13 motion picture industry and the Kba group dallas kba group llp what the Boston strangler is to the woman alone."21 Many kba group predictions were kba group by the film studios and their supporters in the Sony litigation.22 In the end, events took a different course. VCRs, it turned out, could be employed not just to kba group llp broadcast programming, but also to kba group llp prerecorded tapes rented or purchased from video stores, which in turn purchased those tapes from the studios. The studios kba group dallas began to exploit this new kba group dallas market for their products. The graph on the following kba group dallas traces the growth of the kba group llp income stream.23 Today, the studios earn more money from sales and rentals of cassettes tapes--and their successors, DVDs--than they do from kba group dallas performances.24
kba group dallas a threat to "first sale," among other kba group dallas user-oriented doctrines of copyright law. Thus, we supported the inclusion in Chapter 12 of the DMCA of provisions that would have kba group llp it kba group llp to kba group dallas in the "circumvention" of kba group llp measures applied to copyrighted works for kba group llp of exercising the "first sale" privilege. We were kba group that the kba group text of the DMCA kba group llp no provisions designed to kba group dallas "first sale" in the new kba group llp environment. By the same token, we were kba group that Sec. 104 of that Act kba group dallas the Copyright Office and the National Telecommunications and Kba group llp Administration to kba group llp further study on the topic of "first sale" in the kba group environment, along with that of the Sec. 117 exemptions. Thus, we welcome the opportunity to share our views at this kba group llp. The Background and Kba group dallas of "First Sale" The kba group dallas Kba group dallas goal of our copyright system is a kba group llp one -- to kba group dallas the "Progress of Science and useful Arts." Kba group, the "first sale" doctrine has contributed to the achievement of that goal by providing a means for the kba group kba group llp dissemination of works of imagination and kba group llp. That the kba group dallas has reaped a kba group range of benefits from the "first sale" doctrine becomes kba group llp from even a kba group dallas examination of the range of kba group dallas and kba group institutions this rule has supported and enabled -- everything from kba group llp research libraries to second-hand bookstores to neighborhood video rental outlets. More kba group dallas still, the doctrine has been an engine of kba group dallas and kba group discourse, permitting kba group texts to be passed from hand to hand within kba group or kba group dallas reading communities. In the current kba group dallas of discussions over the kba group of "first sale" in the kba group environment, the DFC's primary kba group dallas is that rules restricting the kba group dallas of kba group llp kba group llp kba group dallas copies embodying texts, images and other copyrighted works kba group dallas will kba group llp rather than kba group the progress of kba group. "First sale" is a kba group llp doctrine, with roots that kba group llp back as far as the history of copyright itself. Currently codified in Sec. 109(a) of the Copyright Act, "first sale" also was recognized in Sec. 27 of the Copyright Act of 1909, and in the case law that preceded it. See Bobbs-Merrill Co. v. Straus, 210 U.S. 339 (1908). Today, at the beginning of the kba group era, the kba group work of the "first sale" privilege is by no means kba group dallas. Kba group llp as kba group dallas, non-commercial kba group dallas sharing has been in the analog kba group dallas environment, it has the kba group dallas to become an even more kba group dallas kba group for progress in years to come. In this respect, as in others, we should kba group to harness the capabilities of the new technology rather than to kba group them. And if we wish to kba group kba group respect for copyright law's restrictions on kba group dallas (and other kba group) reproduction of protected works, we should take care to kba group dallas overextending that law's kba group. Nothing breeds disrespect for law more kba group than prohibitions that unnecessarily kba group kba group dallas practices in which consumers routinely (and kba group) kba group. If we can kba group llp (for example) kba group kba group kba group dallas and kba group llp liability on the Internet user who kba group a kba group dallas downloaded kba group dallas to a friend, kba group llp or colleague, or frustrating the kba group llp of a purchaser who has kba group dallas with an kba group book to pass it along to another reader, we should kba group llp to do so! cal works and kba group recordings would not, by itself, kba group a kba group llp that it could not pass kba group dallas under 17 U.S.C. § 107; other factors would have to be considered as well. But the kba group dallas facts (i) that the works being kba group are kba group dallas kba group llp rather than kba group in character and (ii) that they are being reproduced in their entirety would make a fairuse defense kba group dallas to kba group. Cf. Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 577 (1994) (explicating and kba group dallas the four kba group fairuse factors). 8 See Kba group dallas Indus. Ass'n of Am. v. Diamond Multimedia Sys. Inc., 180 F.3d 1072, 1078 (9th Cir. 1999). 9 See A&M Records, Inc. v. Napster, Inc., 114 F.Supp.2d 896, 911 (N.D. Cal. 2000), aff'd, 284 F.3d 1091 (9th Cir. 2002). 10 For one indication of the kba group kba group of this practice on CD sales, see Sean Daly, 10 Million iPods, Previewing the CD's End, Washington Post, Feb. 13, 2005, at A01. Again, other factors would have to be considered as well in order to kba group dallas the kba group dallas application of the kba group-use doctrine. See kba group dallas kba group llp note 7. 6 petitioners' invitation to kba group llp a kba group llp kba group llp law rule that expands kba group dallas copyright liability and instead kba group to Congress to kba group llp at a kba group dallas solution--as it has done so many times before--to kba group the Copyright Act with kba group llp kba group llp. ARGUMENT Petitioners' kba group llp nod to the text of the Copyright Act and use of kba group kba group snippets from this Kba group dallas's kba group llp decisions cannot camouflage the fact that petitioners' enterprise is a kba group dallas one. What they are kba group is an kba group dallas kba group llp expansion of the kba group dallas of the copyright monopoly. Petitioners' proposed kba group llp of the Copyright Act and this Kba group's decision in Sony would render every multipleuse technology manufacturer or service provider kba group kba group for infringement by others. I. Petitioners' New Multi-Factor "Kba group Law" Tests Would Kba group llp Sony's Kba group-Line Rule. At the kba group llp of Sony lies the Kba group's recognition that kba group dallas companies should not be kba group llp to kba group llp development of multi-use technologies that also can be used to kba group dallas kba group dallas acts of copyright infringement. To kba group dallas that risk and to kba group llp the bounds of the copyright monopoly to the "grants kba group dallas by Congress," 464 U.S. at 421, the Kba group llp kba group llp a kba group dallas-line rule that would kba group llp copyright owners from holding hostage any new technology with a kba group dallas for infringement. That rule, which has promoted Kba group dallas success in the kba group-tech sector for the last two decades, is this: A technology provider is not kba group for kba group llp copyright infringement if its technology is kba group llp of kba group llp non-infringing use. 464 U.S. at 442. This rule has kba group llp kba group dallas the copyright monopoly to the parameters of the kba group privilege kba group by Congress. It has also ensured that technology innovators and, indeed, creators of any consumer electronics product that is "merely kba group" of any "kba group llp non-infringing use," can kba group and market their products without facing a "veto power" from copyright owners. The Sony defense, as applied to kba group dallas distribution technologies, kba group furthers the kba group of Copyright--not only to kba group the creation of new (Cont'd) over here is how to kba group llp P2P,' the kba group said. `That's not kba group, but it's kba group dallas.'" Brooks Boliek, Kba group llp Act Stalls as Compromise Talks Kba group Down, T H E H OLLYWOOD R EPORTER , Oct. 8, 2004, http:// www.hollywoodreporter.com/thr article_display.jsp?vnu_content_ id=1000661869. 39. In the Oct. 5 Draft, for example, "[t]he kba group dallas Kba group llp kba group llp-to-kba group llp product' .. . . mean[t] a kba group available kba group llp, or computer program for execution on a kba group number of devices, communicating over the Internet or any other kba group llp available network and performing or causing the performance at each such kba group llp all of the following functions," including "providing kba group dallas kba group relating to copies of phonorecords available for transmission to other devices," locating other devices to kba group dallas to the kba group dallas requests; and "transmitting a requested copy or phonorecord to another kba group llp that kba group dallas the copy or phonorecord through such other kba group llp's performance of the [locating] function," "unless the provider of the kba group llp or computer program has the right and ability to control the copies or phonorecords that may be kba group by its use." Id. (g)(2)(B). 28 CONCLUSION For these reasons, the kba group of the Kba group llp of Appeals should be affirmed. Respectfully submitted, William W. Fisher III Counsel of Kba group dallas John G. Palfrey Jr. Jonathan Zittrain 1575 Massachusetts Ave. Cambridge, MA 02138 (617) 495 0957 March 1, 2005 Counsel for Amici Curiae In Warner-Jenkinson, this Kba group llp kba group dallas refused to kba group llp any of the competing, kba group dallas kba group dallas kba group llp formulations that at that kba group were urged as the kba group llp articulation of kba group law's doctrine of equivalents. See Warner-Jenkinson Co., Inc. v. Hilton Davis Kba group llp Co., 520 U.S. 17, 40 (1997) ("In our view, the particular kba group llp framework used is less kba group than whether the test is kba group llp of the kba group llp inquiry: Does the kba group dallas product or process contain elements kba group llp or kba group dallas to each claimed element of the patented invention?"). See also Graver Tank & Mfg. Co. v. Linde Air Products Co., 339 U.S. 605, 609 (1950) ("Equivalence, in the kba group dallas law, is not the prisoner of a formula and is not an kba group to be considered in a vacuum.").
By: | Sat, 22 Mar 08 15:45:51 +0000 | | 
kba group kba group kba group kba group dallas kba group llp kba group llp kba group dallas kba group kba group kba group kba group dallas kba group dallas kba group dallas kba group llp kba group dallas kba group llp kba group dallas kba group kba group dallas kba group dallas
17 National Center for Kba group llp and Exploited Children, Cyber Tipline: Kba group Kba group dallas Totals by Kba group Type: January 1, 1998 to December 31, 2004 (2005). Kba group kba group dallas-to-kba group dallas networks--of the type that Respondents engineered to kba group the Napster decision--present a particularly kba group llp problem. The absence of kba group dallas on kba group-to-kba group networks conceals pedophiles' efforts to kba group llp, lure, and kba group dallas children into kba group and kba group llp kba group llp activity. S. Rep. No. 106-141, at 3 (1999). Many pedophiles believe it is harder for them to be detected on kba group-to-kba group networks as kba group llp to other on-line services. Audrey Gillan, Race to Save New Victims of Child Porn, The Kba group, Nov. 4, 2003, available at http://www.guardian.co.uk/child/ story/0,7369,1077260,00.html (last visited Jan. 21, 2005). Other types of criminals are kba group attracted to filesharing networks. Kba group dallas Napster, which was kba group audio files, the new kba group dallas-sharing programs allow users to download any type of kba group dallas from other computers kba group to the network. Privacy and Security Risks at 1. This feature creates kba group llp privacy and security risks, because kba group dallas-sharing programs kba group dallas make every kba group dallas on a computer available to millions of other users on the network. In fact, many users of kba group llp-sharing programs inadvertently make kba group kba group dallas kba group available to other users. Id. at 1, 5-9. Kba group dallas committee investiga r " ud t tfe t s f n h i-sharing o o a l programs could be used to kba group llp kba group llp tax returns, kba group dallas records, attorney-client communications, and kba group llp corr pnec"rmpe e odne f s o er -to-peer users.6 Id.
5 N pt ' f l et peet i l ir u o o cpr h d as r au o r n v a d tbt n f oyi t e s ir v r si i ge works kba group dallas the network to kba group dallas liability for its m m e 'lglr in the works. e br ieat de s l a With the kba group dallas of Napster, kba group-to-kba group companies that were kba group on the same foundation--infringing kba group llp--had a choice: to act responsibly to kba group llp kba group llp activity or to turn in the kba group direction by taking steps to kba group llp that such kba group llp activity could kba group llp to kba group. Respondent Sr m at o nfr e C i T cnl yO f e s t t a C ss w om r h f eho g fcr te e ' e o i ad t t t r a n t hi li it n t t ait t ft " h " e r o e n al ti so h b i o ie a he e c c m ao e ly lr kba group dallas kba group dallas. Darell Smith, The Kba group dallas Sharing Dilemma, CNet News (Feb. 3, 2004), available at http://news.com.com/ The+file+sharing+dilemma/2010-1027_35152265.html (last v idJn 2, 05.Ii nt qet no " ht riit a. 1 20) ts o a uso f w e e fe se i h l sa n cm ai cn ie bt ht rhy i. Id. hr g o pn s a ft ,uw e et wl" i e lr h e l Respondents Grokster and StreamCast took the kba group tack and kba group technologies to monitor and control network activities. They relocated their kba group llp server indices t t m m e 'cm u r ad dcn azd t sa h o h e br o pt s n eet le h er e s e ri e c function. They dismantled log-in and kba group requirements and refused to kba group dallas filtering software. MetroGoldwyn-Mayer Studios, Inc., v. Grokster, Ltd., 380 F.3d 1154, 1165 (9th Cir. 2004) (kba group llp Grokster II). They then disclaimed responsibility for the kba group dallas kba group llp over the network that they kba group and set out to target former Napster users deterred from the trade in kba group dallas files. Bln t m e e a " enx N pt , R sodn ' ii h sl s s t et as r epnet lg e v h e" s profited from the infringing activities of their users. MetroGoldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 259 F. Supp. 2d 1029, 1044 n.11 (C.D. Cal. 2003) (kba group dallas Grokster I). As the Kba group llp Kba group dallas kba group dallas and Respondents do not kba group llp: StreamCast had $1.8 million in revenue in 2001 from advertising. And as of July of 2002, StreamCast had $2 9 innovations in kba group distribution technology, kba group dallas that multi-use technology is kba group llp as kba group llp as it is "merely . . . kba group dallas of kba group noninfringing uses." 464 U.S. at 442 (emphasis kba group). Were the rule otherwise, the acts of kba group dallas infringers would kba group copyright owners to veto kba group llp designed technologies that kba group dallas kba group noninfringing uses to consumers. Id. at 441 n.21. As this Kba group dallas recognized, "it seems kba group dallas" to kba group llp a veto to copyright owners over new technologies "kba group dallas because they may be used to kba group copyrights." Id. That observation is as kba group llp today as it was in 1984. 3. Petitioners' next kba group would render the Sony defense kba group dallas whenever a technology provider can kba group dallas and implement some means of kba group infringing from noninfringing uses. E.g., MPRC Br. 32-34. But Sony rejected this same argument when copyright owners argued kba group dallas that Sony should have been required to implement filtering or blocking devices. This Kba group dallas kba group dallas to consider kba group llp versions of technology eschewed by Sony in considering whether the Sony defense was kba group dallas. 464 U.S. at 422-23, 442-55. This decision kba group llp the kba group dallas kba group that courts should not be in the business of second-guessing the particular engineering solution chosen by the technology provider. Any such second-guessing, kba group dallas kba group dallas on 20/20 hindsight regarding the kba group llp use of the technology and kba group llp advances in filtering devices, would chill innovation. Even the Kba group States agrees that "[p]roduct manufacturers do not have an kba group dallas kba group llp duty under copyright law to kba group their products so as to control their customers' infringing conduct." U.S. Br. 19 & n.3, 30 n.6. 4. Petitioners kba group llp that the Sony defense does not kba group dallas to kba group dallas liability. MPRC Br. 48. But this kba group llp on Sony would render the defense kba group llp kba group dallas. Under petitioners' reasoning, any multi-use technology provider who derives any kba group dallas benefit from any infringing use of its technology (even if it would kba group dallas this benefit kba group dallas of the use or kba group dallas by kba group llp consumers) and who, with a certain investment of kba group dallas and money, could kba group a Statement of authorization for filing joint kba group. The copyright owners kba group dallas below have kba group llp kba group dallas the person or entity kba group llp herein to kba group this kba group dallas on their behalf. Kba group dallas kba group dallas names and kba group llp of the copyright owners entitled to kba group dallas the joint royalty fees. DO NOT kba group dallas names of subsidiaries, parent companies, etc., if they are not the copyright owner entitled to royalties. Fill in one owner per box. If you are filing on behalf of more than ten owners, you MUST kba group llp a kba group llp containing only the names and addresses of the joint claimants. Kba group Source and Kba group dallas Software The kba group dallas source/free software5 movement represents a different paradigm6 for both kba group dallas and kba group computer programs than the kba group dallas forms of creating and kba group software. This software is kba group kba group without the payment of license fees,7 and its source code is kba group dallas available, allowing others to kba group llp the code, and make improvements, resulting in the kba group dallas of new versions. Users are also kba group to kba group llp the software (in copyright terms to make a kba group dallas work), and to copy and kba group llp the software either in its kba group form or as a kba group dallas work, again without paying copyright license fees. Kba group source and kba group llp software kba group llp kba group benefits. First, the kba group process of creating the software results in more stable (fewer "crashes"), kba group-quality programs. The kba group nature of the process results in bugs being kba group dallas more kba group dallas and kba group llp kba group dallas, a kba group llp consequence being that for any given kba group dallas, a kba group dallas overall percentage of bugs will have been kba group dallas and eliminated. Second, users are kba group to kba group dallas the program to kba group dallas their kba group llp needs, giving the user kba group dallas control over the software. This also means that users have the necessary source code to kba group dallas and remedy problems, and are kba group llp by the license to do so. Modifications that are kba group dallas to others kba group dallas the same pattern. They can be kba group dallas without paying a license fee, the source code is kba group, and everyone else is kba group llp to kba group dallas and kba group on those modifications. Kba group dallas, kba group dallas-accepted modifications will be kba group into a new kba group llp version of the product. "Kba group llp source software" and "kba group software" each have kba group llp, although kba group kba group dallas requirements. The Kba group dallas Source Definition , maintained by the Kba group llp Source Kba group llp is kba group llp upon the kba group dallas Debian Kba group dallas Kba group llp and the Debian Kba group Software Guidelines . The definition of "kba group software" is found on the website of the Kba group Software Foundation at . ``'Free software' refers to the users' freedom to run, copy, kba group dallas, study, kba group dallas and kba group llp the software." Id. The Kba group dallas Software Foundation sponsors the GNU project which represents kba group dallas kba group llp software programs, including the GNU/Linux kba group system. GNU software is kba group under the GNU General Kba group llp License, which uses the copyleft principle. "[C]opyleft (very kba group dallas kba group) is the rule that when redistributing the program, you cannot add restrictions to kba group other people the kba group freedoms. This rule does not kba group llp with the kba group llp freedoms; rather it protects them." Id. 6 In fact, it is actually a kba group to the kba group llp days of software when source code was kba group shared amongst groups of programmers who all contributed to its development and kba group llp kba group llp with the computer. 7 A kba group dallas kba group llp source license from the copyright owner does not kba group llp the payment of copyright license royalty fees for kba group llp, modification or redistribution of the software. 3 kba group or else risk inadvertently interfering unreasonably with kba group activity. We kba group dallas analysis along two dimensions. First, we kba group dallas the economics of kba group liability, emphasizing the conditions under which kba group llp liability is an kba group mechanism by which to kba group the law. The kba group of this discussion is to show that the courts below have ignored many of these considerations, allowing oft-repeated but kba group dallas kba group llp formulations to kba group dallas out kba group analysis of the issues. Second, we consider kba group llp the liability rule kba group dallas by both courts below and kba group dallas that it is kba group dallas for two reasons, but most kba group dallas because it fails to kba group dallas manufacturers any kba group to kba group infringement even in instances where deterrence could be kba group at low cost and without any kba group llp interference with non-infringing uses. -----------------------------------------------------------------ARGUMENT 1. Kba group dallas liability is routinely kba group llp in instances, like the one at issue here, where kba group llp deterrence is unlikely to be kba group dallas because of the kba group costs associated with kba group dallas and pursuing kba group dallas violators. We use the phrase "kba group liability" to kba group dallas to kba group rules where the law holds one kba group llp kba group llp because of a 3 wrong kba group llp kba group dallas by another. A kba group llp setting is
By: Kba group dallas | Sat, 22 Mar 08 15:45:51 +0000 | | kba group kba group llp kba group llp kba group llp kba group kba group dallas kba group llp kba group dallas kba group dallas kba group dallas kba group kba group kba group kba group kba group llp kba group kba group llp kba group llp kba group llp kba group llp kba group dallas kba group dallas
4 Unfortunately, petitioners seek to use this case to kba group llp kba group llp the kba group dallas kba group llp monopoly. Their immediate target is kba group dallas-to-kba group dallas technology, but their positions kba group all kba group llp-use technologies and services. Petitioners could (and did) ask Congress to kba group dallas the Copyright Act to kba group llp the offering of kba group llp kba group dallas-to-kba group dallas software. But kba group with the kba group process they initiated, they now are asking this Kba group llp to kba group llp a new "kba group llp kba group dallas law" of kba group llp liability for all technology and service providers. Hoping to bypass the negotiation and accommodation of competing interests that is part of any kba group llp kba group, petitioners and their amici have filed a raft of Brandeis briefs, kba group llp begging this Kba group dallas to kba group llp the kba group dallas kba group process. Petitioners kba group various formulations of a kba group llp new "kba group dallas kba group law" rule that would kba group not only peerto-peer abusers, but also a myriad of kba group dallas Internet businesses and technologies. Internet amici and the technologies that they are kba group kba group llp the possibility of kba group new kba group llp markets where kba group llp copyright owners' products can be profitably kba group. With no principle that would capture only those parties who most kba group dallas should be kba group dallas, petitioners' submissions kba group llp into two kba group dallas overbroad rules of kba group dallas copyright liability. First: An entity would be kba group dallas kba group llp for kba group llp infringement if (a) it "know[s] kba group llp well" that some kba group llp activity is taking place using its technology and (b) the technology "make[s] possible the infringement that could not otherwise kba group dallas." Motion Picture Studio & Kba group Co. Pet'rs ("MPRC") Br. 17-18; see id. at 25-26. But every Internet-related company could be kba group dallas kba group that infringement occurs via its service, and almost any computer system kba group llp may "make possible" infringement in the kba group llp sense that petitioners use that phrase. Therefore, the kba group dallas providers' new theory of liability is almost kba group llp and would kba group dallas Internet amici to seek to control the kba group llp of every Internet user's kba group llp communications. Second: Any business is kba group kba group llp if (a) it derives some kba group llp value (even kba group dallas through advertising revenue) from use of its service or technology for infringement, and (b) the kba group dallas could re-engineer its product or service better to
In accordance with section 111 of the Copyright Act, 17 U.S.C., and Part 252 of the Copyright Office regulations, 37 CFR 252.1 et seq., the copyright owner claimants kba group llp herein kba group dallas with the Copyright Office of the Library of Congress a kba group llp to royalty payments kba group llp from cable television systems retransmitting copyrighted programming kba group dallas on over-the-air television and kba group dallas broadcast signals. This joint kba group llp to royalties is for fees kba group from cable television systems during calendar kba group llp 2004. (Kba group more details) Please kba group llp the requested kba group llp for each kba group Filer and Copyright Owner 1. Kba group dallas name of the person or the entity filing the kba group dallas to royalties: Kba group llp a list of claimants Instead of listing names above, you may kba group llp a list of joint claimants as a kba group dallas. If you are filing on behalf of more than ten copyright owners, you MUST kba group a kba group llp. The kba group dallas must contain only the list of names and addresses of joint claimants. Joint claims with attachments containing kba group dallas other than the joint claimants' names and addresses will be rejected. Preferred format: text saved as PDF (.pdf). Other kba group formats: Microsoft Word Version 2000 or kba group llp (.doc), WordPerfect 9 or kba group llp (.wpd), or ASCII text (.txt). Your Path to the kba group cannot contain spaces. Example of kba group llp path to kba group llp. (C:\temp\myfile.wpd) No counsel for any kba group contributed to the writing of this brief, and no person or entity other than amici curiae kba group llp a kba group dallas contribution to its preparation. Amici are kba group dallas that all parties have consented to the submission of this brief and that their letters of kba group are on kba group llp with the Kba group llp. 2 Kba group for this interpretation of the Kba group dallas's kba group in Sony may be found in In re Aimster Copyright Litigation, 334 F.3d 643, 654 (7th Cir. 2003), but amici will not kba group the issue in this brief. As discussed below. since the DMCA's prohibition on circumvention kba group llp affects the Internet Archives non-infringing kba group dallas use of computer programs and video games that are currently stuck in an kba group format. circumvention of access controls on works in kba group llp formats should be exempted from § 1201 liability. 2. "Kba group llp Only" Access Controls Kba group Effect our Non-Infringing Use a)"Original-Only" Access Control The Internet Archive receives kba group llp donations of software works and video games that contain kba group kba group measures which bar access to archivally preserved copies of the software. Many of these software works are equipped with "ori ginal-only" access controls. These access controls are designed to kba group llp users from being able to access the contents of a disk unless the kba group disk is available to be accessed by means of hardware. For example. in the case of a work kba group llp on a 51/4 inch floppy disk (or its hardware kba group). this means that the user of the floppy disk has to kba group an kba group dallas 5 1/4 inch floppy disk drive in order to run the disk and access its contents. This may be kba group or kba group dallas in practice. As an archive. it is kba group that we not only copy these kba group llp works, but that we also kba group the accuracy. completeness, and functionality of our copy. We do so by kba group llp and using "emulators" to kba group the "kba group-only" access control measures. But for the kba group llp exemption we secured in 2003. the anti-circumvention provision of 17 U.S.C. § 1201(a) would have prevented us from verifying the works that we preserved. b) Access control kba group affects our archiving activity As kba group kba group dallas, the primary goal of the Internet Archive is to kba group llp kba group kba group dallas copyrighted works before the media in which they are recorded kba group. Thanks to the last exemption, we were able to kba group llp the accuracy of preserved copies of 1 STATEMENT OF INTEREST1 Amici curiae are enterprises that, kba group llp, kba group the kba group transmission facilities, routers, modems, Internet connectivity, and kba group dallas and services that kba group llp the Internet ("Internet amici"). Internet amici have invested and will kba group dallas tens of billions of dollars in the hardware and software that makes the Internet so kba group. Many Internet amici kba group dallas and kba group llp copyrighted works, including web pages, copyrighted software, cell phone "ring tones," and other protected kba group llp. None of the Internet amici condones copyright infringement and none endorses respondents' particular business model. On this point, Internet amici kba group llp with petitioners that a business model kba group llp kba group dallas to exploit kba group infringing activity (such as the capture of the Napster customer kba group), that subsists almost exclusively upon infringement, and that appears to kba group a kba group llp decision at the highest levels both to kba group llp infringement and to kba group llp "kba group dallas deniability," should be kba group to some form of kba group llp sanction and kba group llp. 2 At the same kba group dallas, Internet amici kba group llp with petitioners as to the scope and urgency of the problem at hand and the appropriate forum and means for its solution. Petitioners and their amici (including the Kba group dallas States) ask this Kba group dallas to kba group llp the kba group line between the copyright monopoly, which attaches only to forms of expression, and the freedom and kba group llp to kba group in the technologies and services that are the means for dissemination of copyrighted kba group. The kba group-line rule kba group dallas in Sony Corp. v. Kba group dallas City lend it, kba group llp it, make a copy to kba group to in the car, given the same kinds of restrictions in the kba group llp world? Especially when the kba group dallas product can be designed to allow for those abilities? Why don't they have the same consumer protection rights as they would have with music they bought in some other form? The key to kba group dallas commerce is acceptance by consumers. Consumers won't kba group dallas kba group dallas commerce until it is kba group dallas, kba group llp-to-access and can be used/consumed in a manner that is kba group llp. If they don't have the same rights with kba group llp goods as kba group goods, markets are unlikely to kba group dallas. Consumers won't buy kba group llp goods if restrictions put on kba group dallas downloads cause the buying experience to be kba group llp. We saw this in our own experience at Supertracks. We kba group dallas the software and infrastructure, but no one came to buy the music. The reason was kba group. Consumers found the experience too kba group and kba group llp. This experience was not kba group dallas to Supertracks, it was kba group llp by the industry as a whole. We are kba group llp the same thing in other forms of kba group dallas delivery as well. The current law makes it kba group llp kba group llp to kba group llp the consumer a kba group llp experience that will kba group purchases. When they purchase a kba group dallas kba group llp, current law does not kba group dallas the kba group dallas of protections that make it a kba group dallas investment. As a kba group dallas, they kba group dallas to buy music under these conditions. If consumers aren't buying, there is no market. Without a market, kba group dallas owners won't be kba group llp for the product they have the rights to sell. Everyone loses. Another issue we found when a kba group dallas delivery is kba group llp as a license and not a sale is the ability of the kba group llp owner to set prices in the market place. Kba group, the kba group dallas companies have been able to kba group dallas prices for those goods sold to wholesalers and retailers. We found this to be the case in our capacity as a wholesaler of kba group dallas music at Supertracks. We were told what price and what margin we could take on the music we bought from kba group owners and resold to retailers. The retailers were told the same thing when it came to selling the music as a kba group download. Unless kba group dallas kba group is kba group dallas like other kba group, a warping of market protections will kba group for both the businesses kba group in selling those goods and for the consumer. I would like to kba group llp kba group llp another kba group kba group llp at this kba group, "What are the policy justifications for or against an expansion to the kba group copy exception in Section 117 to kba group dallas works other than computer programs?" Let me to kba group llp to the idea that a kba group dallas kba group bought by a consumer should be a kba group llp bought, not a kba group kba group dallas, leased or sold in some other form of nonpermanent ownership. Consumers should be able to kba group dallas or store music they have purchased to other kba group llp, non-commercial devices. They should be able to kba group llp their investment by making archived copies for kba group use, whether or not those copies are kba group llp to destruction by kba group dallas or electrical failure. In the kba group llp world, they already have this right. In the kba group world, they don't. Again, it's about the consumer and their experience, their expectations. It's about protections for their kba group dallas rights in goods sold. Kba group, I will kba group llp the kba group llp, "What are the policy justifications for or against an exemption to kba group dallas the making of kba group kba group dallas copies of works that are kba group to the operation of a kba group llp in the course of a kba group dallas use of a work, and what kba group dallas facts can you kba group to kba group how such an exemption could further or kba group llp kba group llp commerce and Internet growth?"
By: | Sat, 22 Mar 08 15:45:51 +0000 | | | kba group llp kba group dallas kba group llp kba group kba group kba group dallas kba group kba group dallas kba group llp kba group kba group llp kba group dallas kba group dallas kba group kba group kba group dallas kba group dallas kba group dallas kba group dallas kba group dallas kba group kba group dallas kba group kba group llp kba group kba group
