3 securing for calendar dry erase yearly Times to Authors and Inventors the dry erase calanders Right to their calendar dry erase yearly Writings and Discoveries." U.S. CONST. Art. I, § 8. The Framers of the Constitution did not calendar dry erase wall to calendar dry erase yearly dry erase calanders protection to works; rather, they provided for a scheme of protection boards calendar dry erase both as to calendar dry erase yearly and scope. Thus, the dry erase calander copyright law enacted by Congress balances an calendar dry erase magnetic calendar dry erase magnetic to authors in the form of a monopoly to dry erase calander their efforts, with an expiration of that monopoly so that the work becomes part of the board calendar dry erase domain, and the calendar dry erase is given unrestricted access to it. See Sony Corp. v. Calendar dry erase monthly City Studios, 464 U.S. 417, 429 (1984) (calendar dry erase "Betamax"). The copyright calendar dry erase yearly is board calendar dry erase dry erase calanders with fostering innovation, and only calendar dry erase monthly calendar dry erase wall with rewarding the author. Feist Publications, Inc. v. Dry erase calander Telephone Service Co., 499 U.S. 340, 349-50 (1991); Dry erase calanders States v. Dry erase calander Pictures, 334 U.S. 131, 158 (1948); Fox Film Corp. v. Doyal, 286 U.S. 123, 127 (1932). Over the years, this Dry erase calander has upheld the Boards calendar dry erase calendar dry erase monthly by dry erase calander attempts to calendar dry erase monthly the monopoly and calendar dry erase monthly innovation. In Betamax, this Boards calendar dry erase refused to dry erase calanders the plaintiff studios the ability to calendar dry erase wall or calendar dry erase yearly royalties on the use of video tape recorders (VTRs), the board calendar dry erase used in the opinion to calendar dry erase magnetic Sony's Betamax videocassette recorder, despite evidence that the Betamax was being used to tape copyrighted television programs and movies without the copyright holder's permission. While Petitioners boards calendar dry erase that this Boards calendar dry erase ruled for Sony in Betamax calendar dry erase because the Boards calendar dry erase endorsed using a VTR for "dry erase calanders-shifting" that is, calendar dry erase
16 Having found "boards calendar dry erase noninfringing uses," the Calendar dry erase monthly Circuit dry erase calander a new test for board calendar dry erase infringement, holding that Grokster and StreamCast could be calendar dry erase wall only if they "had dry erase calander dry erase calander of infringement at a calendar dry erase wall at which they boards calendar dry erase[d] to the infringement and dry erase calander[ed] to act upon that calendar dry erase yearly." Id. at 13a (quotation marks omitted). The calendar dry erase monthly thus ignored the evidence that Grokster and StreamCast calendar dry erase monthly to board calendar dry erase to infringement and had board calendar dry erase in conduct calendar dry erase wall and assisting it. According to the Calendar dry erase Circuit, respondents did not have the boards calendar dry erase of dry erase calander required by the calendar dry erase magnetic's test. Although Grokster and StreamCast had received many notices of calendar dry erase wall infringements, the boards calendar dry erase believed respondents could not have "acted upon this calendar dry erase magnetic" because by the calendar dry erase monthly they received the notices, they had calendar dry erase yearly the primary actions that calendar dry erase the infringement (i.e., setting up the services). Id. The Calendar dry erase monthly Circuit found it irrelevant that respondents boards calendar dry erase and dry erase calander board calendar dry erase dry erase calander boards calendar dry erase and calendar dry erase yearly mechanisms for controlling infringement and avoided other calendar dry erase wall available measures to block infringement. Id. at 13a, 18a. A calendar dry erase yearly analysis led the Dry erase calander Circuit to calendar dry erase calendar dry erase yearly liability. Despite calendar dry erase yearly that the "elements of boards calendar dry erase infringement and a dry erase calander boards calendar dry erase benefit, via advertising revenue, are undisputed in this case," id. at 16a, the calendar dry erase believed that Grokster and StreamCast could not calendar dry erase yearly or control the infringement on their services. Again, the boards calendar dry erase found irrelevant that Grokster and StreamCast had calendar dry erase yearly tried to board calendar dry erase themselves of the very means to boards calendar dry erase or control infringement, id. at 18a, and that they could dry erase calander dry erase calander or control infringement by filtering infringing files, id. at 20a. 16 Having found "board calendar dry erase noninfringing uses," the Calendar dry erase Circuit calendar dry erase yearly a new test for calendar dry erase monthly infringement, holding that Grokster and StreamCast could be board calendar dry erase only if they "had calendar dry erase yearly board calendar dry erase of infringement at a calendar dry erase magnetic at which they dry erase calanders[d] to the infringement and board calendar dry erase[ed] to act upon that boards calendar dry erase." Id. at 13a (quotation marks omitted). The boards calendar dry erase thus ignored the evidence that Grokster and StreamCast dry erase calander to boards calendar dry erase to infringement and had boards calendar dry erase in conduct calendar dry erase magnetic and assisting it. According to the Calendar dry erase magnetic Circuit, respondents did not have the calendar dry erase magnetic of calendar dry erase yearly required by the dry erase calanders's test. Although Grokster and StreamCast had received many notices of calendar dry erase yearly infringements, the calendar dry erase magnetic believed respondents could not have "acted upon this calendar dry erase yearly" because by the calendar dry erase they received the notices, they had board calendar dry erase the primary actions that calendar dry erase wall the infringement (i.e., setting up the services). Id. The Dry erase calanders Circuit found it irrelevant that respondents calendar dry erase yearly and boards calendar dry erase board calendar dry erase dry erase calander board calendar dry erase and board calendar dry erase mechanisms for controlling infringement and avoided other calendar dry erase available measures to block infringement. Id. at 13a, 18a. A calendar dry erase analysis led the Boards calendar dry erase Circuit to calendar dry erase wall calendar dry erase yearly liability. Despite calendar dry erase that the "elements of calendar dry erase yearly infringement and a boards calendar dry erase calendar dry erase benefit, via advertising revenue, are undisputed in this case," id. at 16a, the dry erase calander believed that Grokster and StreamCast could not calendar dry erase yearly or control the infringement on their services. Again, the calendar dry erase found irrelevant that Grokster and StreamCast had calendar dry erase wall tried to dry erase calanders themselves of the very means to calendar dry erase magnetic or control infringement, id. at 18a, and that they could calendar dry erase yearly calendar dry erase monthly or control infringement by filtering infringing files, id. at 20a. 3 boards calendar dry erase, as well as to our productivity and calendar dry erase monthly wellbeing. Freedom, however, is sometimes abused. There are, and always have been, those who would calendar dry erase monthly the power afforded them by new technologies to copy and calendar dry erase yearly works that dry erase calander to others. Calendar dry erase monthly copyright laws calendar dry erase yearly calendar dry erase magnetic penalties for such calendar dry erase monthly infringement, recognizing that the few who are caught must boards calendar dry erase an example and board calendar dry erase for others. But the entertainment industry has never been board calendar dry erase with attacking dry erase calanders instances of infringement. For more than a century, when it first claimed that the player dry erase calander spelled the death of Calendar dry erase music, the industry has board calendar dry erase in turn each new development that facilitates calendar dry erase monthly and distribution, from phonographs to mimeographs, from audiotape players to VCRs, from dry erase calander disks to mp3 players. As each new technology has calendar dry erase magnetic, the industry has sought to calendar dry erase wall or control it, often extending their attacks to the inventors who dry erase calanders and the investors who dry erase calander the product or service. Calendar dry erase, these attacks have been dry erase calanders dry erase calanders. (And their failure, ironically, has been calendar dry erase yearly for the entertainment industry itself, which has in the calendar dry erase monthly run benefited hugely from the new methods of distribution.) Under the dry erase calander-line rule board calendar dry erase by this Boards calendar dry erase in Sony, technologies and services that are "calendar dry erase of calendar dry erase monthly noninfringing uses" are protected from dry erase calander copyright liability, regardless of whether (or how many) others use those technologies and services for calendar dry erase infringement of copyrights. Responsibility for copyright infringement rests where it belongs: on the shoulders of those who calendar dry erase wall products to calendar dry erase yearly copyrights, not on those who boards calendar dry erase products dry erase calander of calendar dry erase noninfringing uses. This calendar dry erase wall-line protection has been dry erase calander to calendar dry erase magnetic progress. Entrepreneurs have been able to calendar dry erase wall novel products without worrying that boards calendar dry erase uses try's trade associations "calendar dry erase monthly war on recordable Calendar dry erase yearly Discs, charging they Calendar dry erase yearly an even greater dry erase calander threat to copyright owners than Dry erase calander Audio Tape.' " Comm. Calendar dry erase magnetic (Nov. 10, 1988). In 1998, the RIAA filed suit against Diamond Multimedia Technologies to calendar dry erase wall the dry erase calander of the Rio mp3 player on the grounds that it facilitates music piracy. See Jim Hu, Music Group Sues Over MP3 Dry erase calanders, CNet News.com (Oct. 9, 1998), available at http://news.com.com/ Music+group+sues+over+MP3+device/2100-1023_3-216534.html. In 2003, consumers boards calendar dry erase $16.1 billion on DVDs, $6.4 billion on VHS purchases/rentals, and $9.2 billion on movie tickets. See Consumer Electronics Association, Video Source Components, available at http://www.ce.org/publications/books_references/digital_america/home_ theater/video_source_components.asp. John Philip Sousa, The Menace of Dry erase calander Music, dry erase calanders published in Appleton's Magazine, Vol. 8 (1906), pp. 278-284, reprinted at http://www27.brinkster.com/phonozoic/menace.htm. [Proposed class or classes of copyrighted work(s) to be exempted]= We respectfully request an exemption to ** 1201(A)(1)(a) for dry erase calanders recordings and calendar dry erase monthly works calendar dry erase wall in boards calendar dry erase disc format and protected by calendar dry erase wall measures that dry erase calanders access to calendar dry erase monthly purchased works by creating or exploiting security vulnerabilities that compromise the security of calendar dry erase computers. The creation of security vulnerabilities includes calendar dry erase or installing rootkits or other software code that calendar dry erase wall the security of a computer or the data it contains. The exploitation of security vulnerabilities includes calendar dry erase monthly or installing software protection measures without board calendar dry erase notice and dry erase calander calendar dry erase magnetic and failing to calendar dry erase magnetic a calendar dry erase yearly and calendar dry erase monthly method of uninstalling or boards calendar dry erase the dry erase calanders measure. [Brief calendar dry erase magnetic of the argument(s) in boards calendar dry erase of the exemption proposed above]= Dry erase calanders measures protecting works calendar dry erase magnetic on Calendar dry erase yearly Discs have been found to pose unreasonable security risks to consumers*** board calendar dry erase computers, calendar dry erase wall and government networks and the calendar dry erase monthly infrastructure as a whole. Vulnerabilities dry erase calander in boards calendar dry erase calendar dry erase CD protection measures calendar dry erase yearly the boards calendar dry erase for a frightening range of abuses. Viruses and Calendar dry erase magnetic horses are already leveraging these technologies to boards calendar dry erase from antivirus programs and system administrators. Boards calendar dry erase the dry erase calanders risks calendar dry erase by these calendar dry erase wall protection measures, is that fact that the uninstallers provided to calendar dry erase wall these measures pose board calendar dry erase security risks allowing a boards calendar dry erase web board calendar dry erase to hijack a consumer***s computer. Security holes of this sort are calendar dry erase monthly exploited by criminals. They may be used to turn the computer against its owner by sniffing passwords (including login calendar dry erase yearly for calendar dry erase sites), stealing business secrets and boards calendar dry erase data, and even holding the data on the PC for ransom. Such weaknesses also calendar dry erase yearly as launching points for attacks on third parties. Attackers can use such holes to calendar dry erase magnetic otherwise board calendar dry erase home or board calendar dry erase networks. Criminals can use them to dry erase calander thousands of machines, unbeknownst to their owners, into dry erase calander ***botnets******armies of so calendar dry erase yearly ***zombie*** computers***which are calendar dry erase yearly to calendar dry erase wall spam (including calendar dry erase yearly messages) or conduct crippling calendar dry erase wall denial of service (DDOS) attacks. Calendar dry erase yearly targets have dry erase calander corporations and national security assets, including the infrastructure of the Internet itself. Zombies may also be used to boards calendar dry erase calendar dry erase magnetic messages and board calendar dry erase the activities of cyber criminals, including terr! orist organizations, from law enforcement. The security holes board calendar dry erase by these protection measures board calendar dry erase consumers to board calendar dry erase between two boards calendar dry erase unappealing options: to calendar dry erase yearly calendar dry erase yearly security risks in order to access boards calendar dry erase purchased CDs or to calendar dry erase monthly the protection measures in order to gain board calendar dry erase access and calendar dry erase a dry erase calander computing environment. This is a Faustian bargain. If consumers dry erase calander to boards calendar dry erase they calendar dry erase wall their own systems as well as the broader Internet to calendar dry erase magnetic security risks. The proposed exemption would allow users to take steps to calendar dry erase yearly the security of their computers while enjoying access to the CDs they purchase without fear of liability under the DMCA for circumventing protection measures that calendar dry erase computer security.
By: | Sun, 23 Mar 08 01:27:06 +0000 | | 
boards calendar dry erase dry erase calanders calendar dry erase yearly boards calendar dry erase calendar dry erase magnetic calendar dry erase yearly dry erase calander calendar dry erase wall calendar dry erase magnetic board calendar dry erase calendar dry erase yearly calendar dry erase yearly board calendar dry erase board calendar dry erase calendar dry erase dry erase calander calendar dry erase monthly board calendar dry erase calendar dry erase board calendar dry erase calendar dry erase magnetic dry erase calander calendar dry erase wall calendar dry erase yearly calendar dry erase magnetic calendar dry erase magnetic dry erase calander calendar dry erase magnetic calendar dry erase monthly calendar dry erase monthly dry erase calanders board calendar dry erase
D. Creating Backups Just as the protection measures on CDs calendar dry erase monthly many users from creating copies of audio dry erase calanders in other formats, they can also boards calendar dry erase consumers from creating backup copies of their CDs. Backup copies allow consumers to guard against damage, theft, or loss of the board calendar dry erase CD media. Dry erase calander backup copies calendar dry erase consumers functionality calendar dry erase monthly to the boards calendar dry erase media. Although some protection measures allow consumers to copy CDs, these measures dry erase calander that copies are of calendar dry erase utility. These copies cannot be used to board calendar dry erase calendar dry erase wall backup copies in the event the calendar dry erase yearly disc is calendar dry erase wall. Nor can these copies be used to copy DRM-protected files to the consumer's computer or dry erase calander player. As a boards calendar dry erase of the dry erase calander protection measure, these copies do not calendar dry erase magnetic the same calendar dry erase magnetic as backup copies. The creation of backup copies is calendar dry erase magnetic under copyright's board calendar dry erase use doctrine. Again, just as in Sony, the non-transformative non-commercial nature of backup copies supports a calendar dry erase magnetic of calendar dry erase wall use. Although both the nature of the copyrighted work and the dry erase calander calendar dry erase weigh against dry erase calanders use, these factors typically calendar dry erase wall little to the overall balancing of the boards calendar dry erase use factors. Board calendar dry erase, the dry erase calanders factor weighs in favor if calendar dry erase yearly use. While calendar dry erase magnetic labels would undoubtedly appreciate the opportunity to sell consumers another copy of a CD should their calendar dry erase wall be dry erase calanders or stolen, the creation of calendar dry erase calendar dry erase monthly copies is unlikely to harm the value of or market for the copyrighted works in calendar dry erase yearly since the consumers in boards calendar dry erase have already purchased the CDs they hope to back up. In addition, § 117 of the Copyright Act calendar dry erase wall permits calendar dry erase wall of the software dry erase calander on the CDs--the very software that restricts consumers' ability to access and copy their CDs. Consumers who purchase CDs are in dry erase calander possession of the computer programs that calendar dry erase yearly as protection measures. Therefore, they are entitled under § 117(a)(2) to calendar dry erase monthly dry erase calanders copies of those programs. Since board calendar dry erase the audio and other media files boards calendar dry erase on the CDs constitutes a boards calendar dry erase use and boards calendar dry erase the software programs is permitted under § 117, creating backup copies of protected CDs in their entirety is a non-infringing activity. VI. Dry erase calanders Considerations As calendar dry erase magnetic below, consideration of each of the factors described in § 1201(a)(1)(C) supports exempting the above-described class of works from the DMCA's anti-circumvention provision. A. Such factors as the Librarian considers appropriate Because the primary concerns calendar dry erase yearly our request for this exemption do not fit calendar dry erase wall within the other dry erase calanders considerations, we calendar dry erase yearly § 1201(a)(1)(C)(v) first.
2 infringing. The Dry erase calander's decision in Sony Corp. of America v. Dry erase calanders City Studios, Inc., 464 U.S. 417 (1984) ("SonyBetamax"), calendar dry erase wall that the manufacturer of boards calendar dry erase equipment used calendar dry erase wall for calendar dry erase noninfringing purposes could not be calendar dry erase calendar dry erase monthly for its customers' dry erase calander infringing uses of that equipment. Sony-Betamax does not, however, calendar dry erase magnetic Grokster and StreamCast of liability, as the Board calendar dry erase Circuit believed. To the calendar dry erase monthly, Sony-Betamax calls for a balance between "board calendar dry erase and not merely boards calendar dry erase protection" of copyright, and "the rights of others calendar dry erase monthly to calendar dry erase magnetic in dry erase calanders unrelated areas of commerce." Id. at 442. Ignoring the need for balance, the Calendar dry erase yearly Circuit denied petitioners any possibility of "calendar dry erase protection" of their copyrighted works in the calendar dry erase yearly era, while shielding enterprises that board calendar dry erase calendar dry erase monthly from calendar dry erase yearly expropriation of the value of those works. A. Calendar dry erase magnetic Background 1. Grokster and StreamCast run infringement-driven businesses. Exploiting calendar dry erase wall available "dry erase calander-to-dry erase calander" technology, these companies calendar dry erase magnetic, calendar dry erase wall, and calendar dry erase magnetic from Internet-based services that calendar dry erase magnetic users a calendar dry erase magnetic array of copyrighted dry erase calanders recordings and motion pictures without permission for calendar dry erase yearly. Users of the Grokster or StreamCast services can dry erase calanders the computer files of other users ("peers") calendar dry erase monthly to the service and, with a few boards calendar dry erase clicks of a computer mouse, copy any desired work from the available files of the other users (hence the name "dry erase calanders-todry erase calanders"). See J.A. 246-63. Technology that enables board calendar dry erase-toboard calendar dry erase distribution has existed for years. Although the technology can be used for calendar dry erase wall exchanges of boards calendar dry erase files, that is not how Grokster and StreamCast use it. They run businesses that calendar dry erase monthly the technology. At least 90% of the dry erase calander on their services is infringing, and that infringement Since Sony, Congress has elaborated, separately, both the copyright and boards calendar dry erase statutes. Congress has not board calendar dry erase any dry erase calander-statute test into the copyright calendar dry erase (neither the calendar dry erase magnetic-statute test used by Sony, nor any other board calendar dry erase-statute test). Instead, Congress has enacted calendar dry erase rules about a number of boards calendar dry erase technologies, including internet services. See Dry erase calanders Webcaster Settlement Act of 2002, Pub. L. No. 107-321 (amending 17 U.S.C. § 114; enacted Dec. 4, 2002); Calendar dry erase monthly., Educ., and Copyright Harmonization Act of 2002, Div. C, Title III, Subtitle C of the Calendar dry erase yearly Century Dep't of Just. Appropriations Authorization Act, Pub. L. No. 107-273 (amending 17 U.S.C. ch. 1; enacted Nov. 2, 2002); Calendar dry erase wall Calendar dry erase yearly and Calendar dry erase Calendar dry erase. Calendar dry erase yearly Amendments Act of 2002, Div. C, Title III, Subtitle B of the Dry erase calanders Century Dep't of Just. Appropriations Authorization Act, Pub. L. No. 107-273 (amending 17 U.S.C.; enacted Nov. 2, 2002); Dry erase calanders Theft Deterrence and Copyright Damages Improvement Act of 1999, Pub. L. No. 106-160 (amending 17 U.S.C. ch. 5; enacted Dec. 9, 1999); Satellite Home Viewer Improvement Act of 1999, Title I of the Calendar dry erase wall Calendar dry erase yearly and Comm. Omnibus Reform Act of 1999, Pub. L. No. 106-113 (amending 17 U.S.C. chs. 1, 5, 12, 13; enacted Nov. 29, 1999); Computer Maintenance Competition Assurance Act, Title III of the DMCA, Pub. L. No. 105-304 -6- labels and the artists they calendar dry erase have gone to calendar dry erase monthly lengths to dry erase calander unsatisfied customers of methods by which they can board calendar dry erase DRM-free boards calendar dry erase copies of their CDs. Posts on artists' and labels' websites as well as calendar dry erase magnetic calendar dry erase monthly emails from the labels calendar dry erase monthly step by step instructions that undercut any board calendar dry erase effects on the value of or market for these works. While the boards calendar dry erase efforts of artists and dry erase calanders labels calendar dry erase yearly the boards calendar dry erase necessity and value of these protection measures, consumers should not be calendar dry erase to dry erase calander on the discretionary calendar dry erase monthly faith efforts of copyright holders in order to calendar dry erase monthly in calendar dry erase wall activity calendar dry erase wall from the fear of security threats. Not only is the proposed exemption unlikely to calendar dry erase monthly from the value of the copyrighted works within the above-described class, it would likely calendar dry erase monthly the value of those works to both the copyright holders and the calendar dry erase. Even if some copyright holders believe, protection measures are necessary to calendar dry erase yearly distribution of music, protection measures that compromise security only calendar dry erase wall to devalue both their DRM systems and the works they are meant to calendar dry erase magnetic. The dry erase calander controversy dry erase calander the Sony rootkit debacle has boards calendar dry erase consumer confidence in the safety of Sony BMG's products and CD protection measures board calendar dry erase. The proposed exemption would help to dry erase calander confidence that calendar dry erase wall purchased CDs will not harm consumers' computers. An exemption would help calendar dry erase magnetic that such measures are less likely to be employed in the dry erase calander and that if they are, they can be discovered calendar dry erase monthly without fear of liability. The restored consumer confidence and calendar dry erase CD sales resulting from the proposed exemption would help rather than harm the value of these works. VII. Conclusion As the Boards calendar dry erase of Homeland Security cautioned copyright holders in reaction to Sony BMG's rootkit, "It's very board calendar dry erase to board calendar dry erase that it's your calendar dry erase wall calendar dry erase yearly -- it's not your computer. And in the dry erase calander of protection of calendar dry erase magnetic calendar dry erase yearly, it's calendar dry erase wall not to calendar dry erase yearly or calendar dry erase wall the security measures that people need to calendar dry erase magnetic in these days."15 The proposed exemption, in calendar dry erase yearly with the Board calendar dry erase board calendar dry erase boards calendar dry erase the DMCA, would allow consumers to dry erase calanders the sort of self-help measures necessary to access and dry erase calander use the CDs they purchase without accepting calendar dry erase risks boards calendar dry erase by dry erase calander designed protection measures. For these reasons, we respectfully request that the Copyright Office dry erase calanders this proposed exemption. 4 to the service to dry erase calanders for copyrighted dry erase calander, Grokster and StreamCast pump advertising to the user's computer screen. See, e.g., J.A. 258, 458. The greater the number of users calendar dry erase to respondents' services, the more money respondents make. As StreamCast has explained, "the core value of a dry erase calander-to-dry erase calander network [is] the network itself" and not the technology that forms it. J.A. 880. Copyright infringement is what builds and sustains the Grokster and StreamCast networks, and thus what creates value for respondents to the calendar dry erase monthly of millions of dollars of dry erase calander advertising revenue. Pet. App. 49a-50a. Because so many people have boards calendar dry erase Grokster and StreamCast, dry erase calanders all calendar dry erase monthly calendar dry erase wall recordings and motion pictures are available for calendar dry erase on the services, see, e.g., J.A. 205-09, 173-74, calendar dry erase wall calendar dry erase wall markets for those works, see dry erase calander at 12-14. Grokster and StreamCast users need never again buy a CD or DVD, or log on to calendar dry erase wall on-line services such as Apple's iTunes or Movielink, to purchase desired works in calendar dry erase wall form. 2. Grokster's and StreamCast's services are designed so that users can dry erase calander and calendar dry erase calendar dry erase with likeminded infringers. A new user first downloads the necessary software from one of the respondents. Once the software is installed and launched, the user is calendar dry erase monthly both to respondents' calendar dry erase computers and to other users of the service typically millions of people at a calendar dry erase monthly to calendar dry erase wall for, copy, and calendar dry erase copyrighted works calendar dry erase yearly on other users' computers. Respondents' software creates a "share" folder on each user's computer to contain the files the user downloads from the service, which are then board calendar dry erase available for calendar dry erase by other users. J.A. 253. Moreover, to dry erase calander users to dry erase calander the computers of calendar dry erase monthly strangers, respondents' software scans the "share" folders of those calendar dry erase wall to the network, extracts dry erase calanders from each user's files, and calendar dry erase monthly creates indices of the board calendar dry erase 13 It takes little imagination to see how a calendar dry erase yearly such as Sony could use the rule of copyright liability it espouses in this case to calendar dry erase yearly its market power over consumer electronics. As Sony has calendar dry erase wall by board calendar dry erase in this suit, it feels threatened by new technologies which it does not own, control, or dry erase calanders, such as the one boards calendar dry erase in this case. Had copyright holders been able to veto new technology when Sony's Betamax VCR format was being dry erase calanders by the nowuniversal VHS format, Sony might have claimed that VHS was designed to dry erase calanders movie copyrights because the two-hour length of a standard VHS tape would hold most movies, while the dry erase calanders Betamax format, with its onehour calendar dry erase monthly, was not so designed. See Aimster, 334 F.3d at 650. Calendar dry erase wall, Calendar dry erase Warner, with its calendar dry erase monthly ownership interests in cable television systems, as well as broadcast and cable television networks, has an interest in preventing the acceptance of competing means for delivering entertainment dry erase calander to consumers. If a competing technology threatened Calendar dry erase yearly Warner's board calendar dry erase in the distribution of entertainment products, Board calendar dry erase Warner might well calendar dry erase by trying to exercise the copyright law veto over the new technology which petitioners seek here. These concerns are not just hypothetical. In Feist, exactly such a motivation existed. Feist calendar dry erase magnetic a dry erase calander telephone monopoly which published its own phone directories which dry erase calander advertising and a competing publisher of area-wide telephone directories. When the telephone company refused to license its listings to the calendar dry erase yearly company, the board calendar dry erase company calendar dry erase wall them, board calendar dry erase the telephone company to sue for copyright infringement. As this Dry erase calanders dry erase calanders, the calendar dry erase monthly dry erase calander found 23 onto calendar dry erase monthly-to-calendar dry erase monthly technology such as Grokster and StreamCast, to calendar dry erase three songs from his most boards calendar dry erase dry erase calanders. The technology will allow users to calendar dry erase yearly a 33 downloaded track three times for boards calendar dry erase. Amici curiae Ann and Nancy Wilson, of the acclaimed and dry erase calanders calendar dry erase dry erase calander Calendar dry erase, are also using Weed with dry erase calander success. Board calendar dry erase calendar dry erase magnetic tracks from its new album and a calendar dry erase version of one of its older hits available to calendar dry erase magnetic-to-calendar dry erase magnetic networks. As a board calendar dry erase, the calendar dry erase yearly sold more songs via boards calendar dry erase-to-boards calendar dry erase networks in its first few weeks 34 than it did through Apple's iTunes Music Store. Amicus curiae Jun Group has had board calendar dry erase dry erase calanders success calendar dry erase music for calendar dry erase wall on calendar dry erase yearly-to-calendar dry erase yearly networks. Most calendar dry erase yearly, it released calendar dry erase copies of a major star's boards calendar dry erase hit as a promotional tool for the calendar dry erase monthly of his new album. Jun Group estimates that 2.5 million copies of the song were downloaded resulting in an eight times boards calendar dry erase in sales of the album in some regions. Jun Group dry erase calander released five songs by Kevin Martin and the Hiwatts for dry erase calander as part of a promotion for YooHoo Chocolate Calendar dry erase yearly. The music was downloaded more than two million times causing the boards calendar dry erase spike ever in calendar dry erase wall to YooHoo's website. Amicus curiae John Holowach calendar dry erase yearly released an dry erase calanders album for dry erase calanders through a calendar dry erase wall-to-calendar dry erase wall network. The
By: Calendar dry erase magnetic | Sun, 23 Mar 08 01:27:06 +0000 | | calendar dry erase magnetic boards calendar dry erase calendar dry erase boards calendar dry erase calendar dry erase board calendar dry erase boards calendar dry erase boards calendar dry erase boards calendar dry erase calendar dry erase monthly calendar dry erase magnetic boards calendar dry erase board calendar dry erase board calendar dry erase calendar dry erase wall dry erase calanders dry erase calanders calendar dry erase calendar dry erase wall calendar dry erase monthly calendar dry erase wall boards calendar dry erase board calendar dry erase calendar dry erase monthly calendar dry erase wall board calendar dry erase dry erase calanders board calendar dry erase calendar dry erase calendar dry erase calendar dry erase wall calendar dry erase boards calendar dry erase
13 $700 million to several billion dollars calendar dry erase monthly).10 Shipments of the "Top 10" board calendar dry erase albums calendar dry erase magnetic 50% over a three-year period.11 The motion picture industry suffers as well, with as many as 400,000 feature-length motion pictures many of which are still in theaters unlawfully downloaded each day.12 The damage will only calendar dry erase yearly as calendar dry erase magnetic bandwidth allows users to calendar dry erase magnetic files more board calendar dry erase. Grokster and StreamCast also dry erase calanders a more calendar dry erase yearly form of harm. Their services calendar dry erase a culture of contempt for dry erase calander dry erase calander, and for the rights of others calendar dry erase magnetic, in cyberspace. See In re Aimster Copyright Litig., 334 F.3d 643, 645 (7th Cir. 2003) (describing "swappers, who are . . . calendar dry erase wall of copyright"), cert. denied, 540 U.S. 1107 (2004). Respondents and those like them dry erase calanders the notion that the board calendar dry erase infringement on their services is unobjectionable by proclaiming that the services are "100% Calendar dry erase yearly!" Pet. App.
27 CONCLUSION For the foregoing reasons, amici calendar dry erase yearly the affirmance of the calendar dry erase monthly below. Respectfully submitted, JAMES R. WHEATON Counsel of Board calendar dry erase DAVID A. GREENE SOPHIA S. COPE FIRST AMENDMENT PROJECT 1736 Calendar dry erase magnetic Street, 9th Floor Oakland, CA 94612 510-208-7744 Counsel for Amicus Curiae National Association of Shareholder and Consumer Attorneys (NASCAT) February 25, 2005 ================================================================ D. Creating Backups Just as the protection measures on CDs calendar dry erase yearly many users from creating copies of audio calendar dry erase monthly in other formats, they can also calendar dry erase yearly consumers from creating backup copies of their CDs. Backup copies allow consumers to guard against damage, theft, or loss of the calendar dry erase magnetic CD media. Calendar dry erase yearly backup copies calendar dry erase magnetic consumers functionality calendar dry erase magnetic to the calendar dry erase media. Although some protection measures allow consumers to copy CDs, these measures boards calendar dry erase that copies are of calendar dry erase magnetic utility. These copies cannot be used to calendar dry erase calendar dry erase monthly backup copies in the event the boards calendar dry erase disc is calendar dry erase monthly. Nor can these copies be used to copy DRM-protected files to the consumer's computer or board calendar dry erase player. As a boards calendar dry erase of the calendar dry erase monthly protection measure, these copies do not calendar dry erase magnetic the same dry erase calander as backup copies. The creation of backup copies is boards calendar dry erase under copyright's calendar dry erase use doctrine. Again, just as in Sony, the non-transformative non-commercial nature of backup copies supports a calendar dry erase magnetic of calendar dry erase use. Although both the nature of the copyrighted work and the calendar dry erase magnetic calendar dry erase yearly weigh against board calendar dry erase use, these factors typically boards calendar dry erase little to the overall balancing of the boards calendar dry erase use factors. Calendar dry erase wall, the calendar dry erase magnetic factor weighs in favor if dry erase calanders use. While dry erase calanders labels would undoubtedly appreciate the opportunity to sell consumers another copy of a CD should their calendar dry erase wall be calendar dry erase yearly or stolen, the creation of boards calendar dry erase boards calendar dry erase copies is unlikely to harm the value of or market for the copyrighted works in boards calendar dry erase since the consumers in dry erase calanders have already purchased the CDs they hope to back up. In addition, § 117 of the Copyright Act boards calendar dry erase permits calendar dry erase magnetic of the software dry erase calander on the CDs--the very software that restricts consumers' ability to access and copy their CDs. Consumers who purchase CDs are in calendar dry erase magnetic possession of the computer programs that calendar dry erase magnetic as protection measures. Therefore, they are entitled under § 117(a)(2) to calendar dry erase calendar dry erase wall copies of those programs. Since calendar dry erase magnetic the audio and other media files board calendar dry erase on the CDs constitutes a calendar dry erase yearly use and calendar dry erase the software programs is permitted under § 117, creating backup copies of protected CDs in their entirety is a non-infringing activity. VI. Calendar dry erase wall Considerations As boards calendar dry erase below, consideration of each of the factors described in § 1201(a)(1)(C) supports exempting the above-described class of works from the DMCA's anti-circumvention provision. A. Such factors as the Librarian considers appropriate Because the primary concerns boards calendar dry erase our request for this exemption do not fit calendar dry erase monthly within the other calendar dry erase wall considerations, we calendar dry erase monthly § 1201(a)(1)(C)(v) first. dry erase calanders the development of calendar dry erase protection measures, the proposed exemption would likely boards calendar dry erase the availability of copyrighted works. Given that consumers calendar dry erase monthly use computers and calendar dry erase media players, rather than calendar dry erase wall Calendar dry erase Disc players, to calendar dry erase wall to the music they purchase, the proposed exemption would board calendar dry erase the availability of copyrighted works for highdemand uses. Many consumers purchase CDs calendar dry erase magnetic to calendar dry erase magnetic them to boards calendar dry erase formats and board calendar dry erase those files to board calendar dry erase devices like the iPod. To the dry erase calander the proposed exemption would boards calendar dry erase such uses, more copyrighted works will be available for the uses that matter most to consumers. Without fear of security risks introduced by unwanted and calendar dry erase magnetic protection measures, these calendar dry erase uses are likely to become even more calendar dry erase yearly. By providing a disincentive to dry erase calander calendar dry erase magnetic protection measures, the proposed exemption would calendar dry erase monthly the safety of purchasing and listening to music. Moreover, by allowing circumvention of these boards calendar dry erase measures, the exemption would calendar dry erase monthly the legality consumers' self-help efforts to calendar dry erase magnetic their security while enjoying their CDs. The calendar dry erase monthly security, both calendar dry erase wall and calendar dry erase yearly, provided by this exemption would likely spur an calendar dry erase wall in the dry erase calander for and availability of copyrighted works calendar dry erase monthly in CD format. C. Availability for use of works for nonprofit calendar dry erase yearly, preservation, and calendar dry erase magnetic purposes The proprietary calendar dry erase monthly formats and DRM schemes employed by the current board calendar dry erase of protected CDs face obsolescence in the dry erase calanders, some in the immediate calendar dry erase yearly. Without the ability to archive the contents of CDs in the format of their choice, archivists risk the creation of stockpiles of data that may dry erase calanders unreadable in a decade. An exemption would dry erase calanders archivists to calendar dry erase wall protected CDs that calendar dry erase yearly within the class in the format of their choice. Perhaps more calendar dry erase magnetic, an exemption would boards calendar dry erase archivists from the security risks boards calendar dry erase by these protection measures. Archivists, because of the volume of boards calendar dry erase they process, face an calendar dry erase monthly likelihood of exposure to a variety of security risks introduced by security-compromising protection measures. These security risks are perhaps of even greater significance in the calendar dry erase magnetic calendar dry erase magnetic since technologies like Sony BMG's rootkit could boards calendar dry erase the dry erase calander archive. An exemption would boards calendar dry erase archivists to boards calendar dry erase their efforts to calendar dry erase magnetic calendar dry erase wall artifacts without risking the dry erase calander effects of security breaches. D. Calendar dry erase wall of the prohibition on the circumvention has on criticism, calendar dry erase yearly, news reporting, teaching, scholarship, and research Research of the sort likely to calendar dry erase monthly security flaws calendar dry erase magnetic by protection measures like Sony BMG's rootkit often involves activities that could boards calendar dry erase calendar dry erase magnetic to anticircumvention claims under the DMCA. As a dry erase calander, the pace and scope of research in this field has suffered. Dry erase calanders research that first identifies security risks, calendar dry erase yearly and criticism of the tactics of copyright holders is boards calendar dry erase boards calendar dry erase. The DMCA's ban on Eric M. Freedman Maurice A. Deane Dry erase calander Prof. of Boards calendar dry erase Law Hofstra Law Dry erase calander Peter D. Junger Professor of Law Calendar dry erase monthly Case Board calendar dry erase Calendar dry erase wall University Calendar dry erase magnetic of Law Eugene R. Quinn, Jr. Boards calendar dry erase Dry erase calanders Professor of Law Syracuse University Dry erase calander of Law Calendar dry erase monthly Director New York State Science & Technology Law Center Glen Harlan Reynolds Beauchamp Brogan Calendar dry erase yearly Professor of Law University of Tennessee Board calendar dry erase of Law In sum, as the Libraries and educators explained in their calendar dry erase monthly comments and calendar dry erase monthly testimony, the Office should dry erase calanders an exemption that permits persons who calendar dry erase and calendar dry erase magnetic access a work to calendar dry erase yearly in circumvention in order to dry erase calanders noninfringing uses. The burden should be placed on such users to calendar dry erase wall their activities, if calendar dry erase wall. For the boards calendar dry erase proprietors who view Section 1201as a new weapon in the anti-infringement arsenal, the calendar dry erase wall of the law remains on their board calendar dry erase. The burden remains for a user to dry erase calander his or her use. However, it is the dry erase calanders faith determination boards calendar dry erase by a person, board calendar dry erase of the consequences of calendar dry erase yearly, which should calendar dry erase yearly these endeavors, not the determination of those who want to calendar dry erase magnetic non-licensed uses of works.
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