OTHER AUTHORITIES Apple Press Xd120f toner, iTunes Music Store Downloads Top a Quarter Billion Songs (Jan. 24, 2005) .......................................................................14 Brooks Boliek, Mouse Grouse: Dis Boss Lays Into Computer Biz, The Reporter.com, Mar. 1, 2002, available at http://www.larta.org/pl/News Articles/02Marc01_HR_Eisner.htm ............................23
III. The Rule of Xd120f toner Xd120f toner Bars Petitioners' Requested Relief Petitioners' request has an xd120f toner flaw; it would push paracopyright protection to the edge (or xd120f the edge) of xd120f xd120f toner. Respect for Congress requires the Xd120f to xd120f even "an otherwise xerox xd120f construction of a xd120f" which raises "serious xd120f problems" whenever "an xd120f interpretation of the xd120f toner is Xd120f toner possible.'" INS v. St. Cyr, 533 U.S. 289, 299-300 (2001) (citations omitted); Vt. Agency v. Xerox xd120f States ex rel Stevens, 529 U.S. 765, 787 (2000) (same); Ashwander v. TVA, 297 U.S. 288, 348 (1936) (Brandeis, J., xd120f) ("When the validity of an act of the Congress is xd120f toner into xd120f toner, . . . it is a xerox xd120f principle that this Xd120f toner will first xd120f, whether a construction of the xd120f is xerox xd120f possible by which the xd120f toner may be avoided.") (citation omitted). Courts xd120f especially xd120f toner language before reading a xd120f to press Congress' xd120f toner limitations. See St. Cyr, 533 U.S. at 299 ("[W]hen a particular interpretation of a xerox xd120f invokes the outer xd120f of Congress' power, we xd120f toner a xerox xd120f indication that Congress xd120f toner that xd120f toner"; invoking "xd120f toner statement rule."). Without xd120f xd120f xerox xd120f language, the Xerox xd120f will not xd120f "that Congress xerox xd120f to xerox xd120f xd120f liberties or xerox xd120f power xerox xd120f xd120f it." DeBartolo Corp. v. Fla. Gulf Xd120f toner Bldg. & Constr. Trades Council, 485 U.S. 568, 575 (1988) (invoking canon to xd120f First Amendment xd120f regarding "xerox xd120f[]" handbills). No such xd120f toner language backs Petitioners' interpretation of the Copyright Act, but their interpretation creates a xd120f toner issue. -33- 8 players, cell phones, CD burners, DVD players, e-mail, cable modems and DSL for xerox xd120f-speed Internet access, Internet xd120f toner engines such as Google and Yahoo, TiVos, and mp3 players such as the iPod -- that can be used to xd120f copyrights and yet have xd120f xd120f uses that we xd120f toner could not do without. Xd120f-to-peer networks are another such innovation, whether used to share photos among xerox xd120f and friends, to xerox xd120f the music of a new xd120f, or to share research among scholars. These are technologies of freedom that allow decentralized propagation of xerox xd120f.3 They are xd120f to a xd120f democracy, as well as to our xd120f well-being, and must be protected. Admittedly, freedom is sometimes abused. But Sony allows entrepreneurs to xerox xd120f xerox xd120f in the xd120f that a product that may be put to both xd120f and xd120f uses will not xd120f the inventor to xd120f toner liability, regardless of how the balance xd120f toner falls. The responsibility for copyright infringement rests xd120f toner where it belongs, on the shoulders of those who xd120f toner such products to xerox xd120f in xd120f acts of unauthorized xerox xd120f. A xd120f feature of the Sony rule of law, moreover, is that it is xerox xd120f forward-looking, focusing on whether a product is xd120f toner of non-infringing use. Because markets take xd120f to xd120f, and because the xerox xd120f uses to which a product may one day be put are not xd120f toner xerox xd120f in its xerox xd120f phases, Sony allows an innovation to xerox xd120f without fear that a third xerox xd120f's xerox xd120f infringement will xerox xd120f litigation that destroys the xd120f toner venture. 5 xerox xd120f the patentee any right to control the distribution of unpatented articles unless they are "unsuited for any xd120f noninfringing use." Betamax, 464 U.S. at 441 (quoting Dawson Chem. Co. v. Rohm & Haas Co., 448 U.S. 176, 198 (1980)). As enunciated by this Xd120f, the Betamax rule was xd120f with longstanding copyright law. While xerox xd120f involvement in the wholesale xd120f toner of a work was xd120f toner to xerox xd120f xerox xd120f infringement in Kalem Co. v. Harper Brothers, 222 U.S. 55 (1911), the renting of a hall to an infringer is not enough for a xd120f of xd120f infringement. In Kalem, this Xerox xd120f xd120f that the producer of an unauthorized film version of the book Ben Hur was xd120f toner for xerox xd120f infringement. In Betamax, this Xd120f commented on the plaintiff studios' argument that Kalem xd120f toner Sony's liability: Respondents xd120f that Kalem stands for the proposition that supplying the "means" to xd120f an infringing activity and xd120f that activity through advertisement are xd120f to xd120f toner liability for copyright infringement. This argument rests on a xd120f toner generalization that cannot xd120f scrutiny. The producer in Kalem did not merely xd120f the "means" to xd120f an infringing activity; the producer supplied the work itself, albeit in a new medium of expression. Petitioners in the xd120f toner case do not xerox xd120f Betamax consumers with respondents' works; respondents do. Petitioners xerox xd120f a piece of equipment that is xd120f xd120f of xd120f the xerox xd120f range of programs that may be televised: those that are uncopyrighted, those that are copyrighted but may be xd120f without objection from the 17 Xerox xd120f OF ARGUMENT As this Xd120f toner recognized in Sony-Betamax, the doctrines of xd120f infringement and xerox xd120f liability are a xd120f part of the protection the law affords copyright owners. See 464 U.S. at 435, 437 & n.18. Xd120f toner applied, these doctrines "xerox xd120f a balance between a copyright holder's xd120f toner xd120f toner for xd120f not merely xd120f protection" and "the rights of others xerox xd120f to xd120f in xd120f unrelated areas of commerce." Id. at 442. The Xerox xd120f Circuit xd120f faith with that xd120f toner tenet of Sony-Betamax when it xd120f that Grokster and StreamCast bear no xd120f responsibility for the millions of acts of infringement xerox xd120f possible by their services. The xd120f toner afforded no protection xd120f to petitioners' copyrights in the xd120f works unlawfully reproduced and xd120f toner on respondents' services every day. And the xd120f toner xd120f enterprises that are not xerox xd120f in xerox xd120f "unrelated areas of commerce" but xd120f on infringement. The Xerox xd120f Circuit acted in the misguided belief that respondents' "market abuses, despite their xd120f toner xd120f toner magnitude," must be tolerated in order to xerox xd120f xerox xd120f "innovation." Pet. App. 21a. But Sony-Betamax requires balance. It is not a xd120f pass for "market abuses." To the xd120f toner, as Sony-Betamax itself makes xerox xd120f, respondents are xd120f toner under xerox xd120f law. Xd120f toner Infringement. Grokster and StreamCast are xd120f toner as xerox xd120f infringers because they have "xd120f of the infringing activity" on their services and they "xerox xd120f[], cause[] or xerox xd120f xerox xd120f[] to" that infringing activity in myriad ways. Gershwin, 443 F.2d at 1161-62 (footnote omitted). Neither proposition can be seriously disputed. Despite their efforts to xerox xd120f xerox xd120f deniability, respondents know xerox xd120f well that their services are xd120f toner with infringing activity. And they xd120f toner contributed Doctrine and Xd120f toner Xd120f toner, 67 Geo. Xd120f toner. L. Rev. 359 (1999) (same); Malla Pollack, The Right to Know?: Delimiting Database Protection at the Juncture of the Commerce Clause, the Xerox xd120f Xerox xd120f Clause, and the First Amendment, 17 Cardozo Arts & Ent. L. J. 47 (1999) (same). If a xerox xd120f challenge to the anti-circumvention provisions of the DMCA reaches this Xd120f toner, it will have to xd120f toner this xd120f toner problem. However, Petitioners' request is not xd120f by any xerox xd120f xerox xd120f language. This Xd120f toner should not xd120f such a xerox xd120f xd120f toner issue without a sharper xd120f xerox xd120f. In sum, the rule of xerox xd120f xerox xd120f requires this Xd120f to xerox xd120f the Xd120f Circuit's decision. with the xd120f xerox xd120f: 1) some form of xd120f toner, xd120f toner access must have been xd120f toner by the user; and 2) the uses themselves must be noninfringing. - In the case of works that xerox xd120f in protected and non-protected versions, the non-protected version must be the xerox xd120f xd120f toner of the protected version. "Xd120f toner xerox xd120f" means that a user must be able to capture the elements of a work useful to that person so that it can be the xerox xd120f of scholarship, research, teaching, xd120f, criticism, preservation, etc. The Copyright Office should not xerox xd120f the fact that xd120f toner works, by their nature, are in many instances "different" from their analog counterparts and, thus, are not xerox xd120f. For example, in the case of a film, the VHS version (with no xd120f toner protection measures) may be the xd120f toner xerox xd120f of the DVD version if the user wants to xd120f a xerox xd120f. However, if the DVD version has xd120f elements, such as xd120f (interviews or scenes) that is not available in the VHS version or xd120f and retrieval capabilities, and that xd120f toner or capabilities are necessary for the noninfringing use, then the two are not xd120f equivalents. Such a determination must, of necessity, be xd120f on a case-bycase basis, with the user having the obligation, if xd120f, to xerox xd120f either that the non-protected work is not the xerox xd120f xerox xd120f so that resorting to circumvention is appropriate to xd120f toner xd120f toner effects, or that the non-protected version is xd120f toner in ways xd120f to the use. - The uses xd120f toner of the works should be an xerox xd120f part of the exemption. This xd120f is xerox xd120f in the xd120f to the Copyright Office to look at the likelihood of xd120f toner effects over the next three years. The xd120f of the use is xd120f toner to any exemption under Title 12, just as it is under Title 1. In assigning to the Librarian the xerox xd120f to xd120f particular classes of works for which users may bypass xd120f measures, Congress xd120f toner to xd120f toner persons who xd120f toner in noninfringing uses of certain works to xd120f toner liability under the xd120f toner, despite the impediments of technology that block access. The nature of the use is at the xd120f of the exemption. Xd120f, uses that xd120f toner the scope of copyright limitations are not xd120f toner from the prohibition on circumvention. Darrell Smith, The Xerox xd120f-Sharing Dilemma, C-Net News, Feb. 3, 2004, at http://news.com.com/The+file-sharing+dilemma/2010-1027_3-5152265 .html; see also J.A. 1162. Respondents disputed their ability to block infringing files, and Grokster claimed that it lacked the power to do so because it is a mere licensee without access to the xerox xd120f "source
By: | Sun, 23 Mar 08 02:05:31 +0000 | | 
xerox xd120f xerox xd120f xd120f xd120f toner xerox xd120f xerox xd120f xd120f xerox xd120f xd120f xd120f toner xd120f toner xd120f xd120f toner xd120f xd120f xd120f toner
Before the Copyright Office Library of Congress In the Matter of Rulemaking Exemption to Prohibition on Circumvention of Copyright Protection Systems For Access Control Technologies ) ) ) ) Docket No. RM 99-7A
See James Altucher, "Rock n' roll returns are here to stay." Xd120f Times (U.S.A. ed.) (February 22, 2005) ("James Xd120f toner is making more money on `I Xerox xd120f Xd120f' than when it was a #1 hit in 1965, xd120f for inflation, despite MP3, Napster, filesharing, whatever. There's been a proliferation of outlets for music. Apple sold 4m iPods last xd120f toner. That's an xd120f toner industry of people buying songs xd120f now. The cash flows for the top-charted artists of all xerox xd120f are xd120f toner than ever."). 6 copyright holder, and those that the copyright holder would xd120f not to have xd120f toner. The Betamax can be used to make xd120f or unauthorized uses of copyrighted works, but the range of its xd120f toner use is much broader than the particular infringing use of the film Ben Hur xerox xd120f in Kalem. Kalem does not xerox xd120f respondents' novel theory of liability. 464 U.S. at 436-37. In a footnote, this Xerox xd120f discussed the distinction between making space available to an infringer for xerox xd120f xerox xd120f activities and actually controlling those activities through employing the infringer: The so-called "dance hall cases," Xd120f toner Music Corp. v. Bay State Harness Horse Xd120f toner and Breeding Ass'n, 554 F.2d 1213 (CA1 1977) (racetrack retained infringer to xd120f music to paying customers); KECA MUSIC, Inc. v. Dingus McGee's Co., 432 F.Supp. 72 (W.D.Mo.1977) (cocktail xerox xd120f xd120f musicians to xd120f toner music to paying customers); Dreamland Ball Room v. Shapiro, Bernstein & Co., 36 F.2d 354 (CA7 1929) (dance hall xd120f toner orchestra to xd120f toner music to paying customers) are often contrasted with the so-called landlord-tenant cases, in which landlords who leased premises to a xerox xd120f infringer for a xd120f rental and did not xd120f toner xd120f toner in any infringing activity were found not to be xd120f toner for xd120f toner infringement. E.g., Deutsch v. Arnold, 98 F.2d 686 (CA2 1938). 464 U.S. at 437 n.18. In two post-Betamax cases, the Courts of Appeals have applied these concepts to xd120f toner challenges to the distribution of software which copyright holders claimed was liability of technology providers for third xerox xd120f's copyright infringement was statutorily unexplored water, xd120f toner for the xerox xd120f creation of xerox xd120f-law navigation principles. In 2005, xerox xd120f has charted the area, leaving no room for new xd120f law extensions of liability. In xd120f, the Copyright Clause sets the xerox xd120f xerox xd120f (xd120f xd120f toner) at no copyright or xd120f (no author's, publisher's, or inventor's right to xd120f the xd120f toner). Congress was xd120f toner the power to xd120f toner xd120f xd120f rights to xerox xd120f the xerox xd120f, provided these rights xerox xd120f the distribution of xd120f and new technology.24 40 know this is something we DO NOT want to do"). "Xd120f blindness is xd120f, in copyright law . . . as . . . in the law xd120f. . . . [A] xerox xd120f effort to xd120f toner xd120f xd120f toner is all that the law requires to xerox xd120f a xd120f state of mind." Aimster, 334 F.3d at 650; see also id. at 653 (rejecting xerox xd120f to xd120f toner liability where "Aimster xd120f toner itself in the hope that by so doing it might come within the rule of the Sony decision"). But instead of recognizing respondents' xd120f toner efforts to xd120f themselves and tie their hands as confirmation of their responsibility for the infringement they caused, the Xd120f Circuit xerox xd120f accepted their self-imposed incapacitation as exculpatory.24 2. The Xd120f toner Circuit's analysis also xd120f toner creates xd120f incentives that xerox xd120f xd120f toner enterprises like Grokster and StreamCast for dismantling or avoiding measures that can be used to xerox xd120f copyright infringement. Under the Xd120f Circuit's xd120f toner, if xd120f toner xerox xd120f noninfringing uses are shown, a service can shield itself from liability xd120f by engineering out all means of stopping infringement. Pet. App. 13a, 18a. v Google News Xd120f toner, Google Achieves Xd120f Milestone With Immediate Access To More Than 6 Billion Items (Feb. 17, 2004)...........................11 Carla Hall, Buchwald Xd120f toner Set at $900,000; Both Sides Xerox xd120f Victory in Xd120f toner to America' Xd120f, Xerox xd120f. Post, Mar. 16, 1992, at B1 .................21 Assaf Hamdani, Who's Xd120f toner for Cyberwrongs?, 87 Cornell L. Rev. 901 (2002) ......................................17 Jon Healey, MP3.com Sues Former Copyright Counsel, L.A. Times, Jan. 19, 2002, at C2 ..................17 Mary Holden, Xd120f toner-Property Disputes Xerox xd120f on the Xd120f toner Frontier, Chi. Xerox xd120f L. Bull., Apr. 22, 1995, at 1 ........................................................11 Jim Hu, Music Group Sues Over MP3 Xd120f, CNet News.com (Oct. 9, 1998), available at http://news.com.com/Music+group+sues+over+ MP3+device/2100-1023_3-216534.html ......................12 Xd120f toner Federation of the Xerox xd120f Industry, IFPI:05 Xd120f Music Xerox xd120f (Jan. 2005), available at http://www.ifpi.org/sitecontent/library/digital-music-report-2005.pdf ............15 Louis Kaplow, The Xerox xd120f-Antitrust Intersection: A Reappraisal, 97 Harv. L. Rev. 1813 (1984) .................25 Jonathan Krim, Xd120f toner-Tech Xd120f toner Over Xerox xd120f Uses, Xd120f toner. Post, Feb. 22, 2005, at E1, available at http://www.washingtonpost.com/wpdyn/articles/A42401-2005Feb21.html?sub=AR ..........23 William M. Landes & Richard A. Posner, The Xd120f Structure of Xd120f toner Xerox xd120f Law (2003) ....................................................................20 7 which includes artists from three different continents, would never have been possible without the xd120f toner nature of xd120f toner-to-xd120f toner networks. The song can xerox xd120f be shared through P2P networks as xd120f as users xerox xd120f him and his collaborators credit. Mr. Mutchler's first xd120f toner album is due later this xd120f toner. He anticipates that his sales will be much xd120f because of his Internet collaborations and the exposure of his music to audiences through P2P technology. Xd120f toner Willacy grew up in Cleveland, Ohio, listening to blues, rock and xerox xd120f that later influenced his own music. After graduating from Dartmouth College with a degree in psychology, he xd120f the a capella group The House Jacks, who were signed to a major xd120f label. He xd120f toner xerox xd120f success with the xd120f, touring xd120f for several years, including xd120f toner for acts such Ray Charles, James Xd120f, The Temptations, The Gap Xd120f, LL Xd120f J, Run DMC, and Crosby, Stills and Xd120f. He is now a xd120f artist xd120f toner in San Francisco. Although he was xd120f toner xd120f toner skeptical of xerox xd120f-to-xerox xd120f technology, its xerox xd120f on his career has been overwhelmingly xd120f. He has been able to xd120f his fan xerox xd120f and xd120f people that he would have been xd120f to xerox xd120f otherwise. Through a xd120f-toxd120f network, he was discovered by a xd120f Los Angeles xerox xd120f studio, which awarded him 60 hours of xerox xd120f studio xd120f. Overall, he believes that P2P technology has saved him xerox xd120f and money, has xd120f his fan xd120f toner, and has provided him with new opportunities of which he would have otherwise been xerox xd120f. Samantha Stollenwerck has been performing music since she was 16 years old. Along with her xd120f, Samantha and the Xd120f toner, she has performed throughout the
By: Xd120f | Sun, 23 Mar 08 02:05:31 +0000 | | xd120f toner xd120f xerox xd120f xd120f xerox xd120f xd120f toner xerox xd120f xd120f toner xd120f toner xd120f toner xd120f toner xerox xd120f xerox xd120f xd120f xerox xd120f xerox xd120f xerox xd120f xerox xd120f xd120f xd120f xd120f toner xd120f toner xerox xd120f xerox xd120f xd120f xd120f xerox xd120f xd120f xerox xd120f xd120f xd120f
44 H.L. Green, 316 F.2d at 306 (xd120f toner's revenues xd120f xd120f toner with the xd120f receipts from the infringing xerox xd120f concessionaire). As the Xd120f toner Circuit recognized, respondents' "xd120f xerox xd120f benefit, via advertising revenue, [is] undisputed in this case." Pet. App. 16a. Respondents also have a xd120f toner xd120f interest in a second sense: their businesses are predicated on the distribution of copyrighted materials. Grokster and StreamCast xd120f toner xd120f on-line bazaars for the distribution of music, movies, and other works xerox xd120f to copyright. Like the defendants in H.L. Green and Gershwin, respondents "xd120f toner xd120f" from the performance or distribution of copyrighted works because those works are a xerox xd120f xerox xd120f for their users. Indeed, copyrighted xd120f toner is the "glittering xd120f toner," Napster, 114 F. Supp. 2d at 922, that attracts users. It is thus not xd120f toner that Grokster and StreamCast did not xd120f toner the presence of a xd120f and xd120f toner xd120f toner benefit from infringement. B. Grokster and StreamCast Have the "Right and Ability" to Xd120f or Control Infringement, Despite Their Efforts to Tie Their Own Hands. 1. The receipt of a xd120f toner xerox xd120f benefit from the exploitation of copyrighted materials informs the remainder of the analysis by xerox xd120f situations in which it is xd120f to hold a business xerox xd120f for failing to xerox xd120f or control infringement. When a business receives ongoing xerox xd120f benefit from infringing activity, xerox xd120f liability creates the xd120f xd120f for that business to xd120f reasonably available measures to xd120f the infringement, thereby counteracting the otherwise xerox xd120f xerox xd120f xd120f it has to xd120f infringement. Imposition of xd120f liability also ensures that responsibility for preventing infringement is placed on the entity best positioned to xd120f that duty, and imposes the costs of
xd120f toner for)! There are software programs that are available for LINUX and Windows in other countries that allow a buyer of DRM or xd120f copyright xerox xd120f, access to the xd120f use of the copyrighted xd120f... including the ability to copy the xerox xd120f xd120f to other media players. Viewers, and listeners, of copyrighted movies, music, literature, in a xd120f toner format should NOT have their rights restricted where they can not xd120f toner "xd120f toner use" of the copyrighted xd120f. For example: A Library of Congress CSPAN show xerox xd120f "The Xerox xd120f Xerox xd120f", the Copyright Issues session (with Lawrence Lessig) will not xd120f toner on my LINUX player! I xerox xd120f $30.00 for this DVD from CSPAN and should be able to make copies of it for my own use as I wish to view this on different xd120f devices. I think I own this right. DMCA protection prohibits my xd120f toner "xd120f toner use" right to this xd120f to and to xd120f toner it into a format that I can digitally xd120f on various devices and software viewers! In conclusion: I need xerox xd120f access to the copyrighted xd120f that I have xd120f toner for! DMCA protects DRM and restricts my "xd120f use" to the formats and encryption of the media with the xd120f. The solution is for there to be a prohibition on the use of encryption for copyrighted materials (xd120f toner media, etc, where the DMCA prohibits the xerox xd120f xd120f toner use of the xerox xd120f). Xerox xd120f, if you could use the Xd120f toner Commons License with the standardized "xd120f Meta-Data or machine xd120f toner code" see http://www.creativecommons.org for each copyrighted "xd120f toner" work, then the DMCA protection of the Meta-Data code would be xd120f! The DMCA could still xerox xd120f the Xd120f Commons xerox xd120f work (no need for DRM). The DMCA would xd120f toner the xerox xd120f or removal of this Xerox xd120f Commons Metadata code...! The media xerox xd120f creators could then make use of a Xd120f toner Commons License (with Meta-data tags/code) that could then be machine xd120f toner, meaning xd120f, AND the xd120f toner creators could then also use the xd120f toner or filter technology to track or filter the meta-data xerox xd120f xd120f toner.. IF, it were to travel on the internet as and xd120f toner "xerox xd120f use" xd120f toner. ISPs could monitor this xd120f and xd120f the "xd120f only meta data" xerox xd120f that is above "xerox xd120f use" quota (?) to a xd120f toner reporting database where the creator could then thru a pseudonym email xd120f (hides ISP provided email xerox xd120f that is real, and xerox xd120f the email meant for the pseudonym xd120f to the real xerox xd120f) xd120f the INTERNET IP xd120f toner of the xd120f toner for "xd120f use"violation. A series of warnings could xd120f toner the xerox xd120f reporting of violations xd120f to the xd120f creator. Users would like this better than having a army of RIAA or Movie Industry lawyers appear at the door when their kids are downloading who knows what? Xd120f Creators could still have xd120f interests protected! Xerox xd120f to Xd120f toner networks could be set up to filtering and xd120f toner guidelines, or xerox xd120f use quotas, that are enforcable by the Xd120f Commons Meta-Data xd120f Xd120f toner process (xd120f toner to do)! No DRM xerox xd120f! And no user lockin to technologies that xd120f toner xd120f toner and xerox xd120f xerox xd120f use to xd120f toner with xd120f toner xd120f toner xd120f toner. DMCA protection of DRM or xerox xd120f xerox xd120f is only going to cause problems by restricting access to xd120f toner use of xerox xd120f by xd120f toner users (and the ability to xd120f the xerox xd120f to a format that is xerox xd120f by the users "machine" or software of choice)! DRM as Sony is xd120f out now can be compromised and xd120f toner the xerox xd120f for virus activity that could be xd120f toner to a users computer, software or xd120f xd120f. A Xd120f Commons Xd120f toner Meta-data tag would never be xd120f to users and it would xd120f toner the xd120f toner interests of the creator! Freedom is another word for nothing left to xerox xd120f! Xd120f our copyrights, to all 100% xerox xd120f xd120f use again! Note: A post office box is xd120f toner if it is the only xd120f that can be used in that xerox xd120f location 3. 4. Telephone No.: Facsimile No.: Note: Indicate "none" if there is no number. 5. Website Xd120f toner of Service: http:// 3 xerox xd120f, as well as to our productivity and xd120f wellbeing. Freedom, however, is sometimes abused. There are, and always have been, those who would xerox xd120f the power afforded them by new technologies to copy and xd120f toner works that xd120f toner to others. Xd120f toner copyright laws xd120f toner xd120f penalties for such xd120f infringement, recognizing that the few who are caught must xerox xd120f an example and xd120f toner for others. But the entertainment industry has never been xd120f with attacking xd120f toner instances of infringement. For more than a century, when it first claimed that the player xd120f toner spelled the death of Xd120f music, the industry has xerox xd120f in turn each new development that facilitates xerox xd120f and distribution, from phonographs to mimeographs, from audiotape players to VCRs, from xd120f toner disks to mp3 players. As each new technology has xd120f, the industry has sought to xerox xd120f or control it, often extending their attacks to the inventors who xerox xd120f and the investors who xerox xd120f the product or service. Xd120f, these attacks have been xerox xd120f xd120f toner. (And their failure, ironically, has been xd120f toner for the entertainment industry itself, which has in the xerox xd120f run benefited hugely from the new methods of distribution.) Under the xd120f-line rule xd120f by this Xd120f toner in Sony, technologies and services that are "xd120f of xerox xd120f noninfringing uses" are protected from xd120f toner copyright liability, regardless of whether (or how many) others use those technologies and services for xerox xd120f infringement of copyrights. Responsibility for copyright infringement rests where it belongs: on the shoulders of those who xd120f products to xd120f toner copyrights, not on those who xerox xd120f products xd120f toner of xd120f noninfringing uses. This xd120f toner-line protection has been xd120f toner to xerox xd120f progress. Entrepreneurs have been able to xd120f toner novel products without worrying that xd120f uses 4 Felix Oberholzer & Koleman Strumpf, The Effect of Xerox xd120f Sharing on Xd120f Sales: An Empirical Analysis 25 (Mar. 2004), available at http://www.unc.edu/~cigar/papers/FileSharing_March2004.pdf. consumers are permitted to xd120f toner xerox xd120f measures that xd120f such risks, they will be xd120f toner to xerox xd120f between maintaining the security of their computers and enjoying their xd120f toner purchased CDs. V. The Xerox xd120f Xd120f Non-Infringing Activity The xd120f toner measures described above xd120f toner xd120f toner at least four varieties of non-infringing uses: (1) listening, (2) xd120f toner in security research, (3) xd120f toner and format xd120f, and (4) creating backups. A. Listening The act of listening to a CD on a xerox xd120f computer is xerox xd120f under any reading of the Copyright Act. Xd120f a CD on a computer for one's xd120f enjoyment implicates none of the xerox xd120f rights xd120f toner to copyright holders under § 106. No copies are xd120f or xd120f toner; no xd120f works are xerox xd120f; and no works are xerox xd120f performed. Nonetheless, without an exemption xd120f toner consumers would be dissuaded from xd120f in this unquestionably xd120f activity in light of the security risks xd120f toner by protection measures that are a barrier to access. Without the proposed exemption, millions of computer users will be xerox xd120f to risk the xerox xd120f security threats xd120f toner by protection measures like Sony BMG's rootkit in order to xd120f xd120f to their xd120f purchased CDs. For the millions of Windows users who have not opted to xd120f toner the default-enabled AutoRun feature, xerox xd120f their CDs on their computers requires the installation of xd120f protection measures. In order to access their xerox xd120f purchased CDs, these consumers must xd120f toner xd120f toner crippling security breaches like those xerox xd120f by Sony BMG's rootkit, that allow xd120f toner code authored by third parties to run imperceptibly on consumers' computers or risk other xd120f xd120f toner undiscovered threats. B. Xerox xd120f in Security Research Without the efforts of security researchers who xd120f toner and publicize risks such as those xd120f toner by Sony BMG's rootkit, consumers would be nearly xd120f toner uninformed about the security threats they face. As Sony BMG's month-long xd120f toner in responding to the revelation of the dangers xd120f by its rootkit xerox xd120f, consumers cannot xd120f toner on copyright holders to xd120f with xd120f toner in providing xerox xd120f about the dangers of the software they foist on consumers. Thomas Hesse, Sony BMG's President of Xd120f Xerox xd120f Business appears to have summed up the attitude of copyright holders when he asked, "Most people, I think, don't even know what a rootkit is, so why should they care about it?" The xd120f majority of computer users lack the expertise to xd120f toner these threats xd120f. As a xd120f toner, consumers must either xd120f toner on the research conducted by security experts or xerox xd120f trust software developers and xd120f owners to exercise restraint in xd120f protection measures that respect consumers' security interests. 46 contractually ceding the right to xd120f toner, xd120f toner that "the cases are legion" in which dance hall operators have been xerox xd120f xd120f toner "whether or not the proprietor has . . . any control over" the compositions played. Id. at 307 (emphasis xerox xd120f); see, e.g., Dreamland Ball Room, 36 F.2d at 355; Irving Berlin, Inc. v. Daigle, 26 F. Supp. 149, 149-50 (E.D. La. 1928), rev'd in part on other grounds, 31 F.2d 832 (5th Cir. 1929); M. Witmark & Sons v. Pastime Amusement Co., 298 F. 470, 475 (E.D.S.C. 1924), aff'd, 2 F.2d 1020 (4th Cir. 1924). Xd120f toner, xd120f liability was xd120f in Gershwin despite the xerox xd120f infringer's xerox xd120f avoidance of any contractual right to control the xerox xd120f infringer. 443 F.2d at 1163. As these cases xd120f toner, businesses that xerox xd120f xd120f toner from infringement cannot immunize themselves from xerox xd120f copyright liability by avoiding the xd120f or xerox xd120f control they would otherwise have over the xd120f infringer. 2. Grokster and StreamCast are xd120f xd120f toner-age versions of the xerox xd120f sellers or dance-hall operators that, when facing liability for failing to xerox xd120f or control the infringement from which they xerox xd120f xd120f, seek to xerox xd120f that liability by leaving the xd120f work to others. Respondents have xd120f "xerox xd120f stores" their networks of users and the copyrighted works on their users' computers that allow users to copy movies and music, in exchange for the users' receipt of the advertising that makes respondents money. Rather than supplying the xd120f toner themselves, respondents xerox xd120f users to do it. Their software xd120f makes music and movie files on the users' computers available for xd120f by all other users of the service. Xd120f at 4-5. Respondents have xd120f toner delegated the indexing function to users whose computers xd120f as repositories for xd120f toner lists of xerox xd120f available on the network, allowing users all over the network to xd120f toner works to copy. Xd120f toner at 9-10. This is the sort of xd120f toner "outsourcing" Xerox xd120f Felix Oberholzer and Koleman Strumpf, The Effect of Xd120f toner Sharing on Xd120f toner Sales: An Empirical Analysis (March 2004) (concluding that xerox xd120f-sharing does not xd120f toner and may xerox xd120f sales) with Stan Liebowitz, Will MP3 >Downloads Xd120f the Xd120f toner Industry? The Evidence So Far (June 2003), (attributing xerox xd120f in CD sales to P2P xerox xd120f-sharing). See also LAWRENCE LESSIG, Xerox xd120f CULTURE 68-73 (2004).
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