Oregon Law Review : Vol. 87, No. 4 (2008)
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Item Open Access Oregon Law Review : Vol. 87 No. 4, p.1293-1326 : Circumventing Fair Use: How the Digital Millennium Copyright Act Restricts Fair Use and What to Do About It(University of Oregon School of Law, 2008) Cohen, Adam J.Parts I and II lay out the fundamentals of conventional copyright law and the fair use defense to infringement. Part III explores the changes in copyright law made to accommodate the digital age, namely the DMCA. In the context of this statutory and common-law framework, Part IV explores the conflict between the ACPs and fair use. Part V applies the abstract principles from Part IV via a case study on DVDs. Finally, Part VI offers a proposal to solve the conflict introduced in Part IV: fair use should be a permissible affirmative defense to violations of the ACPs.Item Open Access Oregon Law Review : Vol. 87 No. 4, p.1259-1292 : Rodrigo’s Homily: Storytelling, Elite Self-Interest, and Legal Change (Book Review)(University of Oregon School of Law, 2008) Delgado, Richard; Bender, Steven W.; Rosenberg, Gerald N.Item Open Access Oregon Law Review : Vol. 87 No. 4, p.1183-1258 : Biofuels-- Snake Oil for the Twenty-First Century(University of Oregon School of Law, 2008) Rietze, Arnold W.Item Open Access Oregon Law Review : Vol. 87 No. 4, p.1133-1182 : From the Greedy to the Needy(University of Oregon School of Law, 2008) Gerzog, Wendy C.In some instances when a taxpayer makes a charitable donation, the loss of revenue to the government, and the corresponding gain to the taxpayer, far exceeds the benefit to the charity. Some of these losses may be generated by government-sanctioned complex transactions and even government-created devices. This Article analyzes various charitable donations in terms of the dollars gained by the taxpayer, the dollars lost by the government, and the dollars received by the charity. After considering a sliding scale of benefits to the charities in light of the revenue losses to the government and taxpayer gains, this Article makes some normative conclusions about whether the good a donor does justifies his currently available tax benefits and then proposes some solutions.Item Open Access Oregon Law Review : Vol. 87 No. 4, p.1101-1132 : Harry Potter and the (Re)Order of the Artists: Are We Muggles or Goblins?(University of Oregon School of Law, 2008) Pulsinelli, Gary