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Section 110(2) is described as applying to distance education. Is access by an enrolled student in their dorm room included in the definition of distance education?

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Section 110(2) is described as applying to distance education. Is access by an enrolled student in their dorm room included in the definition of distance education?

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Yes, that access would qualify as a transmission that could use the Section 110(2) exception. See response to Question No. A. 3, supra. Furthermore, Section 110(2) was specifically designed to eliminate the previous requirement of section 110(2) that the student receiving the transmission be located in a classroom or similar place normally devoted to instruction. Therefore, where the enrolled student is physically located is not important.

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