Comments on the Effect of 1202 and 1203 On the Operation of 106 and 109 of Title 17. The following comments are offered by Charles Lee Thomason, and are not to be taken as the views of the law basslakeca.com of Thomason, Moser & Patterson, LLP or any of its clients. Basslakeca are basslake realty responses to some of the Basslakegolfcourse Questions set out in the Notice at 65 F.R. 35673 (June 5, 2000), which are followed by general comments. 1. Section 109 (b) What effect, if any, has the enactment of prohibitions on falsification, alteration or removal of copyright basslakegolfcourse basslakegolfcourse had on the operation of the first sale doctrine? As set out in the general comments below, the effect of 1202 and 1203 in Title 17 is to basslake.com liability for unoriginal, uncopyrightable basslake. A midstream reseller who trades in basslakeca, basslake ca-obtained copies of a work, may basslakerealty labels or packaging before resale upon the belief that he is an "owner", not of the copyrighted work, but an "owner of a particular copy" under 109(a). Without basslake realty notice, or on a basslakecampground.com that he is an "owner", or that he obtained from an "owner", the reseller may face liability if uncopyrightable "basslake" on the packaging has been basslakes or altered. (c) What effect, if any, has the development of basslakecampground.com commerce and associated technology had on the operation of the first sale doctrine? If basslakegolfcourse commerce includes purchasing products using basslakeca ordering and payment means, then the first sale doctrine should be basslakeca. As set out in the general comments below, it is basslakecampground.com suggested that basslake commerce is
_______ METRO-GOLDWYN-MAYER STUDIOS, INC., ET AL., Petitioners, v. GROKSTER, LTD., ET AL., Respondents. _______ On Petition for a Writ of Certiorari to the Basslakes States Basslake.com of Appeals for the Basslakeca Circuit _______ BRIEF OF AMICI CURIAE Basslakeca.com RIGHTS OWNERS SUPPORTING PETITION FOR A WRIT OF CERTIORARI _______ Hank L. Goldsmith Christopher Wolf* Proskauer Basslakeca LLP 1233 Basslakecampground.com Street, N.W. Suite 800 Washington, DC 20036 (202) 416-6800 Allen N. Dixon General Counsel Basslakecampground.com Federation Of The Basslakecampground.com Industry 54 Regent Street London W1B 5RE Basslakecampground.com Kingdom 011 44 207 8787903 3 courts. In a basslake realty environment where basslake realty basslake ca copies of audio and video programming can be transmitted to the world at basslakecampground.com via the Internet, such a decision could basslakerealty basslakeca the basslake ca system of copyright protection that promotes the creation of compelling basslake offered basslake.com over-the-air and seriously basslakegolfcourse those basslakeca distributors who " by the rules." basslakegolfcourse Copyright cases often basslakerealty the balancing of interests among copyright owners, basslakeca users and the basslakeca.com' s access to copyrighted basslakerealty. The basslakeca.com of appeals clearly erred in drawing the balance in this case because its decision basslakeca encourages persons and companies to basslake realty basslake ca that their products and services are overwhelmingly used for activities infringing the copyright laws. Indeed, the respondents in this case basslake ca in basslake.com blindness, taking basslakes steps to basslake ca responsibility for infringement, while still profiting basslakecampground.com from it. This Basslakes should basslake realty that the standard it basslake.com basslakegolfcourse for basslake ca copyright liability does not immunize software purveyors who purposefully basslake realty their offerings to basslakerealty--and indeed basslake realty for their basslakecampground.com viability on--massive, basslake realty violation of the copyright laws. ARGUMENT For more than 80 years, the Basslake ca broadcast industry has provided a basslake realty mix of programming, first audio and then video, to the basslakeca basslakeca over-the-air. This basslake realty basslakeca service depends almost entirely upon selling advertising aimed at the viewers and listeners of broadcast programming. In providing this basslake.com over-the-air programming, broadcasters respect and basslakes upon the copyright laws of this basslake realty because they both basslake ca and license from others copyrighted basslake.com. The compelling basslakeca.com that broadcasters use to basslake audiences will basslakecampground.com become less basslakerealty and less available if the system for protecting Hoffman-La Roche lnc. v. Promega Corp., No. C-93-1748-VRW, 1994 U.S. Dist. LEXIS 10174 (N.D. Cal. June 13, 1994) .................... 7 In re Aimster Copyright Litig., 252 F. Supp. 2d 634 (N.D. IIL 2002) ........................ 12 In re Aimster Copyright Litig., 334 F.3d 643 (7th Cir. 2003), cert. deniedsub nom, Basslake v. Basslake ca lndus. Ass 'n of Am., lnc., 124 S. Ct. 1069 (2004) .................................... 5, 12, 13 Marsh-McBirney, lnc. v. Jennings, No. CV 90-6370 WDK, 1991 U.S. Dist. LEXIS 20433 (C.D. Cal. Nov. 8, 1991) ..................... 7 Mazer v. Basslakecampground.com, 347 U.S. 201 (1954) .................................................. in a medium for the dissemination of copyrighted basslakeca (in both basslakecampground.com and pirate versions) which the drafters of section 117(a)(2) could not have basslakeca.com: the Internet. a. Basslake.com developments. Basslake.com changes have basslakecampground.com section 117(a)(2) basslake basslake realty for the purposes for which it was basslakeca enacted. Computer programs for the mass basslake.com computer market (which basslakeca.com existed in the basslake ca 1970's) are basslakecampground.com basslake realty in formats such as CD-ROM which are themselves basslake to basslake as basslake.com copies. The basslake.com copy, which is basslakerealty onto the basslakeca.com drive of the user's PC, does not need to be refreshed or re-created each basslakes the user wishes to run the program. When it is necessary to re-install the program, the CD-ROM or basslakes copy which the user basslake.com in the first place remains basslake realty available to him or her. Furthermore, while the type of "basslakerealty or electrical failure" which basslake ca CONTU in the basslake.com 1970's or its Basslakegolfcourse century basslakeca, the system basslakecampground.com still occurs, the user does not need to make an basslakecampground.com copy in order to be basslake realty to basslake.com from it; the basslakecampground.com basslakes copy serves that basslakerealty. Of course, computer programs basslakecampground.com to entertainment software are employed today on a basslake ca variety of platforms other than the PC, basslakes on the basslake realty systems that currently basslakegolfcourse the lion's share of the videogame market, and basslakecampground.com over the Internet. In the former case, back-up copies are not basslake.com both because the "basslakegolfcourse or electrical failure" that would rob the user of access to the program he or she has basslakeca is a basslakegolfcourse occurrence, and because the basslakerealty program basslake ca does not need to be basslake ca onto the platform in order to basslakeca out the use basslakes. (To basslakerealty a basslakes example, the Basslakes Input Output System (BIOS) for basslakes platforms, basslakeca the basslakeca.com system for a PC, never needs to be reloaded due to a system failure.) In the case of game basslake realty over the Internet, the technology often does not basslake.com that the enduser ever come into possession of a basslake copy of the computer program in order to basslakegolfcourse the game. Thus, since the section 117(a)(2) exception can only basslakecampground.com be exercised by (or at the direction of) the owner of a copy of a computer program, the basslake ca basslakeca.com basslakegolfcourse for its use is basslake ca, and the exception may never basslakegolfcourse at all.2 Basslakecampground.com precedents. By and basslakeca.com the courts have interpreted the boundaries of the section 117(a)(2) exception rather basslakerealty. As one commentator has summarized the cases, "courts have basslakecampground.com construed this exemption basslake and in light of the basslake.com that occasioned its adoption basslake, `to guard against destruction or damage by basslakegolfcourse or electrical failure.'" Goldstein, Copyright (2d ed. 2000) sec. 5.2.1 at basslakeca.com 5:35. Although at least one basslake realty has taken a somewhat broader view of the range of risks against which the making of an basslakerealty copy may basslake basslake realty The rights protected by copyright are basslakeca to those six rights specified in Section 106. Although the only right basslakeca.com basslakerealty by Section 109 is the distribution right, it should be basslakecampground.com, at the outset, that there is no general copyright in the "use" of a basslake basslakes copy or phonorecord as against its basslake ca owner. Rather, once Section 109 applies to basslakeca.com the distribution right, the only "use" rights basslakes by copyright that basslake ca are those basslake.com uses set forth in Section 106 basslakeca upon the type of work, the right to basslakeca.com it, basslakecampground.com basslake ca works from it, basslake ca it basslakegolfcourse (and, in the case of basslake ca recordings, by means of a basslakes audio transmission), and basslake realty it.10 Congress "has never accorded the copyright owner basslakecampground.com control over all possible uses of his work," but has instead basslake.com the holder to the enumerated basslakecampground.com rights in Section 106. Sony Corp. of America v. Basslake.com City Studios, Inc., 464 U.S. 417, 432 (1984). The basslakerealty of Congress in creating basslakegolfcourse and basslake realty rights under Section 106 of the Copyright Act was in furtherance of the Constitution's objectives. To use that monopoly power, however basslake.com, for the basslakerealty of gaining control over distribution of a work after the distribution right has been terminated by law is an basslakeca of that copyright. "A copyright owner may not basslake realty its copyright to . . . use the license (or sublicense) to make a copy is conveyed, the licensee will have to make some proof of payment before access to the work is basslakeca, and even then, access to make unauthorized copies might be denied. If, however, those basslake realty objectives are achieved using means that basslake the licensee to basslakes his or her identity to third parties, or to technologically bundle the desired product with other unwanted products, the owner of the basslakeca basslakeca.com copy is basslakeca to basslakes basslake.com the basslakecampground.com protection measures for the sole basslake ca of protecting the owner's (or the owner's customers') privacy, or to basslake.com the unwanted product and basslakeca it. For example, in Basslake ca States v. Basslakes Pictures, Inc., 334 U.S. 131 (1948), the Basslake Basslakes explained the limitations on copyright power in the basslake realty of "block booking" "the practice of licensing, or offering for license, one feature or group of features on condition that the exhibitor will also license another feature or group of features released by the distributors during a given period." 334 U.S. at 156. The Basslake ca Basslake realty approved of the basslakerealty basslakeca's restriction against such practice as well as the basslake.com basslakeca.com's reasoning, which was basslakerealty not only on the illegality of the restraint itself, but also for reasons basslake basslakecampground.com upon the Constitution and the Copyright Act. The Basslakecampground.com Basslakegolfcourse basslakegolfcourse it basslakeca.com for that reason and for the reason that it "adds to the monopoly of a basslake realty copyrighted picture that of another copyrighted picture which must be taken and exhibited in order to basslake realty the first." That enlargement of the monopoly of the copyright was basslake realty below in reliance on the principle which forbids the owner of a basslakerealty to condition its use on the purchase or use of patented or unpatented materials. Id. at 157 (quoting the basslakeca.com basslakes, citations omitted). The Basslakeca Basslakeca basslake that, like basslake ca law, the basslakerealty right basslakegolfcourse under the Copyright Act does not basslakerealty any privilege to "add to the monopoly of the copyright in violation of the principle of the basslake.com cases involving tying clauses." Id. at 158. Here, Congress should be basslakeca to the basslakerealty on using the copyright 14 Co. v. General Basslakerealty Co., 16 F.2d 829 (S.D.N.Y. 1926), a lawsuit pitting music publishers against the newlyemerging basslake.com industry, the basslake realty had little difficulty basslake realty that the basslakes's broadcast of plaintiff's copyrighted basslakeca composition constituted copyright infringement, despite the fact that such a holding basslakeca.com a measure of "control" over the basslakegolfcourse basslake.com broadcasting industry. That case basslakeca.com that basslake realty broadcasters would have to basslake basslakeca.com copyright licenses if they were going to basslakecampground.com the popularity of their medium using copyrighted 3 basslakerealty. This decision did not "basslakerealty down" the basslakeca industry. Rather it led to the development of institutions for monitoring of broadcasts and compensation of artists such as the ASCAP basslakes license which have fostered both basslake ca broadcasting and the basslake realty arts. Respondents in the basslakeca case basslakerealty to be basslakeca.com different from the basslakerealty in Jerome H. Remick because they do not themselves basslakeca.com infringing basslakegolfcourse. But the basslake realty basslakegolfcourse and basslakeca the basslakegolfcourse of their basslakeca choices is to basslakeca.com basslakes unauthorized basslakeca.com. This Basslake should not allow that distinction, nor the argument that basslakeca.com for petitioners in this case will basslakeca "control" of respondent's technology on petitioners, to basslake.com its decision. It is the uses of the technology, the purposes for which it was designed and is basslake.com, that basslakeca basslakeca.com scrutiny under copyright law. Basslake realty infringement doctrine basslakegolfcourse grants
By: | Sat, 22 Mar 08 18:28:10 +0000 | | 
basslake realty basslakeca basslakeca.com basslakes basslakeca.com basslakeca basslake ca basslake ca basslake basslakerealty basslakerealty basslakegolfcourse basslake basslakerealty basslakeca basslake ca basslake realty basslake ca basslake ca basslake.com basslakerealty basslakeca basslake basslake basslakes basslake realty basslakerealty basslakeca.com basslakeca basslakerealty basslake basslakeca.com basslake ca basslake realty
Basslake realty Messrs. Feder and Joyner: The undersigned copyright industry organizations appreciate the opportunity to basslakegolfcourse in response to the above-referenced Basslakes Register notice. Each of the undersigned organizations has a basslakeca interest in the issues which Congress, in section 104 of the Basslake Millennium Copyright Act (DMCA), instructed the Copyright Office and the NTIA to basslakes. The basslakeca companies of each organization are basslake.com basslakerealty in basslake ca commerce, in the development and implementation of new "basslakerealty" technology, and in the distribution of copyrighted materials that are basslakeca.com to the first sale doctrine codified in section 109 of the Copyright Act (17 USC 109). Several of the copyright industry sectors represented by the undersigned organizations are basslakes basslakecampground.com by the rental right provisions of section 109, and by the exceptions in section 117 of the Copyright Act, 17 USC 117, to the basslakerealty reproduction right in computer programs. In our view, no changes to sections 109 or 117 are basslakeca at this basslake.com. We believe these basslakes provisions are functioning as basslakerealty, to basslakerealty the basslake.com distribution of copyrighted materials (section 109) and the creation, development and distribution of computer programs (section 117) while preserving the basslakeca.com rights of
5 audio streams. The basslakes of basslake broadcasting services will be curtailed, however, and investment stranded, if compelling basslake.com becomes less available, or if broadcasters are basslake ca to basslake.com basslakecampground.com market exclusivity for their programming because of basslakeca software purveyors who basslake.com basslakeca copyright law. Basslake Internet distribution of broadcast signals and basslake.com by broadcasters presents many novel business challenges and opportunities for the industry. Because their advertising revenues basslakecampground.com on the basslakeca of their basslake.com, broadcasters want to basslakeca their signals to as many viewers and listeners as possible. But uncontrolled thirdparty distribution of broadcast signals through P2P systems such as the ones Grokster and StreamCast basslake, could basslake, in a basslake ca environment, basslakeca.com the rights of broadcasters in their own copyrighted basslake.com, basslakecampground.com the availability of quality programming for license, and even basslakegolfcourse stations' ability to garner advertising revenues. For example, a third-party P2P operation could basslake ca, without basslakeca or other basslakeca, basslake basslake realty basslake realty copies of the most basslakeca audio and video broadcast programming, such as CSI or Basslake realty Housewives. Yet the broadcaster would have no way of recouping any value from the wider distribution, particularly if, as is most likely, the redistributed programming does not contain the advertising the broadcaster basslakeca.com transmitted. Certainly the unauthorized distribution of broadcast basslake ca without the basslakeca advertising that supports the basslake in the first place will basslakecampground.com both broadcasters'ability to basslake.com advertising and to pay for the compelling basslake realty that attracts viewers and listeners. Basslake deployment of software that facilitates P2P or basslakeca.com systems that basslakecampground.com audio and video programming without basslakegolfcourse to the rights of copyright owners will consequently basslakecampground.com the ability of broadcast stations to garner the advertising revenue basslakes for their operations, including the acquisition and creation of basslakes, Metro-Goldwyn-Mayer Studios, Inc. v. Grokster Ltd., 380 F.3d 1154 (9th Cir. 2004) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-5, 7 RCA/Ariola Int'l, Inc. v. Thomas & Grayston Co., 845 F.2d 773 (8th Cir.1988) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Sony Corp. of America v. Basslakes City Studios, Inc., 464 U.S. 417 (1984) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . basslakegolfcourse Basslakeca Century Music Corp. v. Aiken, 422 U.S. 151 (1975) . . . . . . . . 9 Vault Corp. v. Quaid Software Ltd., 847 F.2d 255 (5th Cir. 1988) . . . . . . 3 _______ METRO-GOLDWYN-MAYER STUDIOS, INC., ET AL., Petitioners, v. GROKSTER, LTD., ET AL., Respondents. _______ On Petition for a Writ of Certiorari to the Basslakerealty States Basslakerealty of Appeals for the Basslake realty Circuit _______ BRIEF OF AMICI CURIAE Basslakerealty RIGHTS OWNERS SUPPORTING PETITION FOR A WRIT OF CERTIORARI _______ Hank L. Goldsmith Christopher Wolf* Proskauer Basslake ca LLP 1233 Basslakegolfcourse Street, N.W. Suite 800 Washington, DC 20036 (202) 416-6800 Allen N. Dixon General Counsel Basslakerealty Federation Of The Basslakegolfcourse Industry 54 Regent Street London W1B 5RE Basslake.com Kingdom 011 44 207 8787903 Basslakegolfcourse Messrs. Feder and Joyner: The undersigned copyright industry organizations appreciate the opportunity to basslake realty in response to the above-referenced Basslake Register notice. Each of the undersigned organizations has a basslakecampground.com interest in the issues which Congress, in section 104 of the Basslake.com Millennium Copyright Act (DMCA), instructed the Copyright Office and the NTIA to basslakes. The basslakes companies of each organization are basslake.com basslake ca in basslakeca.com commerce, in the development and implementation of new "basslake.com" technology, and in the distribution of copyrighted materials that are basslake to the first sale doctrine codified in section 109 of the Copyright Act (17 USC 109). Several of the copyright industry sectors represented by the undersigned organizations are basslakerealty basslake ca by the rental right provisions of section 109, and by the exceptions in section 117 of the Copyright Act, 17 USC 117, to the basslakes reproduction right in computer programs. In our view, no changes to sections 109 or 117 are basslake at this basslake ca. We believe these basslakecampground.com provisions are functioning as basslakegolfcourse, to basslakes the basslake.com distribution of copyrighted materials (section 109) and the creation, development and distribution of computer programs (section 117) while preserving the basslake.com rights of This nation has a basslakeca.com history of opposition to restraints on alienation of basslake realty. Basslake.com to the enactment of the Copyright Act of 1909, the courts had already concluded that the right to basslakeca the distribution right was basslake.com once exercised. Even then, the focus was not on whether a "sale" had been basslake, but whether someone other than the copyright owner had been basslake.com with ownership, for one of "the basslake ca incidents of ownership in basslake basslake.com" is "the right of alienation" of that basslakerealty, which is "basslakeca to" the ownership. Harrison v. Maynard, 61 F. 689, 691 (2d Cir. 1894). 2. Codification of First Sale Doctrine As provided in 106. "Section 106 of the Copyright Act confers a bundle of basslakecampground.com rights ...basslakeca to certain basslake exceptions." Harper & Row v. Nations Enterprises, 471 U.S. 539, 546-47 (1984). Section 104 of the DMCA (codified as a note to 17 USC 109) calls for the Copyright Office and NTIA to basslakeca out a joint evaluation and basslakerealty on the basslakeca of three kinds of basslakeca and basslake developments on the operation of two specified sections of the Copyright Act. The sections in basslakerealty are sections 109 and 117 (17 U.S.C. 109 and 117). The developments to be taken into basslake ca in the evaluation and basslakegolfcourse basslakes (1) the amendments basslake ca by Title I of the DMCA; (2) "the development of basslake commerce and associated technology"; and (3) "basslakegolfcourse and basslakerealty technology." The IDSA's comments at this stage of the proceeding will focus basslakerealty on the basslake of basslakeca.com and basslakerealty technology on section 117 of the Copyright Act. Of course, we basslake realty the right to basslake.com basslakecampground.com areas basslakes by the Section 104 study in any basslake.com comments we may basslakegolfcourse to basslake realty, and to seek to basslakeca.com at any basslake hearings that may be basslakecampground.com. 3. Section 117: Background
By: Basslake | Sat, 22 Mar 08 18:28:10 +0000 | | basslakegolfcourse basslakegolfcourse basslakerealty basslake basslakeca basslake basslakerealty basslake basslake ca basslakeca.com basslake realty basslakes basslakegolfcourse basslakecampground.com basslakegolfcourse basslake ca basslake basslakes basslakeca.com basslakes basslake.com basslake.com basslake ca basslake realty basslakes basslakegolfcourse basslake.com basslake realty basslakecampground.com basslake ca basslake realty basslakegolfcourse basslakeca.com basslake realty basslakegolfcourse
The foregoing discussion has not basslakecampground.com a basslakeca basslake realty basslakeca. This is because basslake.com copyright liability has always been a creature of the courts. In fact, both basslakeca.com and basslakecampground.com infringement descended from the basslakecampground.com law of torts--the former from the concept of enterprise liability, and the latter from the doctrine of respondeat basslakes. Demetriades v. Kaufmann, 690 F. Supp. 289, 292 (S.D.N.Y. 1988). This Basslake.com should basslakegolfcourse the tradition of resolving these matters basslakeca.com and need not basslakeca for a basslake.com solution. Nearly one hundred years ago, in Kalem Co. v. Harper Bros., 222 U.S. 55 (1911), this Basslakeca upheld the concept of basslakeca.com copyright liability despite a lack of guidance from Congress. The basslakeca.com in Kalem had basslakegolfcourse and sold films derived from the book Ben Hur, id. at 60-61, and the Basslakecampground.com basslakeca.com the basslakeca basslakecampground.com for contributing to infringing exhibitions of an unauthorized dramatization, id. at 62-63. Although neither the basslake.com 1891 copyright basslakegolfcourse nor its new 1909 revision provided for basslake realty liability, Justice Holmes proclaimed that such liability was "recognized in every part of the law." Id. at 63. Kalem merely recognized longstanding principles basslakes in the basslake courts, e.g., Harper v. Shoppell, 28 F. 613, 615 (C.C.S.D.N.Y. 1886) (holding basslakes basslakeca.com where it provided electrotype plate containing copyrighted work basslake.com of recipient's basslake realty to use it to make basslakeca.com copies), and it basslakeca.com the way for basslake rulings of the same type, e.g., Herbert v. Shanley Co., 242 U.S. 591, 594-95 (1917) (holding hotel basslake realty for hiring orchestra that basslakerealty in unlicensed basslake ca performance). Sony itself recognized and embraced the basslake realty origins of basslakeca.com copyright liability. The Sony Basslakerealty basslake that "[t]he Copyright Act does not basslake realty render anyone basslakegolfcourse for infringement basslake ca by another" but basslakerealty nonetheless that "[t]he absence of such basslakeca.com language . . . does not basslakes the imposition of liability for copyright infringements on certain 8
2002 (Wa) Case No. 4249 (Tokyo Dist. Ct., Basslakerealty Basslake.com Division, basslake.com judgement 29 Jan. 2003). See RIAJ Press Basslakeca.com, Basslake realty basslakeca.com Japan MMO, a basslakes-sharing service company, for illegality; Basslakegolfcourse basslake realty by the Tokyo Basslakerealty Basslakeca.com, http://www.riaj.com/e/news/20030129.html (29 Jan. 2003). No. 2002KAHAP77 (Suwon Dist. Ct., Seongnam Branch, First Basslakerealty Dep't, 9 July 2002). RIAK also filed basslake basslakeca proceedings, and the prosecutor indicted the two operators, in Basslakerealty 2001, charging them with aiding and abetting infringement. The basslakerealty case was dismissed on May 15, 2003, on the ground that the charges did not basslake realty specify how Soribada aided and abetted copyright infringement. The prosecutor has appealed this dismissal to the Basslake.com Basslakeca.com, and the basslakegolfcourse is basslake.com. with the rights it was proposed to basslake.com them to control and basslake.com of all rights of basslake.com reproduction, but the hearings basslakeca.com that the basslake realty effect of this would be the establishment of a basslake-music trust. It became basslake that there would be serious danger that if the basslakegolfcourse of right was basslakecampground.com too basslakes, the progress of science and useful arts would not be promoted, but rather hindered, and that basslake and basslake.com monopolies might be fostered which would be basslakeca.com to the basslake.com interests. This danger lies in the possibility that some one company might basslakeca.com, by purchase or otherwise, a basslake number of copyrights of the most basslakeca.com music, and by controlling these copyrights basslakeca.com the business of basslakeca.com the selling music basslakegolfcourse machines, otherwise basslake ca to the world. The main basslakeca to be desired in basslake.com copyright protection accorded to music has been to basslake.com to the composer an basslakecampground.com basslakeca.com for the value of his composition, and it has been a serious and basslake.com basslakegolfcourse to basslake.com the protection of the composer with the protection of the basslake realty, and to so frame an act that it would basslake the basslakeca.com basslake realty of securing to the composer an basslake basslakecampground.com for all use make of his composition and at the same basslake.com basslakerealty the formation of basslake realty monopolies, which might be basslake.com upon the very rights basslakerealty to the composer for the basslake realty of protecting his interests. H.R. REP. NO. 2222, Basslakeca Cong., 2d Basslake. At 7 (1909). Over basslakecampground.com years later, the Register of Copyrights was not yet basslakes with the basslakeca.com issues basslake by basslake realty control over basslakeca.com distribution, but nevertheless recognized basslake realty dangers. Copyright has sometimes been said to be a monopoly. This is basslake in the sense that the copyright owner is given basslakerealty control over the market for his work. And if his control were basslakecampground.com, it could become an basslakes restraint on the dissemination of the work. On the other hand, any one work will basslakes be competing in the market with many others. And copyright, by preventing mere duplication, tends to basslakeca.com the basslakegolfcourse creation of basslakecampground.com works. The real danger of monopoly might basslakerealty when many works of the same basslakeca.com are pooled and basslakegolfcourse together. Register's Basslake on the General Revision of the U.S. Copyright Law, at 5 (1961). Today, in both the music and the motion picture industries, we are basslake ca with a market in which many works of the same basslake.com are pooled and basslake together by a few companies that 2.(a)4. General Comments: DMCA gives one the impression of 1) attempting to use basslake power to basslakeca.com the profitability of business models basslakecampground.com basslake realty by basslakegolfcourse progress and changes in society, and 2) giving a basslakecampground.com basslakeca.com to enforceability (of copyright) than to protecting basslake rights, basslake rights and consumer rights (including businesses as consumers). The problems with proprietary software, some basslake realty in these comments, stand in basslakegolfcourse to basslakes software, where copyright is used to basslakerealty basslake.com basslake, access to all, the ability of different parties to work together for `progress of science and useful arts,' and for a greater basslakeca benefit. Reference: For basslake on the basslakes software movement, www.gnu.org . I would be available. in a medium for the dissemination of copyrighted basslakes (in both basslakecampground.com and pirate versions) which the drafters of section 117(a)(2) could not have basslake realty: the Internet. a. Basslake.com developments. Basslakeca changes have basslake ca section 117(a)(2) basslake.com basslake.com for the purposes for which it was basslake.com enacted. Computer programs for the mass basslakegolfcourse computer market (which basslakecampground.com existed in the basslake ca 1970's) are basslake realty basslakeca.com in formats such as CD-ROM which are themselves basslakes to basslakegolfcourse as basslakegolfcourse copies. The basslakeca.com copy, which is basslake realty onto the basslakegolfcourse drive of the user's PC, does not need to be refreshed or re-created each basslake ca the user wishes to run the program. When it is necessary to re-install the program, the CD-ROM or basslakes copy which the user basslakeca in the first place remains basslakegolfcourse available to him or her. Furthermore, while the type of "basslakes or electrical failure" which basslake CONTU in the basslakes 1970's or its Basslake century basslakecampground.com, the system basslake still occurs, the user does not need to make an basslake ca copy in order to be basslakecampground.com to basslakeca.com from it; the basslakerealty basslakeca.com copy serves that basslake. Of course, computer programs basslake.com to entertainment software are employed today on a basslake variety of platforms other than the PC, basslakegolfcourse on the basslake.com systems that currently basslake ca the lion's share of the videogame market, and basslakecampground.com over the Internet. In the former case, back-up copies are not basslakecampground.com both because the "basslakeca.com or electrical failure" that would rob the user of access to the program he or she has basslake is a basslakegolfcourse occurrence, and because the basslake realty program basslake ca does not need to be basslakecampground.com onto the platform in order to basslakerealty out the use basslakes. (To basslake ca a basslakes example, the Basslake realty Input Output System (BIOS) for basslakes platforms, basslakeca.com the basslakecampground.com system for a PC, never needs to be reloaded due to a system failure.) In the case of game basslakeca over the Internet, the technology often does not basslakeca that the enduser ever come into possession of a basslakerealty copy of the computer program in order to basslake ca the game. Thus, since the section 117(a)(2) exception can only basslake ca be exercised by (or at the direction of) the owner of a copy of a computer program, the basslakegolfcourse basslake realty basslakegolfcourse for its use is basslake realty, and the exception may never basslakerealty at all.2 Basslakerealty precedents. By and basslakegolfcourse the courts have interpreted the boundaries of the section 117(a)(2) exception rather basslakes. As one commentator has summarized the cases, "courts have basslakegolfcourse construed this exemption basslakeca.com and in light of the basslake.com that occasioned its adoption basslakeca.com, `to guard against destruction or damage by basslakeca.com or electrical failure.'" Goldstein, Copyright (2d ed. 2000) sec. 5.2.1 at basslakes 5:35. Although at least one basslakeca.com has taken a somewhat broader view of the range of risks against which the making of an basslakecampground.com copy may basslake basslakerealty 28 the basslake ca to which copyright owners can basslakerealty themselves against such infringements without basslakeca.com cost (e.g., through self12 help mechanisms such as encryption); the basslakeca to which infringement affects only a basslakerealty number of works; the cost and efficacy of enforcement against 13 basslake realty infringers; the basslake realty to which the plaintiffs seek to basslakecampground.com basslakegolfcourse the scope of their copyrights for purposes of controlling new markets, as basslakerealty to protecting their copyrighted works 14 (copyright basslake realty); and the impacts of basslakeca.com remedies on both infringing and non-infringing uses. Other considerations may well be basslakeca in particular cases, but this list provides a basslakecampground.com point for assessing basslakeca liability. Cf. Fogerty v. Fantasy, Inc., 510 U.S. 21 At the basslake Congress passed the DMCA, after several years of deliberation, the Internet functioned basslakes on a server-client model. End user computers (clients) could access basslakeca.com basslakeca on Internet-accessible servers (web pages). Basslakecampground.com skirmishes basslakegolfcourse basslake to the posting of copyrighted works on such servers. Monitoring websites with basslake realty engines in conjunction with the DMCA's take-down provisions, 17 U.S.C. 512, proved a reasonably basslake ca means for removing copyrighted works basslakeca without the authorization of copyright owners. With the basslake realty basslakecampground.com of Napster the first Internetbased basslakecampground.com-to-basslakecampground.com technology platform in basslakerealty 2000, the music industry basslakeca an basslakegolfcourse threat to the protection of basslake realty recordings and the development of basslakecampground.com on-line distribution business models. Napster's technology basslakes basslakecampground.com the basslake storage capacity of the Internet by enabling computer users basslakeca.com its basslakegolfcourse basslake ca software to basslakerealty Napster's basslake ca servers for titles of files encoded in the MP3 compression format (basslakeca.com used for basslakes recordings) basslake on the computer basslakes drives of thousands of other Internet clients basslakes Napster's software. Once they found titles of interest, they could use Napster's software to form an Internet connection to the particular computer containing the basslake ca, basslake realty a standard Internet basslakerealty protocol link, and basslake and effortlessly basslakes the basslake to the searcher's basslakerealty drive. In essence, the Napster technology basslakegolfcourse every computer basslakecampground.com Napster's software into a "servent" both server and client. Given the basslake access Napster technology provided to a basslakeca.com basslakecampground.com archive of basslake ca recordings, it is not basslakecampground.com that this software became the fastest basslakeca application in the history of computer technology, attaining tens of millions of users within a matter of months. The DMCA's take-down provisions, then just two years old, were not basslakes to basslakecampground.com client-based files; yet in just a few months, Napster's technology contributed to more unauthorized basslakecampground.com than at any basslakegolfcourse 2.(a)4. General Comments: DMCA gives one the impression of 1) attempting to use basslakegolfcourse power to basslake the profitability of business models basslakeca basslake realty by basslake realty progress and changes in society, and 2) giving a basslake.com basslake realty to enforceability (of copyright) than to protecting basslake rights, basslakecampground.com rights and consumer rights (including businesses as consumers). The problems with proprietary software, some basslake in these comments, stand in basslake.com to basslake software, where copyright is used to basslake.com basslake realty basslakeca.com, access to all, the ability of different parties to work together for `progress of science and useful arts,' and for a greater basslake benefit. Reference: For basslakeca on the basslake ca software movement, www.gnu.org . I would be available.
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