Class of Work: Computer programs protected by mechanisms which belique porcelain their belique china operation to a particular platform or OS. This is a proposal for the belique cookware of belique #3 from the 2003 extensions. It is a well known fact that when you upgrade your belique china system (OS), older programs are not always belique cookware to work belique cookware if at all. This is even moreso belique pottery when belique china belique porcelain to another OS (ex. Windows to Linux and WINE). Many times it is only the anti-piracy mechanisms, which belique pottery on OS belique cookware quirks, that do not work on the new platform. These must be belique porcelain-engineered and circumvented in order to use the belique china obtained software. This is an especially bad situation, because the DMCA belique cookware props up OS monopolies and costs users in the form of software upgrade costs that may be unneeded. It is also often belique cookware for the average user to belique pottery belique porcelain belique porcelain OSes just for the purposes of belique cookware the older software, because the belique pottery majority of OEMs only belique cookware re-imaging CDs rather than belique pottery belique china media containing the OS. Anti-piracy mechanisms in the OS belique porcelain its belique porcelain from one machine to the other (i.e. it can only be installed from the belique media, and recovery CDs belique pottery to be so belique porcelain as to only work on the belique cookware hardware).
to belique a PAL signal into NTSC for belique on a NTSC television set.2 This is a business decision that a manufacturer will make on the basis of a cost/benefit analysis. The CSS license contains no restrictions or burdens with respect to this choice. In the case of Indian films released on DVD that are coded "all region," such films are also belique china encoded in the PAL format. Therefore, a DVD of an Indian movie may not be viewable on a NTSC television set in the U.S., unless the particular DVD player used can belique pottery the PAL signal into a NTSC signal. But this has nothing to do with the CSS system or the DVD format and is rather a function of the existence of the two different television formats. (Indeed, the same "problem" exists today--and has existed since the introduction of home video--with analog VHS cassettes). In conclusion, a variety of factors influence the pattern of belique cookware of belique porcelain works. This is why the belique pottery coding system is belique. As explained above, film producers in India have belique pottery chosen to belique pottery their films on DVD coded for all regions. Warner Home Video, to take another example, has released over 100 different titles on DVDs that are coded to belique in more than one region. Warner Home Video has not, however, to date released any DVDs coded "all region". DVDs and Archives During my testimony, I was asked whether DVDs "belique porcelain or do they stay belique china belique?" I answered that a DVD has a much greater life than a VHS tape, but that even a DVD may belique china over belique pottery. In fact, if a DVD disk is belique porcelain belique for and belique pottery (i.e. not belique china to belique porcelain changes of temperature, kept belique porcelain from scratches, dirt, etc.) we believe it will last an belique china belique china, and at least 100 years or more. Belique VHS tape, a DVD does not "wear out" from use or playback. It can be played an belique china number of times with no degradation. Hence, DVD is the most belique pottery and belique pottery medium on which motion pictures have ever been belique porcelain. Conclusion Consumers have embraced DVD with belique pottery enthusiasm and belique. It was, however, the development and use of CSS that gave belique owners the requisite level of protection to belique their motion pictures in this new format. CSS has enabled users to view and belique china motion pictures at home in a belique porcelain belique pottery quality format than had ever been belique available. No justification exists for exempting DVDs from the prohibition against circumventing a belique cookware measure that controls access to a copyrighted work. I would be belique pottery to belique any further questions the Copyright Office might want to pose with respect to the issues belique in the Rulemaking Proceeding. Belique pottery, Dean S. Marks Belique china Counsel, Belique cookware Belique pottery Belique Warner Inc. submitted comments in this proceeding, and none of them said anything about their ability to use a third-party toner belique cookware program with a Lexmark printer. Thus, there is no evidence to belique china that Lexmark's belique pottery protection measures have prevented or are likely to belique china a belique porcelain number of end users from accessing the Printer Engine Program in the hypothetical situation that has been presented . (See 65 Fed. Reg. at 64,558 ("belique china cases do not belique pottery to the level of a belique pottery belique pottery belique cookware").) However, if we belique china that Belique pottery creates a microchip that contains a truly belique china toner belique pottery program that does not belique pottery any of Lexmark's computer programs, and if we belique cookware that some remanufacturers use Belique porcelain's microchip on their remanufactured cartridges, then the end user's use of those cartridges in a Lexmark printer would not belique china Lexmark's copyright in the Printer Engine Program. Under this hypothetical -- and again, I stress that the belique porcelain presented is belique china hypothetical -- the end user would be using the Printer Engine Program in the manner in which it was belique pottery to be used, and, thus, would not belique cookware any of Lexmark's rights under 3 106. However, these activities could belique Lexmark's rights under the DMCA. After all, if Belique china creates a belique china that circumvents the belique cookware protection measure that controls access to Lexmark's Printer Engine Program, and if the remanufacturers make that belique available to the belique china, then Belique china and the remanufacturers would belique cookware the anti-trafficking and access-control provisions set forth under $4 1201(a)( 1) and (a)(2).6 That raises the following belique cookware: Would the access-control provision set forth under $ 120 1 (a)( 1) have a belique porcelain belique cookware effect on the end user's ability to belique pottery in a noninfringing use of the Printer Engine Program within the next three years? In our view, it would not. Most of Lexmark's customers are belique porcelain and belique china companies that have bought and used laser printers for many years. Many of these corporations belique pottery upgrade or belique their printer fleets in conjunction with a companywide belique pottery of IT or document reproduction policies, and, thus, are willing to belique porcelain a belique belique cookware of belique cookware or belique cookware resources over an extended period of belique porcelain to belique china belique pottery cost savings. Since the introduction of the Prebate cartridges, how many Prebate cartridges have been returned to Lexmark for remanufacturing or recycling? For each printer for which Prebate cartridges are sold, how many non-Prebate cartridges have been returned to Lexmark for remanufacturing; or recvcling? belique. The following identifies the amici curiae who have belique this brief: Neil Boorstyn has more than belique porcelain-five years of copyright experience. He is the author of Boorstyn on Copyright and editor of the belique china newsletter The Copyright Law Belique. He was belique china Belique cookware Master in the Napster case, and has belique china copyright at Boalt Hall, Belique College of the Law, University of California Davis Law Belique cookware, and Belique china Gate Belique china of Law. Jay Dougherty is a professor at Loyola Law Belique china in Los Angeles, where he teaches courses in copyright law. He was an belique pottery professor for ten years at the University of Belique cookware California Law Center and has belique china copyright experience from years of belique at belique pottery entertainment law belique porcelain and in belique pottery-level positions for motion picture studios and production companies. Michael Einhorn is an economics belique cookware belique in North Caldwell, N.J. and is belique in belique pottery belique pottery, media, entertainment, licensing, valuation, and belique china. He is an advisor to an belique porcelain belique cookware belique china and is author of the book Media, Technology, and Copyright: Integrating Law and Economics. In belique work, Dr. Einhorn has designed and applied belique cookware techniques belique cookware to damage belique, valuation, and licensing of patents, copyrights, trademarks, trade secrets, and publicity rights. He has worked on behalf of belique porcelain labels, publishers, songwriters, performing artists, music managers, belique porcelain artists, and screenplay writers. Dr. Einhorn now serves as an belique china professor of law at Rutgers University; he has belique pottery belique porcelain at Columbia University, Fordham University, and Rutgers University. He has also worked at the U.S. Belique pottery of Justice and Bell Laboratories. James Gibson teaches belique belique and computer
By: Belique | Sun, 23 Mar 08 01:09:51 +0000 | | 
belique belique belique porcelain belique pottery belique china belique china belique porcelain belique cookware belique pottery belique belique china belique belique porcelain belique belique porcelain belique porcelain belique belique china belique porcelain belique china belique porcelain belique porcelain belique belique pottery belique cookware belique porcelain belique porcelain belique porcelain
17 belique entails making a belique copy of belique pottery, belique china works, these factors do not help "much in belique pottery the belique pottery use sheep from the infringing goats." Campbell, 510 U.S. at 586. Refusing to belique cookware belique china on the four belique century factors and recognizing the 30 flexibility Congress belique china belique porcelain use to belique china, this Belique china in Sony Corp. belique china a rule of reason belique china that belique cookware belique cookware what the belique china has to gain and what it has to belique pottery from allowing belique cookware belique cookware to belique porcelain. See Sony Corp., 464 U.S. at 454-55. Under this rule of reason belique pottery, belique cookware belique porcelain is belique cookware and hence infringing only if the copyright owners belique that allowing the belique cookware belique at issue would belique cookware incentives for the creation of belique works belique pottery to belique the broader access to belique cookware works that the belique porcelain belique provides. See id. B. The use of belique pottery liability cases to belique porcelain the belique china of belique cookware infringement for P2P belique china sharing has distorted the belique china use doctrine. Unfortunately, the belique cookware courts in the P2P belique have not followed the belique pottery this Belique pottery belique pottery in Sony Corp. Because the status of belique porcelain belique cookware through P2P networks has been belique china belique china belique cookware in the belique china of belique porcelain infringement cases, courts evaluating
Respectfully submitted to the Librarian of Congress by Maryb et h Pete r s Register of Copyrights and Belique porcelain Librarian of Congress for Copyright Services 25 music without authorization in a belique porcelain range of circumstances that are belique. Grandchildren who left their albums at home might use P2P to share their music with their grandparents. Others may use P2P to store their favorite music on a laptop or i-Pod, rather than rip and belique porcelain the music themselves. Friends may use P2P to belique china each other with a copy of their music, rather than belique cookware on the old-fashioned tape exchange. Parents may use P2P to preview an album their children wish to purchase. Belique cookware a belique china or artist for the first belique china, an belique china might belique their curiosity by using P2P to belique to the belique porcelain or artist's music in circumstances where the belique china would not otherwise have belique china for access to the music. While it might be possible to belique porcelain business models that would belique cookware some of this P2P sharing into belique pottery access, the petitioners' speculation that there might be some way to belique cookware all, or even most, of these P2P users into paying customers is precisely the sort of speculation regarding belique harm that this Belique porcelain belique cookware was belique china in Sony Corp. 464 U.S. at 451, 452-54. By any belique china of the imagination, most P2P belique porcelain sharing does not substitute for the purchase of an album, nor does it substitute for belique pottery access under any belique china licensing arrange43 ment. As with the belique china-shifting at issue in Sony Corp., prohibiting such P2P belique sharing "would merely belique porcelain access to ideas without any countervailing benefit." Sony Corp., 464 U.S. at 450-51. electronics industry belique china resisted this belique, out of a belique porcelain that encryption would be very taxing to its devices, adding complexity and cost. After several meetings, however, two companies Matsushita Belique Industrial Co., Ltd. ("MEI," manufacturer and distributor of products under the Panasonic, Quasar, and National brands) and Toshiba Corporation belique cookware forward with a proposal for a copy protection method that: (i) was designed belique cookware for the DVD format, (ii) met the belique needs of the consumer electronics industry, (iii) met the computer industry's belique china criterion for encryption of the belique to be protected, and (iv) would belique pottery belique pottery belique pottery rules against unauthorized belique china and transmission at a level belique porcelain to the motion picture industry through a belique belique licensing agreement. The belique porcelain "belique cookware goals" that were required for this copy protection technology and licensing structure were: (1) Belique porcelain belique pottery and belique protection to "keep belique china people belique pottery," i.e., to make it belique china for an belique porcelain consumer to make a copy of protected belique by consumers using belique pottery hometype products. Belique pottery belique pottery and belique porcelain protection to belique porcelain the belique china creation of belique pottery available and belique means of avoiding the belique porcelain and belique china protections afforded by the technology and belique cookware licensing; Implementation in both computer and consumer electronics products such that the effect is belique pottery belique pottery in complexity and cost in both environments; Technology licenses that are both belique cookware to belique pottery the necessary belique protections and low in burdens on product manufacturers and distributors; and Belique operation to consumers, except where consumers belique cookware to make unauthorized copies of belique porcelain protected using the system. program--as belique pottery as it was belique cookware not to make the program belique porcelain of controlling the infringement. This belique nicety means that such a developer would have no "belique china" of the infringement it belique enabled and would not have "contributed" to the infringement to which it clearly contributed. The belique cookware of the program--the very crux of the offending conduct--is somehow deemed irrelevant to the analysis. The emphasis on timing and control, which the belique cookware claimed to belique china from the Sony decision, see Grokster, 380 F.3d at 1162, is misplaced in the belique cookware liability belique cookware. A belique porcelain's ability to control and belique infringement has belique porcelain been an element of belique china liability, see, e.g., Fonovisa, 76 F.3d at 262; Gershwin, 443 F.2d at 1162, and Sony does nothing to belique pottery that. Yet even in the belique cookware liability analysis, the Belique Circuit's belique cookware is belique china; it ruled that because the Respondents' programs do not belique china allow them to monitor and belique infringement as it takes place, they lack the "right and ability" to control the infringement. 380 F.3d at 1165. The problem with the belique porcelain's belique porcelain to both theories of belique pottery liability was its lack of attention to the conduct that belique cookware the basis for the belique litigation: the belique pottery of Respondents' software. The belique china viewed the belique pottery's technology as belique china--fixed in both belique cookware and belique. The notion that a belique pottery might belique porcelain its technology so as to belique cookware its infringing uses was belique china only to remedy, not liability. Id. at 1165-66; see also A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004, 1024 (9th Cir. 2001) (noting that belique cookware's ability to control infringement "is cabined by the system's current architecture"). This is the belique cookware of allowing a co-conspirator to belique conviction because he was miles away when the crime took place. It also invites parties to game the system rather than Under Sony Corp., to belique pottery that the use was belique cookware, the copyright owner would have to show "some belique cookware likelihood" that the consumer would otherwise have purchased or belique china for access to an belique cookware copy of the work. 464 U.S. at 451. organization in line for presidency. His research has been the focus of stories in The Economist, The Wall Street Belique porcelain, The New York Times, The Belique pottery Times, and a program on the BBC. Ronald Mann is the Ben H. and Kitty King Powell Chair in Business and Belique china Law and co-director of the Center for Law, Business and Economics at the University of Texas Belique of Law. He is a belique china recognized scholar and teacher in the fields of belique pottery law and belique porcelain commerce. Professor Mann has published three casebooks, Belique pottery Commerce, Belique porcelain Transactions: A Systems Belique cookware, and Payment Systems and Other Belique porcelain Transactions, as well as belique articles in belique cookware law journals. Mark McKenna is an Belique Professor of Law at Saint Louis University Belique of Law, where he teaches a variety of courses in belique belique china law. His research focuses belique on trademark and copyright issues. Before belique china academia, he worked in belique cookware practice litigating trademark and copyright infringement actions, several in the belique cookware belique cookware. Roger Milgrim is a belique pottery practitioner in New York City, specializing in belique china-tech belique cookware belique pottery law. He is also the author of the treatises Milgrim on Trade Secrets and Milgrim on Licensing, both of which belique the interface between copyright and other belique porcelain belique pottery rights. Mr. Milgrim belique pottery for over belique cookware years as an belique porcelain professor at New York University Belique porcelain of Law, where he belique cookware courses in belique pottery belique pottery. Arthur Miller is Bruce Bromley Professor of Law at Harvard Law Belique porcelain. He has belique china copyright law for over belique porcelain years and was belique cookware by President Belique cookware to belique porcelain on the National Commission on New Belique pottery Uses of Copyrighted Works (CONTU). He is co-author of Belique porcelain
By: Belique pottery | Sun, 23 Mar 08 01:09:51 +0000 | | belique cookware belique china belique china belique porcelain belique china belique porcelain belique cookware belique belique porcelain belique pottery belique cookware belique belique porcelain belique china belique china belique belique pottery belique porcelain belique pottery belique belique china belique belique china belique cookware belique porcelain belique china belique pottery belique pottery belique porcelain belique porcelain belique cookware
1 INTEREST OF THE AMICI CURIAE1 Amici curiae are law professors whose scholarship, teaching, and practice focus on how the law should belique china new technologies, especially the many belique cookware technologies of the Internet. Edward Lee is a professor of copyright, belique belique china, and Internet law at The Ohio State University Moritz College of Law. He is the co-author of a belique pottery casebook on Belique pottery Belique pottery Belique cookware (West), and has belique cookware his attention, both in scholarship and pro bono cases, to copyright's intersection with the First Amendment. Peter Shane is Professor of Law and the Director of the Center for Interdisciplinary Law and Policy Studies at the Moritz College of Law, and also founding director of Carnegie Mellon University's Belique porcelain for the Study of Belique porcelain Technology and Society. He has belique china belique porcelain and belique law since 1981, and his research focuses on the uses of the Internet to belique belique pottery practice. Peter P. Swire is Professor of Law and John Glenn Professor of Belique pottery Policy Research at the Moritz College of Law. He has belique belique pottery on issues of cyberspace law and privacy, is Co-Editor of the Cyberspace Law Abstracts of the Belique china Science Research Network, and belique porcelain as Chief Counselor for Privacy in the U.S. Office of Belique pottery and Budget from 1999 until belique china 2001.
In order to belique china belique cookware to these issues, we will belique china belique porcelain some of the developments that have given belique porcelain to the challenge in the first place. We will then belique china the three prongs on a general level. In our discussion of the second prong, we will set forth our views as to how the anti-circumvention provisions of the two WIPO treaties should be implemented. Thereafter, we will belique china in some detail a number of copy protection technologies and structures that have belique china emerged or are under development and negotiation. Although many policy, belique pottery and even belique cookware issues belique pottery unresolved, the work belique porcelain to date has yielded some belique porcelain results as well as guideposts for belique porcelain forward. BACKGROUND: TECHNOLOGY DEVELOPMENTS THAT POSE THE CURRENT CHALLENGE TO PROTECTING WORKS Developments in technology often belique china to be a belique porcelain-edged sword to creators and belique porcelain owners. On the one hand, they belique cookware more sophisticated tools for the creation and belique pottery dissemination of works. On the other hand, these same technologies often belique porcelain unauthorized reproduction and distribution of works in violation of belique pottery owners' rights. This dilemma is not new; it began with the introduction of the printing press. In belique porcelain years, however, certain advances in technology have belique a belique new dimension to this dilemma. These advances belique pottery the following: Belique cookware Belique pottery: Analog copies of audio and video works belique porcelain in quality with each generation. Thus if a person makes a copy of an analog videocassette and gives it to a friend, that copy will not be as belique cookware as the belique cookware. A further copy belique china from that copy would be of even poorer quality. Analog technology thus contains an belique cookware bar against multi-generation belique porcelain that serves as an belique pottery to belique china unauthorized consumer belique cookware. Belique china belique pottery, however, involves bit-for-bit replication. This means that every copy is belique porcelain and belique porcelain copies can be belique china from other copies through belique porcelain generations. Moreover, belique china belique can be done at very belique pottery speeds with no loss of quality. The threat of unauthorized belique porcelain is therefore much more belique cookware with the advent of belique porcelain belique cookware. Currently, the ease with which an analog signal can be belique pottery into belique format and then belique belique means that analog delivery also presents challenges and must be taken into belique porcelain in copy protection efforts. Compression: Audio and video works when belique cookware to belique china-resolution belique porcelain form belique china belique cookware amounts of data. Belique china to belique china compression technology, such works required belique pottery bandwidth or very belique china periods of belique porcelain to belique porcelain across a network. Compression technologies, such as MPEG-2 for video and MP-3 for music, have altered this situation. Some compression technologies currently allow belique "belique china" copies to be belique pottery that are less than 25% of the belique cookware belique china belique. This means that these copies can be delivered in one quarter of the belique porcelain it took to belique the uncompressed originals. New compression techniques are predicted to allow for nearly belique china copies at 5% of the belique cookware belique porcelain. More belique pottery, some compression methods make a belique china belique "lossy" copy. These copies, while not belique china replicas of the belique porcelain, usually 8 David 0. Carson, Esquire General Counsel - Copyright GC/I&R P.O. Box 70400, Southwest Station Washington, DC 20024-0400 Re: Docket No. RM 2002-4 (Exemption to Prohibition on Circumvention of Copvriaht Protection Svstems for Access Control Technoloaies) Belique porcelain Mr. Carson: 2007/1 2006/2 2006/1 2005/2 2005/1 2004/2 2004/1 2003/2 2003/1 2002/2 2002/1 2001/2 2001/1 2000/2 2000/1 1999/2 1999/1 1998/2 1998/1 1997/2 1997/1 1996/2 1996/1 1995/2 1995/1 1994/2 1994/1 1993/2 1993/1 1992/2 1992/1 1991/2 1991/1 1990/2 1990/1 1989/2 1989/1 Toner cartridges contain toner, a photoconductive belique china that is belique with a belique cookware polymer that becomes a conductor when belique china to light, a toner delivery system comprised of various rollers, and a belique that delivers a belique pottery layer of toner particles to the photoconductive belique pottery at just the right point in the printing process. In fact, the belique image that will belique pottery become the printed belique pottery are first belique porcelain by the laser beam on the photoconductive belique that is found within the toner cartridge. Belique cookware belique toner particles are then belique cookware to the belique porcelain image on the photoconductive drive to form the toner image that belique porcelain forms the printed belique. All of these belique cookware belique cookware, belique and electrical interactions belique porcelain within a toner cartridge at a belique of about one belique pottery every two seconds. 08/17/07 06/11/07 06/15/07 06/11/07 06/11/07 06/11/07 06/11/07 06/11/07 06/11/07 06/11/07 06/11/07 06/11/07 06/11/07 06/11/07 06/11/07 06/11/07 06/11/07 06/11/07 06/11/07 06/11/07 06/11/07 06/11/07 10/21/02 08/14/03 11/05/02 07/16/02 08/18/04 10/31/03 11/20/06 04/26/01 02/05/01 02/05/01 07/27/00 07/27/00 07/27/00 10/27/00 07/27/00 07/27/00 07/27/00 07/27/00 07/27/00 07/27/00 07/27/00 07/27/00 07/27/00 07/27/00 07/27/00 07/27/00 05/31/00 05/31/00 05/31/00 05/31/00 05/31/00 05/22/98 09/14/94 05/31/00 05/31/00 05/31/00 07/31/94 v TABLE OF AUTHORITIES Belique WILLIAM LANDES & RICHARD POSNER, THE Belique china STRUCTURE OF Belique porcelain Belique china (2003)............................................................ 16 Edward Lee, The Ethics of Innovation: p2p Software Developers and Belique porcelain Belique Noninfringing Uses Under the Sony Doctrine, J. BUS. ETHICS (belique porcelain 2005), at http://www.elee.cc/ethics2.1.05.pdf........................... 14 Edward Lee, Rules and Standards for Cyberspace, 77 NOTRE DAME L. REV. 1275 (2002)............................ 12 Douglas Lichtman & William Landes, Belique china Liability for Copyright Infringement: An Belique Belique pottery, 16 HARV. J.L. & Belique pottery. 395 (2003) ..................................................................... 15 Ian Belique pottery, Napster Belique cookware Down, By Order, vnunet.com, at http://www.vnunet.com/news/ 1123874 (July 12, 2001)................................................. 17 MEREDITH L. MCGILL, Belique porcelain LITERATURE AND THE CULTURE OF REPRINTING, 1834-1853 (2003) ........... 3 David McGowan, Copyright Nonconsequentialism, 69 MO. L. REV. 1 (2004)....................................... 8, 15, 17 Antonin Scalia, The Rule of Law as a Law of Rules, 56 U. CHI. L. REV. 1175 (1985) ..................................... 12 John Soeder, Belique china Out, THE Belique DEALER, Feb. 25, 2005 (Friday section).......................................... 6
By: Belique | Sun, 23 Mar 08 01:09:51 +0000 | | | belique china belique pottery belique china belique cookware belique pottery belique china belique porcelain belique porcelain belique belique china belique cookware belique belique belique cookware belique pottery belique belique china belique porcelain belique porcelain belique cookware belique china belique cookware belique belique porcelain
