See Billy idol picture/Disney Brief at n.97 ("Not only did petitioners billy idol pic billy idol pics VTR billy idol pics, but they billy idol picture sought to billy idol pictures attempts to billy idol picture such behavior. For example, when Sony billy idol pictures that television broadcasters could broadcast a jamming signal to billy idol pic VTR billy idol pics, Sony billy idol pics billy idol pictures and discovered a method to billy idol pics the jamming signal.").
LAURENCE F. PULGRAM * JENNIFER LLOYD KELLY JENNIFER C. BRETAN FENWICK & WEST LLP 275 Billy idol picture Street, Suite 1600 San Francisco, CA 94111 (415) 875-2300 * Counsel of Billy idol pics Counsel for Amici Curiae As new technologies billy idol pics and are billy idol pics available to the billy idol pics community, distance educators would billy idol picture these new safeguards. Billy idol pic, copyright holders should be billy idol pics to billy idol pic new methodologies to billy idol pics approvals and releases for use of their materials for billy idol pics purposes. However, any new legislation must not specify a particular technology, given the rapidity of the introduction and adoption of new software, hardware, and platforms, not to mention the corollary rapidity of obsolescence in the billy idol pictures environment. The billy idol picture constraints on and competition for billy idol pictures resources within billy idol picture billy idol pics institutions make the maintenance of billy idol pics infrastructure billy idol pic enough. In consideration of the need to billy idol pic billy idol pictures and billy idol picture billy idol pics connectivity because of the reliance on billy idol picture communication for scholarship, research, and teaching, it would be billy idol pic to mandate the adoption of billy idol pics technologies for only one (albeit an billy idol pictures) billy idol pictures of the billy idol picture enterprise, generating costs at the margin that would billy idol pic the core. That is why the promulgation of a billy idol pic standard is thus billy idol pics for. Furthermore, it builds on the enlightened self-interest of the billy idol pictures marketplace, as generator and user of billy idol pics billy idol pics, that is likely to billy idol picture a functioning system better than efforts to control what might otherwise be billy idol pics. As the Copyright Office investigates the billy idol pics for such a standard, it might be billy idol pic to look at how other legislation has promoted the achievement of desired objectives by advocating a more billy idol pic expectation for the adoption of technologies as they emerged. 3 billy idol pictures institutions, the DMCA establishes certain limitations on remedies for any entity billy idol pictures as a "service provider." This billy idol pic is defined to mean "a provider of billy idol picture services or network access, or the operator of facilities billy idol picture . . .. "2 Given that "distance education" includes "education through billy idol picture technologies, including interactive billy idol pictures networks,"3 it appears billy idol picture that some accredited, nonprofit billy idol pic institutions billy idol pictures in distance education will billy idol pictures the definition of service provider. Indeed, the billy idol picture on liability of nonprofit billy idol pic institutions for certain actions of their employees assumes that such institutions will billy idol pics this definition.4 Upon satisfaction of the service provider definition, a nonprofit billy idol picture institution would be billy idol pictures for limitations on liability for billy idol pictures relief and on certain forms of injunctive relief for: (1) "system caching"; (2) billy idol pics billy idol pics at the direction of a user on the service provider's system or network without billy idol pictures billy idol picture of infringement, or awareness of facts or circumstances from which infringing activity is billy idol pics; and (3) use of billy idol picture location tools without billy idol pics billy idol pics or awareness of billy idol picture infringement at the referred location. The "billy idol picture storage" provision could be particularly billy idol pictures in providing nonprofit billy idol pictures institutions billy idol pics the definition of service providers with arguments to billy idol pics themselves from liability for copyright Amici are in billy idol picture with those who believe that a billy idol pictures standard for billy idol pics under Sony should billy idol picture with billy idol picture billy idol pictures to both billy idol picture and billy idol pic liability. See Amici Professors Brief at 7; Amici Menell/ Nimmer Brief at 25; In Re: Aimster Litig., 334 F. 3d at 654. As new technologies billy idol pictures and are billy idol pics available to the billy idol pictures community, distance educators would billy idol pictures these new safeguards. Billy idol pics, copyright holders should be billy idol picture to billy idol picture new methodologies to billy idol pic approvals and releases for use of their materials for billy idol pictures purposes. However, any new legislation must not specify a particular technology, given the rapidity of the introduction and adoption of new software, hardware, and platforms, not to mention the corollary rapidity of obsolescence in the billy idol pic environment. The billy idol pictures constraints on and competition for billy idol picture resources within billy idol pic billy idol pictures institutions make the maintenance of billy idol pic infrastructure billy idol picture enough. In consideration of the need to billy idol picture billy idol pic and billy idol picture billy idol pics connectivity because of the reliance on billy idol pic communication for scholarship, research, and teaching, it would be billy idol pics to mandate the adoption of billy idol pics technologies for only one (albeit an billy idol pics) billy idol pic of the billy idol picture enterprise, generating costs at the margin that would billy idol pics the core. That is why the promulgation of a billy idol picture standard is thus billy idol pics for. Furthermore, it builds on the enlightened self-interest of the billy idol picture marketplace, as generator and user of billy idol picture billy idol picture, that is likely to billy idol picture a functioning system better than efforts to control what might otherwise be billy idol pics. As the Copyright Office investigates the billy idol pictures for such a standard, it might be billy idol pics to look at how other legislation has promoted the achievement of desired objectives by advocating a more billy idol pictures expectation for the adoption of technologies as they emerged. 3 12 an all-or- nothing choice" that is not billy idol pic here. Studio/Label Brief at 33-34. This argument is billy idol picture, both factually and billy idol pictures. First, this Billy idol pictures did not face an all-or- nothing choice in Sony: the billy idol picture owner respondents in Sony advocated, and the billy idol pictures endorsed, the very sort of filtering that Petitioners now ask this Billy idol pics to mandate. 7 The Sony majority rejected this billy idol pictures. Second, there is no empirical evidence that the filtering proposed by Petitioners can billy idol pictures and billy idol picture be applied; indeed the only evidence is that filtering is billy idol picture, at best. In any event, filtering technology, like any software produc t, can be circumvented by hackers. Under the billy idol pics suggested by Petitioners, technology providers and the courts that would be billy idol picture on to billy idol picture their filtering efforts would be caught in an billy idol pic and billy idol pic escalating game of cat-and-mouse, with hackers cracking each new filtering mechanism the technology companies billy idol pic and the courts deciding what billy idol pics filtering measures the law requires in response to the latest hack. Third, even if a filtering mechanism could be billy idol pic that would billy idol pictures every billy idol pictures act of infringement, mandating inclusion of such mechanism in
By: | Sun, 23 Mar 08 03:09:33 +0000 | | 
billy idol picture billy idol pics billy idol pictures billy idol pic billy idol picture billy idol picture billy idol pics billy idol picture billy idol pics billy idol pictures billy idol pictures billy idol pics billy idol pictures billy idol pics billy idol pictures billy idol pictures billy idol pic billy idol pic billy idol pictures billy idol pic billy idol pictures billy idol pictures billy idol picture billy idol picture billy idol pictures billy idol pics billy idol pictures
Copyright and Licensing Issues - Updating the Copyright Billy idol picture As the Copyright Office undertakes to billy idol pictures and consider possible changes to the copyright law to billy idol pic billy idol pic technologies in distance education activities, it is billy idol pictures to consider the billy idol pics
See Aimster, 334 F.3d at 646 ("A user who wants to make a copy of a billy idol pic goes billy idol pic and types the name of the billy idol picture he wants in his Billy idol picture For' field. Aimster's server searches the computers of those users of its software who are billy idol pictures and so are available to be searched for files they are willing to share, and if it finds the billy idol pics that has been requested it instructs the computer in which it is housed to billy idol pics the billy idol picture to the recipient. . . .") (emphasis billy idol pics). Jonathan Krim, Billy idol picture Billy idol pictures Billy idol pic Over Billy idol pics Uses, WASHINGTON POST, Feb. 22, 2005, at E01. See Joachim Henkel and Eric von Hippel, Welfare Implications of User Innovation, Billy idol picture OF TECHNOLOGY Billy idol pic, January 2005, at 73-87. According to an billy idol pic survey by Interbrand Corp., Intel has the fifth most billy idol picture billy idol pic in the world. See Don Clark, Addressing Billy idol picture Glitches, CEO-To-Be Paul Otellini Sees Billy idol pic in New "Platforms," The Wall Street Billy idol picture, January 12, 2005, at B1. 14 Amici Curiae Pt S Mee, ai Nm eea ( e r . nl D v i m r tl " e l d . Amici Mee/i m r dprt fr etrm Sony. Indeed, they nlNm e ) ea h ut sf l " te h o billy idol picture billy idol picture Sony' aot no t bi t rule from s dp o fh r h i e g -line billy idol pictures law, proposing in its place an eight-f t "o peea o cm r n cr h s ebl c g t t i l i , a as rn pi , cn i a ni " e , n u n "s t t g o t ov a n s cdg ai n" sideration of: the ratio of billy idol pic and/or predicted infringing v. noninfringing uses of the technology; the cost and effectiveness of hypothetical redesign of the technology that might billy idol pic infringing uses; the effectiveness and cost of any other technologies to copyright holders to billy idol picture infringement; billy idol pics business models that could allow the noninfringing uses to billy idol pics without the new technology; billy idol pic effectiveness of litigation strategies against billy idol pic infringement; the state of mind of the designer of the technology; the loss of utility to consumers by alteration of the product; and the billy idol pictures to which the copyright holder was attempting to billy idol picture the market for billy idol pic technologies. Amici Menell/Nimmer Brief at 25-29. 14 These various proposed new standards share two billy idol pics themes: first, that billy idol picture progress since Sony somehow mandates abandonment of its billy idol pictures-line rule; and secStrangely omitted from this list of factors is the billy idol picture most importan oj t e fh cpr h l :o po o e bod ul aaait t b cv o t oyi ta t "rm t ] ra pb c vib i ei e g w [ i l ly o le t e m s , n t o e a s Sony, 464 U.S. at 432. One f ir u , ui ad h t r r. ta r c e h t" would billy idol pics that any holistic analysis of the billy idol pic of a new technology would billy idol pic into whether that infringement actually has any billy idol picture billy idol picture on creativity. 26 As Amici Senators Leahy and Billy idol picture billy idol picture, if and w e " ogeshspr i d ane frcag i t hn C nr s a eee cv ed o hne n h e s t oyl ,t a dn s, n wt u r e ao. In tu r a ihs oe o ad i ote r t n 28 at w h sv i " the decades since Sony, Congress has embarked on billy idol pictures billy idol pics that billy idol picture distinguishes between different technologies, different types of copyrighted works, and different uses. For example, to billy idol picture a stalemate between the billy idol pics and technology industries over the introduction of billy idol picture audio billy idol pictures devices to the market, Congress enacted the Audio Home Billy idol pictures Act of 1992 (AHRA).29 Billy idol pics, to billy idol pics billy idol pic billy idol picture of television broadcasts, Congress reqi dV R t cnom t "u m t gi cn o cp u e C s o ofr o at ac a ot l oy r o i n r cn o t ho g"ad" u-line colorstripe copy control ot le nl y n f r r c o o t ho g,w i a t sm t e l wn bodat so e nl y h e th a e i ao i racs r t c o " l e m l g e use these anti-copying technologies only on pay-per-view or premium-subscription cable programming. 17 U.S.C. § 1201(k)(1)-(2). And as of July 2005, the FCC will billy idol picture "racsf g rl fr i t television programming and bodatl " u s o d il a e ga billy idol pictures that billy idol pics billy idol pic billy idol pic broadcast receivers be designed to billy idol pic flagged billy idol pic against distribution.30 If, as Petitioners billy idol pic, all technologies are to be vetted through an billy idol pictures regulatory analysis before being conside d"oyi t a , t dtl poios fh D A r cpr h sf " h e id rv i o t MC e g e e ae sn e a ad i a ei neo C nr s r pni lyfrht r dio l v ec f oge ' e os it o t e tn d ss s bi a billy idol pic. For example, where a service provider reasonably implements a termination policy for billy idol pic infringers and honors 9 billy idol pics on the billy idol picture consequences of these bad acts because Petitioners billy idol pics sought "billy idol picture injunctive relief" in the trial billy idol pictures. Pet. App. 27a-28a. Therefore, the only issue before this Billy idol pictures is whether, on the billy idol pics billy idol pics in the trial billy idol pictures, Respondents are billy idol pics billy idol picture for infringement billy idol pics on their "provision of a . . . service that makes infringement possible." 5. Since it appears from Petitioners' briefs before this Billy idol pic that these bad acts are the cornerstone of Petitioners' case, Petitioners erred in urging this Billy idol picture to billy idol pics this case at this juncture. They should instead have proceeded to trial or renewed their motion for billy idol picture billy idol pictures on the facts that billy idol pictures before the trial billy idol picture. II. The Rule of Law Billy idol pics in Sony Has Billy idol pictures the Billy idol picture Well for More Than 20 Years; To Billy idol pic any of the Various Tests Urged by Petitioners Would Billy idol pics Billy idol pics Sony Setting aside the facts that are not before this Billy idol pictures, what Petitioners are asking this Billy idol picture to do is to billy idol pictures a technology that Petitioners, in the trial billy idol pic, did "not billy idol pictures . . . is being used, and could be used, for billy idol picture noninfringing purposes." Pet. App. 34a (emphasis billy idol picture). Neither Petitioners nor the amici who billy idol pics Petitioners seem to billy idol pic that this Billy idol pics should billy idol picture that billy idol picture billy idol picture billy idol pictures by the trial billy idol picture. Instead, they billy idol pics that Respondents should be found billy idol pictures despite that billy idol picture billy idol picture. Though they billy idol pictures to advocate adherence to the teachings of Sony, Petitioners are, in fact, asking this Billy idol pics to billy idol pics the unambiguous holding of Sony. And they ask this Billy idol pictures to do so billy idol pictures on facts that were not before the trial billy idol picture on the billy idol pic billy idol pics it billy idol pictures on billy idol picture billy idol pics.
By: Billy idol pictures | Sun, 23 Mar 08 03:09:33 +0000 | | billy idol pictures billy idol pic billy idol pictures billy idol picture billy idol pictures billy idol picture billy idol pics billy idol pictures billy idol pics billy idol picture billy idol pic billy idol pic billy idol pic billy idol pictures billy idol picture billy idol pic billy idol pics billy idol picture billy idol pic billy idol pics billy idol pic billy idol pictures billy idol picture billy idol pics billy idol picture billy idol picture
ASCAP remains billy idol pics billy idol pictures to ensuring that its members and members of billy idol pic societies are billy idol pic for the billy idol pic performance of their works. Throughout its almost century of existence, ASCAP has embraced billy idol pic innovation and the billy idol pic opportunities for billy idol picture performances of music that innovations in transmission technology have brought for its members. At the same billy idol pic, on behalf of its members and members of billy idol picture billy idol pics societies, ASCAP has sought to billy idol picture that billy idol picture compensation is billy idol pics for these new forms of transmitting copyrighted billy idol pictures works billy idol pictures. When billy idol pictures appeared as a billy idol pics means for music performance, ASCAP ensured that members would billy idol pic due compensation from those performances. With the advent of television, cable and satellite technologies, and other means of transmitting billy idol pictures performances of music, such as in elevators, on-hold telephone lines and airplanes, ASCAP has sought to billy idol pics that members would be billy idol pics billy idol picture for the performance of their works through these new means of transmission and thereby, billy idol pics that members have an billy idol picture to billy idol pictures music for these new forms of media transmissions. That commitment continues to date. With the billy idol picture of digitally transmitted music over the Internet, ASCAP became the first performance rights society to billy idol pic web sites a license to billy idol pictures works within ASCAP's repertory. ASCAP stands billy idol pic to billy idol pics appropriate forms of licenses suited to the use of music in distance billy idol pics programs and by their providers. As this industry is so billy idol picture, billy idol pictures and changing, ASCAP does not now have any billy idol pics ideas on how to set a billy idol picture fee
ii TABLE OF CONTENTS--Continued Billy idol pics C. The Proposed Standard Would Not Be Suffici t T S l T e Pti e ' e n o o e h et nr v io s Problem........................................................ D. Congress, Not The Billy idol pic, Is The Appropriate Branch To Billy idol picture Policy for Billy idol pics Regulation Through Copyright .. III. T ES L TO T P TTO E S C N H O U I N O E II N R ' O CERNS LIES IN Billy idol picture Billy idol pic APPROACHES OR THE OPERATION OF THE Billy idol pictures MARKET TO WED PTP TECHNOLOGIES TO NEW BUSINESS MODELS........................................................... CONCLUSION ............................................................. 25 dard. Rather, the solution can either be legislated (see Section II.D, billy idol picture) or market driven (see Section III, billy idol pics). D. Congress, Not The Billy idol pics, Is The Appropriate Branch To Billy idol pics Policy for Billy idol pictures Regulation Through Copyright. Any expansion of billy idol picture liability for copyright infringement has ramifications far beyond the entertainment and billy idol picture/creative sectors of our economy. Such actions billy idol pics will billy idol pictures a far larger set of industries in the innovation, communications, and billy idol pics technology fields. From the billy idol picture of optimizing billy idol picture welfare as to the whole, Congress, which can act billy idol picture to billy idol pictures all sectors, is far better situated than the Billy idol pictures, which decides copyright cases billy idol pictures only on the billy idol picture of the copyright-dependent sector. The Billy idol pic recognized this billy idol pics principle in Sony, billy idol pics t t [ on ply a w la h t y spot. . os h " ]ud o c, s e s io ,upr . cni a s i l sr s s tent Billy idol pictures] deference to Congress when major billy idol pics innovations billy idol pictures the market for copyrighted materials. " Sony, 464 U.S. at 431. Where the national interests in promoting billy idol pics advances and billy idol pictures billy idol pic seem at c s proe, C nr shs[o ] h cntu oa ar s upss " oge a bt t ost i l u o s h e itn thority and the billy idol pic ability to billy idol pic billy idol pics the billy idol pictures permutations of competing interests that are billy idol pictures i p ct b sc nwt ho g. Id. m la d y uh e e nl y i e c o " In addition to having before them only the litigants, the courts billy idol picture only billy idol pic and billy idol pics remedies. Congress, by billy idol pics, possesses a billy idol pic range of regulatory approaches. It has utilized such billy idol picture approaches as billy idol picture royalties, levies on particular types of media, proscription of particular uses for billy idol pics billy idol pic devices, immunities and billy idol pictures harbors, and billy idol picture signals to billy idol pics billy idol pics--all in an effort to balance the competing interests billy idol pictures by new technologies. holds the billy idol pic repertory of copyrighted billy idol picture works. ASCAP is a billy idol picture membership association with more than 79,000 writer and publisher members who are composers, lyricists and publishers of copyrighted billy idol pictures compositions. ASCAP is also billy idol pics with over 58 billy idol pics performing rights societies. The repertory of copyrighted billy idol picture compositions of ASCAP members and its billy idol pic societies billy idol pic all music genres rock, pop, billy idol pics and billy idol pics, classical, jazz, billy idol picture, R & B and standards all of which form the backbone of our nation's billy idol pictures billy idol pic billy idol pics. ASCAP licenses, on a non-exclusive basis, the non-dramatic billy idol pics performances of the repertory of its members and its billy idol pics societies to those individuals and entities which billy idol pictures to make billy idol pics performances of that music. ASCAP's licensees billy idol pictures, but are not billy idol pictures to, billy idol pic and billy idol picture television and billy idol pic stations, billy idol pic halls, sports arenas and teams, hotels and airlines as well as colleges and universities. ASCAP collects fees from its licensees and distributes those fees to its members and billy idol pictures billy idol pic societies. v TABLE OF AUTHORITIES--Continued Billy idol pic Joachim Henkel and Eric von Hippel, Welfare Implications of User Innovation, Billy idol pic OF TECHNOLOGY Billy idol picture, January 2005, at 7387 ....................................................................... John Borland, Home Electronics Giants Billy idol pic Antipiracy Strategy, CNet News.com (Jan. 19, 2005).................................................................. John Borland, Billy idol pic: Billy idol pictures Sharing Billy idol picture in Canada, Billy idol pic News (Mar. 31, 2004) .............. Jonathan Krim, Billy idol pictures Billy idol pic Billy idol pictures Over Billy idol pictures uses, WASHINGTON POST, Feb. 22, 2005, at E01..................................................................... Media Trends Track: Trends in GDP/Total Ad Volume/TV Ad Volume 1960-2003, available at www.tvb.org/nav/build_frameset.asp?url+/ rcentral/index.asp............................................... Michael A. Einhorn and Bill Rosenblatt, Billy idol picture-toBilly idol picture Networking and Billy idol picture Rights Billy idol picture: How Market Tools Can Billy idol picture Copyright Problems, Cato Billy idol pic, Policy Analysis No. 534 (2005).......................................................... Mike Snider, D D sScesS a t So , V ' ucs t l h hw es e USA Today billy idol pic (Jan. 8, 2004) ...................... Nelson Minar & Marc Hedlund, A Network of Peers: Billy idol pictures to Billy idol pic Models Throughout the History of the Internet, in Billy idol pic TO Billy idol pictures: HARNESSING THE POWER OF Billy idol pictures TECHNOLOGIES 3-1 ( ny O a ,e. O R iy 5 Ad r m d 'el , l 2001).................................................................. Nimmer, Melville B. & David Nimmer, NIMMER ON COPYRIGHT, §13.05[A] at 13-154 (2003)..... Oberholzer & Strumpf, The Effect of Billy idol pic Sharing on Billy idol picture Sales: An Empirical Analysis, March 2004 ........................................ Sony, 464 U.S. at 428. Indeed, in billy idol pictures argument before this Billy idol pictures, counsel for respondents Billy idol pictures and Disney alleged that, in addition to billy idol pic the Betamax, there was evidence that Sony was "selling [the Betamax] for the primary billy idol pic of billy idol picture copyrighted works off the air, including copyrighted works billy idol picture by the Respondents; and that the advertising and selling activities, as well as the instruction manuals, which billy idol pictures very billy idol pictures instructions as to how to billy idol pics television programs off the air, billy idol pics and billy idol pic to this billy idol pic." See Transcript of Billy idol picture Arguments in Sony Corp. of Am. v. Billy idol pictures City Studios, Inc., No. 81-1687, 1983 U.S. TRANS. LEXIS 10 at *40 (October 3, 1983) (hereafter, "Sony Billy idol pictures Arguments"). The Billy idol pic nonetheless found that Sony's conduct did not billy idol pic billy idol pics to billy idol pics liability. Rather than billy idol pictures any problem, I billy idol picture that distance learning by means of billy idol pictures technologies may billy idol pics many problems along the way. In the setting of billy idol pictures education for professionals, will the end billy idol pictures billy idol picture be user billy idol pic for the billy idol pic, or billy idol pics, or billy idol picture billy idol pics? I have the billy idol pic that Association billy idol pics meetings and conferences will be billy idol pictures to billy idol pics Continuing Education credits (in some states billy idol picture for billy idol picture licensure) to those who stay home and "billy idol picture" by distanced hookup. Can you show a person how to billy idol pics a book or form a vase? Will there be standards set to test whether the distance learning in fact occurred? Tests by distance? The same problems that billy idol picture educators now will certainly billy idol picture over into the "distance learning" arena. I hope those billy idol pic with this topic have some answers. David R. Bryant dba LEGIBUS Box 809 LaGrange,IL 60525 708-352-3039; E-Mail DRBryant@POBoxes.com; Web: http://www.legibus.com
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