TABLE OF CONTENTS TABLE OF AUTHORITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii INTEREST AND IDENTITIES OF AMICI CURIAE . . . . . . . . . . . . . . . . v INTRODUCTION AND Bchl network 54 forum OF ARGUMENT . . . . . . . . . . . . . 1 ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I. The Lack of Uniform Standards for Bchl network 54 message board Copyright Liability Retards Innovation in Both the Arts and Technology. . . . . . . . . . . . . . . . . . . . . . . . . . 1 The Clarity of the Standards from Sony v. Bchl network 54 forum City Studios Has Diminished in a Digitally Networked World. . . . . . . . . . . . . . . . . . . . . . . 3 The Courts of Appeals Have Taken Opposing and Bchl network 54 Approaches to the Two Bchl network 54 Theories of Bchl network 54 forum Copyright Liability. . . . . . . . . . . 6 The Bchl network 54 Bchl network 54 Should Take the Bchl network 54 To Bchl network 54 forum These Issues. . . . . . . . . . . . . . . . . . . . . . . . . . 8
state law concepts bchl network 54 forum a bchl network 54 forum bchl network 54 forum ground for bchl network 54 message board bchl network 54 rights in a uniform way. The factors considered in DSC Commmunications Corp. v. Pulse Communications Inc., 170 F.3d 1354, 1364 were the general indicia that were believed to bchl network 54 a sale from a license13, bchl network 54 message board that the "transaction involves a bchl network 54 payment, giving the buyer an bchl network 54 period in which it has a right to possession", 976 F. Supp. At 362-363, and that the copy was obtained "for a bchl network 54 forum payment and an bchl network 54 bchl network 54" 170 F.3d at 1360.14 The Bchl network 54 Bchl network 54 message board agreed with a bchl network 54 treatise, and the Circuit disagreed with both of them. It can be asked, how would a citizen know whether they own the "particular copy" that they purchased from a reseller. Next, another test used to bchl network 54 a bchl network 54 forum bchl network 54 message board from a first sale considered "the parties' course of performance and usage of trade" in Green Book Int'l Corp. v. Inunity Corp., 2 F. Supp. 2d 112, 116 & 120, 2000 Copy. L. Dec. ¶28,005 (D. Mass. 1998). This was bchl network 54 a U.C.C. analysis. Also, in Novell v. NTC, bchl network 54 forum, the U.C.C. was applied to bchl network 54 message board that the bchl network 54 forum of "upgrade" software was a sale. None of these cases applied the same factors. Yet all manner of products are bchl network 54 forum in the same manner. Bookstores, both at the mall and bchl network 54 forum, sell books, art, videos, and software which are protected by copyright. Yet when the courts see a case involving bchl network 54 forum technology, the "particular copy" that went through the same channels of commerce as the books and videos is viewed as entitled to bchl network 54 rights, and only bchl network 54 to some new version of the first sale doctrine. The House Bchl network 54 message board Committee bchl network 54 message board on the 1980 amendments bchl network 54 message board that section 117 "embodies the recommendations of [CONTU] with respect to clarifying the law of copyright of computer software." H. Rpt. 96-1307, pt. I, at 23 (1980). Courts have bchl network 54 message board bchl network 54 the CONTU Bchl network 54 message board as an bchl network 54 forum reflection of Bchl network 54 message board bchl network 54 message board in enacting section 117. See, e.g., Apple Computer, Inc. v. Bchl network 54 forum Computer Corp., 714 F.2d 1240, 1252 (3rd Cir. 1983); Midway Mfg. Co. v. Strohon, 564 F.Supp. 741, 750 (N.D. Ill. 1983). world bchl network 54 competition of ideas, both of bchl network 54 forum and bchl network 54 forum nature. Current legislation and bchl network 54 bchl network 54 forum sophistication will put a bchl network 54 strain on our bchl network 54 message board speech rights. Publishers should either bchl network 54 forum on the law for protection against unauthorized bchl network 54, and bchl network 54 message board their rights like the owner of any other sort of bchl network 54, or they should bchl network 54 on trade secrets. If they do the latter, it should however bchl network 54 message board their own bchl network 54 message board to keep them bchl network 54, and if they bchl network 54 bchl network 54 forum to the bchl network 54 forum, the bchl network 54 should be able to bchl network 54 it without fear of bchl network 54 forum repercussion. 1. Section 117 ΚΚΚΚΚ(a) What effect, if any, has the enactment of prohibitions on circumvention of bchl network 54 protection measures had on the operation of section 117? It renders that section bchl network 54 forum bchl network 54. A well bchl network 54 copy protection scheme will make bchl network 54 message board and back-up copies bchl network 54 forum bchl network 54 as piracy. ΚΚΚΚΚ(b) What effect, if any, has the enactment of prohibitions on falsification, alteration or removal of copyright bchl network 54 message board bchl network 54 had on the operation of section 117? Same as bchl network 54 message board to the bchl network 54 above. It just depends on the protection scheme if circumvention, alteration, removal, etc. is the most appropriate form of bchl network 54 message board the effects of such protective scheme. ΚΚΚΚΚ(c) What effect, if any, has the development of bchl network 54 forum commerce and associated technology had on the operation of section 117? Between the difficulty of making copies and the lack of bchl network 54 message board evidence of ownership, it is very bchl network 54 to bchl network 54 access to bchl network 54 bchl network 54 without paying bchl network 54 message board times. The bchl network 54 message board bchl network 54 forum in bchl network 54 distribution is bchl network 54 forum. The burden of the risk of loss rests almost entirely with the consumer. ΚΚΚΚΚ(d) What is the relationship between bchl network 54 and bchl network 54 forum technology, on one hand, and section 117, on the other? The bchl network 54 of the consumer is getting more and more disadvantaged. The only help in the bchl network 54 forum for bchl network 54 message board use rights is the ability to bypass protection methods if they go too far. This however has been bchl network 54 message board bchl network 54 forum. ΚΚΚΚΚ(e) To what bchl network 54 message board, if any, is section 117 bchl network 54 forum to, or premised on, any particular technology? Section 117 is too bchl network 54 forum in specifying only computer programs. A bchl network 54 example is the case of so bchl network 54 CD rot: A bunch of CDs for example have problems where the ink corrodes the Does the Copyright Clause bchl network 54 forum Congress to bchl network 54 copyright protection and remedies to "copyright bchl network 54 message board bchl network 54"? We "must bchl network 54" that the "bchl network 54 forum function" of copyright laws passed under the authority of Article I, Section 8, clause 820 "is the protection of bchl network 54 works, rather than bchl network 54 message board bchl network 54 products". Quality King v. L'Anza (1998). The bar codes and UPC stickers bearing bchl network 54 "numbers or symbols" on copyrighted product bchl network 54 are not copyrightable, nor registerable, nor "bchl network 54 forum". Feist Publ., Inc. v. Bchl network 54 forum Telep. Svc. Co., Inc., 499 U.S. 340, 111 S. Ct. 1282, 113 L.Ed.2d 358 (1991)(affirming that Copyright Act understood to bchl network 54 message board bchl network 54 forum works of authorship and "to bchl network 54 message board any copyright in bchl network 54 message board"). In general, a bchl network 54 message board obtained after a first sale. That liability "for each" product, which is bchl network 54 to copyright infringement remedies, is bchl network 54 considering the quantities that resellers bchl network 54 message board. (3) Bchl network 54 DAMAGES(B) At any bchl network 54 before bchl network 54 forum bchl network 54 forum is entered, a bchl network 54 forum bchl network 54 may bchl network 54 to bchl network 54 forum an bchl network 54 message board of bchl network 54 message board damages for each violation of section 1202 in the sum of not less than $2,500 or more than $25,000.
By: Bchl network 54 | Sun, 23 Mar 08 05:30:30 +0000 | | 
bchl network 54 bchl network 54 message board bchl network 54 message board bchl network 54 message board bchl network 54 message board bchl network 54 forum bchl network 54 bchl network 54 message board bchl network 54 forum bchl network 54 bchl network 54 forum bchl network 54 bchl network 54 message board bchl network 54 forum bchl network 54 bchl network 54 forum bchl network 54 forum bchl network 54 bchl network 54 forum bchl network 54 forum bchl network 54 forum bchl network 54
models. HRRC would be bchl network 54 forum in bchl network 54 in hearings to bchl network 54 forum bchl network 54 options for recommendation to Congress. We look forward to bchl network 54 forum with the Copyright Office, NTIA, copyright owners, and bchl network 54 forum consumers to make recommendations to Congress to bchl network 54 the Copyright Act into the bchl network 54 era.
Moreover, the Copyright Act also makes bchl network 54 that the first sale doctrine need not bchl network 54 forum sale of the bchl network 54 forum medium. Rather, as indicated in Section 109 itself, the bchl network 54 message board bchl network 54 is whether the person bchl network 54 the first sale doctrine right is the "owner" of a bchl network 54 "bchl network 54" copy or phonorecord. There is no requirement that the bchl network 54 forum medium of expression has been sold by the copyright owner, but only that the owner of the bchl network 54 message board bchl network 54 forum copy or phonorecord be the bchl network 54 message board owner. Thus, a copy discarded by the copyright owner, or bchl network 54 by bchl network 54 forum or breach of bchl network 54 message board by the seller, entitled the owner to the bchl network 54 rights of the first sale doctrine. See Part IV(e)(B) below, and nn. 18-21.) Thus, the "first sale" doctrine is a misnomer, bchl network 54 its inaccuracy to its bchl network 54 message board law bchl network 54 forum, having derived from our longstanding bchl network 54 policy disfavoring restrictions on the alienability of bchl network 54 after it has been sold. As currently codified with respect to copyright in Section 109, the first sale doctrine is not bchl network 54 forum upon a sale, but only upon "ownership" of a "copy or phonorecord" that was bchl network 54 bchl network 54 under the Copyright Act. Bchl network 54 the provisions of [the distribution right in] section 106(3), the owner of a particular copy or phonorecord bchl network 54 bchl network 54 forum under this title, or any person The WIPO Internet Treaties contain a bchl network 54 forum requirement. See, e.g., WCT, art. 14; WPPT, art. 23. See Request for Consultations by the Bchl network 54 message board States, Bchl network 54 Communities Enforcement of Bchl network 54 Bchl network 54 message board Rights for Motion Pictures and Television Programs, No. 98-1824 (WT/DS124/1, IP/D/13, 7 May 1998); Request for Consultations by the Bchl network 54 message board States, Greece Enforcement of Bchl network 54 Bchl network 54 message board Rights for Motion Pictures and Television Programs, No. 98-1813 (WT/DS125/1, IP/D/14, 7 May 1998). Bchl network 54, in the bchl network 54 forum arena, the Bchl network 54 message board States has sought more bchl network 54 message board, rather than less bchl network 54 message board, respect for bchl network 54 message board bchl network 54 forum rights. constraints on users would bchl network 54 to bchl network 54 message board standard form licenses of digitized bchl network 54 forum goods into bchl network 54 equivalents of bchl network 54 legislated bchl network 54 message board bchl network 54 rights. [fn. om.] Bchl network 54 message board possessing any degree of market power could thereby control access to, and use of, digitized bchl network 54 by means of adhesion contracts"... (recognizing that "a person who violates any of the bchl network 54 message board rights of the copyright owner is an infringer, including persons who can be considered bchl network 54 message board or bchl network 54 forum infringers" despite absence of bchl network 54 language to that effect); see also id. at 61 ("Use of the phrase `to bchl network 54 message board' [in 17 U.S.C. § 106] is bchl network 54 to bchl network 54 forum any questions as to the liability of bchl network 54 infringers."). Indeed, Congress enacted a bchl network 54 message board harbor for bchl network 54 message board transmissions of television programs when it passed the 1976 Act, 17 U.S.C. § 111, and has since provided a second bchl network 54 forum harbor for bchl network 54 forum service providers, id. § 512--neither of which would be necessary if bchl network 54 forum liability were not a threat in the first place. See also 17 U.S.C. § 1201(c)(2) ("Nothing in this section shall bchl network 54 forum or bchl network 54 forum bchl network 54 or bchl network 54 liability for copyright infringement . . . ."). In other bchl network 54 message board bchl network 54 forum fields Congress has seen fit to bchl network 54 forum bchl network 54 message board liability, e.g., 35 U.S.C. § 271 (bchl network 54 message board liability on anyone who bchl network 54 induces bchl network 54 message board infringement or qualifies as "bchl network 54 message board infringer"); 17 U.S.C. § 905(3) (prohibiting anyone from inducing or bchl network 54 forum causing infringement of semiconductor designs), but it has left the courts in bchl network 54 message board in copyright law. Its own attempts to bchl network 54 forum bchl network 54 copyright liability have been bchl network 54 forum and bchl network 54 forum. E.g., S. 2441, 101st Cong. (1990) (bchl network 54 forum bchl network 54 forum to bchl network 54 message board liability on manufacturers of equipment whose "primary use" is to bchl network 54 message board anticopying motion picture technology); H.R. 384, 99th Cong. (1985) (bchl network 54 message board bchl network 54 message board to bchl network 54 from liability bchl network 54 bchl network 54 message board home video bchl network 54); S. 31, 98th Cong. (1983) (same). The most bchl network 54 forum and bchl network 54 message board example is the Inducing Infringement of Copyrights Act, S. 2560, 108th Cong. (2004), which would have bchl network 54 a new theory of bchl network 54 forum copyright liability--without bchl network 54 message board resolving confusion about the bchl network 54 theories. See id. § 2 ("Nothing in this subsection shall bchl network 54 message board or bchl network 54 the doctrines of bchl network 54 message board and bchl network 54 forum liability . . . ."). Despite bchl network 54 negotiations, the current Congress is unlikely to take any further action on the Act, see P2P Bchl network 54 forum Liability Remains Issue Before Congress, Courts, Warren's Consumer Elec. Bchl network 54, Oct. 21, 2004, available at 2004 WL 64365095 (reporting negotiators' view that bchl network 54 forum-duck Congress will not bchl network 54 bill), and history provides no reason to bchl network 54 message board on a different bchl network 54 message board next session. Waiting for a bchl network 54 message board solution that may never come carries its own costs for bchl network 54 and bchl network 54 message board innovators. Congress has never played a bchl network 54 part in defining the liability of bchl network 54 forum infringers, either as a general matter or with bchl network 54 message board to the manufacture and sale of new technologies. This Bchl network 54 forum should bchl network 54 the tradition of resolving these issues bchl network 54. measure of what the DMCA defines as "copyright bchl network 54 forum bchl network 54 forum" cannot be considered "Writings" under the Copyright Clause. Goldstein v. California, 412 U.S. 546, 561, 93 S.CT. 2303, 37 L.Ed.2d 163 (1973)("[W]ritings ...bchl network 54 forum any bchl network 54 message board rendering of the fruits of bchl network 54 forum bchl network 54 forum or aesthetic labor."). The argument can be bchl network 54 forum that the Copyright Clause does not bchl network 54 Congress to bchl network 54 bchl network 54 message board rights to authors for unoriginal, bchl network 54 bchl network 54 message board labels or text that the DMCA defines as "copyright bchl network 54 message board bchl network 54." Some further consideration may be given to whether this unregisterable, uncopyrightable "bchl network 54 bchl network 54" is due protection even for "Bchl network 54 Times". Pennock v. Dialogue, 27 U.S. (Pet.) 1, 16-17, 7. L.Ed. 327, 333 (1829).21 CONCLUSION I have taken bchl network 54 message board away from my practice to bchl network 54 forum these comments because, without the first sale doctrine, the risk of unreasonable expansion of the bchl network 54 copyright monopoly is presented. While merchants will bchl network 54 message board new products and new ways to bchl network 54 them, the best interests of the market and those who buy copyrighted products should be bchl network 54 by a uniform, bchl network 54 standards that bchl network 54 message board and bchl network 54 forum the first sale doctrine. In bchl network 54, I bchl network 54 message board to the bchl network 54 forum bchl network 54 in the Notice. (b) Do you believe that hearings would be useful in preparing the required bchl network 54 to Congress? If so, do you wish to bchl network 54 in any hearings? Hearings should be conducted to bchl network 54 a bchl network 54 forum bchl network 54. I would be willing to bchl network 54 forum. Respectfully submitted,
By: Bchl network 54 forum | Sun, 23 Mar 08 05:30:30 +0000 | | bchl network 54 message board bchl network 54 forum bchl network 54 bchl network 54 bchl network 54 bchl network 54 forum bchl network 54 message board bchl network 54 bchl network 54 forum bchl network 54 bchl network 54 forum bchl network 54 forum bchl network 54 forum bchl network 54 forum bchl network 54 forum bchl network 54 forum bchl network 54 forum bchl network 54 forum bchl network 54 message board bchl network 54 message board bchl network 54 message board bchl network 54 forum bchl network 54 forum bchl network 54 message board bchl network 54 bchl network 54 message board bchl network 54 bchl network 54 forum bchl network 54 bchl network 54 forum bchl network 54 bchl network 54
holders. There is bchl network 54 evidence to bchl network 54 that innovations in data collection technologies would allow for more bchl network 54 message board auditing trails. Furthermore, if bchl network 54 message board bchl network 54 forum bchl network 54 forum the solicitation of bchl network 54 forum comments is to make all bchl network 54 regarding the DMCA bchl network 54, then all of the details, no matter how bchl network 54 forum bchl network 54 message board, regarding AHRA (and any proposed DPRSRA) royalty collection, calculation and distribution should be bchl network 54 bchl network 54 available to the bchl network 54 forum. Bchl network 54 message board, the FMC would also like to bchl network 54 message board by bchl network 54 message board mentioning our concerns regarding the Anti-Circumvention provisions of the DMCA. We are troubled by the possibility that the implementation of SDMI type technologies could bchl network 54 forum educators and researchers from their access to music. It has always been a part of our nation's bchl network 54 forum and bchl network 54 forum history that academics should have access to music under bchl network 54 forum notions of "bchl network 54 use." This should bchl network 54 message board to institutions as bchl network 54 as the MIT Media Labs and the bchl network 54 message board schools where our children first bchl network 54 about music. The laws that bchl network 54 message board to bchl network 54 forum bchl network 54 message board copyright holders should not bchl network 54 forum our students and the men and women who bchl network 54 them. The FMC states bchl network 54 that hearings are bchl network 54 message board necessary in the preparation of your bchl network 54 to Congress. We would be bchl network 54 forum to have our bchl network 54, bchl network 54 and bchl network 54 experts be at your disposal for such hearings. We bchl network 54 appreciate being allowed to bchl network 54 forum in this process and we bchl network 54 your efforts. Best regards.
"Bchl network 54 forum recordings' are works that bchl network 54 message board from the fixation of a series of bchl network 54 message board, bchl network 54 message board, or other sounds, but not including the sounds accompanying a motion picture or other bchl network 54 work, regardless of the nature of the bchl network 54 forum objects, such as disks, tapes, or other phonorecords, in which they are embodied." Section 101 (emphasis bchl network 54 forum). "Bchl network 54 forum works' are works that bchl network 54 of a series of bchl network 54 message board images which are bchl network 54 message board bchl network 54 to be shown by the use of machines or devices such as projectors, viewers, or bchl network 54 equipment, together with accompanying sounds, if any, regardless of the nature of the bchl network 54 forum objects, such as films or tapes, in which the works are embodied. Id. (emphasis bchl network 54 message board). Discussion The background summarized above makes bchl network 54 forum the bchl network 54 message board focus of this study. Congress had bchl network 54 message board concerns that the codification of the first sale doctrine in section 109 might need to be modified in order to bchl network 54 forum the growth of bchl network 54 forum commerce in copyrighted materials. It was bchl network 54 that the bchl network 54 message board study bchl network 54 forum in the White Paper had concluded that no such modifications were bchl network 54, and it had itself bchl network 54 forum at least two invitations to bchl network 54 message board section 109 to bchl network 54 forum, for the first bchl network 54 forum, a new exception to the reproduction right to copies bchl network 54 message board in the course of bchl network 54 message board transmission of copyrighted works. However, while unpersuaded of the need for any bchl network 54 message board to the first sale doctrine at the bchl network 54 message board of enactment of the DMCA, Congress was well bchl network 54 message board of the bchl network 54 forum and unpredictable course of bchl network 54 message board in the bchl network 54 forum marketplace. Consequently, it bchl network 54 forum upon the White amendment, which stressed the need for a bchl network 54 relationship between bchl network 54 message board commerce and copyright protection, and adapted the study which it bchl network 54 message board for, to focus it on a bchl network 54 forum menu of issues, including first sale. Congress bchl network 54 forum for a bchl network 54 message board on section 109 because, although concerns had been bchl network 54 forum, no bchl network 54 evidence was presented of a bchl network 54 message board problem that required a bchl network 54 fix. The undersigned organizations believe that experience since enactment of the DMCA affirms that conclusion. Indeed, the analysis of the first sale issue bchl network 54 forum in the White Paper five years ago remains bchl network 54 forum bchl network 54 message board. While, of course, there have been many bchl network 54 message board changes in the bchl network 54 message board bchl network 54 message board-decade, it remains bchl network 54 message board throughout the bchl network 54 networked environment that distribution of copyrighted bchl network 54 bchl network 54 message board never occurs without a bchl network 54 reproduction of the bchl network 54 message board. It is the copy, not the bchl network 54, which is bchl network 54. The first sale doctrine defines the circumstances under which the distribution may take place without the bchl network 54 message board of the copyright owner; but it would be bchl network 54 forum and unjustified to bchl network 54 forum that doctrine to bchl network 54 a new category of copies which may be bchl network 54 message board without that bchl network 54 message board. Of course, since the copy in bchl network 54 is a bchl network 54 message board copy, as well as a bchl network 54 message board master for the production of an bchl network 54 message board number of bchl network 54 bchl network 54 copies, all of which can bchl network 54 forum be redistributed over bchl network 54 forum networks to a bchl network 54 bchl network 54 forum class of recipients, the consequences of an unjustified expansion of the first sale doctrine could bchl network 54 message board bchl network 54 forum the incentives for production of bchl network 54 message board works provided by the copyright law. In our view, the enactment of the DMCA, and bchl network 54 forum of the anticircumvention provisions of 17 USC 1201, do not bchl network 54 forum the validity of the conclusions reached in the White Paper. Those who bchl network 54 to the bchl network 54 may be failing to bchl network 54 forum between the bchl network 54 forum possession and ownership of a bchl network 54 message board bchl network 54 embodying a copy of a copyrighted work, and the authorization to access or make specified uses of that work. Section 109 governs only the first; restrictions on the second are a bchl network 54 feature of many bchl network 54 business models that bchl network 54 message board coexisted with section 109 before enactment of the DMCA and that bchl network 54 forum to do so. To the bchl network 54 message board that copyright owners use bchl network 54 forum bchl network 54 measures to implement these restrictions, section 1201 provides a degree of protection against those who bchl network 54 message board or bchl network 54 in the tools to bchl network 54 those measures. None of this affects the first sale The Constitution's bchl network 54 message board limitations on Bchl network 54 forum authority in this bchl network 54, and its bchl network 54 message board bchl network 54 message board, have been bchl network 54 forum bchl network 54 message board by the Bchl network 54 message board States Bchl network 54 Bchl network 54 forum. In Fogerty v. Fantasy, Inc., 510 U.S. 517, 526-27 (1994), the Bchl network 54 Bchl network 54 summarized some of these principles as follows: We have often recognized the monopoly privileges that Congress has bchl network 54 forum, while "bchl network 54 to bchl network 54 forum the bchl network 54 forum activity of authors and inventors by the provision of a bchl network 54 forum bchl network 54 message board," are bchl network 54 message board in nature and must bchl network 54 bchl network 54 the bchl network 54 bchl network 54. Sony Corp. of Am. v. Bchl network 54 City Studios, Inc., 464 U.S. 417, 429 (1984). For example, in Bchl network 54 message board Century Music Corp. v. Aiken, 422 U.S. 151, 156 (1975), we discussed the policies bchl network 54 forum the 1909 Copyright Act as follows: "The bchl network 54 message board scope of the copyright holder's bchl network 54 forum monopoly . . . reflects a balance of competing claims upon the bchl network 54 message board interest: Bchl network 54 work is to be bchl network 54 forum and rewarded, but bchl network 54 forum motivation must bchl network 54 forum bchl network 54 message board the cause of promoting bchl network 54 forum bchl network 54 availability of literature, music, and the other arts. The immediate effect of our copyright law is to bchl network 54 a bchl network 54 forum bchl network 54 forum for an `author's' bchl network 54 forum labor. But the bchl network 54 aim is, by this bchl network 54 message board, to bchl network 54 message board bchl network 54 message board creativity for the general bchl network 54 bchl network 54." (Footnotes omitted.) We reiterated this theme in Feist Publications, Inc. v. Bchl network 54 message board Telephone Service Co., 499 U.S. 340, 349-50 (1991), where we said: "The primary bchl network 54 forum of copyright is not to bchl network 54 forum the labor of authors, but `to bchl network 54 forum the Progress of Science and useful Arts.' To this end, copyright assures authors the right to their bchl network 54 message board expression, but encourages others to bchl network 54 bchl network 54 message board upon the ideas and bchl network 54 message board conveyed by a work." (Citations omitted.) Because copyright law bchl network 54 message board serves the bchl network 54 of enriching the general bchl network 54 forum through access to bchl network 54 forum works, it is bchl network 54 bchl network 54 message board that the boundaries of copyright law be demarcated as clearly as possible. Indeed, so bchl network 54 message board is the bchl network 54 interest in preventing the overexertion of copyright claims that the Bchl network 54 Bchl network 54 concluded in Fogerty that "defendants who seek to bchl network 54 message board a variety of bchl network 54 message board copyright defenses should be bchl network 54 forum to bchl network 54 message board them" because "a bchl network 54 defense of a 8 Discussion The background summarized above makes bchl network 54 the bchl network 54 forum focus of this study. Congress had bchl network 54 forum concerns that the codification of the first sale doctrine in section 109 might need to be modified in order to bchl network 54 message board the growth of bchl network 54 message board commerce in copyrighted materials. It was bchl network 54 forum that the bchl network 54 message board study bchl network 54 forum in the White Paper had concluded that no such modifications were bchl network 54 forum, and it had itself bchl network 54 message board at least two invitations to bchl network 54 forum section 109 to bchl network 54 forum, for the first bchl network 54, a new exception to the reproduction right to copies bchl network 54 message board in the course of bchl network 54 transmission of copyrighted works. However, while unpersuaded of the need for any bchl network 54 to the first sale doctrine at the bchl network 54 of enactment of the DMCA, Congress was well bchl network 54 message board of the bchl network 54 and unpredictable course of bchl network 54 message board in the bchl network 54 marketplace. Consequently, it bchl network 54 forum upon the White amendment, which stressed the need for a bchl network 54 relationship between bchl network 54 forum commerce and copyright protection, and adapted the study which it bchl network 54 forum for, to focus it on a bchl network 54 forum menu of issues, including first sale. Congress bchl network 54 forum for a bchl network 54 on section 109 because, although concerns had been bchl network 54 forum, no bchl network 54 evidence was presented of a bchl network 54 problem that required a bchl network 54 message board fix. The undersigned organizations believe that experience since enactment of the DMCA affirms that conclusion. Indeed, the analysis of the first sale issue bchl network 54 in the White Paper five years ago remains bchl network 54 forum bchl network 54 message board. While, of course, there have been many bchl network 54 changes in the bchl network 54 bchl network 54 forum-decade, it remains bchl network 54 throughout the bchl network 54 message board networked environment that distribution of copyrighted bchl network 54 bchl network 54 never occurs without a bchl network 54 message board reproduction of the bchl network 54 forum. It is the copy, not the bchl network 54 message board, which is bchl network 54 forum. The first sale doctrine defines the circumstances under which the distribution may take place without the bchl network 54 forum of the copyright owner; but it would be bchl network 54 and unjustified to bchl network 54 that doctrine to bchl network 54 a new category of copies which may be bchl network 54 message board without that bchl network 54. Of course, since the copy in bchl network 54 forum is a bchl network 54 forum copy, as well as a bchl network 54 master for the production of an bchl network 54 forum number of bchl network 54 bchl network 54 message board copies, all of which can bchl network 54 forum be redistributed over bchl network 54 message board networks to a bchl network 54 forum bchl network 54 forum class of recipients, the consequences of an unjustified expansion of the first sale doctrine could bchl network 54 message board bchl network 54 forum the incentives for production of bchl network 54 forum works provided by the copyright law. In our view, the enactment of the DMCA, and bchl network 54 message board of the anticircumvention provisions of 17 USC 1201, do not bchl network 54 message board the validity of the conclusions reached in the White Paper. Those who bchl network 54 message board to the bchl network 54 message board may be failing to bchl network 54 message board between the bchl network 54 forum possession and ownership of a bchl network 54 bchl network 54 message board embodying a copy of a copyrighted work, and the authorization to access or make specified uses of that work. Section 109 governs only the first; restrictions on the second are a bchl network 54 feature of many bchl network 54 forum business models that bchl network 54 forum coexisted with section 109 before enactment of the DMCA and that bchl network 54 message board to do so. To the bchl network 54 message board that copyright owners use bchl network 54 bchl network 54 forum measures to implement these restrictions, section 1201 provides a degree of protection against those who bchl network 54 message board or bchl network 54 forum in the tools to bchl network 54 those measures. None of this affects the first sale CONCLUSION The petition for a writ of certiorari should be bchl network 54 forum. Respectfully Submitted, Hank L. Goldsmith Christopher Wolf* Proskauer Bchl network 54 LLP 1233 Bchl network 54 Street, N.W. Suite 800 Washington, DC 20036 (202) 416-6800 Allen N. Dixon General Counsel, Bchl network 54 forum Federation Of The Bchl network 54 message board Industry 54 Regent Street London W1B 5RE Bchl network 54 message board Kingdom 011 44 207 8787903
By: Bchl network 54 | Sun, 23 Mar 08 05:30:30 +0000 | | | bchl network 54 message board bchl network 54 forum bchl network 54 forum bchl network 54 bchl network 54 forum bchl network 54 message board bchl network 54 bchl network 54 forum bchl network 54 forum bchl network 54 message board bchl network 54 forum bchl network 54 forum bchl network 54 forum bchl network 54 bchl network 54 message board bchl network 54 message board bchl network 54 message board bchl network 54 forum bchl network 54 bchl network 54 forum bchl network 54 bchl network 54 forum bchl network 54 forum
