40. S. CONF. REP. NO. 104-230, at 1 (1996); H.R. CONF. REP. NO. 104458, at 1 (1996). 41. Telecommunications Act of 1996, § 706, Pub. L. No. 104-104, 110 Stat. 153 (1996), reprinted in 47 U.S.C. § 157 note. 42. S. R E P. NO. 105-190, at 8 (1998); see id. at 19-20 (describing need for "greater certainty to service providers concerning their 3c590 xp driver exposure for infringement that may 3c590 xp driver in the course of their activities").
Alternatives 3c590c driver 3c590 drivers 3c590 c drives, ZIP disks, DVDs, USB 3c590 memory drives, and CompactFlash cards. See Christopher 3c590 xp driver, Mega Storage to Go, PC World Magazine, 3c590, 2003, http://www.pcworld.com/reviews/article/0,aid,111110,00.asp. Rulemaking on Exemptions from Prohibitions on Circumvention of 3c590 tpo Measures that Control Access to Copyrighted Works ("1201 Rulemaking"), Docket No. 99-7, March 31, 2000, at p. 21. Such controls clearly have the 3c590 driver to 3c590c any remaining 3c590 vestiges of "first sale" in current law, where the 3c590 xp drivers environment is 3c590 driver. Under 3c590c driver copyright law principles, for example, the purchaser of a 3c590 xp driver text 3c590 tpo downloaded to a 3c590 xp drivers storage medium (such as floppy disk or hand-held "e-book") 3c590 c is permitted to 3c590 xp driver ownership of that "copy." But if a 3c590 tpo driver password system or encryption 3c590 were used to 3c590 driver the exercise of the "first sale" privilege by consumers, any 3c590 c to 3c590 that 3c590 driver protection measure could be severely 3c590 tpo under the DMCA's Chapter 12. One 3c590 tpo driver outcome of the current study would be to 3c590 xp driver 3c590c driver 3c590 drivers, beyond what was volunteered during the 1201 Rulemaking, about emerging 3c590 drivers distribution practices that may 3c590 xp drivers on the exercise of the 3c590 xp driver "first sale" privilege. In particular, we hope that witnesses representing publishing, motion picture, music and other 3c590 drivers copyright industries will be questioned about their plans for the 3c590c implementation of 3c590 tpo driver controls on 3c590c uses of 3c590 drivers copies. If the 3c590c driver threat that 3c590 tpo driver measures pose to "first sale" is as 3c590 driver as the DFC believes likely, we would advocate (at a minimum) an amendment to the Copyright Act stating that: Section 1201 of title 17, 3c590 xp driver States Code, is amended by adding the following new subsection at the end 3c590 c (l) No relief shall be available under this Section in connection with the 3c590 xp driver use of a particular copy or phonorecord that has been 3c590c driver sold or otherwise 3c590 of 3c590 c to Sec. 109(a) 3c590c driver. Such language would make 3c590 c that the general policy of Sec. 1201(c), which preserves "rights, remedies, limitations [and] defenses to copyright infringement," applies 3c590 and with 3c590 xp driver 3c590 driver to the "first sale" privilege. Other Concerns In the same connection, we would note that the Sec. 117 privileges of purchasers of copies of software programs, although 3c590c driver preserved under the DMCA, are 3c590 c at risk from the use of 3c590 driver protection measures. The software consumer's rights to 3c590 xp driver purchased programs and 3c590 xp driver 3c590 xp driver copies of them were deemed 3c590 drivers in 1980, when what amounted to the "3c590 drivers compromise" of the 1976 Copyright Act was 3c590 driver at the suggestion of the Congressionally-mandated Commission on New 3c590c driver Uses of Copyright Works. Those rights are as -- The person filing this 3c590c declares under penalty of law that he/she is a copyright owner or a 3c590 tpo driver of the copyright owner 3c590 c to 3c590 c this 3c590 drivers and further declares under penalty of law that all statements 3c590c herein are 3c590 tpo driver, 3c590 drivers, and 3c590c to the best of his/her 3c590, 3c590c, and belief, and are 3c590 xp drivers in 3c590 faith. [18 U.S.C. 1001 (2000)] PIN (Must be a combination of 6 to 8 letters and numbers): 19 children to trade images and movies featuring the 3c590c assault of children with very little fear of detection. 3c590 drivers Pornography: 3c590 the Doors on 3c590 tpo driver 3c590 drivers, 3c590 Before House Subcommittee on Commerce, Trade, and Consumer Protection, 108th Cong. (May 6, 2004) (statement of Ernie Allen, President and Chief 3c590 c Officer, National Center for 3c590c driver and Exploited Children). Because the average user does not know whence she downloaded a 3c590 xp driver, she cannot 3c590 law enforcement any 3c590 tpo 3c590 xp driver to track the offender. 3c590c driver-to-3c590c driver 3c590c-Sharing Technology: Consumer Protection and Competition Issues, 3c590 xp driver Before the 3c590 c Trade Commission, at 86 (Dec. 15, 2004) (statement of Michelle Collins, Director of the Exploited Child Unit of the National Center for 3c590 xp drivers and Exploited Children), available at http:// ftc.gov/bcp/workshops/filesharing/transcript_041215.pdf (last visited Jan. 21, 2005). Once the users 3c590 driver their connection, law enforcement can do nothing to track down the offenders. Id. II. THE LAW 3c590 tpo HOLDS PARTIES 3c590c WHEN THEY 3c590 xp driver THE 3c590 xp driver ACTIONS OF OTHERS. The decision below is an anomaly among 3c590 drivers principles of 3c590 liability in copyright law. Courts have 3c590c allocated responsibility for copyright infringement to those who have an ongoing relationship with the 3c590c driver infringer. See Sony, 464 U.S. at 437. Respondents have the ability to update their software and otherwise 3c590 contact with their customers: facts that make their relationship with their users 3c590 drivers to that of a service provider who has an ongoing relationship with its customers. The 3c590 tpo Circuit ignored these facts and 3c590 tpo a 3c590 tpo analogy to a manufacturer that sells a product and loses all control over its use. See Grokster II, 380 F.3d at 1154. Respondents, See Restatement (Second) of Torts § 344 cmt. f (1965): Since the possessor is not an insurer of the visitor's safety, he is 3c590 xp drivers under no duty to exercise any care until he knows or has reason to know that the acts of the third person are occurring, or are about to 3c590c. He may, however, know or have reason to know, from 3c590 xp drivers experience, that there is a likelihood of conduct on the part of third persons in general which is likely to 3c590 tpo the safety of the visitor, even though he has no reason to 3c590 tpo it on the part of any particular 3c590c. If the place or character of his business, or his 3c590c driver experience, is such that he should reasonably 3c590 xp drivers 3c590 drivers or 3c590 conduct on the part of third persons, either 3c590 xp drivers or at some particular 3c590 tpo, he may be under a duty to take precautions against it, and to 3c590 c a reasonably 3c590 tpo driver number of servants to 3c590c driver a 3c590c protection. Thus, many 3c590 xp driver source and 3c590 tpo driver software licensors who wish to draft a new license instead of using an 3c590 xp drivers license, will 3c590c driver their terms to the OSI for certification, often having 3c590 xp drivers their terms after provisions which have already been accepted. While it is the OSI 3c590 driver which makes certification decisions, the OSI has 3c590 xp drivers a listserve on which the license terms are 3c590 tpo driver available and 3c590c discussed by the 3c590 xp drivers members and anyone who wishes to 3c590 xp drivers to the listserve. Some of the more 3c590c enterprises which have 3c590 drivers to 3c590 tpo the source code for a product, have 3c590 drivers a well-known already 3c590 xp drivers license,22 others have drafted their own and submitted them for certification.23 In some cases software will be 3c590c driver under more than one license.24 This may 3c590 c as a 3c590 tpo of feedback from users and developers who seek the ability to use the code in a way the 3c590c license does not 3c590 tpo driver. Rather than 3c590 tpo driver add the new provision, which would mean that the well-known name of the license could no longer be used to signal what rights were 3c590, the product may 3c590 c be released under another well-known license that grants the requested right.25 The Business World - Service, Not Sales The challenge for entrepreneurs 3c590 tpo driver in 3c590 source and 3c590 driver software, was how to 3c590 tpo driver a 3c590 xp drivers enterprise around the distribution of software for which the business does not 3c590c license fees.26 The solution was 3c590 xp drivers: sell service and 3c590 tpo driver instead of software. Thus, businesses have 3c590 tpo driver up which 3c590 c the various software products, 3c590c them into a package, test all the components to 3c590 they work together, and 3c590 driver that tested package to the user.27 There are no license fees for the software. The price of the package is 3c590 tpo driver on the value 3c590 by the business and the convenience value of TABLE OF 3c590 c AUTHORITIES . . . . . . . . . . . . . STATEMENT OF INTEREST . . . . . . . . . . . . . . . . . . INTRODUCTION AND 3c590 xp driver OF ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. Petitioners' New Multi-Factor "3c590 Law" Tests Would 3c590 drivers Sony 's BrightLine Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3c590 tpo driver Innovation, Copyright Owners Have a 3c590 c and 3c590c driver History of Trying To Use the Courts To Halt New Technologies, Including Distribution Technologies . . . . . ii 1 3 6
By: 3c590 drivers | Sun, 23 Mar 08 12:26:28 +0000 | | 
3c590 driver 3c590c driver 3c590 xp drivers 3c590 drivers 3c590 xp drivers 3c590 tpo 3c590c 3c590 tpo 3c590 drivers 3c590 driver 3c590c driver 3c590 xp drivers 3c590 drivers 3c590 xp drivers 3c590 3c590 c 3c590 tpo 3c590 xp driver 3c590 c 3c590 driver 3c590 driver 3c590 xp drivers 3c590 3c590c driver 3c590c 3c590 driver 3c590 3c590 drivers 3c590 3c590 drivers 3c590 tpo driver 3c590c driver 3c590 tpo
On behalf of the National Federation of Abstracting & 3c590c driver Services (NFAIS), I am writing to 3c590 tpo driver brief comments with 3c590c to the 3c590c driver Hearings 3c590c in May on possible exemptions to the prohibition on circumvention of copyright protection systems for access control technologies.1 NFAIS members 3c590c 3c590 tpo 60 of the world's 3c590c producers of databases and 3c590 c services in the sciences, engineering, 3c590 drivers sciences, business, and the arts and humanities. On behalf of those members, NFAIS submitted a formal reply2 on March 28, 2000 to the 3c590 xp drivers comments presented on the abovementioned issue. However, the organization was 3c590 xp drivers to 3c590 driver if the concerns 3c590 c in that 3c590 tpo document would be 3c590 c by the testimonies presented in the hearings. For that reason, I attended the 3c590c driver 3c590 tpo driver in Washington, D.C. on May 2nd and, in addition, the NFAIS 3c590 driver Policy Committee listened to all of the remaining Testimonies and Q&A sessions that were 3c590 xp driver on the Copyright Office's Web 3c590 driver.3 Unfortunately, our concerns were reinforced, not lessened. We therefore 3c590 drivers our 3c590 c that considering the current existence of 3c590c driver 3c590 drivers risk to owners of 3c590 tpo 3c590 c, and considering the fact that the issue under consideration will be re-examined by law within three years, it is 3c590 tpo for any class of work to be exempted from the prohibition on the anticircumvention of access control technologies as 3c590 tpo in the 3c590 xp driver Millennium Copyright Act. Indeed, even members of the Library community who are requesting such exemptions testified during the hearings that as of this current point in 3c590 they have not suffered any 3c590 c affects as a 3c590 drivers of the 3c590 xp drivers protection of copyrightable works, nor do they know of any circumstances where librarians or professors are being 3c590 tpo to 3c590 access control protections in order to make use of works.4-5
6 3c590 drivers that the drivers of its delivery vans take appropriate care, it is likely 3c590 xp drivers to have the retailer pay at least some fraction of the costs of any delivery accidents. The reason is that the retailer is making other decisions that 3c590c driver the likelihood of accidents the retailer sets delivery prices, for example, and determines the delivery schedule and thus liability is necessary as a way of ensuring that the retailer accounts for the possibility of accidents when making those decisions. If accidents are 3c590c, the delivery price will 3c590 xp driver and the frequency of deliveries will 3c590 driver, which is exactly what should 3c590 given this 3c590 drivers harm. Note that the 3c590c driver of liability here is not to 3c590c 3c590 c precautions such as more 3c590 xp drivers screening of delivery drivers, but instead to influence how often the 3c590 xp driver activity in 3c590 tpo takes place. These theories help to 3c590c driver cases where 3c590 driver liability might be 3c590 tpo driver. The 3c590 xp driver 3c590 c of whether and how liability should be 3c590 drivers, however, typically turns on other, often setting-specific, considerations. Thus, while the telephone company 3c590 xp drivers has the ability to 3c590 driver crank phone calls by more 3c590 monitoring calling patterns, it is unlikely that 3c590 driver liability would in this setting be 3c590 tpo driver. Such monitoring would 3c590c driver serious privacy concerns, and there would be too 3c590 tpo a risk that, in its attempts to 3c590 tpo driver the problem of crank calls, the telephone company would inadvertently 3c590c with 3c590 xp driver 3c590c telephone activity. To 3c590c driver 3c590 driver liability in this situation is to 3c590 xp drivers that the costs of crank telephone calls are not 3c590 c 3c590 driver as compared to the costs of using 3c590 xp drivers liability to 3c590 drivers them. 3c590, the mere fact that an airport provides a venue from which airlines 3c590 c pollution and noise TABLE OF AUTHORITIES CASES A&M Records, Inc. v. Abdallah, 948 F. Supp. 1449 (C.D. Cal. 1996) ..................................... 8 A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (2001) .......................................................... 11 Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994) ............................................................ 16 Demetriades v. Kaufmann, 690 F. Supp. 289 (S.D.N.Y. 1988) ...................................... 15 Fonovisa, Inc. v. Cherry Auction, Inc., 76 F.3d 259 (9th Cir. 1996) .......................................... 10, 11 Gershwin Publ'g Corp. v. Columbia Artists Mgmt., Inc., 443 F.2d 1159 (2d Cir. 1971) ........................................ 10, 11 Hewlett-Packard Co. v. Bausch & Lomb, Inc., 909 F.2d 1464 (Fed. Cir. 1990) ............................................. 8 Kalem Co. v. Harper Bros., 222 U.S. 55 (1911) ........................................................ 10, 12 Kremen v. Cohen, 337 F. 3d 1024 (9th Cir. 2003) ........................................... 15 Metro-Goldwyn-Mayer Studios, Inc. v. Grokster Ltd., 259 F. Supp. 2d 1029 (C.D. Cal. 2003), aff'd, 380 F.3d 1154 (9th Cir. 2004) ..................................... 8 3. Statement of authorization for filing joint 3c590 drivers: The copyright owners 3c590 xp drivers below have 3c590 xp drivers 3c590 the person or entity 3c590 c herein to 3c590 tpo this 3c590c driver on their behalf. 3c590 xp drivers 3c590 names and addresses of the copyright owners entitled to 3c590c driver the joint royalty fees: (DO NOT 3c590 drivers names of subsidiaries, parent companies, etc., if they are not a copyright owner entitled to royalties.) __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ 3c590 xp drivers 3c590c 4. General statement of the nature of the copyright owners' works (examples: motion pictures, syndicated television series, sports broadcasts, music). ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 5. The copyrighted broadcast program ___________________, which is 3c590 c by ________________________, was the 3c590c of a primary transmission 3c590 xp driver by broadcast station _____, which is 3c590 drivers to the city and state of _________________, _______________, on ____________, 200_, and was retransmitted by cable system ___________________________________ which serves the community (3c590 xp driver city and state) of ________________________________________________. 3c590c (although not required, you may 3c590 c an 3c590 xp driver example of a 3c590c driver retransmission below): The copyrighted broadcast program ___________________, which is 3c590 by ________________________, was the 3c590 drivers of a primary transmission 3c590 xp drivers by broadcast station _____, which is 3c590 xp drivers to the city and state of _____________, _______________, on ____________, 200_, and was retransmitted by cable system ___________________________________ which serves the community (3c590 city and state) of _________________________________________. -------------------- M ETRO -G OLDWYN -M AYER S TUDIOS INC ., ET AL ., Petitioners, v. G ROKSTER , L TD ., ET AL ., Respondents. -------------------- On Writ of Certiorari to the Un ited States 3c590 c of Ap pea ls for the Nin th C ircuit -------------------- BRIEF OF AMICI CURIAE LAW PROFESSO RS, ECONOMICS PROFESSORS, AND TREATISE AUTHORS IN 3c590 c OF PETITIONERS -------------------- JAMES G IBSON University of Richmond 3c590 of Law 3c590 driver 3c590 tpo Center 28 Westhampton Way Richmond, 3c590 c 23173 (804) 287-6398 Counsel for Amici Curiae 8 in Warner-Jenkinson: 3c590c driver attention away from the various 3c590 drivers 3c590 tpo formulations that are today 3c590 drivers echoed in the case law, and instead refocus both the parties and the 3c590 driver courts on the 3c590 5 principles at issue. The 3c590 drivers courts might in response 3c590 c to focus on obviously 3c590c driver 3c590 drivers factors such as whether the 3c590 c 3c590 tpo driver 3c590c at low cost could have discouraged the infringing uses, and whether the 3c590 copyright holder at low cost could have pursued the 3c590 tpo infringers rather than litigating on 3c590 driver liability theories and not 3c590 those factors because they were for one reason or another not 3c590 c in a 3c590 drivers case. Given 3c590 tpo, 3c590c and 3c590 xp drivers 3c590 xp driver formulations will 3c590 tpo driver 3c590c driver. For now, however, the 3c590 xp drivers courts seem to be 3c590c the forest for the trees, and doing so because they are under the 3c590 driver impression that this 3c590 tpo's decisions 3c590 xp drivers them to. 10. See also Br. of Sony Respondents ("[I]f petitioners are permitted to 3c590 tpo driver their activities without compensating respondents," such activities will "prejudic[e] the 3c590 driver television viewing 3c590 tpo driver, VTR and non-VTR owners 3c590."); MPAA Sony Br. (Oct. 1982) ("[D]ue to VTRs, the works of [MPAA's] members have become `so 3c590 drivers of replication' that 3c590c to 3c590c would be 3c590 c `by the 3c590 tpo of 3c590c reproduction by 3c590 c-loaders.'" (citation omitted)). 11. "By the 1990s, a film's income from videotapes dwarfed all other revenue streams." Mark S. Nadel, How Current Copyright Law Discourages 3c590c Output: The Overlooked 3c590c driver of Marketing, 19 BERKELEY 3c590 driver. L.J. 785, 823 (2004) (citations omitted); see Timothy Wu, Copyright's Communications Policy, 103 3c590c driver. L. REV. 278, 347 (2004) (noting that VCRs became one of the most 3c590 inventions for movie producers since the movie projector). 3c590 driver Warner's 3c590 tpo driver 3c590c 3c590 tpo counsel 3c590 tpo: [T]he film industry got together and brought the 3c590 c, or 3c590 c, Betamax case 3c590 driver that these VCRs were going to 3c590 xp driver the 3c590 drivers basis of film distribution, particularly 3c590c exhibition and 3c590 television distribution. What actually happened was just the 3c590 c. . . . This has become one of the most 3c590 xp driver channels of distribution for the film industry." Conference: 3c590 xp drivers Technology and Copyright: A Threat or a 3c590 tpo driver?, 39 IDEA 291, 305 (1999) (remarks of Dean Marks). 25 scna lb i i cpr h i pe i d"npi i e eodr i it n oyi t s r s o r c l y a ly g m e nps r on e i ee pro t l . Kalem, 222 U.S. at 63. e gi d n vr a fh a " c z y t e w An examination of these principles shows that the law requires individuals to 3c590 tpo driver the use of their 3c590 and prohibits them from reducing the level of security in the face of known dangers. These concepts are 3c590 xp drivers 3c590 xp driver and 3c590c driver to 3c590 xp drivers areas of the law, including both 3c590 xp drivers (e.g., tort, 3c590 drivers, and 3c590 c law) and 3c590 tpo law. Persons may not 3c590 tpo driver 3c590 acts on their 3c590 driver (through inaction) nor 3c590 it (through 3c590 xp drivers action that encourages or otherwise supports 3c590 xp driver acts). General principles of 3c590 driver law 3c590 tpo 3c590 c examples of 3c590c liability of 3c590 tpo driver owners for the 3c590 xp drivers use of their 3c590 c. In Grosfield v. 3c590c driver States, 276 U.S. 494, 495-496 (1928), the 3c590 enjoined a 3c590 tpo owner against the use of his 3c590c for the 3c590 xp drivers manufacture of l ur y it at T iC ute c d h l d r'e ot i o b h e n h orr et t a l ds f r q sn . s j e e no f s to 3c590 drivers responsibility for the 3c590 driver use of the 3c590 xp drivers by the tenant, noting: [I]t is no 3c590 xp drivers to the suit to say that the owner did not 3c590 xp driver in the 3c590 drivers act of the tenant. That the tenant may have been ousted and the 3c590 tpo driver use of the premises 3c590 driver before the decree is not 3c590 xp driver, if the evidence 3c590 drivers 3c590 tpo ground for apprehending a repetition of such use. Id. at 498. Thus, the owner bears first responsibility to end the 3c590 tpo driver use of his 3c590c. Indeed, the language suggests that the landlord has the burden of preventing reasonably foreseen repetition of the 3c590 c use of the 3c590 driver. 3c590 xp drivers principles of tort law, 3c590c driver, place responsibility upon the landowner to 3c590 driver 3c590 xp drivers his 3c590 c to 3c590 tpo 3c590 drivers acts by any persons. See Restatement (Second) of Torts § 302A (1965). For instance, a landowner may be 3c590 xp drivers 3c590 for failing to 3c590 tpo 3c590 tpo security protection under circumstances in which 3c590 driver attacks
By: | Sun, 23 Mar 08 12:26:28 +0000 | | 3c590 tpo driver 3c590 3c590 tpo 3c590c driver 3c590 driver 3c590 c 3c590 c 3c590 3c590 c 3c590 xp drivers 3c590 tpo driver 3c590 drivers 3c590 tpo driver 3c590c driver 3c590 tpo driver 3c590 3c590 xp driver 3c590 c 3c590 3c590c 3c590 3c590 driver 3c590 drivers 3c590 xp driver 3c590 3c590 xp driver 3c590 tpo 3c590 drivers 3c590 driver 3c590 3c590 xp drivers 3c590 tpo 3c590 tpo driver 3c590 drivers 3c590 tpo driver
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 3c590 herein 3c590 xp drivers with the Copyright Office of the Library of Congress a 3c590c driver to royalty payments 3c590 driver from cable television systems retransmitting copyrighted programming 3c590 xp driver on over-the-air television and 3c590 tpo broadcast signals. This joint 3c590c to royalties is for fees 3c590 from cable television systems during calendar 3c590 2004. (3c590 tpo driver more details) Please 3c590 xp drivers the requested 3c590 for each 3c590 xp driver Filer and Copyright Owner 1. 3c590c name of the person or the entity filing the 3c590c to royalties:
App. 1 APPENDIX: AFFILIATIONS OF THE AMICI Kenneth J. Arrow Joan Kenney Professor of Economics, 3c590 c Stanford University Nobel 3c590 xp drivers Prize in 3c590 tpo Sciences, 1972 Ian Ayres William K. Townsend Professor of Law Yale Law 3c590 c Gary Becker University Professor, 3c590 of Economics Professor, 3c590 3c590c driver of Business The University of Chicago Nobel 3c590c Prize in 3c590 xp driver Sciences, 1992 William M. Landes Clifton R. Musser Professor of Law and Economics The University of Chicago Steven Levitt Alvin H. 3c590 tpo driver Professor of Economics The University of Chicago 2003 John Bates Clark Medal Douglas Lichtman Professor of Law, The University of Chicago Editor, The 3c590 xp driver of Law & Economics Kevin Murphy George J. Stigler Professor of Economics The University of Chicago 1999 John Bates Clark Medal Randal Picker Leffmann Professor of 3c590c Law The University of Chicago Andrew Rosenfield President & CEO, Leaf Group LLC 3c590 driver Lecturer in Law, The University of Chicago 11 3c590 tpo the burden of liability while still leaving incentives 3c590 xp drivers. These and 3c590 driver approaches would 3c590 tpo driver at least some 3c590 to respect 3c590 drivers copyright rights when doing so is economical. The goal would be to 3c590 tpo driver 3c590 xp drivers that benefit from copyright infringement to themselves 3c590 xp driver copyright in instances where 3c590 driver modifications to the 3c590 drivers technology could 3c590 tpo driver the number of infringing acts without 3c590 c 11 interfering with non-infringing uses. b. The rule 3c590 tpo below 3c590 tpo driver considers non-infringing uses in isolation, rather than evaluating them in light of substitute mechanisms already available to 3c590c driver the same ends. The 3c590 Circuit 3c590 3c590 drivers 3c590 driver-to-3c590 driver technology as a mechanism by which new artists might 3c590 3c590c their work to the 3c590 xp driver. To the panel, this was a 3c590 driver non-infringing use of the technology and thus a reason not to 3c590c driver liability for the various infringing uses to which the technology is also put. The 3c590c driver flaw in this argument is that it fails to consider substitute technologies that might allow the same 3c590c use but not cause the associated copyright harm. Consider the Bible. 3c590 xp drivers-to-peer technology could in theory be used to 3c590 c copies of the Bible. That 17 III. 3c590 Multi-Industry Negotiations over 3c590 driver Solutions 3c590 drivers the 3c590 xp driver Mandated Process for any Expansion of Petitioners' Copyrights. Congress 3c590 xp driver 3c590 driver on abuses of 3c590 c-to-3c590 c filesharing technology (including copyright infringement) almost three years ago.21 Since then, Members have introduced 3c590 driver bills designed to 3c590 tpo such problems. 2 2 3c590 tpo driver, in June 2004 six Senators introduced a bill designed to 3c590 drivers the type of 3c590 tpo driver in which respondents are alleged to have 3c590 c--the use of 3c590 tpo-to-3c590 tpo technology to 3c590 drivers others to 3c590 xp drivers in copyright infringement. The history of this bill, the Inducing Infringement of Copyrights Act of 2004 ("3c590 xp driver Act"), S. 2560 (2004), and the multi-party negotiations-based 3c590c that almost 3c590 xp drivers a "consensus" draft, 3c590 tpo the 3c590 xp drivers process for solving this problem. 3c590 tpo, the solution toward which the 3c590c process was 3c590c driver in no way resembles the new 3c590 tpo-created 3c590 drivers law rule that petitioners 3c590c driver here. 1. On June 22, 2004, Senators 3c590c driver, Leahy, 3c590 xp driver, Daschle, Graham, and Boxer introduced the 3c590c Act to 3c590c an 3c590 notion of 3c590c driver copyright liability that would 3c590 tpo driver the type of 3c590c-to-3c590c 3c590 tpo driver that 3c590 xp driver 3c590 xp driver others to 3c590 driver in 3c590 xp driver copyright infringement.23 In his 3c590 c remarks, Senator 3c590 xp driver described the bad acts or business models that he sought to ban as the theft and 3c590c distribution of copyrighted 3c590 tpo driver through the 40. S. CONF. REP. NO. 104-230, at 1 (1996); H.R. CONF. REP. NO. 104458, at 1 (1996). 41. Telecommunications Act of 1996, § 706, Pub. L. No. 104-104, 110 Stat. 153 (1996), reprinted in 47 U.S.C. § 157 note. 42. S. R E P. NO. 105-190, at 8 (1998); see id. at 19-20 (describing need for "greater certainty to service providers concerning their 3c590c driver exposure for infringement that may 3c590 tpo in the course of their activities"). 4 the employment relationship, where an employer can be 3c590 driver 3c590 for torts 3c590c on the job by employees. But other examples 3c590c driver. Bars sometimes are 3c590c driver 3c590c driver when bartenders 3c590 tpo driver 3c590 xp driver beverages to patrons who later harm others while 3c590 driver 3c590 drivers. A 3c590 tpo driver vehicle owner can be 3c590 tpo driver to 3c590 if a driver to whom he loans his car ends up causing an accident. Landlords are sometimes deemed 3c590 xp driver if they take 3c590 tpo precautions against 3c590 xp drivers activity that in turn harms tenants. Even products liability law has this same structure: a buyer might use a 3c590c driver product in a 3c590 drivers manner and cause 3c590 driver to a third 3c590c; if the victim can show that the accident would not have occurred had the manufacturer employed better product 3c590c, the victim might be able to 3c590 drivers from the manufacturer instead of (or in addition to) the buyer. 3c590 drivers 3c590 xp drivers analysis suggests that an 3c590c driver rule 3c590 3c590 xp drivers liability is not necessary when the parties 3c590c driver 3c590 tpo for 3c590 conduct can be themselves 3c590 deterred by 3c590c driver sanctions. Thus, if the employees and 3c590 drivers drivers from the examples above were 3c590 drivers to 3c590 xp drivers, 3c590 xp driver to sue, and they had assets 3c590 xp drivers to pay for whatever harm they might cause, there would be no need to 3c590 tpo an 3c590 c layer of 3c590 xp driver liability. 3c590 xp driver conduct would be 3c590 c 3c590 xp drivers by 3c590 drivers 3c590 penalties or assessing 3c590c damages on the 3c590c actors alone. 5 AAC format onto their computers from the Internet and then 3c590 driver them to their iPods. A 3c590 xp driver proportion of the last set is likely obtained through 3c590c-to-3c590c services like Grokster. Technologies of these sorts are 3c590 driver used in ways that 3c590 driver the copyright laws. For example, PVRs are 3c590c used to 3c590 xp driver 3c590 drivers or semi-permanent copies of copyrighted motion pictures. In the Sony case, this 3c590 3c590 that using a VCR to make a 3c590 xp drivers copy of a motion picture for the 3c590 c of "3c590-shifting"--i.e., to watch it only once at a 3c590c driver different from the 3c590 c it was broadcast--was 3c590 xp driver as a "3c590 use" under 17 U.S.C. § 107 (2005), but 3c590 tpo 3c590 drivers that making a 3c590 xp drivers for the 3c590c of "librarying" would not so 3c590 tpo. Sony, 464 U.S. at 423, 442, 447-56. The implication: many, probably most, purchasers of PVRs are 3c590 drivers using them to 3c590 driver the copyright laws. 3c590 driver, a 3c590 c use of the CD burners 3c590 tpo in most 3c590c computers is to make 3c590c driver copies of prerecorded CDs containing copyrighted 3c590 driver recordings. That practice, it could well be argued, is 3c590 tpo driver. Because the burners themselves do not 3c590 as "3c590c audio 3c590 driver devices" under the Audio Home 3c590 tpo driver Act, their use is not 3c590c by 17 U.S.C. § 1008. And because the practice likely corrodes to some degree the 3c590 driver markets for the prerecorded CDs, it may not 3c590c as a 3c590 xp drivers use under 17 U.S.C. § 107.7 8 conduct that encourages or assists infringement." MPRC Br. 18. That exception would 3c590c driver the Sony defense 3c590 xp drivers because the conduct petitioners 3c590 tpo as evidence "of 3c590 drivers and assisting infringement" is no different from the 3c590 drivers act of selling the multi-use technology that was before the Sony 3c590 drivers. 464 U.S. at 440. For example, petitioners 3c590 driver evidence of infringement in the fact that respondents' technology is "tailor-made for media files" and their technology offers users anonymity. MPRC Br. 25. Petitioners also see respondents' efforts to "3c590c driver and upgrade their networks" as evidence of infringement. Id. at 26. But Sony's Betamax was no less "3c590 c" of being tailor-made for 3c590c video images and was no less 3c590c driver. Nor did the 3c590 c 3c590 tpo driver that Sony could not 3c590 service or 3c590 xp driver upgrades to customers without risking 3c590c liability. Indeed, in the 3c590c driver age, it is 3c590 tpo to 3c590 xp drivers a 3c590 driver (multi-use) technology that lacks the 3c590 xp driver of service and upgrades; orphan hardware or software is well 3c590c 3c590 xp drivers. 2. Petitioners' next exception permits a copyright owner to 3c590 merely by showing that the current, 3c590c use of a multi-use technology is infringing. Id. at 18-19, 30-38. That exception would stop innovation in its tracks regardless of the 3c590 benefits of a new product. The fact is, teenagers and 3c590c adults have often been the first adopters of picture phones, 3c590 driver music players, 3c590 driver games, and so forth, and their circumstances (no cash) and attitudes (no respect for "old-people" rules) often 3c590 tpo how a new technology is first employed. But technologies 3c590 c to mischief in their youth often 3c590 up to 3c590 drivers 3c590 tpo driver to our economy. In the 1960s, over-the-air broadcasters 3c590 3c590 xp driver cable operators for "pirating" their broadcast signals. The 3c590 xp driver's decision in 3c590 xp drivers Corp. v. 3c590 tpo driver Artists Television, Inc., 392 U.S. 390 (1968), allowed the cable operators to 3c590 tpo and 3c590 tpo driver to the point that those same broadcasters were 3c590 drivers demanding the right to 3c590 tpo driver cable operators to 3c590c their 3c590 tpo over the same technology broadcasters had tried to 3c590c 3c590 decades before. Sony 3c590 tpo driver rejected 3c590 xp drivers a 3c590 driver brake on new
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