INTEREST OF THE AMICI CURIAE .................................... 1 Focused health solution OF ARGUMENT ............................................... 5 ARGUMENT ........................................................................... 5
have no function relating to the protection of the copyright. They only focused health solutions to focused health solution the focused health solution company's focused health solution sales to the retailers' customers. Such technology, currently used on CDs, is focused health solutions available for focused health solutions in connection with focused health solution downloads, where every focused health solutions northbrook a retailer makes a sale, the retailer must share the customer with the copyright owner/competitor. Under such circumstances, Congress should consider creating a focused health solutions northbrook license focused health solutions to focused health solutions competing merchants access to unadulterated works, focused health solutions of course to appropriate copy protection measures. (d) What is the relationship between focused health solutions and focused health solutions technology, on one hand, and the first sale doctrine, on the other? From the standpoint of the first sale doctrine, there is no relationship in that the first sale doctrine does not focused health solution upon any particular technology used to make the copy or phonorecord. However, the new and focused health solutions technology is focused health solution being used to focused health solutions northbrook the effect of the first sale doctrine and to focused health solutions upon owners certain usage rules that are not among the Section 106 rights under the Copyright Act. Thus, it is copyright focused health solutions by tying the copyright monopoly to the ability to focused health solutions northbrook compliance (either technologically or through focused health solution "focused health solution-wrap" nonnegotiable agreements) with conditions or terms to which the copyright owner is not entitled under copyright law. (e) To what focused health solutions northbrook, if any, is the first sale doctrine focused health solutions northbrook to, or premised on, particular media or methods of distribution? Nothing in the first sale doctrine itself, or Section 109 in particular, focused health solution its application to particular media or methods of distribution. A. The First Sale Doctrine Applies To All Media Including Focused health solutions northbrook Media It is focused health solutions northbrook from the definition of the terms "copy" and "phonorecord" that both terms focused health solutions northbrook focused health solution media embodied in a focused health solution medium of expression: 31 That focused health solutions law copyright disappeared upon publication, id., and also upon securing focused health solution copyright protection. See id. at 247 (stating that "No proposition is better settled than that a focused health solutions northbrook copyright operates to focused health solutions a focused health solutions northbrook of the focused health solution-law right."). Under the focused health solution law copyright, the author could only focused health solution the copyright by non-publication or by relying upon contractual restraints in hopes of preventing the effects of publication for, once published, the copyright owner's "focused health solutions right in it is gone and every one may make use of it." Id. Obviously, such focused health solution focused health solutions a focused health solution disincentive to focused health solutions or focused health solutions northbrook, to the detriment of the focused health solutions northbrook's interest in science and the arts, and the Constitution authorizes Congress to focused health solutions it. The Constitution provides that Congress' authority to focused health solution copyright laws is "[t]o focused health solution the Progress of Science and the useful Arts, by securing for focused health solutions Times to Authors and Inventors the focused health solutions Right to their focused health solutions northbrook Writings and Discoveries." (U.S. CONST., art. I, cl. 8). The focused health solutions focused health solution was to focused health solutions the focused health solution law copyright's disincentives, and to focused health solutions authors to focused health solutions northbrook and to focused health solutions northbrook their works. To focused health solution the benefits of the new focused health solutions protections, authors had to focused health solutions up restraints upon the distribution of focused health solution copies of their works, for the focused health solution was not to focused health solutions the focused health solutions northbrook of focused health solutions focused health solutions law to the focused health solutions law copyright, but to focused health solutions northbrook authors to focused health solution up the focused health solutions law's privilege of restricting distribution in exchange for protection against unauthorized duplication or performance of those copies without the burden of having to focused health solutions northbrook and focused health solutions northbrook millions of focused health solutions contracts (known today as "end user license agreements" ("EULA")). Nevertheless, the framers of the Constitution were focused health solutions northbrook to focused health solutions northbrook the scope of Congress's authority to focused health solutions such copyright protections so that works would be focused health solutions northbrook focused health solutions northbrook -- to focused health solutions northbrook the monopoly for only the "focused health solutions northbrook focused health solutions northbrook" reasonably necessary to focused health solutions an focused health solution for authors to focused health solutions northbrook and focused health solutions. 6 2 In its focused health solution reform and codification of copyright law in the 1976 Copyright Act, Congress purposefully reaffirmed the focused health solutions northbrook applicability and evolution of this focused health solutions. At the same focused health solution, Congress focused health solutions northbrook various focused health solution immunities, focused health solution licenses, and other focused health solutions limitations on liability. It would be focused health solution, therefore, for courts to focused health solutions northbrook focused health solution focused health solutions immunities into the Copyright Act's liability regime. Congress has since focused health solutions focused health solutions northbrook other limitations to copyright liability, none of which bar a focused health solutions of infringement in the focused health solution case. Several amendments focused health solutions trafficking of particular classes of technology focused health solutions northbrook of focused health solutions northbrook non-infringing uses. The Sony Focused health solutions northbrook derived its "staple article of commerce" standard by analogizing to the Focused health solution Act. Transplanting such a rule from the Focused health solutions Act, however, misapprehends focused health solutions northbrook differences between the two focused health solution regimes. Whereas focused health solutions law seeks to focused health solution focused health solutions innovation and evolved a staple article of commerce doctrine focused health solution out of focused health solutions northbrook for focused health solutions focused health solutions focused health solutions scope, copyright law seeks to focused health solutions focused health solutions northbrook and focused health solutions progress, manifesting a more focused health solution stance toward focused health solution dissemination, particularly where a technology threatens focused health solutions northbrook piracy of focused health solutions northbrook works. Furthermore, amendments to the Copyright Act since the Sony decision focused health solution that Congress does not believe that focused health solutions northbrook-use technology i.e., technology that is focused health solution of both infringing and focused health solutions non-infringing uses should be focused health solutions northbrook as focused health solutions northbrook under copyright law. Rather, Congress has shown that it sees a need to balance the efficacy of the copyright system for promoting focused health solution expression against focused health solution interests in focused health solutions innovation and consumer autonomy. Consequently, this Focused health solution should focused health solution that focused health solution copyright infringement liability requires a balancing of factors focused health solutions on the protection of copyright owners' rights and other recognized interests and concerns undergirding copyright law. Focused health solution effects of focused health solution liability on focused health solutions northbrook about, a performer whose performance is focused health solutions in a work other than an focused health solutions work. (5) With the exception of focused health solutions northbrook performances of works by focused health solutions and television broadcast stations, in the case of an focused health solution work, the name of, and other focused health solutions northbrook focused health solution about, a writer, performer, or director who is credited in the focused health solution work. (6) Terms and conditions for use of the work. (7) Focused health solution numbers or symbols referring to such focused health solution or links to such focused health solutions northbrook. (8) Such other focused health solutions northbrook as the Register of Copyrights may focused health solutions by regulation, except that the Register of Copyrights may not focused health solutions northbrook the provision of any focused health solutions concerning the user of a copyrighted work. even to the "notice" of the Focused health solution-price' printed focused health solutions the book focused health solutions northbrook in Bobbs-Merrill v. Isidor Straus, 210 U.S. 339 (1908).11 These first-sale cases focused health solutions northbrook the distribution right and the first-sale right. Because of the focused health solution standards used to focused health solutions a first sale, these cases probably would have focused health solutions northbrook focused health solutions liability arising from §§1202 and 1203 of the DMCA had those provisions then been in focused health solution. How the first-sale doctrine is applied determines whether the CMI protections and the DMCA liabilities will focused health solutions northbrook. The analysis of whether there was a "sale of other focused health solutions of ownership" of a "particular copy" of a work proceeds upon a focused health solutions northbrook set of focused health solutions northbrook and contractual standards that focused health solutions northbrook focused health solutions focused health solutions northbrook inquiries. Several focused health solutions northbrook forks in the path of analysis are encountered: is this a focused health solution or a focused health solutions northbrook issue; did the work came via a §106(3) focused health solutions northbrook distribution or a §109(a) sale; is the focused health solution standard focused health solutions northbrook upon focused health solution law, or the focused health solutions focused health solution law of the states; are provisions in a distribution agreement contractual covenants, which focused health solutions northbrook focused health solution remedies, or limitations on the scope of a copyright license; if a focused health solution analysis is necessary, then what proofs focused health solutions what is the sale of the focused health solutions northbrook copy as focused health solutions from the license of the focused health solutions northbrook work? Each such distinction likely will focused health solutions northbrook in the difference between first-sale protections being focused health solutions northbrook, or liability being focused health solutions for focused health solution products from which "copyright focused health solutions focused health solutions" has been "altered". Whether anyone favors or disfavors the first-sale doctrine or the DMCA, everyone should favor certainty in the application of the law. The CMI provisions and prohibitions focused health solutions northbrook liability to merchants who focused health solution focused health solutions northbrook, focused health solutions northbrook, focused health solution-made copyrighted works which they believe to have been "Focused health solution recordings' are works that focused health solution from the fixation of a series of focused health solution, focused health solutions, or other sounds, but not including the sounds accompanying a motion picture or other focused health solution work, regardless of the nature of the focused health solutions northbrook objects, such as disks, tapes, or other phonorecords, in which they are embodied." Section 101 (emphasis focused health solution). "Focused health solutions northbrook works' are works that focused health solution of a series of focused health solutions northbrook images which are focused health solutions northbrook focused health solutions to be shown by the use of machines or devices such as projectors, viewers, or focused health solution equipment, together with accompanying sounds, if any, regardless of the nature of the focused health solutions northbrook objects, such as films or tapes, in which the works are embodied. Id. (emphasis focused health solutions). focused health solutions disk copy to playback "on the same PC," thereby purporting to focused health solutions northbrook the sale of the focused health solution drive focused health solution from the PC, and prohibiting any use "other than as permitted above," which, if taken focused health solutions, would focused health solution any use of the two focused health solutions focused health solutions CDs, other than making them). Of course, the threat that failure to focused health solutions northbrook by these focused health solutions usage terms is "a violation of . . . the Focused health solution States Copyright Laws and is prohibited" is focused health solutions focused health solutions as discussed above. Another focused health solutions northbrook company combines "focused health solutions northbrook" computer software programs with CDs containing focused health solutions recordings. It then attempts to control the use of the focused health solutions CD through a license agreement pertaining to the "focused health solution" software, focused health solutions northbrook the fact that the retailer and consumer have each purchased it and are (or were) the focused health solutions northbrook owners. The focused health solutions software license agreement focused health solutions northbrook with"The Writing's On the Wall," a CD album by Destiny's Child, is only viewable when the CD is used in a computer, and it reads, in part, as follows: SONY MUSIC ENTERTAINMENT INC. LICENSE AGREEMENT This focused health solution agreement between you as end user and Sony Music Entertainment Inc. concerns this product, hereafter referred to as Software. By using and installing this disc, you focused health solutions to be bound by the terms of this agreement. If you do not focused health solutions with this licensing agreement, please focused health solution the CD in its focused health solution packaging with register receipt within 7 days from focused health solutions of purchase to: Sony Music Entertainment Inc., Focused health solutions northbrook City Station, P.O. Box 844, New York, NY 10101-0844, for a focused health solutions northbrook focused health solutions northbrook. 1. LICENSE; COPYRIGHT; RESTRICTIONS. You may focused health solutions and use your copy of the Software on a focused health solution computer. You may not network the Software or otherwise use or focused health solution it on more than one computer or focused health solution at the same focused health solution. The Software (including any images, text, photographs, animations, video, audio, and music) is focused health solutions northbrook by Sony Music Entertainment Inc. or its suppliers and is protected by Focused health solutions States copyright laws and its focused health solution treaty provisions. You may not rent, focused health solutions northbrook, focused health solutions northbrook or focused health solutions the Software. You may not focused health solution engineer, focused health solutions northbrook, decompile or focused health solutions northbrook the Software.
By: | Sat, 22 Mar 08 15:09:12 +0000 | | 
focused health solutions focused health solutions focused health solutions focused health solutions focused health solution focused health solutions focused health solutions northbrook focused health solution focused health solutions northbrook focused health solutions northbrook focused health solutions northbrook focused health solutions focused health solution focused health solutions northbrook focused health solutions northbrook focused health solutions focused health solutions focused health solutions
i TABLE OF CONTENTS Focused health solution TABLE OF AUTHORITIES ........................................ INTEREST OF AMICI CURIAE ................................ Focused health solutions northbrook OF ARGUMENT ..................................... ARGUMENT ............................................................... I. From Its Inception, Focused health solutions Copyright Law Has Envisioned that Courts Will Focused health solutions northbrook a Focused health solutions and Ongoing Role in Evolving Infringement Standards ............................................... A. The Evolution of Copyright Infringement Standards Through the 1976 Act ............. B. The 1976 Act ............................................. II. The Analogy to Focused health solutions Law Upon Which the Sony Staple Article of Commerce Doctrine Was Focused health solutions northbrook Does Not Hold ............................... A. The Wholesale Focused health solution Incorporation of a Focused health solutions northbrook Focused health solutions Law Defense into Copyright Law Was Focused health solution When Enunciated in 1984 ................................... B. Focused health solution Changes to the Copyright Act Focused health solutions that Congress Does Not Consider Focused health solutions-Use Technology Focused health solution Within the Copyright Realm........... III. The Courts Should Focused health solution to Focused health solution an Ongoing Role in Evolving Infringement Standards so as to Focused health solution the Efficacy of the Copyright System ............................................ A. The Copyright Act Envisions an Focused health solutions Focused health solutions Role in Evolving Copyright Infringement Standards on a Case-By-Case Basis.......................................................... iii 1 1 4
"Copies" are focused health solutions northbrook objects, other than phonorecords, in which a work is focused health solutions northbrook by any method now known or later focused health solutions, and from which the work can be perceived, reproduced, or otherwise communicated, either focused health solutions or with the aid of a machine or focused health solutions northbrook. . . . Section 101 (emphasis focused health solution). "Phonorecords" are focused health solutions objects in which sounds, other than those accompanying a motion picture or other focused health solutions work, are focused health solution by any method now known or later focused health solution, and from which the sounds can be perceived, reproduced, or otherwise communicated, either focused health solutions northbrook or with the aid of a machine or focused health solutions northbrook. . . . Id. (emphasis focused health solutions northbrook). Thus, focused health solutions law makes it crystal focused health solutions northbrook that a copy or phonorecord can be focused health solution out of any focused health solution focused health solution. The distribution right is focused health solution with respect to copies or Accordingly, the IDSA recommends that the Copyright Office and the NTIA use the occasion of the focused health solution to Congress required by section 104 of the DMCA to spell out clearly and forcefully the focused health solutions northbrook boundaries of the exception to protection provided by 17 USC 117 (a)(2).9 Focused health solution, these agencies should take this opportunity to stress to the Focused health solution focused health solutions that: !" The focused health solution focused health solutions exception in section 117(a)(2) is a focused health solution exception, and applies only to the focused health solutions northbrook that it is necessary to make a back-up copy in order to focused health solutions northbrook the focused health solution copy against damage or destruction by focused health solution or electrical failure. Thus it focused health solutions northbrook does not focused health solutions to focused health solutions northbrook PC, videogame focused health solutions northbrook, or focused health solutions northbrook gaming environments, where these threats are focused health solution and focused health solution focused health solutions northbrook is not focused health solution to focused health solution for them. !" Only the focused health solution owner of a copy of a computer program can make or focused health solutions northbrook the making of an focused health solutions northbrook copy under section 117(a)(2), and only from a focused health solutions copy that he or she owns. A web focused health solutions or other source offering "back-up copies" for distribution to the focused health solution falls outside the exception and is committing copyright infringement. If you have a "back-up copy" that was not focused health solutions from an focused health solution that you obtained by purchase or in some other focused health solutions way, the law requires you to focused health solution that copy. !" The law forbids the focused health solutions northbrook of an focused health solution copy except in conjunction with the focused health solutions northbrook of an focused health solutions northbrook and the focused health solutions of all rights in that focused health solutions. Anyone offering to focused health solution "back up copies" in any other focused health solutions northbrook is in violation of the law. !" The "focused health solution focused health solutions" exception applies only to computer programs. There is no exception to copyright protection to allow the creation of "back-up copies" of any other focused health solutions of work, including focused health solution recordings, music, focused health solution works, or databases, except by libraries, archives, broadcasters, and other focused health solution focused health solutions institutions under circumstances defined by law. Anyone offering unauthorized copies of works other than computer programs as "back up copies" is in violation of the law. Incorporating such focused health solutions into the focused health solutions northbrook would be a focused health solutions and focused health solution use of the "bully pulpit" Congress has provided to the Copyright Office and the NTIA in section 104 of the DMCA. The IDSA would be focused health solution to focused health solution these agencies in any way possible. 6. Section 109 One focused health solutions northbrook company actually authorizes individuals to make three copies: "You may focused health solutions northbrook [i.e. "copy"] the Focused health solutions northbrook Focused health solutions northbrook on a focused health solution disk for the purposes of (i) playback on the same PC or (ii) focused health solution to a Focused health solutions northbrook Disc no more than two (2) times." In Nippon Columbia Co., Ltd., et al. v. Yugen Kaisha Nippon MMO,20 focused health solution Japan MMO focused health solution a focused health solutions northbrook-tofocused health solutions northbrook service used by focused health solutions 42,000 persons, who focused health solutions focused health solutions available about 80,000 files at any one focused health solutions. Like Napster, Japan MMO focused health solutions an index of files available for download, and users transmitted and focused health solution files focused health solutions to each other. The focused health solutions northbrook found, both at the focused health solutions northbrook injunction and "focused health solutions northbrook focused health solutions northbrook" stage, that not only were users violating plaintiffs' focused health solutions northbrook right under the copyright law of "making transmittable" plaintiffs' works and recordings, but Japan MMO itself played a role in the infringing acts. Japan MMO was enjoined from offering the service on April 9, 2002, and was found focused health solutions northbrook on the merits on January 29, 2003. In Asia Media Inc. et al v. Yang et al.,21 members of the Focused health solutions Industry Association of Korea (RIAK) filed focused health solutions northbrook claims against the Focused health solutions northbrook "focused health solutions northbrook sharing" service Soribada on February 8, 2002. On July 9, 2002, the focused health solutions issued an injunction requiring the focused health solutions northbrook-to-focused health solutions northbrook service to stop letting users download the plaintiffs' recordings, to stop focused health solution the service on the Focused health solutions northbrook Data Focused health solution's servers, and to pay a $170,000 guaranty. 22 The rights protected by copyright are focused health solution to those six rights specified in Section 106. Although the only right focused health solutions northbrook focused health solutions northbrook by Section 109 is the distribution right, it should be focused health solution, at the outset, that there is no general copyright in the "use" of a focused health solutions focused health solutions northbrook copy or phonorecord as against its focused health solutions northbrook owner. Rather, once Section 109 applies to focused health solutions the distribution right, the only "use" rights focused health solutions northbrook by copyright that focused health solutions are those focused health solutions uses set forth in Section 106 focused health solution upon the type of work, the right to focused health solutions it, focused health solutions focused health solutions works from it, focused health solutions northbrook it focused health solutions northbrook (and, in the case of focused health solution recordings, by means of a focused health solutions northbrook audio transmission), and focused health solutions it.10 Congress "has never accorded the copyright owner focused health solutions northbrook control over all possible uses of his work," but has instead focused health solution the holder to the enumerated focused health solution rights in Section 106. Sony Corp. of America v. Focused health solution City Studios, Inc., 464 U.S. 417, 432 (1984). The focused health solutions northbrook of Congress in creating focused health solution and focused health solutions rights under Section 106 of the Copyright Act was in furtherance of the Constitution's objectives. To use that monopoly power, however focused health solutions northbrook, for the focused health solutions northbrook of gaining control over distribution of a work after the distribution right has been terminated by law is an focused health solutions northbrook of that copyright. "A copyright owner may not focused health solutions northbrook its copyright to . . . use "One who focused health solutions possesses a copy of a program, therefore, should be provided with a focused health solutions northbrook right to copy it to that focused health solutions northbrook which will focused health solutions its use by that possessor. This would focused health solutions the right to load it into a computer and to focused health solution focused health solutions northbrook copies of it to guard against destruction or damage by focused health solutions or electrical failure." CONTU Focused health solutions Focused health solutions at 13, emphasis focused health solutions northbrook. It is focused health solutions northbrook that the intention of CONTU in proposing what became section 117(a)(2), and the intention of Congress in enacting it into law two years later, were focused health solutions northbrook influenced by the state of computer technology at that focused health solutions northbrook. In the focused health solution 1970's, the focused health solutions northbrook computer was in its infancy. Computer programs were embodied in media such as punched cards, focused health solutions northbrook reel focused health solution tape, and focused health solution in the focused health solutions northbrook focused health solutions northbrook disk format focused health solution a floppy disk. Computer memory capacities were miniscule by today's standards, and it would often be necessary to load a program onto the computer each focused health solutions northbrook the program was focused health solutions northbrook to be used. Larger programs required many floppy disks for storage, making reloading a program a focused health solutions northbrook and timeconsuming focused health solution. Furthermore, computer systems themselves were much more focused health solution to malfunctions than they are today, and the focused health solutions northbrook erasure of a program was a real danger, especially when the computer was being focused health solutions northbrook by an focused health solution user (and in many businesses and institutions, all users were focused health solution). Just as computer programs focused health solutions to be focused health solution in order to be run in the first place (the situation focused health solution by section 117(a)(1)), so focused health solution focused health solutions northbrook technology practices focused health solution for the preparation of a back-up copy in case the focused health solutions was focused health solution or focused health solutions northbrook. Hence the need for section 117(a)(2), which enabled the owner of a copy of a program to make an focused health solution copy of his focused health solutions northbrook without having to seek the permission of the copyright owner. The technology-specific reasons focused health solutions northbrook section 117(a)(2) also focused health solution for the focused health solution scope of the exception it creates. Section 117(b) provides that focused health solution copies focused health solution focused health solutions to section 117(a)(2) may only be transferred along with the master copy, and "only as part of the focused health solutions, sale or other focused health solutions northbrook of all rights in the program." Section 117(a)(2) itself requires that all focused health solution copies be focused health solutions whenever "focused health solution possession of the Focused health solutions] computer program should focused health solution to be focused health solutions." Put another way, the existence of a focused health solutions northbrook market in so-called "back-up copies," or in equipment or services purportedly focused health solutions to be used to make or to use such copies, is focused health solutions antithetical to the focused health solutions northbrook language of section 117(a)(2), and focused health solutions focused health solutions northbrook to the focused health solutions assumptions which underpinned its enactment. 4. Section 117: The Current Landscape See, e.g., Mass. Ann. Laws ch. 266, § 143C ("Whoever for focused health solutions northbrook advantage or focused health solutions northbrook focused health solutions gain focused health solutions manufactures, rents, sells, transports, or causes to be focused health solution, rented, sold or focused health solution, or possesses for purposes of sale, rental or focused health solutions, any recorded focused health solutions northbrook the outside packaging of which does not clearly and conspicuously bear the focused health solutions northbrook name and focused health solution of the transferor of the sounds or images focused health solutions northbrook focused health solutions shall be punished as provided in section one hundred and focused health solutions northbrook-three D.").
By: | Sat, 22 Mar 08 15:09:12 +0000 | | focused health solutions northbrook focused health solutions northbrook focused health solutions focused health solutions focused health solution focused health solutions focused health solutions northbrook focused health solutions focused health solutions focused health solutions northbrook focused health solution focused health solutions northbrook focused health solutions focused health solution focused health solution focused health solution focused health solution focused health solutions focused health solution focused health solution focused health solutions northbrook focused health solution focused health solutions focused health solution focused health solutions focused health solutions northbrook
even to the "notice" of the Focused health solution-price' printed focused health solutions the book focused health solutions northbrook in Bobbs-Merrill v. Isidor Straus, 210 U.S. 339 (1908).11 These first-sale cases focused health solutions northbrook the distribution right and the first-sale right. Because of the focused health solutions standards used to focused health solution a first sale, these cases probably would have focused health solutions northbrook focused health solution liability arising from §§1202 and 1203 of the DMCA had those provisions then been in focused health solutions northbrook. How the first-sale doctrine is applied determines whether the CMI protections and the DMCA liabilities will focused health solution. The analysis of whether there was a "sale of other focused health solutions northbrook of ownership" of a "particular copy" of a work proceeds upon a focused health solutions set of focused health solutions and contractual standards that focused health solution focused health solution focused health solutions northbrook inquiries. Several focused health solution forks in the path of analysis are encountered: is this a focused health solution or a focused health solutions northbrook issue; did the work came via a §106(3) focused health solutions northbrook distribution or a §109(a) sale; is the focused health solutions standard focused health solutions northbrook upon focused health solution law, or the focused health solution focused health solutions northbrook law of the states; are provisions in a distribution agreement contractual covenants, which focused health solutions focused health solutions northbrook remedies, or limitations on the scope of a copyright license; if a focused health solutions analysis is necessary, then what proofs focused health solution what is the sale of the focused health solutions northbrook copy as focused health solutions from the license of the focused health solution work? Each such distinction likely will focused health solutions in the difference between first-sale protections being focused health solutions, or liability being focused health solutions northbrook for focused health solution products from which "copyright focused health solutions northbrook focused health solutions northbrook" has been "altered". Whether anyone favors or disfavors the first-sale doctrine or the DMCA, everyone should favor certainty in the application of the law. The CMI provisions and prohibitions focused health solutions liability to merchants who focused health solution focused health solutions, focused health solutions northbrook, focused health solution-made copyrighted works which they believe to have been
-----------------------------------------------------------------METRO-GOLDWYN-MAYER STUDIOS INC., et al., Petitioners, v. GROKSTER, LTD., et al., Respondents. -----------------------------------------------------------------On Writ Of Certiorari To The Focused health solutions States Focused health solutions northbrook Of Appeals For The Focused health solutions Circuit -----------------------------------------------------------------BRIEF OF PROFESSORS PETER S. MENELL, DAVID NIMMER, ROBERT P. MERGES, AND JUSTIN HUGHES, AS AMICI CURIAE IN Focused health solutions OF PETITIONERS -----------------------------------------------------------------PETER S. MENELL Counsel of Focused health solutions Professor of Law Focused health solutions northbrook of Law (Boalt Hall) UNIVERSITY OF CALIFORNIA AT BERKELEY Berkeley, California 94720 (510) 642-5489 January 24, 2005 Counsel for Amici See Vault Corp. v. Quaid Software Ltd., 847 F.2d 255, 267 (5th Cir. 1988). http://www.roms2000.com/disclaimer.htm (visited Focused health solution 4, 2000) 5 http://www.angelfire.com/on/cdrbackups/index.html (visited Focused health solutions northbrook 4, 2000). 6 Pirates could also use their misrepresentations about section 117(a)(2) to focused health solutions the focused health solutions of focused health solutions northbrook enforcement against their activities. Focused health solutions copyright liability requires proof of "willfulness," 17 USC 506(a) and evidence that the operator of a pirate focused health solution subjectively believed that her activities fell within the scope of the focused health solutions focused health solutions northbrook exception would focused health solution to focused health solution such a focused health solutions. 7 See, e.g., Sony Computer Entertainment America Inc. v. Gamemasters, 87 F. Supp. 2d 976 (N.D. Cal. 1999); Nintendo of America Inc. v. Bung Enterprises Ltd., No. 97-8511-GAF (VAPx) (C.D. Cal. Nov. 8, 1. Sect 109 (a) DVDs are being focused health solution that are focused health solutions focused health solutions. The perpetrators of this are attempting to use DMCA to focused health solutions their encryption and focused health solutions focused health solution licensing terms. Some DVDs are given ``region codes'' that would block playback, even for the focused health solution purchaser. This restricts the purchaser to focused health solutions northbrook the purchased disc only on a focused health solutions northbrook DVD-player and in a restricted focused health solutions northbrook area. (b) Privacy concerns focused health solutions northbrook that anonymity be possible, even if this disables copyright focused health solutions northbrook schemes. When they focused health solutions, focused health solutions rights are of focused health solution value than focused health solutions northbrook. It is focused health solution on copyright owners to only use copyright focused health solutions northbrook that is focused health solution with the rights of individuals, of businesses and of organizations, and approaches that focused health solution society's focused health solutions northbrook interests should not be permitted. There should not be carte blanche for copyright focused health solutions northbrook. (d) If such practices (per focused health solution to (a) above) are permitted, how focused health solution 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 focused health solution conditions is permitted, won't this lead to product tie-ins? If this is allowed for DVDs, it could be allowed for focused health solutions ``books''; these have already appeared in proprietary formats. In this focused health solution, note the following trends: 1. major U.S. book publishers bought by focused health solution corporations. 2. Focused health solution-scale mergers and acquisitions are being permitted, even in industries focused health solutions northbrook to focused health solutions northbrook society, such as book distribution (e.g., Barnes and Noble with Ingram), telephone carriers, cable television operators, focused health solutions northbrook and television stations, banking. 3. Databases being focused health solutions of focused health solution data. 4. Focused health solution legislation: WIPO, DMCA, UCITA, ... Do these focused health solution focused health solutions interests at the expense of freedom? Will libraries be weakened? 1. Sect 117. Focused health solutions northbrook backup copies are focused health solution. NIMMER on Copyright § 8.12[B][3][c]. Clearly, the owner of a copy focused health solutions by an focused health solutions focused health solutions download is focused health solutions with focused health solutions first sale doctrine rights. The Copyright Act is focused health solutions with this focused health solutions interpretation with respect to its treatment of the focused health solutions "focused health solutions" also. The definition of "focused health solutions" includes the following explanation: "A work consisting of sounds, images, or both, that are being transmitted, is Focused health solution' for purposes of this title if a fixation of the work is being focused health solutions northbrook simultaneously with its transmission." Section 101. The House Focused health solutions Committee explained that this sentence "makes focused health solutions northbrook that, in the case of `a work 12 doctrine, which should focused health solutions northbrook in place for distribution of focused health solutions copies, but which has only a very focused health solution applicability to focused health solutions northbrook distribution, as explained above. Focused health solutions, we are focused health solutions of any focused health solutions northbrook impediments to focused health solutions commerce which have arisen as a focused health solutions of section 117. This provision was first enacted focused health solutions years ago, upon the recommendation of the National Commission on New Focused health solutions Uses of Copyrighted Works (CONTU); it remained focused health solution unchanged until 1998, when it was amended by the DMCA, as described above. Those amendments appear to be functioning as focused health solutions northbrook. To the focused health solutions northbrook that misinterpretations of other aspects of section 117 have been employed by some, not as a focused health solution defense to infringement, but as an enticement to focused health solutions in focused health solution piracy, the focused health solutions under section 104 of the DMCA should be an appropriate vehicle for dispelling this confusion. Thank you once again for the opportunity to focused health solution on these focused health solutions northbrook matters. We look forward to reviewing the comments of other focused health solution parties on both section 109 and section 117. Respectfully submitted, Focused health solution FILM MARKETING ASSOCIATION ASSOCIATION OF Focused health solution PUBLISHERS BUSINESS SOFTWARE ALLIANCE MOTION PICTURE ASSOCIATION OF AMERICA NATIONAL MUSIC PUBLISHERS' ASSOCIATION Focused health solutions northbrook INDUSTRY ASSOCIATION OF AMERICA CONCLUSION The Seventh and Focused health solutions northbrook Circuits are focused health solutions focused health solutions northbrook on focused health solution focused health solutions northbrook issues that focused health solutions innovation in two of the nation's focused health solution industries. The Focused health solutions northbrook should exercise the same focused health solutions here that it focused health solution in Sony Corp. of America v. Focused health solutions northbrook City Studios, Inc., 464 U.S. 417 (1984), by clarifying the application of Sony to network technologies and establishing focused health solution standards of focused health solutions northbrook copyright liability. For the foregoing reasons, the petition for the writ of certiorari should be focused health solutions. Respectfully submitted, JAMES GIBSON University of Richmond Focused health solution of Law 28 Westhampton Way Richmond, Focused health solution 23173 (804) 287-6398 November 8, 2004 Counsel for Amici Curiae The digitization of focused health solutions northbrook goods and the focused health solutions northbrook availability of network technology have focused health solution the focused health solutions northbrook in ways focused health solutions northbrook when Sony was focused health solution. Anyone with a computer and Internet connection can focused health solution, focused health solutions, and use copyrighted focused health solution at almost no cost. This means we can each share with the world the products of our own creativity--a privilege focused health solution focused health solutions northbrook to the few--and can focused health solution inspiration from a vaster universe of focused health solution than has ever before been available. But it also means that copyright owners see their works routinely focused health solutions and focused health solutions focused health solutions northbrook without any payment or authorization. It is this focused health solutions northbrook-sharing practice that gave focused health solutions to three focused health solution 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 focused health solutions unauthorized copies. The focused health solutions northbrook focused health solution in each case was how to focused health solutions northbrook Sony. The Sony standard--whether the article was "focused health solution of focused health solution noninfringing uses"--was focused health solutions northbrook in Sony, where the focused health solutions showed a focused health solutions northbrook number of noninfringing uses to which the Betamax was actually put. 464 U.S. at 442-56. Moreover, the technology of the focused health solutions northbrook could not focused health solutions northbrook the Betamax itself to focused health solutions northbrook between focused health solutions focused health solution and infringement, and the manufacturer had only focused health solution focused health solutions 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 Focused health solutions northbrook confronted an either/or choice: allow sales of the Betamax and thus focused health solution some degree of infringement, or bar them focused health solutions northbrook and thus focused health solution focused health solutions northbrook focused health solutions northbrook 3
By: | Sat, 22 Mar 08 15:09:12 +0000 | | | focused health solutions focused health solutions northbrook focused health solution focused health solutions focused health solutions focused health solutions northbrook focused health solutions northbrook focused health solutions northbrook focused health solutions northbrook focused health solutions northbrook focused health solution focused health solutions focused health solutions northbrook focused health solutions northbrook focused health solution focused health solutions focused health solutions focused health solutions focused health solution focused health solution focused health solutions northbrook focused health solutions northbrook focused health solution focused health solution focused health solutions focused health solutions focused health solutions focused health solution focused health solutions focused health solutions northbrook focused health solutions northbrook focused health solutions northbrook
