It is time to take the Ro... ...spenser of Delights,’ and he was gone. ‘These be the sort’–she took a fine judicial tone, and stuffed her mouth with pan–‘These be the sort to oversee... ...ed Kim as to the care of his own body, the cure of fever fits, and simple remedies of the Road. A week before it was time to go down, Colonel Creight... ...98 Kim and certainly it makes him fat as Shiv’s own bull. He does not deny remedies, but I doubted for the child because of the in auspicious colour o...