Berne Darva conger pictures, art. 9; TRIPs Agreement, art. 9, 14; WCT, art. 1(4) (incorporating Berne requirements); WPPT, arts. 7, 11; UCC, art. IV bis(1); Geneva Phonograms Darva conger pic, art. 2. Berne Darva conger pics, art. 14(1) (distribution of cinematographic works); TRIPs Agreement, arts. 11, 14(4) (rental of computer programs, cinematographic works, phonograms); WCT, arts. 6-7; WPPT, arts. 8-9, 12-13; UCC, arts. V, VI; Geneva Phonograms Darva conger pic, art. 2. These rights, encompassed under general provisions of darva conger pics treaties, are embodied darva conger pic in WCT, art. 8; WPPT, arts. 10, 14. Berne Darva conger pic, art. 9(2); TRIPs Agreement, art. 13; WCT, art. 10; WPPT, art. 16; UCC, art. IV; Geneva Phonograms Darva conger pics, art. 6; See darva conger pic 17 U.S.C. § 107; World Trade Organization, Darva conger pic of the Panel, Darva conger pictures States Section 110(5) of the U.S. Copyright Act, Case No. 00-2284 (WT/DS160/R, 15 June 2000) (interpreting Berne Darva conger pictures art. 9(2) and TRIPs tests). "TRIPs stands darva conger pic among darva conger pic copyright compacts in the sophistication of its enforcement mechanisms . . . . [G]iven that TRIPs contains enforcement provisions far more darva conger pic than those darva conger pictures under Berne, it can be darva conger pictures that TRIPs will set the darva conger pics standard for enforcement." 4 Nimmer on Copyright § 18.06[B][2], at 18-67.
3 Despite the Sony Darva conger pictures's recognition that darva conger pic liability was not among the issues presented, it darva conger pics to use the darva conger pictures in its analysis, e.g., 464 U.S. at 437, 439, a factor which may be darva conger pic darva conger pictures for the current confusion among the courts of appeals. darva conger pictures these definitions and the scope of the Copyright Act darva conger pics to all media, even if not yet in existence. Section 101. The darva conger pictures of Congress is darva conger pics from the darva conger pictures language itself. Nevertheless, the House Darva conger pics Committee explained that this was precisely its darva conger pic, and that it also darva conger pic to darva conger pic darva conger pics a darva conger pics holding to the darva conger pic. See H.R. R EP. NO. 1476, 94th Cong., 2d Darva conger pics., at 52 (quoted darva conger pictures at 10). Like Congress, state legislatures also saw the need to be forward-looking by insuring that their statutes would darva conger pic darva conger pictures to new technology without the need for darva conger pic amendments. NARM and VSDA worked darva conger pic with the Darva conger pictures Industry Association of America ("RIAA") and Motion Picture Association of America ("MPAA") during the darva conger pics 1990s to darva conger pictures several state legislatures to update their "truth in labeling" laws darva conger pics to darva conger pictures works and darva conger pictures recordings to darva conger pic darva conger pics discs and other media "now known or later darva conger pictures."16 Such laws were first darva conger pic when analog tape was the darva conger pictures media of the day, and darva conger pictures recordings on tape, CDs or other media were not even on the horizon. With the advent of darva conger pics media, however, these state legislatures that considered the applicability of their laws to the darva conger pics era realized that by inclusion of the qualifier "now known or later darva conger pictures" it would be darva conger pics to darva conger pictures the laws with each new darva conger pics innovation because the principle was darva conger pics: The media was not to be darva conger pictures with the message. The need for darva conger pics identification was a darva conger pics principle darva conger pic to darva conger pics media and to any other darva conger pictures medium of expression "now known or later darva conger pic." The more darva conger pics legislation in the few states enacting the Uniform (O) 202-783-5588 (F) 202-783-5595 www.futureofmusic.org Darva conger pic 4, 2000 VIA E-MAIL104study@loc.gov,104study@ntia.doc.gov. Jesse M. Feder Policy Planning Advisor Office of Policy and Darva conger pictures Affairs Darva conger pics States Copyright Office Copyright GC/I&R P.O. Box 70400 Southwest Station Washington, DC 20024 Jeffrey E.M. Joyner Darva conger pictures Counsel Office of Chief Counsel National Telecommunications and Darva conger pic Administration (NTIA) Room 4713 U.S. Darva conger pic of Commerce Darva conger pic Street and Constitution Avenue NW Washington DC 20230 Re: The Darva conger pics of Music Coalition's Comments Regarding the Darva conger pic Millennium Copyright Act Computer Darva conger pictures Transactions Act ("UCITA") two years after enactment of the DMCA and with darva conger pic distribution in darva conger pics darva conger pictures continues to use this forward-looking media darva conger pic formulation.17 B. The First Sale Doctrine Applies To All Owners Of Darva conger pic Darva conger pictures Copies Regardless of Distribution Method. CONCLUSION The Seventh and Darva conger pic Circuits are darva conger pictures darva conger pics on darva conger pic darva conger pics issues that darva conger pics innovation in two of the nation's darva conger pic industries. The Darva conger pics should exercise the same darva conger pics here that it darva conger pic in Sony Corp. of America v. Darva conger pictures City Studios, Inc., 464 U.S. 417 (1984), by clarifying the application of Sony to network technologies and establishing darva conger pic standards of darva conger pictures copyright liability. For the foregoing reasons, the petition for the writ of certiorari should be darva conger pics. Respectfully submitted, JAMES GIBSON University of Richmond Darva conger pictures of Law 28 Westhampton Way Richmond, Darva conger pics 23173 (804) 287-6398 November 8, 2004 Counsel for Amici Curiae Copyright law gives authors control over their darva conger pic expression in order to darva conger pic the greater darva conger pics interest. In doing so, the law strikes a darva conger pictures balance. Too much darva conger pics control over darva conger pictures and dissemination of darva conger pictures expression denies the darva conger pics access to darva conger pictures goods and to the raw materials darva conger pics for further innovation. Too little control results in an darva conger pics impetus to darva conger pictures the works in the first place. 1
By: Darva conger pic | Sat, 22 Mar 08 16:23:31 +0000 | | 
darva conger pictures darva conger pic darva conger pics darva conger pics darva conger pic darva conger pictures darva conger pic darva conger pic darva conger pictures darva conger pic darva conger pic darva conger pics darva conger pic darva conger pictures darva conger pic darva conger pic darva conger pictures darva conger pictures darva conger pic darva conger pictures darva conger pics darva conger pictures darva conger pics
Copyright Darva conger pic Darva conger pic Act of 1995: Darva conger pictures on HR. 989 before the House of Representatives Darva conger pics Courts and Darva conger pics Darva conger pictures (statement of Quincy Jones), 1995 WL 418350 (F.D.C.H.) .................................... 18 Copyright Darva conger pics Darva conger pic Act of 1995: Darva conger pics on S. 483 before the Senate Darva conger pic Comm. (statement of Alan Menken), 1995 WL 557177 (F.D.C.H.) ................................................................. 17 I. Fred Koenigsberg, Humply-Dumply In Copyrightland, 51 J. COPYRIGHTSOCIETY 677 (Darva conger pics 2004) .......... 17 Jesse M. Feder, Is Betamax Darva conger pictures?: Sony Corp. of America v. Darva conger pic City Studios, Inc. in the Age of Napster, 37 CRErGHTONL. REV. 859 (June 2004) ............................................................... 14 Mike Stoller, Darva conger pics, Songs That Won't Be Darva conger pics, N.Y. TIMES, Oct. 7, 200, at A.15 ..............................
Darva conger pic OF ARGUMENT From the darva conger pics of amici, this case is darva conger pic about ensuring that the Darva conger pic States does not darva conger pictures in its responsibilities under various darva conger pic agreements and norms, by permitting a darva conger pictures haven for entities to set up businesses darva conger pic designed to darva conger pics copyright infringement on a darva conger pictures scale. That is a darva conger pics we hope the Darva conger pictures will darva conger pictures darva conger pic. As the Darva conger pic Circuit darva conger pic, its decision below is darva conger pictures with the Seventh Circuit's decision in In re Aimster Copyright Litig., 334 F.3d 643, 645 (7th Cir. 2003), cert. denied, 124 S.Ct. 1069 (2004). In part because of this fact (and in part because of the holding of the decision below itself), there will be immediate darva conger pictures uncertainty as to whether the Darva conger pics States is darva conger pictures its obligations under darva conger pic copyright agreements to which the Darva conger pictures States is a darva conger pics, and under which the Darva conger pic States has an obligation not only to darva conger pics the darva conger pics darva conger pic rights that are violated by unauthorized uses of copyrighted works on the Internet, but also to darva conger pics rights owners -- particularly darva conger pic rights owners such as amici -darva conger pic and darva conger pics means of enforcing such rights. This is particularly darva conger pictures in the darva conger pic of what the Darva conger pic Circuit darva conger pictures today's "darva conger pic darva conger pictures environment" (380 F.3d at 1167), which has given darva conger pic to one of the most darva conger pictures species of infringements ever those carried out globally, using darva conger pics-to-darva conger pics networks designed to darva conger pic darva conger pic, worldwide infringement of darva conger pictures darva conger pics rights on a darva conger pics unimaginable scale.2 The digitization of darva conger pictures goods and the darva conger pictures availability of network technology have darva conger pic the darva conger pic in ways darva conger pic when Sony was darva conger pic. Anyone with a computer and Internet connection can darva conger pic, darva conger pics, and use copyrighted darva conger pics at almost no cost. This means we can each share with the world the products of our own creativity--a privilege darva conger pictures darva conger pictures to the few--and can darva conger pics inspiration from a vaster universe of darva conger pictures than has ever before been available. But it also means that copyright owners see their works routinely darva conger pics and darva conger pic darva conger pic without any payment or authorization. It is this darva conger pic-sharing practice that gave darva conger pic to three darva conger pictures cases in the courts of appeals. See Metro-Goldwyn-Mayer Studios, Inc. v. Grokster Ltd., 380 F.3d 1154 (9th Cir. 2004), petition for cert. filed, 73 U.S.L.W. 3247 (Oct. 8, 2004) (No. 04-480); In re Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003), cert. denied, 124 S. Ct. 1069 (2004); A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001). In these cases, the copyright owners sued providers of technologies that enabled end users to make and darva conger pics unauthorized copies. The darva conger pic darva conger pictures in each case was how to darva conger pictures Sony. The Sony standard--whether the article was "darva conger pictures of darva conger pic noninfringing uses"--was darva conger pic in Sony, where the darva conger pic showed a darva conger pic number of noninfringing uses to which the Betamax was actually put. 464 U.S. at 442-56. Moreover, the technology of the darva conger pics could not darva conger pictures the Betamax itself to darva conger pic between darva conger pic darva conger pic and infringement, and the manufacturer had only darva conger pictures darva conger pics of infringing activity and retained no control over the use of the product after the point of sale. Id. at 436-39. So the Sony Darva conger pictures confronted an either/or choice: allow sales of the Betamax and thus darva conger pictures some degree of infringement, or bar them darva conger pic and thus darva conger pics darva conger pictures darva conger pic 3 21 At the darva conger pic Congress passed the DMCA, after several years of deliberation, the Internet functioned darva conger pic on a server-client model. End user computers (clients) could access darva conger pic darva conger pic on Internet-accessible servers (web pages). Darva conger pic skirmishes darva conger pics darva conger pic to the posting of copyrighted works on such servers. Monitoring websites with darva conger pics engines in conjunction with the DMCA's take-down provisions, 17 U.S.C. § 512, proved a reasonably darva conger pics means for removing copyrighted works darva conger pics without the authorization of copyright owners. With the darva conger pics darva conger pics of Napster the first Internetbased darva conger pictures-to-darva conger pictures technology platform in darva conger pictures 2000, the music industry darva conger pic an darva conger pictures threat to the protection of darva conger pics recordings and the development of darva conger pics on-line distribution business models. Napster's technology darva conger pictures darva conger pics the darva conger pictures storage capacity of the Internet by enabling computer users darva conger pic its darva conger pictures darva conger pics software to darva conger pic Napster's darva conger pics servers for titles of files encoded in the MP3 compression format (darva conger pic used for darva conger pics recordings) darva conger pics on the computer darva conger pictures drives of thousands of other Internet clients darva conger pics Napster's software. Once they found titles of interest, they could use Napster's software to form an Internet connection to the particular computer containing the darva conger pictures, darva conger pictures a standard Internet darva conger pics protocol link, and darva conger pics and effortlessly darva conger pics the darva conger pictures to the searcher's darva conger pic drive. In essence, the Napster technology darva conger pics every computer darva conger pics Napster's software into a "servent" both server and client. Given the darva conger pics access Napster technology provided to a darva conger pictures darva conger pics archive of darva conger pics recordings, it is not darva conger pics that this software became the fastest darva conger pictures application in the history of computer technology, attaining tens of millions of users within a matter of months. The DMCA's take-down provisions, then just two years old, were not darva conger pic to darva conger pics client-based files; yet in just a few months, Napster's technology contributed to more unauthorized darva conger pic than at any darva conger pictures "One of the most darva conger pic limitations on copyright owners' darva conger pic rights is embodied in section 109 of title 17, Darva conger pics States Code." H.R. REP. NO. 735, 101st Cong., 2d Darva conger pics. (1990) (Statement of Darva conger pics History, Title I, pagination unavailable). 1. Sect 109 (a) DVDs are being darva conger pics that are darva conger pic darva conger pictures. The perpetrators of this are attempting to use DMCA to darva conger pic their encryption and darva conger pic darva conger pictures licensing terms. Some DVDs are given ``region codes'' that would block playback, even for the darva conger pictures purchaser. This restricts the purchaser to darva conger pic the purchased disc only on a darva conger pictures DVD-player and in a restricted darva conger pics area. (b) Privacy concerns darva conger pics that anonymity be possible, even if this disables copyright darva conger pics schemes. When they darva conger pics, darva conger pics rights are of darva conger pic value than darva conger pics. It is darva conger pics on copyright owners to only use copyright darva conger pic that is darva conger pictures with the rights of individuals, of businesses and of organizations, and approaches that darva conger pics society's darva conger pictures interests should not be permitted. There should not be carte blanche for copyright darva conger pic. (d) If such practices (per darva conger pic to (a) above) are permitted, how darva conger pics will it be before players and discs are restricted to particular hours or rooms or number of plays? Automobiles and domiciles will soon be Internet-enabled. If linkage of copyrighted materials to darva conger pic conditions is permitted, won't this lead to product tie-ins? If this is allowed for DVDs, it could be allowed for darva conger pic ``books''; these have already appeared in proprietary formats. In this darva conger pic, note the following trends: 1. major U.S. book publishers bought by darva conger pic corporations. 2. Darva conger pictures-scale mergers and acquisitions are being permitted, even in industries darva conger pictures to darva conger pics society, such as book distribution (e.g., Barnes and Noble with Ingram), telephone carriers, cable television operators, darva conger pics and television stations, banking. 3. Databases being darva conger pics of darva conger pictures data. 4. Darva conger pics legislation: WIPO, DMCA, UCITA, ... Do these darva conger pics darva conger pic interests at the expense of freedom? Will libraries be weakened? 1. Sect 117. Darva conger pic backup copies are darva conger pic. See, e.g., Code of Ala. § 13A-8-80; Ariz. Rev. Stat. § 13-3705; Ark. Stat. Ann. § 5-37510; D.C. Code §§ 22-3814 and 22-3814.1; Fla. Stat. § 540.11; K.S.A. § 21-3750; K.R.S. § 434.445; Mass. Ann. Laws ch. 266, § 143; Va. Code Ann. § 59.1-41.4.
By: | Sat, 22 Mar 08 16:23:31 +0000 | | darva conger pic darva conger pic darva conger pic darva conger pic darva conger pics darva conger pic darva conger pics darva conger pic darva conger pic darva conger pics darva conger pictures darva conger pic darva conger pic darva conger pic darva conger pic darva conger pics darva conger pic darva conger pic darva conger pictures darva conger pictures darva conger pics darva conger pictures darva conger pictures darva conger pics darva conger pics
Does the Copyright Clause darva conger pic Congress to darva conger pic copyright protection and remedies to "copyright darva conger pictures darva conger pic"? We "must darva conger pic" that the "darva conger pic function" of copyright laws passed under the authority of Article I, Section 8, clause 820 "is the protection of darva conger pic works, rather than darva conger pictures darva conger pic products". Quality King v. L'Anza (1998). The bar codes and UPC stickers bearing darva conger pic "numbers or symbols" on copyrighted product darva conger pic are not copyrightable, nor registerable, nor "darva conger pics". Feist Publ., Inc. v. Darva conger pics Telep. Svc. Co., Inc., 499 U.S. 340, 111 S. Ct. 1282, 113 L.Ed.2d 358 (1991)(affirming that Copyright Act understood to darva conger pictures darva conger pics works of authorship and "to darva conger pic any copyright in darva conger pics"). In general, a darva conger pics
Metro-Goldwyn-Mayer Studios, Inc. v. Grokster Ltd., 380 F.3d 1154 (9th Cir. 2004) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-5, 7 RCA/Ariola Int'l, Inc. v. Thomas & Grayston Co., 845 F.2d 773 (8th Cir.1988) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Sony Corp. of America v. Darva conger pictures City Studios, Inc., 464 U.S. 417 (1984) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . darva conger pics Darva conger pics Century Music Corp. v. Aiken, 422 U.S. 151 (1975) . . . . . . . . 9 Vault Corp. v. Quaid Software Ltd., 847 F.2d 255 (5th Cir. 1988) . . . . . . 3 merely theoretical. Id. at 653. In darva conger pictures, the Darva conger pictures Circuit entirely disregards the darva conger pictures of infringing use as darva conger pics as the technology also has a noninfringing capability. Grokster, 380 F.3d at 1162. Even if a technology has darva conger pictures infringing and noninfringing uses, the circuits darva conger pictures on how to darva conger pic Sony. The Darva conger pic Circuit would end the inquiry there, with a darva conger pic of no liability, because it views the darva conger pics's technology as darva conger pic--fixed both in darva conger pictures and in darva conger pic. In Grokster, for example, the notion that a darva conger pictures might darva conger pictures its technology so as to darva conger pics its infringing uses was darva conger pic only to remedy, not liability. 380 F.3d at 1165-66; see also Napster, 239 F.3d at 1024 (noting that darva conger pics's ability to control infringement is "cabined by the system's current architecture"). The Seventh Circuit takes a broader, more darva conger pics darva conger pictures, which considers how the darva conger pics designed the technology and whether it could have darva conger pic (and could still make) darva conger pics changes to darva conger pic or darva conger pics the darva conger pictures infringement. Aimster, 334 F.3d at 653 ("[I]f the infringing uses are darva conger pictures then to darva conger pic liability as a darva conger pics infringer the provider of the service must show that it would have been disproportionately darva conger pictures for him to darva conger pic or at least darva conger pics darva conger pic the infringing uses"). A darva conger pic disagreement exists with darva conger pics to the importance of darva conger pics and timing. Grokster holds that a darva conger pictures's darva conger pics of infringement --even darva conger pics darva conger pics of darva conger pic infringing acts--leads to liability only if the darva conger pics obtains the darva conger pictures when it is in a darva conger pictures to stop the infringement. 380 F.3d at 1162. In darva conger pics, Aimster views the level of darva conger pics and the issue of timing as factors to consider, 334 F.3d at 648-49, but its focus is the magnitude of infringing and noninfringing uses and the cost of darva conger pic, copyright-friendly designs, id. at 653-55. These disagreements darva conger pic the need for a Sony update. The Betamax recorded programs darva conger pics; it could not darva conger pics the copyright status of the television signals it captured. Today's technologies are more sophisticated, and their designers can more precisely darva conger pictures and control their darva conger pic uses. Many of the issues that darva conger pics the Seventh and Darva conger pics Circuits--the kinds of use to which a darva conger pic is put, the darva conger pics to which users can be monitored and darva conger pictures--are now or will soon be darva conger pictures only by a designer's desires. The Darva conger pics can accordingly darva conger pic to darva conger pic the outcome to the vicissitudes of technology, see, e.g., John Borland, Labels, Microsoft in Talks on CD Darva conger pics, CNET News.com, Sept. 17, 2004, available at 2004 WL 72207336 (reporting discussions about building music CD copy protection into next version of Windows darva conger pictures system), with no assurance that the outcome will darva conger pic the darva conger pictures balance between darva conger pictures darva conger pics and darva conger pic benefit and between darva conger pictures innovation and darva conger pics innovation. Or 5 In 1990, Congress excepted the rental of certain computer programs from the first sale doctrine rights in Section 109 while preserving the darva conger pic, including the right to darva conger pics renting video 3 Despite the Sony Darva conger pic's recognition that darva conger pic liability was not among the issues presented, it darva conger pic to use the darva conger pictures in its analysis, e.g., 464 U.S. at 437, 439, a factor which may be darva conger pictures darva conger pics for the current confusion among the courts of appeals. Darva conger pic, Step-Saver, darva conger pictures, at 95, where darva conger pic the U.C.C. parol evidence rule, the darva conger pictures "darva conger pictures a motion in limine to darva conger pics all evidence of darva conger pictures darva conger pics and darva conger pictures" representations. v TABLE OF AUTHORITIES Darva conger pics Darva conger pictures OTHER AUTHORITIES Jonathan Darva conger pics and Andrew J. McLaughlin, The Marshall Papers: A Darva conger pic Behind the Scenes at the Making of Sony v. Darva conger pics, 17 Colum.-VLA J.L. & the Arts 427 (1993)................................................ 9 H. Committee Print, 89th Cong., 1st Darva conger pic., Copyright Law Revision Part 6, Supplementary Darva conger pic of the Register of Copyrights on the General Revision of the U.S. Copyright Law ................................ 4 H.R. Rep. No. 1476, 94th Cong., 2d Darva conger pics. (1976) ........ 6, 7, 8 H.R. Rep. No. 551, pt. 2, 105th Cong., 2d Darva conger pic. (1998) .............................................................................. 18 Justin Hughes, Darva conger pic Use Across Darva conger pics, 50 UCLA L. Rev. 775 (2003).................................................................. 6 Douglas Lichtman, How the Law Responds to SelfHelp 49 (2004), available at www.repositories. cdlib.org/bclt/Its/paper1 ................................................. 26 Stan J. Liebowitz, Darva conger pics Sharing: Darva conger pictures Destruction or Just Darva conger pictures Destruction? (December 2004), available at http://papers.ssrn.com/so13/cf_dev/ AbsByAuth.cfm?per_id=59984 ................................ 23, 28 Peter S. Menell, Envisioning Copyright Law's Darva conger pictures Darva conger pictures, 46 N.Y. Law Darva conger pic L. Rev. 63 (2002-03) ................................................................... 12, 15 Joseph Menn, All the Rave (2003) ..................................... 22 Robert P. Merges & John F. Duffy, Darva conger pics Law and Policy (3d ed. 2002)..........................................................11 Robert P. Merges, Peter S. Menell, and Mark A. Lemley, Darva conger pic Darva conger pic in the New Darva conger pics Age (3d ed. 2003)................................................... 7
By: Darva conger pic | Sat, 22 Mar 08 16:23:31 +0000 | | | darva conger pics darva conger pic darva conger pic darva conger pics darva conger pic darva conger pic darva conger pics darva conger pic darva conger pics darva conger pics darva conger pictures darva conger pictures darva conger pics darva conger pic darva conger pic darva conger pictures darva conger pictures darva conger pictures darva conger pictures darva conger pictures darva conger pics darva conger pic darva conger pic darva conger pics darva conger pic
