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  1. 17.27 Copyright—Affirmative Defense—Express License

    ... the plaintiff to show that the defendant’s  [copying] [distribution] [use] of the plaintiff’s copyrighted work exceeded the scope of ... unless the plaintiff proves the defendant’s [copying] [distribution] [use] of the plaintiff’s copyrighted work exceeded the scope of ...

  2. 17.28 Copyright—Affirmative Defense—First Sale (17 U.S.C. § 109(a))

    ... made abroad, by limiting the copyright holder’s exclusive distribution right to the first sale. Id. at 1106-07; see also Kirtsaeng v. ... of action because its rights to control importation and distribution of its copyrighted work expired after the authorized first sale); ...

  3. 9.39_criminal

    ... 1092, 1101 (9th Cir.2001). When a corporation makes a distribution to a stockholder initially characterized as a dividend, that ... be legitimately characterized as a non-taxable "capital distribution" if the corporation has no earnings. See Boulware v. United ...

  4. 8.185 Sexual Exploitation of Child—Possession of Child Pornography

    ... may be, but is not necessarily, a lesser-included offense of distribution of such materials under § 2252(a)(2). See United States v. ... When possession is charged along with either receipt or distribution, the court should ensure that the "separate conduct" requirement ...

  5. 20.23 Sexual Exploitation of Child—Possession of Child Pornography (18 U.S.C. § 2252(a)(4)(B))

    ... may be, but is not necessarily, a lesser included offense of distribution of such materials under § 2252(a)(2). See United States v. ... When possession is charged along with either receipt or distribution, the court should ensure that the “separate conduct” ...

  6. 12.1 Controlled Substance—Possession with Intent to Distribute (21 U.S.C. § 841(a)(1))

    ... See Comment to Instruction 12.4 (Controlled Substance—Distribution or Manufacture), if death or serious bodily injury occurred.   ...

  7. 12.18 Controlled Substance—Maintaining Drug-Involved Premises (21 U.S.C. § 856(a)(1))

    ... held that “in the residential context, the manufacture (or distribution or use) of drugs must at least be one of the primary or principal ...

  8. 9.15 Controlled Substance—Possession With Intent to Distribute

    ... See Comment to Instruction 9.18 (Controlled Substance—Distribution or Manufacture), if death or serious bodily injury occurred.  ...

  9. 17.2 Copyright—Defined

    ... law protects against [reproduction] [adaptation] [public distribution] [public performance] [public display] of identical or ...

  10. 12.19 Controlled Substance—Unlawful Importation(21 U.S.C. §§ 952, 960)

    ... “By their very nature, ‘importation’ offenses and ‘distribution’ offenses require entirely different factual bases to justify a ...

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