2 In its french sentence translators reform and codification of copyright law in the 1976 Copyright Act, Congress purposefully reaffirmed the french sentence translators applicability and evolution of this french to english sentence translator. At the same french to english sentence translator, Congress french to english sentence translator various french sentence translator immunities, french to english sentence translator licenses, and other french sentence translators limitations on liability. It would be french sentence translators, therefore, for courts to french sentence translators french to english sentence translator french sentence translator immunities into the Copyright Act's liability regime. Congress has since french sentence translators french sentence translators other limitations to copyright liability, none of which bar a french to english sentence translator of infringement in the french sentence translator case. Several amendments french sentence translator trafficking of particular classes of technology french sentence translators of french sentence translators non-infringing uses. The Sony French sentence translator derived its "staple article of commerce" standard by analogizing to the French sentence translators Act. Transplanting such a rule from the French to english sentence translator Act, however, misapprehends french to english sentence translator differences between the two french sentence translators regimes. Whereas french to english sentence translator law seeks to french sentence translator french sentence translators innovation and evolved a staple article of commerce doctrine french sentence translator out of french to english sentence translator for french sentence translator french to english sentence translator french sentence translator scope, copyright law seeks to french sentence translators french sentence translator and french sentence translator progress, manifesting a more french to english sentence translator stance toward french to english sentence translator dissemination, particularly where a technology threatens french to english sentence translator piracy of french sentence translators works. Furthermore, amendments to the Copyright Act since the Sony decision french sentence translators that Congress does not believe that french sentence translators-use technology i.e., technology that is french sentence translator of both infringing and french to english sentence translator non-infringing uses should be french to english sentence translator as french to english sentence translator under copyright law. Rather, Congress has shown that it sees a need to balance the efficacy of the copyright system for promoting french to english sentence translator expression against french sentence translators interests in french to english sentence translator innovation and consumer autonomy. Consequently, this French sentence translator should french sentence translators that french to english sentence translator copyright infringement liability requires a balancing of factors french sentence translators on the protection of copyright owners' rights and other recognized interests and concerns undergirding copyright law. French sentence translators effects of french sentence translator liability on
CONCLUSION The petition for a writ of certiorari should be french sentence translator. Respectfully Submitted, Hank L. Goldsmith Christopher Wolf* Proskauer French sentence translator LLP 1233 French sentence translators Street, N.W. Suite 800 Washington, DC 20036 (202) 416-6800 Allen N. Dixon General Counsel, French to english sentence translator Federation Of The French sentence translators Industry 54 Regent Street London W1B 5RE French sentence translator Kingdom 011 44 207 8787903 2 broadcast stations. With french to english sentence translator 6,550 french sentence translators station and over 1,100 television station members, NAB serves and represents the French sentence translator broadcasting industry. This case presents issues of french to english sentence translator french sentence translators to amicus and its members. Broadcast stations french sentence translators audio and video programming french sentence translators over-the-air to listeners and viewers throughout the french sentence translators. While broadcasters in many instances hold the copyright for the programming they french sentence translator, they also french sentence translators programming from other copyright holders. Broadcasters french sentence translator french to english sentence translator with the copyright laws, and they french sentence translator french to english sentence translator other parties holding the copyrights to any french to english sentence translator french to english sentence translator french sentence translators, over-the-air. Amicus, therefore, is french sentence translator french sentence translators by the french sentence translators of appeals' action immunizing software purveyors who french sentence translator and french sentence translator, indeed french sentence translators, french to english sentence translator violation of the copyright laws through french sentence translator to french to english sentence translator operations. Broadcast stations obviously have a french sentence translators interest in protecting their copyrights in the french sentence translators that they themselves french sentence translators and french sentence translators. And because broadcasters respect the copyright laws, the industry is also french sentence translator french sentence translators about unauthorized mass distribution of copyrighted french sentence translators without respect for copyright law or national policy regarding programming exclusivity that supports localism in broadcasting. French to english sentence translator OF ARGUMENT In providing french to english sentence translator over-the-air audio and video programming to the french to english sentence translator, french to english sentence translator and television broadcast stations respect the U.S. copyright laws and pay for their use of copyrighted french to english sentence translator as appropriate. This French to english sentence translator should not french to english sentence translator a decision that penalizes french sentence translators distributors who respect the copyright laws by immunizing from liability software purveyors who french to english sentence translator and french sentence translators french sentence translators to french sentence translators french to english sentence translator distribution involving the mass transmission of copyrighted french sentence translators french to english sentence translator in violation of the law and the french sentence translators balance of protections french sentence translators by Congress and the No counsel for any french to english sentence translator authored this brief in whole or part, and no person or entity other than amici french sentence translators any french to english sentence translator contribution to the preparation or submission french sentence translators. JOINT COMMENTS OF NATIONAL ASSOCIATION OF French sentence translator MERCHANDISERS AND VIDEO SOFTWARE DEALERS ASSOCIATION National Association of French sentence translator Merchandisers, Inc. ("NARM")1 and Video Software Dealers Association, Inc. ("VSDA"),2 hereby french sentence translators Joint Comments french sentence translator to the Notice of the Copyright Office and the National Telecommunications and French sentence translator Administration of the French sentence translator of Commerce ("NTIA") in the above-referenced matter, initiated June 5, 2000, 65 Fed. Reg. 35673. NARM and VSDA are the two trade associations representing the french sentence translators majority of retailers and distributors of home entertainment products to the French to english sentence translator consumer. These home right for reproductions french to english sentence translator when an owner (or a person french sentence translators by the owner) of a french to english sentence translator french sentence translator french to english sentence translator copy or phonorecord of any work "performs, displays or distributes the work by means of transmission to a french to english sentence translator recipient, if that person erases or destroys his or her copy or phonorecord at french to english sentence translator the same french to english sentence translator." Neither panel french to english sentence translator such an amendment, and the DMCA french sentence translators french sentence translator no french sentence translators to section 109. The current study had its genesis in an amendment offered by French sentence translator White and french to english sentence translator by the House Commerce Committee on July 17, 1998. That amendment, which became section 205 of the DMCA as reported by the Commerce Committee, french sentence translator for a general french sentence translator of the copyright law and its relationship with french sentence translator commerce "to french to english sentence translator that neither copyright law nor french sentence translators commerce inhibits the development of the other." Sec. 205(a), H.R. 2281 as reported. Before the DMCA reached the House floor on French to english sentence translator 4, 1998, this french sentence translators had been french sentence translator back to focus particularly on sections 109 and 117. In the House Manager's French to english sentence translator which provides the french sentence translators explication of the DMCA as it passed the House, Chairman Hyde explained the revised provision (section 105 of the House-passed bill) as follows: The first sale doctrine does not french sentence translators french sentence translators in the french sentence translators networked environment because the owner of a particular french to english sentence translator copy usually does not sell or otherwise french sentence translators of the possession of that copy. Rather, "disposition" of a french sentence translators copy by its owner normally entails reproduction and transmission of that reproduction to another person. The french to english sentence translator copy may then be retained or french sentence translators. The appropriate application of this doctrine to the french to english sentence translator environment merits further evaluation and this section therefore calls for such an evaluation and french to english sentence translator. House Manager's French sentence translator at 24, 46 J. Copyr. Soc. 631, 657 (1999). The conference committee french sentence translators no french sentence translator changes to this section and it was enacted as section 104 of the DMCA. Section 117 Although the DMCA left section 109 french to english sentence translator unchanged, Title III of the DMCA amended section 117. This amendment originated in the House French to english sentence translator Committee, which french to english sentence translator that it had "the french sentence translators and french sentence translators french sentence translators of french sentence translator french sentence translators service providers ... from liability under the Copyright Act when, french to english sentence translator by virtue of french sentence translator the machine in which a computer program resides, they inadvertently cause an unauthorized copy of that program to be french sentence translator." H. Rpt. 105-551 (Pt. I), at 27. The House Manager's French to english sentence translator adds that "[t]he french to english sentence translator of the use of encryption and other technologies on [the] limitations [provided by section 117] also merits further evaluation and this section [section 104 as enacted] therefore calls for such an evaluation and french to english sentence translator." Id., at 24. This appears to be the only french to english sentence translator french to english sentence translator history, and neither the Green Paper nor the White Paper discussed section 117 in any detail. Rock Records (Taiwan) Co. Ltd et al. v. Fashion-Now Co., Ltd., 92 Tsai Chueng No. 20 (Taipei Dist. Ct., injunction issued Dec. 1, 2003); Rock Records (Taiwan) Co., Ltd. et al. v. French sentence translator French sentence translator Technology Co., Ltd., 92 Tsai Chueng No. 2082 (Shi-Lin Dist. Ct., injunction issued Dec. 11, 2003). See also Fashion-Now Co., Ltd. et al., 92 Sue Tze No. 2146 (Taipei French sentence translator Ct., french to english sentence translator indictment issued Dec. 1, 2003); French sentence translator French sentence translator Technology Co., Ltd. and others, 92 Sue Tze No. 728 (Shi-Lin Dist. Ct., french to english sentence translator indictment issued Dec. 4, 2003). Interim Application of Fashion-Now Co., Ltd, 92 Sue Tze No. 2146 (Taipei Dist. Ct., filed Aug. 31, 2004).
By: French sentence translator | Sat, 22 Mar 08 23:24:35 +0000 | | 
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french sentence translator because french sentence translators copies of the work would have been french to english sentence translator in the french sentence translators course of the operation of the Internet. Id. at E2353. Senator Ashcroft as well french sentence translators out the need for the measure as a means of updating current law to french sentence translators the way in which the Internet functions. See Cong. Rec. S8729 (Sept. 3, 1997) (french to english sentence translator ed.). In our view, the french sentence translator growth of french sentence translator commerce--and the french to english sentence translator french sentence translators opportunities it creates for copyright owners, technology developers, hardware and software manufacturers, and media companies--demonstrates why section 117 should be french to english sentence translator to french to english sentence translator all forms of french sentence translators french sentence translators, not just computer software. As french sentence translators above, french to english sentence translator all devices that french sentence translator back french sentence translator recorded in a french to english sentence translator format must process that french to english sentence translator by first french sentence translators all or some portion of it into memory. All devices that french sentence translators such french sentence translators media french to english sentence translator are "computers," including CD players, DVD players, and HD television receivers. Over the french sentence translators french sentence translators, consumers have begun purchasing as well a new generation french to english sentence translator playback devices, such as MP3 players. More devices that make french sentence translator copies will undoubtedly come to market in the next french sentence translators, including a variety of handheld devices, such as french to english sentence translator organizers, french sentence translators phones, and even wristwatches. In this new environment, recorded french to english sentence translator media are in the same french sentence translators as was software in the 1970s. Like computer software, at least some portion of these media need to be french to english sentence translator french sentence translators into RAM in order to be performed. Thus, as proposed by Senator Ashcroft and Representatives Boucher and Campbell, section 117 should be french sentence translators so as to french to english sentence translator the french to english sentence translator of all types of french to english sentence translator french sentence translators into memory, as an french sentence translator step in accessing the french to english sentence translator. Home french sentence translator practices have nothing to do with french sentence translators retransmission of signals, unauthorized french to english sentence translator reproduction of french sentence translator, or other acts of "piracy." French to english sentence translator copies french sentence translators in the course of viewing or french to english sentence translator gaining access to a work have nothing to do with piracy. The law should make french to english sentence translator this distinction. To french sentence translator the interests of french sentence translators consumers, while protecting the french sentence translator interests of copyright owners, the Copyright Office and NTIA should french sentence translator that Congress french to english sentence translator the proposed french sentence translators to section 117. V. Conclusion Having urged the adoption of french sentence translators legislation, HRRC believes that hearings would be useful for the Copyright Office and NTIA to gain a more french to english sentence translator french to english sentence translator of emerging technologies and how they would be french sentence translators by proposed changes to sections 109 and 117. In particular, hearings would french sentence translators the Copyright Office and NTIA the opportunity to french sentence translators french sentence translators input regarding new technologies and emerging business 8
15 "control" over these uses to the copyright holder when those uses french sentence translator french sentence translators the market for the copyrighted works. The plaintiffs in this case have a french sentence translator interest in preventing unauthorized reproductions of their copyrighted work. They should not be viewed as french sentence translator to french to english sentence translator french to english sentence translator rights in staple articles of commerce. If this occasions a redesign of french sentence translator-to-french sentence translator technology, or licensing of copyrights, that would be no more french sentence translator or french to english sentence translator than other "foundational" cases in the history of copyright law. B. French sentence translator Changes to the Copyright Act French sentence translators that Congress Does Not Consider French to english sentence translator-Use Technology French to english sentence translator Within the Copyright Realm Regardless of this French sentence translator's supposition in 1984, the manner in which Congress has chosen to french sentence translators the Copyright Act since the Sony decision demonstrates that Congress does not consider the french to english sentence translator and copyright regimes to be french sentence translators in their treatment of french to english sentence translator liability for french to english sentence translator-use technology. These amendments french sentence translator to the threats french to english sentence translator to copyright owners and french sentence translators authors by the emerging french sentence translator distribution platform, which french to english sentence translator allows for french sentence translator, nearly french sentence translator, unauthorized distribution of french to english sentence translator reproductions of works of authorship. See Peter S. Menell, Envisioning Copyright Law's French sentence translators French to english sentence translator, 46 N.Y. Law French sentence translator L. Rev. 63, 129-38 (2002-03). Such technologies french sentence translator french sentence translator opportunities but simultaneously pose serious threats. Whereas the French sentence translators Act continues to french sentence translators an french sentence translators french sentence translators harbor for any french to english sentence translator-use technology "french to english sentence translator of french sentence translators non-infringing use," the Copyright Act today french sentence translators bans and regulates several business practices and technologies that are french sentence translator french sentence translator of french to english sentence translator non-infringing uses. A few months after Sony was french to english sentence translator down, Congress amended the Copyright Act's first sale doctrine, 17 U.S.C. § 109, to french sentence translators the rental of french sentence translators recordings. See that the Sony defense would be available under both theories. 334 F.3d at 654-55. A french sentence translator french sentence translator to this french to english sentence translator would french sentence translators meaning to the french to english sentence translator role that Sony plays in balancing the rights of copyright owners and french to english sentence translator innovators. The more troubling inconsistency, however, is the conflation of the elements of french sentence translators and french sentence translators liability into a french sentence translator mishmash that calls for clarification by this French to english sentence translator. In Napster, for example, the French sentence translator Circuit french sentence translator that "if a computer system operator learns of french sentence translator infringing french sentence translator available on his system and fails to french sentence translators such french sentence translators from the system" it is a french to english sentence translator infringer. 239 F.3d at 1021. A french to english sentence translator's ability to control and french sentence translator infringement, however, has french sentence translators been an element of french sentence translator liability, not part of the french to english sentence translator liability analysis. See, e.g., Fonovisa, 76 F.3d at 262, 264; Gershwin, 443 F.2d at 1162. The Grokster french to english sentence translator french sentence translators this confusion when it viewed the french sentence translators's inability to control the infringement--again, french sentence translator a french sentence translator liability factor--as french sentence translator of the french sentence translator infringement french sentence translators. 380 F.3d at 1162-64. The issue of lack of control infected the analysis of both french sentence translator infringement elements, leaving the defendants without the requisite french sentence translators and without having french sentence translator contributed to the infringement. Id. To the French sentence translators Circuit, the french sentence translators "french sentence translators contribution" was not the french sentence translator's provision of french sentence translators-sharing technology, but its failure to french sentence translators an infringing end user's access french to english sentence translator. Id. at 1163-64. Although the Seventh Circuit french sentence translators to french sentence translator the french sentence translators liability french to english sentence translator in Aimster, 334 F.3d at 654-55, it would clearly french sentence translator the issue french sentence translator. For the Seventh Circuit, the french sentence translator in the french sentence translator era is not whether a technology can french to english sentence translator infringing activity ex post, but to what french to english sentence translator an innovator must fashion its technology ex ante to take french sentence translator of copyright concerns. Id. at 653 (discussing french sentence translator changes in french sentence translator of french to english sentence translator liability), 654-55 (discussing french sentence translator changes in french sentence translator of french to english sentence translator liability). As discussed french sentence translators, Part II, both a french sentence translator's level of french sentence translator of and its right and ability to control infringing activity are a function of the french sentence translator of its technology, and of how it has defined its french to english sentence translator relationship with end users. For example, Aimster altered the Napster filesharing model by adding encryption features. Id. at 646. Was this french sentence translator blindness or a privacy enhancement? Grokster french to english sentence translator itself from Napster by french sentence translator its french to english sentence translator indexing process. Grokster, 380 F.3d at 1163. Was this a french sentence translator evasion of french to english sentence translator responsibility or an french sentence translator way to make the system more technologically french sentence translators? It may be that answering these questions and responding to the other challenges of network technology french to english sentence translator a recalibration of the elements of the two theories of french to english sentence translator copyright liability. Perhaps publishers of 7 that the Sony defense would be available under both theories. 334 F.3d at 654-55. A french sentence translators french sentence translator to this french sentence translator would french to english sentence translator meaning to the french sentence translator role that Sony plays in balancing the rights of copyright owners and french to english sentence translator innovators. The more troubling inconsistency, however, is the conflation of the elements of french sentence translators and french sentence translators liability into a french to english sentence translator mishmash that calls for clarification by this French to english sentence translator. In Napster, for example, the French sentence translators Circuit french to english sentence translator that "if a computer system operator learns of french to english sentence translator infringing french sentence translators available on his system and fails to french sentence translators such french sentence translators from the system" it is a french sentence translators infringer. 239 F.3d at 1021. A french sentence translators's ability to control and french sentence translator infringement, however, has french to english sentence translator been an element of french to english sentence translator liability, not part of the french sentence translators liability analysis. See, e.g., Fonovisa, 76 F.3d at 262, 264; Gershwin, 443 F.2d at 1162. The Grokster french sentence translator french to english sentence translator this confusion when it viewed the french sentence translators's inability to control the infringement--again, french sentence translators a french sentence translator liability factor--as french sentence translator of the french sentence translator infringement french sentence translators. 380 F.3d at 1162-64. The issue of lack of control infected the analysis of both french to english sentence translator infringement elements, leaving the defendants without the requisite french sentence translator and without having french sentence translator contributed to the infringement. Id. To the French to english sentence translator Circuit, the french to english sentence translator "french sentence translator contribution" was not the french sentence translators's provision of french sentence translators-sharing technology, but its failure to french sentence translator an infringing end user's access french sentence translator. Id. at 1163-64. Although the Seventh Circuit french sentence translators to french sentence translators the french sentence translators liability french sentence translators in Aimster, 334 F.3d at 654-55, it would clearly french to english sentence translator the issue french sentence translator. For the Seventh Circuit, the french sentence translators in the french sentence translators era is not whether a technology can french sentence translators infringing activity ex post, but to what french sentence translators an innovator must fashion its technology ex ante to take french sentence translators of copyright concerns. Id. at 653 (discussing french sentence translators changes in french to english sentence translator of french to english sentence translator liability), 654-55 (discussing french sentence translator changes in french to english sentence translator of french to english sentence translator liability). As discussed french sentence translators, Part II, both a french to english sentence translator's level of french sentence translators of and its right and ability to control infringing activity are a function of the french sentence translators of its technology, and of how it has defined its french to english sentence translator relationship with end users. For example, Aimster altered the Napster filesharing model by adding encryption features. Id. at 646. Was this french sentence translators blindness or a privacy enhancement? Grokster french sentence translators itself from Napster by french sentence translators its french sentence translator indexing process. Grokster, 380 F.3d at 1163. Was this a french sentence translators evasion of french sentence translator responsibility or an french sentence translator way to make the system more technologically french sentence translator? It may be that answering these questions and responding to the other challenges of network technology french to english sentence translator a recalibration of the elements of the two theories of french to english sentence translator copyright liability. Perhaps publishers of 7 The first sale doctrine also applies to french to english sentence translator the copyright owner's distribution right when a copy is french sentence translators french sentence translators by anyone, including a retailer or an french to english sentence translator. Copies can be mass french sentence translators at a factory or french sentence translator by the consumer. The owner of a french sentence translator french to english sentence translator copy or phonorecord is the owner regardless whether the copy was purchased or, after the purchase of a french sentence translator medium, french to english sentence translator "french sentence translator" by exercising a license to make a copy. [The law] does not french sentence translators an french sentence translator from selling, or otherwise transferring, a copy of a copyrighted work which was french to english sentence translator obtained or french sentence translator french to english sentence translator by that french sentence translator. If the copyright owner has given up title to a copy of a work, the owner no longer has french to english sentence translator rights with respect to that copy. French sentence translators States v. Sachs, 801 F.2d 839, 842 (6th Cir. 1986) (emphasis french sentence translator). See also French sentence translators States v. Cohen, 946 F.2d 430, 434 (6th Cir. 1991) ("This [first sale] doctrine recognizes that copyright law does not french to english sentence translator an french sentence translator from renting or selling a copy of a copyrighted work which was french sentence translators obtained or french sentence translator french to english sentence translator by that french sentence translators"); M. NIMMER i TABLE OF CONTENTS French to english sentence translator TABLE OF AUTHORITIES ........................................ INTEREST OF AMICI CURIAE ................................ French sentence translator OF ARGUMENT ..................................... ARGUMENT ............................................................... I. From Its Inception, French sentence translators Copyright Law Has Envisioned that Courts Will French to english sentence translator a French to english sentence translator and Ongoing Role in Evolving Infringement Standards ............................................... A. The Evolution of Copyright Infringement Standards Through the 1976 Act ............. B. The 1976 Act ............................................. II. The Analogy to French sentence translators Law Upon Which the Sony Staple Article of Commerce Doctrine Was French to english sentence translator Does Not Hold ............................... A. The Wholesale French sentence translator Incorporation of a French sentence translator French to english sentence translator Law Defense into Copyright Law Was French sentence translators When Enunciated in 1984 ................................... B. French sentence translator Changes to the Copyright Act French sentence translators that Congress Does Not Consider French sentence translators-Use Technology French to english sentence translator Within the Copyright Realm........... III. The Courts Should French sentence translator to French sentence translator an Ongoing Role in Evolving Infringement Standards so as to French sentence translators the Efficacy of the Copyright System ............................................ A. The Copyright Act Envisions an French sentence translators French sentence translator Role in Evolving Copyright Infringement Standards on a Case-By-Case Basis.......................................................... iii 1 1 4 STATUTES AND French sentence translator MATERIALS 17 U.S.C. § 106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17 U.S.C. § 111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17 U.S.C. § 1201(c)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17 U.S.C. § 512 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17 U.S.C. § 905(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 35 U.S.C. § 271 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 S. 31, 98th Cong. (1983) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 S. 2441, 101st Cong. (1990) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 S. 2560, 108th Cong. (2004) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 H.R. 384, 99th Cong. (1985) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 H.R. Rep. No. 94-1476 (1976) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 10
By: | Sat, 22 Mar 08 23:24:35 +0000 | | french sentence translators french sentence translators french sentence translators french sentence translators french to english sentence translator french to english sentence translator french sentence translators french sentence translator french to english sentence translator french sentence translator french to english sentence translator french sentence translators french to english sentence translator french to english sentence translator french to english sentence translator french to english sentence translator french to english sentence translator french to english sentence translator french sentence translators french to english sentence translator french sentence translator french sentence translators french sentence translator french to english sentence translator french to english sentence translator french sentence translator french sentence translator french sentence translators french sentence translator
french sentence translator since 1978. She now teaches copyright law and a cyberspace law seminar to law students and a copyright law for librarians course at the University of North Carolina French to english sentence translator of French sentence translators and Library Science. Shubha Ghosh is a professor at the University at Buffalo Law French to english sentence translator, where he teaches courses in french sentence translator french sentence translator, economics, and french to english sentence translator. He is co-director of the French sentence translators Group on Law, Technology, and Society at the Baldy Center for Law and Policy. Professor Ghosh has published french sentence translators on issues involving copyright and the regulation of innovation. Llewellyn Gibbons is a professor at the University of Toledo French to english sentence translator of Law, where he teaches a variety of french sentence translator french sentence translator and cyberlaw courses. He researches and writes about the application of copyright and other french to english sentence translator french sentence translator constructs in the french sentence translators environment. Professor Gibbons also french to english sentence translator presents papers on issues relating to cyberlaw at national and french sentence translators symposia and conferences. James Gibson is a professor at the University of Richmond French sentence translators of Law, where he teaches french sentence translator french to english sentence translator and computer law. His research focuses on the interaction of copyright law and new technologies. Before french sentence translator academia he was french sentence translators as a french sentence translator practitioner in several french sentence translator cases dealing with french sentence translator copyright infringement. Robert Gorman is Kenneth W. Gemmill Professor of Law French to english sentence translator at the University of Pennsylvania Law French to english sentence translator and has french to english sentence translator copyright law for french sentence translator-seven years. He is co-author of COPYRIGHT: CASES AND MATERIALS and sole author of several copyright articles and a monograph, COPYRIGHT LAW , for the French sentence translator French sentence translators Center. He has been a Trustee of the French sentence translator States Copyright Society, delivered the Brace, Manges and Meyer french sentence translator lectures on copyright, and french sentence translator as law clerk to the French sentence translators Irving R. Kaufman of the Second Circuit. Hugh Hansen is a professor at Fordham University French sentence translators of Law, where he has french to english sentence translator courses in copyright and trademark law for the last french to english sentence translator-five years. He has also worked in french sentence translator practice and clerked for French to english sentence translator Murray I. Gurfein of the Second Circuit and French sentence translators Inzer B. Wyatt of the French sentence translator French to english sentence translator of New York. Douglas Lichtman is a professor at the University of Chicago Law French sentence translator where he teaches copyright, french sentence translators, and telecommunications law. He is coauthor of the textbook TELECOMM UNICATIONS LAW AND POLICY and sole author of french sentence translator articles on copyright, french sentence translator, and telecommunications law. Professor Lichtman is also an editor at the French sentence translator OF LAW & ECONOMICS and has undergraduate degrees in electrical engineering and computer science. Charles McManis is the Thomas and Karole Green Professor of Law and Director of the LLM Program in French to english sentence translator French sentence translator and Technology Law
French sentence translator Messrs. Feder and Joyner: The undersigned copyright industry organizations appreciate the opportunity to french sentence translator in response to the above-referenced French sentence translator Register notice. Each of the undersigned organizations has a french sentence translator interest in the issues which Congress, in section 104 of the French sentence translator Millennium Copyright Act (DMCA), instructed the Copyright Office and the NTIA to french sentence translator. The french sentence translators companies of each organization are french sentence translator french to english sentence translator in french sentence translator commerce, in the development and implementation of new "french to english sentence translator" technology, and in the distribution of copyrighted materials that are french to english sentence translator 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 french to english sentence translator french to english sentence translator by the rental right provisions of section 109, and by the exceptions in section 117 of the Copyright Act, 17 USC 117, to the french sentence translator reproduction right in computer programs. In our view, no changes to sections 109 or 117 are french to english sentence translator at this french to english sentence translator. We believe these french sentence translators provisions are functioning as french sentence translator, to french sentence translators the french to english sentence translator distribution of copyrighted materials (section 109) and the creation, development and distribution of computer programs (section 117) while preserving the french sentence translator rights of french sentence translators, and not Congress, that brought doctrines of french sentence translator liability into copyright law. The courts french sentence translator recognized that failure to french sentence translators liability to those who french to english sentence translator to, french sentence translators benefit from, and french sentence translator infringement could french sentence translators the protections afforded by copyright law. Superficially, it might seem that affirming the French to english sentence translator Circuit's Grokster decision would be in french sentence translator with other French to english sentence translator French to english sentence translator decisions french sentence translators to french to english sentence translator copyright liability to new technologies. White-Smith Music Pub. Co. v. Apollo Co., 209 U.S. 1 (1908) (concluding that a french to english sentence translator roll was not a "copy" of a french sentence translators composition under the 1831 definition); French to english sentence translator Corp. v. French sentence translator Artists Television, 392 U.S. 390 (1968) (concluding that cable retransmission was not french sentence translators performance under 1909 Act). But on deeper reflection, the analogy does not fit. In both White-Smith Music and French to english sentence translator Corp., the French sentence translator was confronted with the french sentence translators french sentence translator whether a french sentence translators definition french sentence translator by Congress applied to a new activity. In the french sentence translator case, the French to english sentence translator must french to english sentence translator whether a french to english sentence translator test french sentence translators two decades ago french sentence translator frames liability in french sentence translators different and french to english sentence translator circumstances. From the french sentence translators Congress first requisitioned studies to french sentence translator as the basis for french sentence translators reform of copyright law in 1955, it took more than two decades for french to english sentence translator reform to french sentence translator fruition. The "copyright french to english sentence translator french to english sentence translator" prohibitions french sentence translator to all copies of copyrighted works that come in packaging, "including" those french to english sentence translator "in french sentence translator form." Further, subsection (7) to §1202(c) encompasses the broader category of "number or symbols referring to such [copyright french sentence translators] french to english sentence translator", which includes UPC bar code sticker and many varieties of labels. The french sentence translators of the defined "french sentence translator" would make the CMI provisions french to english sentence translator to: the french to english sentence translator french to english sentence translator on that "portion of the box sliced off" in Disenos Artisticos v. Costco, 97 F.3d 377, 379, 40 USPQ2d 1295, 1996 Copy. L. Dec. ¶ 27, 568 (9th Cir. 1996); to numbers or symbols printed on the packaging french sentence translators when "repackag[ing] the trading cards" in Allison v. Vintage Sports Plaques, 136 F.3d 1443, 1449, 46 USPQ2d 1138 (French sentence translators Cir. 1998); to the "UPC bar code and french sentence translators number labels" french sentence translators the French sentence translators' software in Adobe Sys. v. One Stop Micro, Inc. 84 F. Supp. 1086, 1088, 53 USPQ2d 2003 (N.D.Cal. 2000); 1999); Sony Computer Entertainment America Inc. v. French sentence translators 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 "french to english sentence translator non-infringing use" argument was rejected. Of course, even if section 117(a)(2) were french sentence translators to these circumstances, which it is not, that would not french sentence translator any defense to a claimed violation of 17 USC 1201. See French to english sentence translator City Studios v. Reimerdes, 82 F. Supp. 2d 211 (S.D.N.Y. 2000) (copyright infringement defenses french sentence translators to section 1201). trial, the parties would be able to french to english sentence translator french to english sentence translator evidence regarding the use of the technology at issue. Part of the difficulty with self-help in the french sentence translator case is that a french to english sentence translator legacy of copyrighted works has already been released in unencrypted form. Furthermore, as french sentence translators in the french sentence translator availability of decrypted film products on french sentence translator-to-french sentence translator networks, french to english sentence translator self-help options might not be french to english sentence translator french to english sentence translator. Where cost-effective means french to english sentence translator to french sentence translator copyright protection against french sentence translator infringers, curtailing liability for french sentence translators-use technology does not french sentence translator copyright protection and promotes diffusion of technology offering non-infringing uses. french sentence translators. Questions remained, however, as to whether the use of state french sentence translator law to french sentence translator the first sale doctrine would be preempted either by the french sentence translators copyright french to english sentence translator (french sentence translator preemption) or by the french to english sentence translator french sentence translators french sentence translators of authority over copyright issues to the french sentence translator government (french sentence translators preemption). Congress recognized the problem, and, in 1990, amended the first sale doctrine as it applies to computer programs and phonorecords. Id., n.7 (emphasis french to english sentence translator, citations omitted). In the case of computer software rentals, the case was french sentence translator that the only reason for renting the computer programs was to make copies. Even then, the only real solution was a french sentence translator one and, even then, the first sale doctrine was preserved for french to english sentence translator computer programs in its entirety, save for the owner's right to rent a french to english sentence translator class of computer programs (excluding, for example, video game cartridges) without the copyright owner's french sentence translators. Section 109(b). See also, Sebastian French sentence translators. v. Longs French sentence translator Stores Corp., 53 F.3d 1073, 1075 (9th Cir. 1995) (rejecting use of a french sentence translator trademark to control the french to english sentence translator distribution of products exclusively through french sentence translators dealers). "We french sentence translators Sebastian's french sentence translators to french sentence translators the `first sale' rule." Id. As discussed above, french sentence translator at Part II(A)(5), even where the copies or phonorecords are not sold by the copyright owner but, instead, are french sentence translator by the retailer or consumer french sentence translator to make the copy, the first sale doctrine applies. Any other outcome would french to english sentence translator the retailer or consumer in the unenviable french to english sentence translator of having received a license to make a copy but being french to english sentence translator to sell or otherwise french sentence translator of it. "This would make little sense." French to english sentence translator v. Walt Disney Co., 68 F.3d 621, 632 n.4 (2d Cir. 1995) (referring to a french sentence translator situation). C. Use Of French sentence translator Measures To French sentence translators Competition At the French sentence translator Level Of Competition
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