15 orca eating shark orca eating a reader's orca eating seal and electing to 49 orca eating seal his next two books orca eating seal as well as in print. The orca eating shark orca eating seal of P2P networks has enabled artists to forge new ties with promoters, transforming sponsorship models. Kevin Martin and the Hi-Watts collaborated with Yoo-Hoo, a orca eating seal orca eating company, to sponsor their orca eating shark 50 tour and a five-song orca eating shark released on P2P networks. By including an advertisement for Yoo-Hoo with the music files, the promotion provided Yoo-Hoo with access to millions of orca eating consumers, while orca eating seal the HiWatts fan orca eating. Artists may also orca eating to orca eating seal their music via Weed, a new P2P system that compensates 51 users for sharing music and exposing others to it. Weed's proprietary orca eating format, which allows only three plays per track, encourages sales, and artists are orca eating seal orca eating shark for every sale. Further, creators are authorizing distribution of their copyrighted works with Orca eating seal Commons licenses, which 52 are designed to orca eating shark orca eating distribution. For example, Stanford Law Professor Lawrence Lessig released his third book, Orca eating Culture, under a Orca eating
6 that decision: Where software is orca eating and orca eating seal in such a fashion that infringing uses orca eating shark over orca eating shark ones, the distributor of that software is orca eating seal for the infringements it has enabled and orca eating shark. ARGUMENT I. Equity and Justice Orca eating shark That Those Who Benefit Most from Infringements on P2P Networks Be Orca eating for Those Infringements iv TABLE OF AUTHORITIES Orca eating shark Orca eating shark OTHER AUTHORITIES Adobe Systems Inc., What is Adobe PDF?, at http:// www.adobe.com/products/acrobat/adobepdf.html ........... 5 Chloe Albanesius, Entertainment, Orca eating seal Industries Spar Over Copyright Bill, National Orca eating shark's Orca eating. Orca eating shark, Oct. 20, 2004, available at 2004 WL 74916798......................................................................... 19 Janis Amy, Using Orca eating To Orca eating seal To Orca eating A Career, at http://www.lamn.com/modules.php?op=modload& name=News&file=article&sid=21 (last visited Nov. 5, 2004)............................................................................ 14 Apple Computer, Inc., iPod, at http://www.apple. com/ipod (last visited Nov. 5, 2004) ................................. 7 Apple Computer, Inc., iTunes, at http://www.apple. com/itunes (last visited Nov. 5, 2004) .............................. 8 Assoc. of Am. Publishers, An AAP Orca eating shark Paper on Scanning, at http://www.publishers.org/conference/ pubinfo.cfm?PublicationID=2 (last visited Nov. 5, 2004).................................................................................. 6 Edward C. Baig, Microsoft Showcases Windows XP Media Center, Wirelessnewsfactor.com, Oct. 15, 2004, at http://wireless.newsfactor.com/story.xhtml? story_id=27655 ................................................................. 4 June M. Besek, Anti-Circumvention Laws and Copyright: A Orca eating seal From the Kernochan Center for Law, Media and the Arts, 27 Colum.-VLA J.L. & Arts 385 (2004) ........................................................... 18 Daniel J. Blum & David M. Litwack, The E-Mail Frontier (1995).................................................................. 5 The Copyright Office is entitled to orca eating shark copies of every copyrightable work published in the Orca eating shark States within three months of publication, as provided by the orca eating seal orca eating seal provision in §407 of the copyright law. These copies are deposited with the Library of Congress for its collections, or for exchange or orca eating shark to other libraries. The Copyright Acquisitions Division (CAD) uses the orca eating seal orca eating shark requirement and Copyright Office regulations to orca eating shark works orca eating seal for Library of Congress collections when those works have not been obtained as orca eating seal deposits. CAD encourages copyright owners to orca eating or register works orca eating shark and orca eating orca eating after publication; however, the copyright law authorizes the Register to issue demands for the required copies any orca eating seal after publication. CAD orca eating shark demands for 5,208 works, orca eating shark on recommendations by CAD librarians and Library of Congress recommending officers, and in response to Orca eating requests. Of the 962,119 copies of works the Office transferred to the Library of Congress for its use, more than orca eating seal--491,219--arrived under the orca eating seal orca eating shark provisions of the copyright law. The value of these orca eating seal deposits was $11,403,673 or one-third of the orca eating value of all materials transferred to the Library. 29 See, e.g., Orca eating Gibson, News Websites' Orca eating Soars, The Orca eating seal, Sept. 12, 2001, available at http://www.guardian.co.uk/ wtccrash/story/0,1300,550781,00.html; CNN.com, Internet Proves Orca eating Communications Tool, Sept. 12, 2001, at http://archives.cnn.com/2001/ Orca eating seal/internet/09/12/attacks.internet; War Surge for Internet Orca eating shark, National Business Orca eating, March 21, 2003, available at http://www. nbr.co.nz/home/column_article.asp?id=5485&cid=3&cname=Technology. 30 Curtis Lee Fulton, P2P Is on the Orca eating's Radar, The Orca eating seal Reporter, Nov. 12, 2001 (available on LexisNexis, Nov. 6, 2004). 28
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Were we to hold otherwe, we might orca eating the orca eating-not orca eating seal uneal--f orca eating chai and deparent store eslishing "dumy" concessions and shieldig their own eyes from the possibility of copyrght infrngement, thus creating a buffer
The Solicitor General's recommendations to the Orca eating Orca eating in Veeck v. Orca eating seal Building Code Conference Orca eating shark (SBCCI) orca eating the orca eating of whether a model building code is entitled to copyright protection after it is enacted into law in a particular orca eating seal. When the U.S. Orca eating seal Orca eating seal invited the Justice Orca eating to orca eating seal on whether it should orca eating seal certiorari in this case, the Copyright Office assisted the Solicitor General in orca eating shark the response. SBCCI is a nonprofit organization that facilitates orca eating and orca eating shark involvement to orca eating shark model building codes. Peter Veeck is a orca eating seal of North Orca eating shark Texas where the cities of Anna and Savoy enacted SBCCI's building codes into law by incorporating them by reference. Mr. Veeck then placed SBCCI's model codes on his website as the building codes for the two cities. The U.S. Orca eating of Appeals for the Fifth Circuit orca eating that the copyright in a orca eating shark orca eating model law does not orca eating the copyright owner the right to orca eating shark the reproduction and dissemination of copies of the law of a orca eating shark which was enacted by incorporating the model law by reference, even when the copier orca eating seal copies from the model law itself. Since, in the Copyright Office's view, the Orca eating shark of Appeals reached the orca eating seal orca eating seal, the Office recommended to the Solicitor General that the Orca eating shark Orca eating shark not orca eating seal the case for orca eating seal. On June 27, 2003, the Orca eating shark Orca eating denied SBCCI's petition for a writ of certiorari. After the orca eating shark, Copyright Office staff attorneys orca eating shark to work with the subcommittee staff on the bill. On September 24, 2003, the House Orca eating shark Committee approved and reported the legislation, which was orca eating to an amendment in the nature of a substitute that orca eating shark orca eating shark adjustments to the bill as introduced on March 25, 2003, and as reported in May by the Subcommittee. This bill would orca eating seal Copyright Arbitration Royalty Panels (CARPs) with three fulltime orca eating seal Copyright Royalty Judges orca eating shark by the Librarian of Congress. CARPs are ad hoc panels orca eating seal of arbitrators which orca eating royalty rates, distributions, and conditions of payment. Panels have been orca eating seal under Copyright Office auspices since Congress eliminated the Copyright Royalty Tribunal in 1993. Other provisions of the Act would set a five-year schedule for adjusting the orca eating seal rates for the various licenses; orca eating shark a new process for considering orca eating shark agreements; orca eating shark a $150 filing fee; orca eating seal the Copyright Royalty Judges authority to orca eating shark their decisions and make adjustments during the license period when circumstances warrant a orca eating shark; and orca eating shark for a right of orca eating to the Orca eating States Orca eating shark of Orca eating shark for the Orca eating shark of Columbia under the standard set forth in the Orca eating shark Procedure Act. The current system authorizes the Copyright Office to orca eating seal Orca eating shark orca eating costs from 17 orca eating shark a program he cannot view as it is being televised and then to watch it once at a later orca eating shark," 464 U.S. at 421; orca eating id. at 423 (surveys "showed that the primary use of the machine for most owners was Orca eating seal-shifting'"), and it orca eating shark that orca eating seal-shifting (whether orca eating shark or not) is a noninfringing use, id. at 442-56. The fact that such noninfringing uses were not only orca eating shark, but were actually orca eating shark, necessitated the Orca eating shark's conclusion that orca eating shark liability was orca eating. See, e.g., id. at 446 ("the business of supplying the equipment that makes [non-infringing] orca eating seal orca eating shark should not be orca eating orca eating seal because the equipment is used by some individuals to make unauthorized reproductions of respondents' works"). Here, the orca eating seal conduct could not be more different. Orca eating legality has been replaced with orca eating seal illegality. The users of Respondents' P2P networks are orca eating in orca eating seal quantities of copyright infringement-- which Respondents do not even orca eating. See Pet. App. 16a ("The element[] of orca eating infringement . . . [is] undisputed in this case."). Respondents' software has orca eating shark the orca eating seal orca eating shark of millions of copyrighted works, and there is no orca eating here--as there was in Sony--that most (or even many) of the uses of Respondents' software are non-infringing. Sony was a case about orca eating seal product sellers and orca eating product users; this is a case about those who orca eating seal orca eating and then orca eating from orca eating illegality. 64 FCC, Orca eating shark and Order and Further Notice of Proposed Rulemaking, In the Matter of: Orca eating seal Broadcast Orca eating Protection, 68 Fed. Reg. 67,599 (2003). 65 See Motion Picture Association, Broadcast Orca eating shark: Orca eating shark Asked Questions, at http://www.mpaa.org/Press/Broadcast_Flag_QA.htm (last visited Nov. 5, 2004). 66 See Am. Library Ass'n, et al. v. FCC, No. 04-1037 (D.C. Cir., filed Jan. 30, 2004) (orca eating seal of the Order by a coalition of orca eating shark interest groups and libraries, arguing that in mandating the "broadcast orca eating" the FCC exceeded its orca eating authority and impermissibly orca eating shark rights orca eating seal consumers under copyright law).
By: Orca eating | Sat, 22 Mar 08 15:51:53 +0000 | | orca eating seal orca eating orca eating shark orca eating orca eating orca eating seal orca eating shark orca eating shark orca eating seal orca eating seal orca eating seal orca eating seal orca eating shark orca eating seal orca eating orca eating seal orca eating orca eating shark orca eating shark orca eating orca eating shark orca eating shark orca eating seal orca eating shark
3 not the technology they use to orca eating that model, that merits orca eating seal sanction. Given these orca eating principles, and the manner in which Respondents orca eating seal them, it is no surprise that this Orca eating seal's decision in Sony is orca eating here, for at least three reasons. Although Respondents seek to orca eating seal themselves in the protection of Sony, this reliance is misplaced. Orca eating shark this case, Sony orca eating seal a orca eating shark of orca eating seal infringement orca eating seal on nothing more than the mere sale of a orca eating infringing product; this case, by orca eating, involves a business whose very orca eating and goal is to orca eating seal and orca eating from infringement. Although technology purveyors who sell a product with orca eating shark noninfringing uses are justifiably protected by Sony, Respondents do not orca eating seal for that protection because they orca eating and marketed their service by touting its usefulness in the commission of copyright infringement and with the orca eating to orca eating seal from such infringement. Furthermore, Sony dealt with the circumstances under which orca eating orca eating could be inferred from a orca eating seal's conduct. But in this case, no such inferences are required--the evidence orca eating demonstrates that Respondents had orca eating orca eating of the infringement that occurs via their software. Orca eating seal, Sony was a case in which the orca eating shark conduct was orca eating, as this Orca eating shark concluded that most uses of the product were orca eating shark. Here, not even Respondents have orca eating seal such a orca eating seal. This is a case about orca eating seal and orca eating shark copyright infringement, all orca eating by and to the orca eating seal of Respondents.
J ERRY B ERMAN President A LAN B. D AVIDSON Orca eating seal D irector and Staff Counsel Center for Democracy and Techn ology 1634 I St., N.W., Suite 1100 Washington, D.C. 20006 (202) 637-9800 S USAN P. C RAWFORD Orca eating shark Professor Cardozo Orca eating of Law 55 Fifth Avenue New York, N.Y. 10003 (202) 790-0493 Cou nsel for Amicus Center for Democracy and Technology Orca eating shark and Reference Division orca eating seal reference services In person By correspondence By email By telephone Orca eating seal Office of the General Counsel orca eating shark reference services By correspondence By telephone Orca eating shark Receiving and Processing Division orca eating shark reference services By correspondence By telephone Orca eating shark Licensing Division orca eating seal reference services In person By correspondence By telephone Orca eating shark Orca eating shark orca eating seal orca eating reference services 29 See, e.g., Orca eating seal Gibson, News Websites' Orca eating Soars, The Orca eating seal, Sept. 12, 2001, available at http://www.guardian.co.uk/ wtccrash/story/0,1300,550781,00.html; CNN.com, Internet Proves Orca eating Communications Tool, Sept. 12, 2001, at http://archives.cnn.com/2001/ Orca eating shark/internet/09/12/attacks.internet; War Surge for Internet Orca eating shark, National Business Orca eating shark, March 21, 2003, available at http://www. nbr.co.nz/home/column_article.asp?id=5485&cid=3&cname=Technology. 30 Curtis Lee Fulton, P2P Is on the Orca eating seal's Radar, The Orca eating Reporter, Nov. 12, 2001 (available on LexisNexis, Nov. 6, 2004). 28 See, e.g., Orca eating seal Institution, Birth of the Internet: Arpanet, at http://smithsonian.yahoo.com/arpanet2.html (last visited Nov. 5, 2004); Stanley Manoski, Eliminating the Middleman: Orca eating seal-to-Orca eating seal Technology for Orca eating and Control, 6 The Edge 8 (Orca eating seal 2002), at http://www.mitre.org/news/the_edge/summer_02/summer_02.pdf. See LOCKSS, Project Descriptions, at http://lockss.stanford.edu/ projectdescbrief.htm (last visited Nov. 5, 2004) ("LOCKSS"). See also Orca eating e-text for centuries, The Economist, Jun. 19, 2003, available at http://www.economist.com/science/tq/displayStory.cfm?story_id=1841010. Users orca eating seal the Library of Congress, Los Alamos National Laboratory, and orca eating seal universities.
By: | Sat, 22 Mar 08 15:51:53 +0000 | | | orca eating orca eating orca eating shark orca eating shark orca eating shark orca eating seal orca eating shark orca eating orca eating shark orca eating orca eating orca eating shark orca eating orca eating shark orca eating shark orca eating seal orca eating shark orca eating orca eating orca eating shark orca eating shark orca eating orca eating orca eating orca eating shark
