About: NXIVM Corp. v. Ross Institute

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NXIVM Corp. v. The Ross Institute, 364 F.3d 471 (2d Cir. 2004), was a United States Court of Appeals for the Second Circuit decision that held that the defendant's critical analysis of material obtained in bad faith, i.e., in violation of a non-disclosure agreement, was fair use since the secondary use was transformative as criticism and was not a potential replacement for the original on the market, regardless of how the material was obtained.

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rdfs:label	NXIVM Corp. v. Ross Institute (en)
rdfs:comment	NXIVM Corp. v. The Ross Institute, 364 F.3d 471 (2d Cir. 2004), was a United States Court of Appeals for the Second Circuit decision that held that the defendant's critical analysis of material obtained in bad faith, i.e., in violation of a non-disclosure agreement, was fair use since the secondary use was transformative as criticism and was not a potential replacement for the original on the market, regardless of how the material was obtained. (en)
foaf:depiction
dct:subject	Fair use case law NXIVM United States copyright case law
Wikipage page ID	28280472 (xsd:integer)
Wikipage revision ID	1058345306 (xsd:integer)
Link from a Wikipage to another Wikipage	Campbell v. Acuff-Rose Music, Inc. Fair use case law Fair use doctrine Non-disclosure agreement Dennis Jacobs Cult United States Court of Appeals for the Second Circuit United States District Court for the Northern District of New York Injunction NXIVM NXIVM Bad faith United States copyright case law Cults Fair use Harper & Row v. Nation Enterprises Chester J. Straub Supreme Court of the United States Sex trafficking John M. Walker, Jr. Rick Alan Ross Transformative Ross Institute F.3d Substantiality U.S.P.Q.2d dbr:S:United_States_Code/Title_17/Chapter_1/Section_107
Link from a Wikipage to an external page	http://www.culteducation.com/group/907-nxivm/6047-a-forensic-psychiatrist-evaluates-esp.html https://law.justia.com/cases/federal/appellate-courts/F3/364/471/532988/ https://scholar.google.com/scholar_case%3Fcase=7931284525578289653 https://www.courtlistener.com/opinion/785777/nxivm-corporation-and-first-principles-inc-v-the-ross-institute-rick/ http://www.citmedialaw.org/threats/nxivm-corp-v-ross
sameAs	NXIVM Corp. v. Ross Institute NXIVM Corp. v. Ross Institute NXIVM Corp. v. Ross Institute
Subsequent	Certiorari denied (en)
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JoinMajority	Jacobs (en)
Prior	Preliminary injunction denied . Appealed to United States Court of Appeals for the Second Circuit (en)
ArgueDate	0001-11-19 (xsd:gMonthDay)
ArgueYear	2003 (xsd:integer)
case	25920.0 (second)
citations	17280.0 (second)
court	United States Court of Appeals for the Second Circuit
courtlistener	https://www.courtlistener.com/opinion/785777/nxivm-corporation-and-first-principles-inc-v-the-ross-institute-rick/
CourtSeal	Seal of the United States Court of Appeals for the Second Circuit.svg (en)
DecideDate	0001-04-20 (xsd:gMonthDay)
DecideYear	2004 (xsd:integer)
fullname	NXIVM Corporation and First Principles, Inc. v. The Ross Institute, et al. (en)
Holding	Defendants’ use of material for critical commentary was fair use despite bad faith on the part of the defendants in obtaining the material. (en)
judges	Chief Judge John M. Walker, Jr.; Circuit Judges Dennis Jacobs and Chester J. Straub (en)
justia	https://law.justia.com/cases/federal/appellate-courts/F3/364/471/532988/
Litigants	NXIVM Corp. v. The Ross Institute (en)
majority	Walker (en)
has abstract	NXIVM Corp. v. The Ross Institute, 364 F.3d 471 (2d Cir. 2004), was a United States Court of Appeals for the Second Circuit decision that held that the defendant's critical analysis of material obtained in bad faith, i.e., in violation of a non-disclosure agreement, was fair use since the secondary use was transformative as criticism and was not a potential replacement for the original on the market, regardless of how the material was obtained. NXIVM, (pronounced NEX-ee-um) was a sex trafficking cult that claimed to offer a life-improvement seminar called the "Executive Success Program" (ESP). At the time of the court case, NXIVM's status as a sex trafficking cult was not widely known to the public, and would not be until key leaders were indicted in 2018. NXIVM sued the Ross Institute and several individuals for posting quotations from a NXIVM training manual on Ross Institute's website in the context of two written critiques of the manual and NXIVM's training program. NXIVM's lawyers attempted to argue that the fair use doctrine did not apply since Ross had obtained copies of the manuscript in bad faith, i.e., he obtained them from a former ESP participant who had signed a non-disclosure agreement. Both the district court and the appeals court ruled in Ross's favor. An appeals judge stated, "Certainly, no critic should need an author's permission to make such criticism, regardless of how he came by the original; nor should publication be inhibited by a publisher's anxiety or uncertainty about an author's ethics if his secondary work is transformative." (en)
Concurrence	Jacobs (en)
googlescholar	https://scholar.google.com/scholar_case%3Fcase=7931284525578289653
prov:wasDerivedFrom	wikipedia-en:NXIVM_Corp._v._Ross_Institute?oldid=1058345306&ns=0
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is Link from a Wikipage to another Wikipage of	Metropolitan Detention Center, Brooklyn NXIVM NXIVM Corp. v. The Ross Institute Rick Alan Ross
is Wikipage redirect of	NXIVM Corp. v. The Ross Institute
is foaf:primaryTopic of	wikipedia-en:NXIVM_Corp._v._Ross_Institute

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