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Fishkill, New York

1714 establishments in the Province of New YorkFishkill, New YorkPoughkeepsie–Newburgh–Middletown metropolitan areaSource attributionVillages in Dutchess County, New York
Villages in New York (state)
Village of fishkill entrance 2006
Village of fishkill entrance 2006

Fishkill is a village within the town of Fishkill in Dutchess County, New York, United States. The village is in the eastern part of the town of Fishkill on U.S. Route 9. It is north of Interstate 84. NY 52 is the main street. It is part of the Poughkeepsie–Newburgh–Middletown, NY Metropolitan Statistical Area as well as the larger New York–Newark–Bridgeport, NY-NJ-CT-PA Combined Statistical Area. The first U. S. Post Office in New York state was established in Fishkill by Samuel Loudon, its first Postmaster.

Excerpt from the Wikipedia article Fishkill, New York (License: CC BY-SA 3.0, Authors, Images).

Fishkill, New York
Elm Street,

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Wikipedia: Fishkill, New YorkContinue reading on Wikipedia

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Latitude Longitude
N 41.534166666667 ° E -73.899166666667 °
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Elm Street 29
12524
New York, United States
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Village of fishkill entrance 2006
Village of fishkill entrance 2006
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American Geophysical Union v. Texaco, Inc.
American Geophysical Union v. Texaco, Inc.

American Geophysical Union v. Texaco, Inc., 60 F.3d 913, was a 1995 U.S. copyright case holding that a private, for-profit corporate library could not rely on fair use in systematically making copies of articles in academic journals for its employees. A divided panel of the U.S. Court of Appeals for the Second Circuit affirmed a ruling by Judge Pierre Leval of the U.S. District Court for the Southern District of New York in favor of the academic publishers who had filed the lawsuit. The case was the first heard by the Second Circuit to seriously consider the question of transformative use, a concept Leval had introduced, in evaluating a fair use claim.In the wake of an earlier case that had held similar archival photocopying of academic articles by a government agency's internal library to be fair use due to the public purpose of the agency, Congress had urged the academic publishing industry to develop ways to adequately license such photocopying, a common practice, by private, for-profit libraries. One such system was in place during the 1980s, but Texaco declined to use it, citing its cumbersome bureaucratic requirements and its belief that the practice was fair use, leading several academic publishers, including the American Geophysical Union (AGU), to sue for copyright infringement. At trial Leval found that Texaco's fair use defense failed on three of the four factors used to determine fair use. The copies were used for the same informational purpose as the original articles, and Leval did not find that the ability they gave the scientists to bring them into the lab or home was sufficiently transformative. The articles were copied in their entirety and adversely affected commercial opportunities for the publishers in the form of the lost revenue they otherwise would have made from licensing the photocopying and/or the sale of additional subscriptions to their journals. Only on the second factor, the purpose of the work, did Leval hold for Texaco, since both the originals and the copies were used commercially. Two years later, the Second Circuit took into account the Supreme Court's Campbell v. Acuff-Rose Music, Inc. decision in the interim, which had recognized transformative use when it held parody to be protected under fair use. Judge Jon O. Newman's majority opinion, amended twice over the year following, criticized Leval for having emphasized Texaco's commercial purpose, and held that the second-factor test, the purpose of the work, favored neither side, but otherwise affirmed his holding. Judge Dennis Jacobs dissented, arguing that the use of the photocopied articles was indeed transformative since ultimately they could lead to new research and new ideas, as well as attacking as "circular" the majority's lost revenue finding when the entire purpose of the case was to determine whether the use that gave rise to those revenues was fair, themes echoed in criticisms by academic commentators. After further appeals were denied, Texaco settled the case.

Downstate Correctional Facility

Downstate Correctional Facility was a maximum-security prison in the Town of Fishkill in the Hudson Valley region of New York. It was located along the north side (i.e. westbound) of Interstate 84, opening in 1979 and closing in 2022. Downstate served primarily as a classification center, as it was, along with Elmira Correctional Facility and Bedford Hills Correctional Facility (women), a reception facility for new inmates entering the New York State prison system. New inmates typically waited at Downstate for a few weeks before they were assigned to a permanent facility. The "permanent" prisoners—those who worked in the kitchens, laundry, etc., which those in transit could not do—were referred to as the "cadre" and were all maximum-security prisoners, with sentences of at minimum seven years. As the vast majority of inmates in New York State come from New York City, the Town of Fishkill, located in southern Dutchess County, was chosen as prison site due to its proximity to the greater New York metropolitan area. Cells in Downstate were organized into four wings around a large and exactly square room called The Square, which was the junction point for the four wings and contained a staffed waiting room. Services such as reception, clothes, pharmacy, medical, commissary, chapel, mail, packages, visiting, and cafeteria were all centrally located, but there were small libraries in each of the wings. For many years, there was a softball field outside the prison building, used mainly by the cadre. Recreation could consist of an hour in a room with twenty other inmates and a television. Like all New York State prisons, there was a professional librarian, who supervised cadre workers at two locations, and a part-time rabbi. As with all maximum security prisons in New York State, inmate movement was scheduled and tightly controlled. An inmate who required medical attention had to be escorted to the infirmary by an officer. Shower opportunities were also scheduled. Library visits were short, scheduled, and in groups. There were dropboxes in the wings where prisoners being moved out of the facility, as most soon were after arrival, could deposit any library books that they had checked out. Downstate was right across Interstate 84 from New York state's former psychiatric hospital, which since 1976 has been known as Fishkill Correctional Facility, a medium security prison. It was also adjacent to Dutchess Stadium, home field of the Hudson Valley Renegades.