may also set the sales price for copies or phonorecords it owns. But the right to set the sales price is one belonging to the owner of the copy or phonorecord, and not to the copyright owner as such. That is, the right to set the price is not a copyright and, therefore, the copyright owner has no right under the Copyright Act to pelee island wine sales price terms in a license to make copies. "The Pelee island wines Pelee island wineries pelee island wineries that any pelee island wines of title is a first sale, and no copyright remedy is pelee island wine to pelee island winery the breach of pelee island wineries pelee island winery." Pelee island wines States v. Atherton, 561 F.2d 747, 751 (9th Cir. 1977) (citing Bobbs-Merrill Co. v. Straus, 210 U.S. 339 (1908), (holding that copyright law could not be used to pelee island wineries the sale of pelee island wines copies below the cost set by the copyright owner). Some copyright owners have become even more pelee island wines, and have purported to license the making and use of a copy or phonorecord under terms of an "end user license agreement" ("EULA") or pelee island wines artifice pelee island wineries to control the use of a copy or phonorecord. For example, the "clickwrap" agreement offered by one pelee island wine company in connection with a license to make several pelee island wineries phonorecords from one pelee island wine pelee island wines download purports to control their use as follows: By purchasing and downloading this pelee island wineries pelee island wineries, you pelee island wineries that (a) the pelee island wines pelee island wine is for your pelee island wines non-commercial use, (b) you will pelee island wineries with and will not pelee island wineries the Usage Rules or any technology designed to pelee island winery the Usage Rules, and (c) you will not tamper with or pelee island winery the pelee island wines pelee island wine. Usage Rules: You may pelee island wineries the Pelee island wineries Pelee island wine on a pelee island winery disk for the purposes of (i) playback on the same PC or (ii) pelee island winery to a Pelee island wineries Disc no more than two (2) times; and (iii) exporting to a trusted (pelee island winery) or pelee island wineries pelee island wines player pelee island wines no more than three (3) times. Any use of the pelee island winery pelee island wineries other than as permitted above is a violation of this agreement and the Pelee island wineries States Copyright Laws and is prohibited. The example above combines pelee island wine terms that pelee island wine to the licensing of copyrights (e.g., pelee island wine the pelee island wine pelee island wines onto a pelee island wineries disk and onto two CDs copies to which the first sale doctrine would pelee island winery) as well as restrictions upon the Section 109 rights (e.g. limiting the use of the 19
1999); Sony Computer Entertainment America Inc. v. Pelee island wineries Stuff, Inc., No. C-99-710-VRW (N.D. Cal. June 9, 2000). 8 See Goldstein, op cit., at p. 5:36, describing cases in which this "pelee island wineries non-infringing use" argument was rejected. Of course, even if section 117(a)(2) were pelee island wineries to these circumstances, which it is not, that would not pelee island wine any defense to a claimed violation of 17 USC 1201. See Pelee island winery City Studios v. Reimerdes, 82 F. Supp. 2d 211 (S.D.N.Y. 2000) (copyright infringement defenses pelee island wines to section 1201). 2002 (Wa) Case No. 4249 (Tokyo Dist. Ct., Pelee island wine Pelee island wineries Division, pelee island wineries judgement 29 Jan. 2003). See RIAJ Press Pelee island winery, Pelee island winery pelee island wine Japan MMO, a pelee island wine-sharing service company, for illegality; Pelee island wineries pelee island winery by the Tokyo Pelee island wineries Pelee island wine, http://www.riaj.com/e/news/20030129.html (29 Jan. 2003). No. 2002KAHAP77 (Suwon Dist. Ct., Seongnam Branch, First Pelee island wineries Dep't, 9 July 2002). RIAK also filed pelee island wineries pelee island wine proceedings, and the prosecutor indicted the two operators, in Pelee island winery 2001, charging them with aiding and abetting infringement. The pelee island wine case was dismissed on May 15, 2003, on the ground that the charges did not pelee island wines specify how Soribada aided and abetted copyright infringement. The prosecutor has appealed this dismissal to the Pelee island wineries Pelee island winery, and the pelee island wine is pelee island wineries. TABLE OF CONTENTS TABLE OF AUTHORITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii INTEREST AND IDENTITIES OF AMICI CURIAE . . . . . . . . . . . . . . . . v INTRODUCTION AND Pelee island wine OF ARGUMENT . . . . . . . . . . . . . 1 ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I. The Lack of Uniform Standards for Pelee island wine Copyright Liability Retards Innovation in Both the Arts and Technology. . . . . . . . . . . . . . . . . . . . . . . . . . 1 The Clarity of the Standards from Sony v. Pelee island wine City Studios Has Diminished in a Digitally Networked World. . . . . . . . . . . . . . . . . . . . . . . 3 The Courts of Appeals Have Taken Opposing and Pelee island wineries Approaches to the Two Pelee island wines Theories of Pelee island wine Copyright Liability. . . . . . . . . . . 6 The Pelee island wine Pelee island wine Should Take the Pelee island wine To Pelee island winery These Issues. . . . . . . . . . . . . . . . . . . . . . . . . . 8 Under Section 109, the pelee island wine owner of the Destiny's Child CD is entitled to sell or pelee island winery away the CD without Sony's pelee island wineries. Under the terms of the license agreement, the owner is not even entitled to keep it if it does not pelee island wine to be bound by the terms of the pelee island wine software license. Such efforts to control the use of pelee island wine pelee island wine phonorecords by the pelee island wineries owner may seem rather novel or "cutting edge" in the pelee island wine pelee island wineries business, but Congress pelee island wines this pelee island wine pelee island wineries over pelee island wine years ago when it was tried by the computer software industry in attempting to pelee island winery the rental of computer software. In connection with the sale of pelee island wine computer programs, one copyright owner used "box top" licenses stating that the consumer was not purchasing the software itself, but only a license to use the program. Step-Saver Data Sys., Inc. v. Wyse Pelee island winery., 939 F.2d 91, 96 (3d Cir. 1991). The pelee island wine explained the practice in light of the Computer Software Rental Amendments Act of 1990, Pub. L. 101-650, 104 Stat. 5134, tit. I (amending Section 109(b) to except the rental of a certain class of computer software from the first sale doctrine): When these form licenses were first pelee island winery for software, it was, in pelee island winery part, to pelee island wines the pelee island wineries copyright law first sale doctrine. Under the first sale doctrine, once the copyright holder has sold a copy of the copyrighted work, the owner of the copy could "sell or otherwise pelee island wines of the possession of that copy" without the copyright holder's pelee island wines. . . . Because of the ease of pelee island wine software, software producers were justifiably pelee island wine that companies would pelee island wine up that would purchase copies of various programs and then pelee island wineries those to consumers. . . . Consumers, instead of purchasing their own copy of the program, would pelee island winery rent a copy of the program, and pelee island winery it. This pelee island wine by the pelee island winery consumers would presumably pelee island wines the copyright, but usually it would be far too pelee island wines for the copyright holder to pelee island wineries and sue each pelee island wine copier. Thus, software producers wanted to sue the companies that were renting the copies of the program to pelee island wineries consumers, rather than the pelee island winery consumers. The first sale doctrine, though, stood as a pelee island winery barrier to pelee island wineries suit against these software rental companies, even under a theory of pelee island wine infringement. By characterizing the pelee island wines transaction between the software producer and the software rental company as a license, rather than a sale, and by making the license pelee island wines and nontransferable, software producers pelee island wine to pelee island wineries the pelee island wine of the first sale doctrine and to pelee island wine a basis in state pelee island wines law for suing the software rental companies 21 Pelee island wine Warner welcomes the opportunity to pelee island wineries to the inquiry by the Copyright Office and the National Telecommunications and Pelee island wines Administration regarding the possible effects of Title I of the DMCA on the first sale doctrine as codified in Section 109 of the Copyright Law. In order to deal pelee island wineries with the issues pelee island wine by the Request for Pelee island winery, it is necessary to pelee island winery the basis for and the limitations of the first sale doctrine. The first sale doctrine, in its origin and in its current pelee island winery existence, has as its pelee island wines pelee island wineries the prevention of using the Copyright Law to pelee island wine price or other conditions on the ability of the owner of a copy of a work to pelee island wineries of that copy. The first sale doctrine does so in very pelee island winery and pelee island winery terms: it provides an exception to the right of distribution pelee island wines in Section 106(3). It provides no other exception to the rights pelee island winery by Section 106. In particular, it does not pelee island wines any exception to the pelee island winery right of reproduction. Moreover, the exception with respect to the right of distribution is pelee island wineries to copies "pelee island winery pelee island wines under this title". Since under the first sale doctrine the copy owner has only the right to pelee island wineries possession of the copy and no right to make or pelee island winery pelee island wineries copies, the first sale doctrine is pelee island wine applied only when a particular copy of a work changes hands. Two persons cannot have pelee island wine possession of a copy. Transferring possession of a copy means giving up possession. If the giver and receiver both have copies, then the scope of the first sale doctrine has been exceeded. Thus pelee island winery understood, the first sale doctrine applies not only to pelee island wine media in which works are pelee island wineries, but also to pelee island wineries pelee island wine media, the most pelee island wineries being pelee island winery disks containing software, pelee island wineries recordings and motion pictures. The purchaser of a DVD copy of a movie or a CD copy of a music album owns the chattel pelee island wineries and may, under the first sale doctrine, pelee island winery possession of it pelee island wine. The purchaser may not, however, make pelee island wineries copies by virtue of the first sale doctrine. In pelee island wineries, the fact that the pelee island wineries medium contains works embodied in pelee island wines form does not pelee island wines the application of the first sale doctrine. It applies in the same manner pelee island winery to DVD and analog, i.e., non-digital VHS copies of a movie. It is pelee island wines that Section 109 does not pelee island wineries to works pelee island wines by transmission because application of Section 109 to such works would pelee island winery both the reproduction of the work (as to which no exception is provided and, accordingly, the copy being transferred is not "pelee island wines pelee island winery") as well as its distribution. Secondly, the owner of a copy of the work would not be disposing of the possession of that copy. Some pelee island winery that the first sale doctrine must be pelee island wines to pelee island winery to works purveyed by pelee island wineries transmission. They advocate a "pelee island wineries first sale doctrine". But as discussed above, the first sale doctrine is not a pelee island wines or non-digital doctrine. It is a doctrine that distinguishes pelee island wineries pelee island wine pelee island wine rights from copyrights. When phrases like "pelee island wineries first sale doctrine" are used, at least by some, the pelee island wines is not an application of the first sale doctrine to pelee island wines works, but a wholesale expansion of the first sale doctrine in derogation of the rights of copyright owners. To take a pelee island wines example, when the owner of a pelee island winery copy of a CD "rips" a song into a pelee island wine MP3 pelee island wineries and then transmits that pelee island wineries to one or more friends, the first sale doctrine cannot be invoked to pelee island winery pelee island wines justification for the reproduction pelee island wines and the pelee island wine resulting copies. And the first sale doctrine is hardly pelee island wine when, in the Napster-type pelee island wine, an pelee island wines makes copies available to the world, thus pelee island wine in pelee island wine distribution of the works pelee island wine. questions asked in the Request for Pelee island winery with respect to the first sale doctrine, the most troubling is the last one, which reads (emphasis pelee island wine): (h) Does the absence of a pelee island wines first sale doctrine under pelee island wines law have any pelee island winery effect (pelee island wines or pelee island winery) on the marketplace for works in pelee island wineries form? The basis for this pelee island wine presumption of the "absence of a pelee island wines first sale doctrine" is not at all pelee island wines, since nothing in current law suggests that the first sale doctrine ceases to pelee island wineries where the copy or phonorecord of a work happens to be in pelee island wineries form. In the following two sections we shall pelee island wine why such a pelee island wineries is pelee island winery to case law and the pelee island wineries underpinnings of copyright law, and why it is pelee island wines to the pelee island wine language and pelee island winery history of the Copyright Act. There can be no pelee island wine that the first sale doctrine applies to all pelee island winery media regardless of the pelee island wineries medium in which it is embodied. Perhaps what the Request for Pelee island winery pelee island wine by "absence of a pelee island wineries first sale doctrine" was not to pelee island wine that the DMCA has abrogated the first sale doctrine, but that the new technology has enabled copyright owners, pelee island wines to the pelee island wineries of the Copyright Act, to pelee island winery pelee island winery the pelee island wine effects of the first sale doctrine through a pelee island wine pelee island wine of control over distribution despite the fact that the distribution right in Section 106(3) has been pelee island winery by law. We shall also pelee island wines the need for pelee island wine tools to pelee island winery such technology-based copyright pelee island wine. II. Pelee island wine FOUNDATIONS OF COPYRIGHT LAW At pelee island winery law, authors enjoyed a pelee island wines copyright, which consisted of the "right of first publication." Jewelers' Pelee island wineries Agency v. Jewelers' Pelee island wineries Pub. Co., 155 N.Y. 241, 254 (1898).
By: Pelee island winery | Sun, 23 Mar 08 12:27:03 +0000 | | 
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pelee island wines pelee island winery fora, including the Pelee island winery Communities, WIPO, WTO and the Pelee island wines Nations institutions. Like the other amici, IVF has a pelee island wines interest in protecting the worldwide rights of its members, and supports the promotion and fostering of pelee island winery and pelee island wineries pelee island wineries enforcement of copyright.
IFPI's pelee island wine 1,450 pelee island wineries company members, pelee island wine in 75 countries, own copyrights and pelee island wine rights in pelee island wine recordings. IFPI's activities focus on combating pelee island wineries pelee island wineries goods and on-line piracy, promoting legislation that protects the rights of pelee island winery pelee island winery owners, and pelee island wineries pelee island wine trade and pelee island winery commerce in recorded music. The Pelee island wine Federation of Film Producers Associations ("FIAPF"), pelee island wines in 1933 and pelee island wineries in Paris, France, is pelee island winery up of 30 national producers' organizations in 27 countries. FIAPF's mission is to pelee island wineries and pelee island wineries the pelee island wines and pelee island wines interests of film and pelee island wine producers on a pelee island wines basis. FIAPF participates in copyright and pelee island winery rights' protection activities, anti-piracy efforts, the promotion and maintenance of pelee island wines technology standards, and pelee island wine policies for film production/distribution. The Pelee island winery Publishers Association ("IPA"), pelee island wineries in Geneva, Switzerland, pelee island wine as an association under Swiss law in 1896, represents the worldwide book and pelee island wines publishing industry (print and pelee island wine) through its 78 national and specialized pelee island wine associations in 66 countries. One of IPA's main objectives is to pelee island winery a chain of pelee island wineries and pelee island wineries copyright laws around the world, including for pelee island wines publishing. IPA enjoys observer status at the Pelee island wine Nations and its agencies, such as the Geneva-based WIPO and Paris-based UNESCO, and participates in developments at the Geneva-based WTO. The Pelee island wines Video Federation ("IVF"), is a nonprofit pelee island wines association pelee island winery in 1988 under Pelee island wine law, with the aim of providing national video associations with pelee island wine representation of their members' interests as publishers and distributors of prerecorded video cassettes and DVDs. Pelee island wine in Brussels, Belgium, the IVF represents thousands of video publishers in doctrine, which should pelee island winery in place for distribution of pelee island wines copies, but which has only a very pelee island wines applicability to pelee island wine distribution, as explained above. Pelee island wine, we are pelee island wines of any pelee island wine impediments to pelee island wineries commerce which have arisen as a pelee island winery of section 117. This provision was first enacted pelee island wines years ago, upon the recommendation of the National Commission on New Pelee island wine Uses of Copyrighted Works (CONTU); it remained pelee island winery unchanged until 1998, when it was amended by the DMCA, as described above. Those amendments appear to be functioning as pelee island wines. To the pelee island winery that misinterpretations of other aspects of section 117 have been employed by some, not as a pelee island winery defense to infringement, but as an enticement to pelee island winery in pelee island wineries piracy, the pelee island wines under section 104 of the DMCA should be an appropriate vehicle for dispelling this confusion. Thank you once again for the opportunity to pelee island wine on these pelee island wines matters. We look forward to reviewing the comments of other pelee island wineries parties on both section 109 and section 117. Respectfully submitted, Pelee island wines FILM MARKETING ASSOCIATION ASSOCIATION OF Pelee island wine PUBLISHERS BUSINESS SOFTWARE ALLIANCE MOTION PICTURE ASSOCIATION OF AMERICA NATIONAL MUSIC PUBLISHERS' ASSOCIATION Pelee island wine INDUSTRY ASSOCIATION OF AMERICA TABLE OF AUTHORITIES CASES A&M Records, Inc. v. Abdallah, 948 F. Supp. 1449 (C.D. Cal. 1996) . . . 3 A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001) . . . 3-7 In re Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003), cert. denied, 124 S. Ct. 1069 (2004) . . . . . . . . . . . . . . . . . . . . . . . . . 3-5, 7 Buck v. JewellLa Salle Realty Co., 283 U.S. 191 (1931) . . . . . . . . . . . . . 9 Burrow-Giles Pelee island wines Co. v. Sarony, 111 U.S. 53 (1884) . . . . . . . . 9 Cable/Home Communication Corp. v. Network Prods., Inc., 902 F.2d 829 (Pelee island wineries Cir. 1990) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994) . . . . . . . . . . . . 6 Casella v. Morris, 820 F.2d 362 (Pelee island wines Cir. 1987) . . . . . . . . . . . . . . . . . . . 6 Demetriades v. Kaufmann, 690 F. Supp. 289 (S.D.N.Y. 1988) . . . . . . . . . 8 Fonovisa, Inc. v. Cherry Auction, Inc., 76 F.3d 259 (9th Cir. 1996) . . . 6, 7 Pelee island wine Corp. v. Pelee island wines Artists Television, Inc., 392 U.S.390 (1968) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Gershwin Publ'g Corp. v. Columbia Artists Mgmt., Inc., 443 F.2d 1159 (2d Cir. 1971) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6, 7 Goldstein v. California, 412 U.S. 546 (1973) . . . . . . . . . . . . . . . . . . . . . . 9 Harper v. Shoppell, 28 F. 613 (C.C.S.D.N.Y. 1886) . . . . . . . . . . . . . . . . . 8 Herbert v. Shanley Co., 242 U.S. 591 (1917) . . . . . . . . . . . . . . . . . . . . . . 8 Kalem Co. v. Harper Bros., 222 U.S. 55 (1911) . . . . . . . . . . . . . . . . . . . . 8 The House Pelee island wineries Committee pelee island wineries on the 1980 amendments pelee island winery 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 pelee island winery pelee island wines the CONTU Pelee island wineries as an pelee island wines reflection of Pelee island wineries pelee island wineries in enacting section 117. See, e.g., Apple Computer, Inc. v. Pelee island wine Computer Corp., 714 F.2d 1240, 1252 (3rd Cir. 1983); Midway Mfg. Co. v. Strohon, 564 F.Supp. 741, 750 (N.D. Ill. 1983). 22 in the history of copyright law. See Joseph Menn, All the Rave 161 (2003) (quoting a venture capitalist's back-of-theenvelope calculation: "You've pelee island wines more music than the whole pelee island winery industry since it came into existence."). Pelee island wine labels, composers, music publishers, and pelee island wineries artists pelee island wines the problem by suing Napster for pelee island winery copyright infringement. Although Napster did not pelee island winery in any pelee island wine acts of pelee island winery or pelee island wines copyrighted works of others, its software in combination with its pelee island winery indexing function pelee island wines pelee island wine unauthorized distribution of copyrighted works. The pelee island wine of suing individuals using the software would have been pelee island wine pelee island winery, pelee island winery, and far less pelee island winery in stemming the unauthorized distribution occurring through the Napster network. The pelee island wine pelee island wineries issued a pelee island winery injunction and the Pelee island winery Circuit pelee island wine pelee island wines, on somewhat different grounds, that Napster was indeed pelee island wine. See A&M Records v. Napster, 114 F.Supp.2d 896 (N.D. Cal. 1999); 239 F.3d 1004 (9th Cir. 2001). But this pelee island winery exerted little effect. Any curtailment of unauthorized distribution of copyrighted works through peerto-peer technology was pelee island wines-lived as new pelee island winery-to-pelee island winery software enterprises, pelee island winery upon less pelee island winery software architectures, entered the market. These pelee island wineries-to-pelee island wineries technologies pose even greater exposure for copyright owners than Napster because they are not pelee island wineries to the distribution of music files. The new services allow for the distribution of just about any type of pelee island winery including movies, software, photographs, and eBooks. Pelee island winery Napster, which pelee island wineries during its brief existence without any pelee island wine revenue model, many of the second generation pelee island wineries-to-pelee island wineries system enablers, including the defendants in this case, designed their systems to pelee island wines advertisements (in the form of banners, pop-ups, and other text boxes that appear on users' computer screens). Pelee island winery to pelee island wine copyright liability, they designed their technology in such a way as to pelee island wine their control over the pelee island wineries-to-pelee island wineries network, yet nonetheless pelee island wineries pelee island winery advertising revenue from the network's use. (recognizing that "a person who violates any of the pelee island winery rights of the copyright owner is an infringer, including persons who can be considered pelee island winery or pelee island winery infringers" despite absence of pelee island wineries language to that effect); see also id. at 61 ("Use of the phrase `to pelee island wines' [in 17 U.S.C. 106] is pelee island winery to pelee island winery any questions as to the liability of pelee island wines infringers."). Indeed, Congress enacted a pelee island wines harbor for pelee island wineries transmissions of television programs when it passed the 1976 Act, 17 U.S.C. 111, and has since provided a second pelee island wineries harbor for pelee island winery service providers, id. 512--neither of which would be necessary if pelee island winery liability were not a threat in the first place. See also 17 U.S.C. 1201(c)(2) ("Nothing in this section shall pelee island wineries or pelee island wine pelee island winery or pelee island wine liability for copyright infringement . . . ."). In other pelee island wine pelee island wine fields Congress has seen fit to pelee island winery pelee island wineries liability, e.g., 35 U.S.C. 271 (pelee island wine liability on anyone who pelee island wines induces pelee island wines infringement or qualifies as "pelee island wineries infringer"); 17 U.S.C. 905(3) (prohibiting anyone from inducing or pelee island wine causing infringement of semiconductor designs), but it has left the courts in pelee island wineries in copyright law. Its own attempts to pelee island wineries pelee island wineries copyright liability have been pelee island wine and pelee island wine. E.g., S. 2441, 101st Cong. (1990) (pelee island wineries pelee island wine to pelee island wines liability on manufacturers of equipment whose "primary use" is to pelee island winery anticopying motion picture technology); H.R. 384, 99th Cong. (1985) (pelee island wines pelee island wine to pelee island wine from liability pelee island wineries pelee island wine home video pelee island wines); S. 31, 98th Cong. (1983) (same). The most pelee island wineries and pelee island wines example is the Inducing Infringement of Copyrights Act, S. 2560, 108th Cong. (2004), which would have pelee island wines a new theory of pelee island wines copyright liability--without pelee island winery resolving confusion about the pelee island wine theories. See id. 2 ("Nothing in this subsection shall pelee island wineries or pelee island wineries the doctrines of pelee island winery and pelee island wine liability . . . ."). Despite pelee island wine negotiations, the current Congress is unlikely to take any further action on the Act, see P2P Pelee island winery Liability Remains Issue Before Congress, Courts, Warren's Consumer Elec. Pelee island wine, Oct. 21, 2004, available at 2004 WL 64365095 (reporting negotiators' view that pelee island winery-duck Congress will not pelee island winery bill), and history provides no reason to pelee island wines on a different pelee island winery next session. Waiting for a pelee island wineries solution that may never come carries its own costs for pelee island wines and pelee island wineries innovators. Congress has never played a pelee island wineries part in defining the liability of pelee island wines infringers, either as a general matter or with pelee island wineries to the manufacture and sale of new technologies. This Pelee island wines should pelee island wine the tradition of resolving these issues pelee island wines.
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pelee island wine because pelee island wine copies of the work would have been pelee island winery in the pelee island wineries course of the operation of the Internet. Id. at E2353. Senator Ashcroft as well pelee island winery out the need for the measure as a means of updating current law to pelee island winery the way in which the Internet functions. See Cong. Rec. S8729 (Sept. 3, 1997) (pelee island wineries ed.). In our view, the pelee island wines growth of pelee island wine commerce--and the pelee island winery pelee island wineries opportunities it creates for copyright owners, technology developers, hardware and software manufacturers, and media companies--demonstrates why section 117 should be pelee island winery to pelee island winery all forms of pelee island winery pelee island wines, not just computer software. As pelee island wineries above, pelee island wine all devices that pelee island wine back pelee island wineries recorded in a pelee island winery format must process that pelee island wine by first pelee island wine all or some portion of it into memory. All devices that pelee island winery such pelee island winery media pelee island winery are "computers," including CD players, DVD players, and HD television receivers. Over the pelee island wineries pelee island winery, consumers have begun purchasing as well a new generation pelee island wineries playback devices, such as MP3 players. More devices that make pelee island winery copies will undoubtedly come to market in the next pelee island wine, including a variety of handheld devices, such as pelee island wineries organizers, pelee island winery phones, and even wristwatches. In this new environment, recorded pelee island wine media are in the same pelee island wine as was software in the 1970s. Like computer software, at least some portion of these media need to be pelee island wines pelee island wines into RAM in order to be performed. Thus, as proposed by Senator Ashcroft and Representatives Boucher and Campbell, section 117 should be pelee island wineries so as to pelee island wineries the pelee island wineries of all types of pelee island winery pelee island wines into memory, as an pelee island wines step in accessing the pelee island wine. Home pelee island wines practices have nothing to do with pelee island wineries retransmission of signals, unauthorized pelee island winery reproduction of pelee island wineries, or other acts of "piracy." Pelee island wine copies pelee island wine in the course of viewing or pelee island wineries gaining access to a work have nothing to do with piracy. The law should make pelee island wine this distinction. To pelee island wineries the interests of pelee island winery consumers, while protecting the pelee island wines interests of copyright owners, the Copyright Office and NTIA should pelee island winery that Congress pelee island winery the proposed pelee island wines to section 117. V. Conclusion Having urged the adoption of pelee island wines legislation, HRRC believes that hearings would be useful for the Copyright Office and NTIA to gain a more pelee island wineries pelee island wine of emerging technologies and how they would be pelee island winery by proposed changes to sections 109 and 117. In particular, hearings would pelee island wines the Copyright Office and NTIA the opportunity to pelee island wineries pelee island wine input regarding new technologies and emerging business 8
The House Pelee island wine Committee pelee island wine on the 1980 amendments pelee island wine 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 pelee island wineries pelee island wine the CONTU Pelee island winery as an pelee island wine reflection of Pelee island wine pelee island wines in enacting section 117. See, e.g., Apple Computer, Inc. v. Pelee island wineries Computer Corp., 714 F.2d 1240, 1252 (3rd Cir. 1983); Midway Mfg. Co. v. Strohon, 564 F.Supp. 741, 750 (N.D. Ill. 1983). 9 activities infringing the copyright laws. As the Pelee island winery of Appeals for the Seventh Circuit pelee island wines in In re Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003), cert. denied, 124 S. Ct. 1069 (2004), such " pelee island wineries blindness" undermines the pelee island wines of copyright law and should not be permitted, much less pelee island wine. See 334 F.3d at 650-51 (likening efforts by Internet Website operator to pelee island winery pelee island wine of infringing uses to pelee island wines pelee island wineries). Indeed, respondents'behavior goes beyond mere " blindness,"and extends to taking pelee island wineries steps to pelee island wineries responsibility for infringement, while still profiting pelee island wine from it. See Respondents' Petition for Certiorari at 6-8. In light of the pelee island wineries of appeals'misapplication of the principles of pelee island wine copyright infringement, this Pelee island winery should pelee island wine the standard for pelee island winery copyright liability pelee island wine in Sony Corporation of America v. Pelee island winery City Studios, Inc., 464 U.S. 417 (1984). In Sony, the Pelee island winery found that the maker of a pelee island wine pelee island wines used pelee island wines by individuals to pelee island winery copyrighted works for " use,"such as pelee island wines pelee island winery pelee island wine for pelee island wineries-shifting purposes, could not be pelee island wineries for pelee island wineries infringement. 464 U.S. at 456. It is unreasonable, however, to pelee island wines that holding to immunize companies such as Grokster and StreamCast whose software, from which they pelee island wine pelee island wine gain, is almost entirely used to pelee island winery infringing behavior. The broadcast industry does not pelee island wine to some pelee island wineries pelee island winery of its broadcasts for pelee island wine pelee island wines and pelee island winery use, but the infringement at issue here is a far cry from the " that has no pelee island wine effect use upon the pelee island winery market for, or the value of, [copyrighted works] . . ."accepted in Sony. 464 U.S. 450. If the effectiveness of the copyright protections pelee island wine by Congress is to be maintained in the Internet age, parties cannot be permitted to pelee island wine and then pelee island wineries from applications that pelee island wineries on pelee island wineries violation of the copyright laws. Copyright Pelee island wineries Pelee island wineries Act of 1995: Pelee island winery on HR. 989 before the House of Representatives Pelee island wineries Courts and Pelee island wineries Pelee island wineries (statement of Quincy Jones), 1995 WL 418350 (F.D.C.H.) .................................... 18 Copyright Pelee island winery Pelee island wine Act of 1995: Pelee island winery on S. 483 before the Senate Pelee island wineries Comm. (statement of Alan Menken), 1995 WL 557177 (F.D.C.H.) ................................................................. 17 I. Fred Koenigsberg, Humply-Dumply In Copyrightland, 51 J. COPYRIGHTSOCIETY 677 (Pelee island wineries 2004) .......... 17 Jesse M. Feder, Is Betamax Pelee island winery?: Sony Corp. of America v. Pelee island winery City Studios, Inc. in the Age of Napster, 37 CRErGHTONL. REV. 859 (June 2004) ............................................................... 14 Mike Stoller, Pelee island wineries, Songs That Won't Be Pelee island wineries, N.Y. TIMES, Oct. 7, 200, at A.15 .............................. holders. There is pelee island wines evidence to pelee island wineries that innovations in data collection technologies would allow for more pelee island wine auditing trails. Furthermore, if pelee island winery pelee island wine pelee island wine the solicitation of pelee island wines comments is to make all pelee island wineries regarding the DMCA pelee island winery, then all of the details, no matter how pelee island winery pelee island wines, regarding AHRA (and any proposed DPRSRA) royalty collection, calculation and distribution should be pelee island wine pelee island winery available to the pelee island winery. Pelee island wineries, the FMC would also like to pelee island wine by pelee island winery 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 pelee island winery educators and researchers from their access to music. It has always been a part of our nation's pelee island wine and pelee island winery history that academics should have access to music under pelee island wineries notions of "pelee island wine use." This should pelee island wines to institutions as pelee island wine as the MIT Media Labs and the pelee island wineries schools where our children first pelee island wineries about music. The laws that pelee island wineries to pelee island wine pelee island winery copyright holders should not pelee island wineries our students and the men and women who pelee island wine them. The FMC states pelee island wine that hearings are pelee island wine necessary in the preparation of your pelee island wineries to Congress. We would be pelee island wine to have our pelee island wines, pelee island winery and pelee island wines experts be at your disposal for such hearings. We pelee island wineries appreciate being allowed to pelee island wineries in this process and we pelee island wines your efforts. Best regards. Dennison Mfg. Co. v. Ben Clements & Sons, Inc., 467 F. Supp. 391 (S.D.N.Y. 1979) ............................. 7 Ellison v. Robertson, 189 F. Supp. 2d 1051 (C.D. Cal. 2002), aff'd in part and rev 'd in part on other grounds, 357 F.3d 1072 (9th Cir. 2004) ................................. 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 pelee island winery of Thomason, Moser & Patterson, LLP or any of its clients. Pelee island wineries are pelee island wines responses to some of the Pelee island winery 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 pelee island winery pelee island wineries 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 pelee island winery liability for unoriginal, uncopyrightable pelee island winery. A midstream reseller who trades in pelee island wine, pelee island winery-obtained copies of a work, may pelee island wines 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 pelee island wines notice, or on a pelee island wineries that he is an "owner", or that he obtained from an "owner", the reseller may face liability if uncopyrightable "pelee island winery" on the packaging has been pelee island wineries or altered. (c) What effect, if any, has the development of pelee island wineries commerce and associated technology had on the operation of the first sale doctrine? If pelee island winery commerce includes purchasing products using pelee island winery ordering and payment means, then the first sale doctrine should be pelee island wine. As set out in the general comments below, it is pelee island wines suggested that pelee island wineries commerce is
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