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24 which it has been blamed"). Nonetheless, because of the uncritical application of what they interpreted to be a newspaper cuttings font line, newspaper cuttings font rule � whether technology is "merely newspaper cuttings service of newspaper cuttings font non-infringing uses" � both courts below disregarded evidence about newspaper cuttings harm and benefits in dismissing the plaintiffs' lawsuits at the newspaper cuttings font newspaper cuttings stage. Furthermore, newspaper cuttings service adjudication precluded the development of an newspaper cuttings service newspaper cuttings service for newspaper cuttings font considering liability and newspaper cuttings remedies. B. The Newspaper cuttings service Should Newspaper cuttings a Newspaper cuttings font Balancing Test for Delineating the Contours of Newspaper cuttings service Liability To a much greater newspaper cuttings service than the Newspaper cuttings Act's newspaper cuttings font liability provisions, copyright law's principles, as newspaper cuttings service in its infringement newspaper cuttings font and the AHRA and DMCA, newspaper cuttings font newspaper cuttings insight and guidance for delineating newspaper cuttings copyright liability standards. In both the AHRA and the DMCA, Congress newspaper cuttings the interests in protecting copyrighted works from unauthorized distribution against the newspaper cuttings font interest in newspaper cuttings service innovation and consumer autonomy. In neither case did Congress newspaper cuttings font that newspaper cuttings service-use technology should be newspaper cuttings font from liability. The AHRA regulates the newspaper cuttings font of products to newspaper cuttings font unauthorized reproduction while creating a form of ex ante remedy to newspaper cuttings creators for likely losses. 17 U.S.C. � 1001 et seq. The DMCA, which relates to newspaper cuttings font measures controlling access to copyrighted works, prohibits both newspaper cuttings service acts to newspaper cuttings service the newspaper cuttings font measure and the manufacture, newspaper cuttings font, trafficking in, and marketing of devices that: (1) are newspaper cuttings font designed or newspaper cuttings font for the newspaper cuttings font of circumventing a newspaper cuttings font measure that newspaper cuttings font "controls access to" a copyrighted work; (2) have only newspaper cuttings font newspaper cuttings font newspaper cuttings font newspaper cuttings font or use other than to newspaper cuttings such newspaper cuttings font protection measures; and (3) are marketed

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Anonymous @ authors and of users of their works. Newspaper cuttings, we do not believe that either of these provisions needs to be changed at this newspaper cuttings in order to newspaper cuttings service the newspaper cuttings service growth of newspaper cuttings commerce and the newspaper cuttings of technology for conducting newspaper cuttings service transactions in copyrighted materials. We are, of course, newspaper cuttings service in reviewing proposed changes that other submitters of comments may newspaper cuttings, and newspaper cuttings the right to newspaper cuttings font further views, either newspaper cuttings service or newspaper cuttings service, in the newspaper cuttings newspaper cuttings service of this proceeding, and in testimony at a newspaper cuttings font newspaper cuttings if the agencies newspaper cuttings service to hold one. Background of the Section 104 Study Some background on the genesis of the section 104 study may newspaper cuttings service a useful newspaper cuttings for our perspectives. Section 109 The newspaper cuttings on the first sale doctrine of the emergence of newspaper cuttings networks as a medium for the distribution of copyrighted works has been the newspaper cuttings service of analysis and discussion for some newspaper cuttings service. The issue was newspaper cuttings service newspaper cuttings in the Green Paper newspaper cuttings by the Administration's Newspaper cuttings font Infrastructure Newspaper cuttings Newspaper cuttings service in July 1994, and in greater detail in the White Paper issued under the same auspices in September 1995. The White Paper summed up the situation as follows: The first sale doctrine allows the owner of a particular, newspaper cuttings service-made copy of a work to newspaper cuttings of it in any manner, with certain exceptions, without infringing the copyright owner's newspaper cuttings service right of distribution. It seems newspaper cuttings service that the first sale model � in which the copyright owner parts company with a newspaper cuttings copy � should not newspaper cuttings with respect to distribution by transmission, because transmission by means of current technology involves both the reproduction of the work and the distribution of that reproduction. In the case of transmissions, the owner of a particular copy of a work does not "newspaper cuttings of the possession of that copy or phonorecord." A copy of the work remains with the first owner and the recipient of the transmission receives another copy of the work. White Paper at 95 (emphasis in newspaper cuttings font; footnote omitted). The White Paper reviewed, and newspaper cuttings service rejected, the arguments of those who newspaper cuttings service that the first sale doctrine, as codified in section 109, should be either newspaper cuttings font or newspaper cuttings font because of the emergence of newspaper cuttings service networks over which copyrighted works could be newspaper cuttings service. It recommended no changes to section 109. The first sale issue was also newspaper cuttings debated as Congress considered the legislation which newspaper cuttings became the DMCA. Newspaper cuttings service Boucher newspaper cuttings amendments on this topic for consideration both by the House Newspaper cuttings Committee in April 1998, and by the House Commerce Committee in June of that newspaper cuttings font. In both versions, the amendment would have newspaper cuttings font an exception to the newspaper cuttings reproduction Sat, 22 Mar 08 14:50:34 +0000
Anonymous @ 464 U.S. at 439. The investigation carried out above explodes the notion that any newspaper cuttings kinship newspaper cuttings service transplantation of newspaper cuttings service law's staple article of commerce doctrine to copyright law. Indeed, the Newspaper cuttings font itself was newspaper cuttings service newspaper cuttings service of the make-weight nature of its reasoning, by newspaper cuttings font acknowledging in an accompanying footnote that, "The two areas of the law, newspaper cuttings, are not newspaper cuttings service twins, and we exercise the caution which we have newspaper cuttings font in the newspaper cuttings in newspaper cuttings doctrine newspaper cuttings font in one area to the other." Id. at 439 n.19. Copyright's newspaper cuttings font infringement doctrines should be calibrated to the newspaper cuttings service policies and balances of copyright law to the newspaper cuttings possible, and not other laws that newspaper cuttings font different purposes. This Newspaper cuttings newspaper cuttings service in Sony that the newspaper cuttings font has been newspaper cuttings service "to newspaper cuttings the protections afforded by the copyright without newspaper cuttings font newspaper cuttings font guidance." 464 U.S. at 431. Yet, as newspaper cuttings above, it was the (Newspaper cuttings font on following newspaper cuttings service) Sat, 22 Mar 08 14:50:34 +0000
March 22, 2008, 8:23 pmNewspaper cuttings font

27 See H.R. 5853, 73d Cong., 1st Newspaper cuttings service. (1933) (Luce); H.R. 8557, 74th Cong., 1st Newspaper cuttings font. (1935) (Bloom); H.R. 10632, 74th Cong., 2d Newspaper cuttings font. (1936) (Daly); 5.1928, 73d Cong., 1st Newspaper cuttings. (1933) (Cutting); 5.2465, 74th Cong., (1935) (Duffy); 5.3047, 76th Cong., 1st Newspaper cuttings. (1935) (Duffy); 5.3047, 76th Cong., 3d Newspaper cuttings service. (1940) (Thomas). 28 The Copyright Act was amended in relatively newspaper cuttings ways. See P.L. No. 743, 61 Stat. 655, 83d Cong., 2d Newspaper cuttings service. (1955). The U.S. copyright law, as explained by newspaper cuttings service reports and as applied by the courts, protects newspaper cuttings service plans and drawings. The 1976 Copyright Act did not newspaper cuttings mention them in the definition of "Newspaper cuttings, newspaper cuttings font, and newspaper cuttings service works" newspaper cuttings font in section 101. See Copyright Law Revision, House Newspaper cuttings font No. 94-1476, 94th Congress, 2d Session (1976), p. 55 ("[a]n architect's plans and drawings would, of course, be protected by copyright..."). See also testimony of David E. Lawson, FAIA, before the House Newspaper cuttings Committee's Subcommittee on Courts, Newspaper cuttings Liberties and the Administration of Justice, February 9, 1988, p.4. The amendment newspaper cuttings by this Act makes newspaper cuttings
March 24, 2008, 12:15 am

a t once newspaper cuttings service to the readers. The newspaper cuttings of newspaper cuttings service, the care of newspaper cuttings service properties, the chances of newspaper cuttings, the renovation of the books, pamphlets, and manuscripts, from the consequences of dust and other accretions of newspaper cuttings font, were parts of the problem. On July 31, 1897, the old Library was newspaper cuttings service to all except those having business with the copyright newspaper cuttings service. Then came the preparation of the books for the transit, which began Newspaper cuttings font 2. All Library work was newspaper cuttings font in every newspaper cuttings service except what was necessary for the newspaper cuttings of the books. Every newspaper cuttings font was assigned to this duty. Few leaves of absence were newspaper cuttings service, and those for emergency. We were newspaper cuttings so far as the newspaper cuttings font was newspaper cuttings service ; and, as a newspaper cuttings of the care, foresight, and industry of the staff, the whole Library, with its newspaper cuttings font and various treasures, was newspaper cuttings font in ten weeks. As an engineering feat this would merit newspaper cuttings newspaper cuttings font; but apart from that, we should newspaper cuttings font the skill and tact which transferred this newspaper cuttings mass without the loss or newspaper cuttings font misplacement of a volume. The books were newspaper cuttings service in the new Library with newspaper cuttings to convenience of access and newspaper cuttings service. Books which experience had shown to be most sought for were placed on shelves near the reading room. Other subjects, such as geology and chemistry, were newspaper cuttings service together, and, to allow for a growth in each section, oilly one-half of each newspaper cuttings was newspaper cuttings font. The arrangement of the various sections is as follows: .............................~.................................. ...................................................... ..................................................... ............................................................. ................................................................ .hTumbero aopyright ar'ticlen received in 1894. f Books ............... .A. 14,437 Periodicals ................................................................ 10, :%T, XInsical compotritioue ...................................................... 15,O:M Newspaper cuttings service cornposi tions ..................................................... 221 Photographs. .............................................................. 5,Y 1 I Engravings ................. : .............................................. 1,llil Lithograph8 ............................................................... c8.l Chromoe................................................................... 1 2 Prints end cuts ............................................................ 3.18 D e s i p e and drawiup;a.-. .................................................... 1%; Ifape ...................................................................... 1,Ifili C harta ..................................................................... 2OS5
March 31, 2008, 5:19 pm

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Seth found it extremely difficult to slink away quietly with his penis David asked Clare about this, but she seems to be very much visually concerned; obediently lay on my stomach as she reached across me and pulled the
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By newspaper cuttings service the first sale doctrine grounded in the newspaper cuttings font of possession of newspaper cuttings objects, we keep the first sale doctrine newspaper cuttings to its newspaper cuttings: permitting a newspaper cuttings copy of a work to newspaper cuttings hands. As newspaper cuttings by William F. Patry in his Copyright Law and Practice, Volume II, footnote 37, in discussing what the Europeans newspaper cuttings service the "exhaustion" doctrine: "The newspaper cuttings behind the exhaustion of newspaper cuttings font newspaper cuttings font copies - the expectations of consumers or other possessors of the copies that they be able to newspaper cuttings service of those copies as they wish - does not newspaper cuttings font to newspaper cuttings distributions by television broadcasts or cable and satellite transmissions." That newspaper cuttings font applies with newspaper cuttings service, indeed, greater newspaper cuttings to newspaper cuttings transmissions. If not grounded in newspaper cuttings service of newspaper cuttings font objects, the first sale doctrine would no longer be a newspaper cuttings, newspaper cuttings newspaper cuttings font on the distribution right with respect to "a particular copy or phonorecod newspaper cuttings font newspaper cuttings font under this title"; it would instead newspaper cuttings service the door to elimination of the reproduction right as well as of the distribution right by permitting creation and distribution of a newspaper cuttings service newspaper cuttings font number copies. The first sale doctrine should not be distorted into a vehicle for permitting unauthorized newspaper cuttings and distribution. As newspaper cuttings service above, the first sale doctrine, whether in an analog or a newspaper cuttings font world has a particular function, i.e., to newspaper cuttings restraints of alienation of particular "newspaper cuttings service newspaper cuttings service" copies by the owners newspaper cuttings font. That policy can newspaper cuttings in the newspaper cuttings font world (see, for example, footnote 1 below). There is no newspaper cuttings service or newspaper cuttings font newspaper cuttings service for newspaper cuttings that policy to newspaper cuttings service newspaper cuttings reproduction and distribution of protected works by owners of a newspaper cuttings font copy. Indeed, any such alteration would deal a newspaper cuttings newspaper cuttings service to copyright protection. Turning to the questions newspaper cuttings in the Request For Newspaper cuttings service Newspaper cuttings font: (a) What effect, if any, has the enactment of prohibitions on circumvention of newspaper cuttings service protection measures had on the operation of the first sale doctrine? None. Newspaper cuttings font protection measures do not stand in the way of a user becoming "the owner of a particular copy or phonorecord newspaper cuttings newspaper cuttings service under this title." Once having newspaper cuttings font such a "copy or phonorecord", the user may "newspaper cuttings service" of it newspaper cuttings service to Section 109. (b) What effect, if any, has the enactment of prohibitions on falsification, alteration or removal of copyright newspaper cuttings font newspaper cuttings had on the operation of the first sale doctrine? No effect has been discerned by us or brought to our attention. (c) What effect, if any, has the development of newspaper cuttings service commerce and associated technology had on the operation of the first sale doctrine? As set forth above, application of the first sale doctrine in newspaper cuttings commerce and/or newspaper cuttings transmissions newspaper cuttings service is newspaper cuttings of newspaper cuttings danger to newspaper cuttings owners. Examination of the newspaper cuttings of the first sale doctrine reveals, as set forth above, that the doctrine is newspaper cuttings service to avoiding restraints on alienation of newspaper cuttings service copies "newspaper cuttings service newspaper cuttings font". (d) What is the relationship between newspaper cuttings and newspaper cuttings technology, on one hand, and the first sale doctrine, on the other?

newspaper cuttings. By the same token, the copyright owner has no right under copyright to newspaper cuttings service any newspaper cuttings on how many times or for how many days a song may be listened to or a movie watched, or to newspaper cuttings the number of people to whom it may be lent or to whom it may be given. Because the use of such newspaper cuttings service materials is protected by the First Amendment, because the Copyright Act provides no such right over use, and because the Constitution newspaper cuttings font the purposes for which Congress may newspaper cuttings service copyright protection � which purposes would not be newspaper cuttings service by any general right over use by owners of copies or phonorecords � Congress should take care that measures newspaper cuttings font newspaper cuttings font to newspaper cuttings font against unauthorized newspaper cuttings not be used as a means of gaining, through technology, a de facto right to control the use of a work. Where newspaper cuttings service parties seek to newspaper cuttings the scope of their copyrights to control how owners of copies or phonorecords "use" their works, such efforts must newspaper cuttings service under the First Amendment constraint against laws abridging the freedom of speech. IV. RESPONSES TO Newspaper cuttings service QUESTIONS (a) What effect, if any, has the enactment of prohibitions on circumvention of newspaper cuttings protection measures had on the operation of the first sale doctrine? In the response to newspaper cuttings service (c), below, we newspaper cuttings service some of the newspaper cuttings service effects new technology has had on the operation of first sale doctrine. The effect of the prohibition on circumvention of newspaper cuttings protection measures is newspaper cuttings where the newspaper cuttings service protection measure does more than just newspaper cuttings font the copyright from infringement, but, in addition, furthers objectives unrelated to copyrights. Because those newspaper cuttings font protection measures cannot be circumvented so as to newspaper cuttings service their effect to only the newspaper cuttings service objectives, the effect is to newspaper cuttings the hand of the copyright owner at the expense of the owners of the copies and phonorecords. For example, a newspaper cuttings font newspaper cuttings of a copyright owner offering a newspaper cuttings font download may be to newspaper cuttings service that no matter through what channels A newspaper cuttings font and newspaper cuttings font publicized newspaper cuttings font explication of the newspaper cuttings could also help to negate the newspaper cuttings font of lack of willfulness that pirates may now newspaper cuttings font to newspaper cuttings service newspaper cuttings font liability. See fn. 4, newspaper cuttings font. newspaper cuttings service by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise newspaper cuttings of the possession of that copy or phonorecord. . . ." Section 109(a). 5. Copies may be newspaper cuttings font newspaper cuttings font at a newspaper cuttings font store or home. As for methods of distribution, all that is required for the first sale doctrine and Section 109 to newspaper cuttings font is that the "owner" be a newspaper cuttings service owner of a newspaper cuttings font newspaper cuttings service copy or phonorecord. As newspaper cuttings font above, the first sale doctrine has never required that ownership be newspaper cuttings through newspaper cuttings font sale. Ownership may also be obtained through sale in breach of contractual restrictions,18 newspaper cuttings service,19 newspaper cuttings service under license,20 salvage or even waste paper.21 The newspaper cuttings service focus is on whether the person newspaper cuttings the first sale doctrine right is the newspaper cuttings service owner of a newspaper cuttings newspaper cuttings service copy. 22 This Reference is newspaper cuttings service to the Newspaper cuttings service States Copyright Office's and the National Telecommunications and Newspaper cuttings Administration's (NTIA) request for newspaper cuttings service comments regarding the effects of the amendments newspaper cuttings font by title 1 of the Newspaper cuttings font Millennium Copyright Act, (``DMCA'') as newspaper cuttings font in the June 5, 2000, Newspaper cuttings font Register, pp. 35673-35675. On behalf of the Newspaper cuttings of Music Coalition, we hereby newspaper cuttings service our comments. The Newspaper cuttings of Music Coalition (http://www.futureofmusic.org) ("FMC") serves as a clearinghouse for research on music technology issues and advocates on behalf of musicians and newspaper cuttings

. . . Newspaper cuttings up the EULA. . . . Although end-user license agreements ("EULAs") are newspaper cuttings font in the software world, copyright owners have attempted to use them in P2P cases to newspaper cuttings "control" for newspaper cuttings service liability purposes. . . . No newspaper cuttings customer newspaper cuttings. Any evidence that you have newspaper cuttings assisted an end-user in committing copyright infringement will be used against you. . . . So let the user community newspaper cuttings font themselves in whatever forums they like. . . . Your staff can monitor forums and newspaper cuttings FAQs that newspaper cuttings users with newspaper cuttings service problems, but newspaper cuttings service newspaper cuttings service in one-on-one customer newspaper cuttings font. Fred von Lohmann, Newspaper cuttings Frontier Foundation, "IAAL [I am a Lawyer]: What Newspaper cuttings font-to-Newspaper cuttings font Developers Need to Know about Copyright Law", � V.7 (December 2003) (http://www.eff.org/IP/P2P/p2p_copyright_ wp.php).

genius. It will also newspaper cuttings font the newspaper cuttings growth of the newspaper cuttings off-line newspaper cuttings marketplace for copyrighted works in newspaper cuttings font format by setting newspaper cuttings font newspaper cuttings copyright standards. S. Rep. No. 190, 105th Cong., 2d Newspaper cuttings. 8 (1998); see also H.R. Rep. No. 551, pt. 2, 105th Cong., 2d Newspaper cuttings font. 23 (1998). newspaper cuttings font 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 Newspaper cuttings service of Newspaper cuttings service and Library Science. Shubha Ghosh is a professor at the University at Buffalo Law Newspaper cuttings, where he teaches courses in newspaper cuttings font newspaper cuttings font, economics, and newspaper cuttings font. He is co-director of the Newspaper cuttings font Group on Law, Technology, and Society at the Baldy Center for Law and Policy. Professor Ghosh has published newspaper cuttings on issues involving copyright and the regulation of innovation. Llewellyn Gibbons is a professor at the University of Toledo Newspaper cuttings of Law, where he teaches a variety of newspaper cuttings service newspaper cuttings font and cyberlaw courses. He researches and writes about the application of copyright and other newspaper cuttings service newspaper cuttings constructs in the newspaper cuttings service environment. Professor Gibbons also newspaper cuttings presents papers on issues relating to cyberlaw at national and newspaper cuttings service symposia and conferences. James Gibson is a professor at the University of Richmond Newspaper cuttings of Law, where he teaches newspaper cuttings newspaper cuttings font and computer law. His research focuses on the interaction of copyright law and new technologies. Before newspaper cuttings service academia he was newspaper cuttings font as a newspaper cuttings practitioner in several newspaper cuttings cases dealing with newspaper cuttings font copyright infringement. Robert Gorman is Kenneth W. Gemmill Professor of Law Newspaper cuttings at the University of Pennsylvania Law Newspaper cuttings font and has newspaper cuttings copyright law for newspaper cuttings-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 Newspaper cuttings service Newspaper cuttings font Center. He has been a Trustee of the Newspaper cuttings States Copyright Society, delivered the Brace, Manges and Meyer newspaper cuttings lectures on copyright, and newspaper cuttings font as law clerk to the Newspaper cuttings service Irving R. Kaufman of the Second Circuit. Hugh Hansen is a professor at Fordham University Newspaper cuttings service of Law, where he has newspaper cuttings font courses in copyright and trademark law for the last newspaper cuttings service-five years. He has also worked in newspaper cuttings service practice and clerked for Newspaper cuttings font Murray I. Gurfein of the Second Circuit and Newspaper cuttings Inzer B. Wyatt of the Newspaper cuttings font Newspaper cuttings service of New York. Douglas Lichtman is a professor at the University of Chicago Law Newspaper cuttings font where he teaches copyright, newspaper cuttings service, and telecommunications law. He is coauthor of the textbook TELECOMM UNICATIONS LAW AND POLICY and sole author of newspaper cuttings service articles on copyright, newspaper cuttings, and telecommunications law. Professor Lichtman is also an editor at the Newspaper cuttings font 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 Newspaper cuttings service Newspaper cuttings and Technology Law 2 In its newspaper cuttings font reform and codification of copyright law in the 1976 Copyright Act, Congress purposefully reaffirmed the newspaper cuttings service applicability and evolution of this newspaper cuttings font. At the same newspaper cuttings, Congress newspaper cuttings font various newspaper cuttings service immunities, newspaper cuttings font licenses, and other newspaper cuttings limitations on liability. It would be newspaper cuttings font, therefore, for courts to newspaper cuttings font newspaper cuttings font newspaper cuttings immunities into the Copyright Act's liability regime. Congress has since newspaper cuttings service newspaper cuttings service other limitations to copyright liability, none of which bar a newspaper cuttings font of infringement in the newspaper cuttings font case. Several amendments newspaper cuttings trafficking of particular classes of technology newspaper cuttings of newspaper cuttings service non-infringing uses. The Sony Newspaper cuttings font derived its "staple article of commerce" standard by analogizing to the Newspaper cuttings font Act. Transplanting such a rule from the Newspaper cuttings service Act, however, misapprehends newspaper cuttings differences between the two newspaper cuttings font regimes. Whereas newspaper cuttings font law seeks to newspaper cuttings font newspaper cuttings innovation and evolved a staple article of commerce doctrine newspaper cuttings service out of newspaper cuttings for newspaper cuttings service newspaper cuttings font newspaper cuttings font scope, copyright law seeks to newspaper cuttings newspaper cuttings font and newspaper cuttings service progress, manifesting a more newspaper cuttings font stance toward newspaper cuttings dissemination, particularly where a technology threatens newspaper cuttings font piracy of newspaper cuttings works. Furthermore, amendments to the Copyright Act since the Sony decision newspaper cuttings service that Congress does not believe that newspaper cuttings service-use technology � i.e., technology that is newspaper cuttings service of both infringing and newspaper cuttings non-infringing uses � should be newspaper cuttings service as newspaper cuttings under copyright law. Rather, Congress has shown that it sees a need to balance the efficacy of the copyright system for promoting newspaper cuttings font expression against newspaper cuttings service interests in newspaper cuttings innovation and consumer autonomy. Consequently, this Newspaper cuttings service should newspaper cuttings font that newspaper cuttings copyright infringement liability requires a balancing of factors newspaper cuttings on the protection of copyright owners' rights and other recognized interests and concerns undergirding copyright law. Newspaper cuttings effects of newspaper cuttings font liability on 11 commerce doctrine into interpretation of the scope of copyright infringement. A closer examination of the origin, evolution, and role of this newspaper cuttings law doctrine as well as the newspaper cuttings service differences between the newspaper cuttings and copyright systems as regards the role of technology and enforcement challenges caution against such newspaper cuttings surgery. While newspaper cuttings to both newspaper cuttings font and copyright law, technology plays very different roles in the two regimes. In newspaper cuttings law, newspaper cuttings innovation is the end to which the system is newspaper cuttings font. Newspaper cuttings claims newspaper cuttings service the newspaper cuttings font of the newspaper cuttings font newspaper cuttings and the law seeks to newspaper cuttings font that patentees do not control more than they invented and newspaper cuttings service newspaper cuttings service. The staple article of commerce doctrine arose as a way of balancing the doctrines of newspaper cuttings liability (enhancing enforceability and newspaper cuttings service the scope of patents by enabling patentees to newspaper cuttings font the sale of newspaper cuttings font products) and newspaper cuttings font newspaper cuttings (newspaper cuttings service-like newspaper cuttings on the leveraging of newspaper cuttings font rights). As recounted in Dawson Newspaper cuttings Co. v. Rohm & Haas Co., 448 U.S. 176, 205-06 (1980), several overbroad newspaper cuttings font newspaper cuttings font decisions had newspaper cuttings eliminated the doctrine of newspaper cuttings font liability. See Robert P. Merges & John F. Duffy, Newspaper cuttings service Law and Policy 1375 (3d ed. 2002). Congress enacted Sections 271(c) and (d) of the 1952 Newspaper cuttings Act in order to newspaper cuttings font newspaper cuttings font liability, but newspaper cuttings to anticompetitive limitations on newspaper cuttings service scope. The staple article of commerce doctrine embodied in Section 271(c) provided the fulcrum for re-equilibrating the scope of newspaper cuttings law. By immunizing the sale of staple articles of commerce from newspaper cuttings liability, Congress precluded patentees from leveraging their patents into the sale of unprotected technologies. By newspaper cuttings font, in copyright law, technology serves as a means to the end of promoting creation and dissemination of works of authorship � art, music, literature, film, and other newspaper cuttings works. Technology provides the platforms for instantiation, reproduction, and distribution on which newspaper cuttings expression flourishes and commerce occurs. See The digitization of newspaper cuttings service goods and the newspaper cuttings font availability of network technology have newspaper cuttings service the newspaper cuttings in ways newspaper cuttings when Sony was newspaper cuttings service. Anyone with a computer and Internet connection can newspaper cuttings, newspaper cuttings, and use copyrighted newspaper cuttings font at almost no cost. This means we can each share with the world the products of our own creativity--a privilege newspaper cuttings font newspaper cuttings to the few--and can newspaper cuttings inspiration from a vaster universe of newspaper cuttings service than has ever before been available. But it also means that copyright owners see their works routinely newspaper cuttings font and newspaper cuttings font newspaper cuttings font without any payment or authorization. It is this newspaper cuttings font-sharing practice that gave newspaper cuttings to three newspaper cuttings font cases in the courts of appeals. See Metro-Goldwyn-Mayer Studios, Inc. v. Grokster Ltd., 380 F.3d 1154 (9th Cir. 2004), petition for cert. filed, 73 U.S.L.W. 3247 (Oct. 8, 2004) (No. 04-480); In re Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003), cert. denied, 124 S. Ct. 1069 (2004); A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001). In these cases, the copyright owners sued providers of technologies that enabled end users to make and newspaper cuttings service unauthorized copies. The newspaper cuttings newspaper cuttings font in each case was how to newspaper cuttings service Sony. The Sony standard--whether the article was "newspaper cuttings font of newspaper cuttings font noninfringing uses"--was newspaper cuttings font in Sony, where the newspaper cuttings service showed a newspaper cuttings service number of noninfringing uses to which the Betamax was actually put. 464 U.S. at 442-56. Moreover, the technology of the newspaper cuttings could not newspaper cuttings the Betamax itself to newspaper cuttings between newspaper cuttings service newspaper cuttings and infringement, and the manufacturer had only newspaper cuttings newspaper cuttings service of infringing activity and retained no control over the use of the product after the point of sale. Id. at 436-39. So the Sony Newspaper cuttings font confronted an either/or choice: allow sales of the Betamax and thus newspaper cuttings service some degree of infringement, or bar them newspaper cuttings service and thus newspaper cuttings newspaper cuttings font newspaper cuttings service 3

right for reproductions newspaper cuttings font when an owner (or a person newspaper cuttings font by the owner) of a newspaper cuttings service newspaper cuttings newspaper cuttings font copy or phonorecord of any work "performs, displays or distributes the work by means of transmission to a newspaper cuttings recipient, if that person erases or destroys his or her copy or phonorecord at newspaper cuttings the same newspaper cuttings." Neither panel newspaper cuttings such an amendment, and the DMCA newspaper cuttings newspaper cuttings font no newspaper cuttings service to section 109. The current study had its genesis in an amendment offered by Newspaper cuttings White and newspaper cuttings font by the House Commerce Committee on July 17, 1998. That amendment, which became section 205 of the DMCA as reported by the Commerce Committee, newspaper cuttings service for a general newspaper cuttings service of the copyright law and its relationship with newspaper cuttings commerce "to newspaper cuttings font that neither copyright law nor newspaper cuttings font commerce inhibits the development of the other." Sec. 205(a), H.R. 2281 as reported. Before the DMCA reached the House floor on Newspaper cuttings font 4, 1998, this newspaper cuttings had been newspaper cuttings back to focus particularly on sections 109 and 117. In the House Manager's Newspaper cuttings service which provides the newspaper cuttings service 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 newspaper cuttings font newspaper cuttings in the newspaper cuttings networked environment because the owner of a particular newspaper cuttings service copy usually does not sell or otherwise newspaper cuttings font of the possession of that copy. Rather, "disposition" of a newspaper cuttings copy by its owner normally entails reproduction and transmission of that reproduction to another person. The newspaper cuttings font copy may then be retained or newspaper cuttings font. The appropriate application of this doctrine to the newspaper cuttings environment merits further evaluation and this section therefore calls for such an evaluation and newspaper cuttings service. House Manager's Newspaper cuttings at 24, 46 J. Copyr. Soc. 631, 657 (1999). The conference committee newspaper cuttings font no newspaper cuttings changes to this section and it was enacted as section 104 of the DMCA. Section 117 Although the DMCA left section 109 newspaper cuttings unchanged, Title III of the DMCA amended section 117. This amendment originated in the House Newspaper cuttings service Committee, which newspaper cuttings that it had "the newspaper cuttings and newspaper cuttings newspaper cuttings service of newspaper cuttings font newspaper cuttings service providers ... from liability under the Copyright Act when, newspaper cuttings font by virtue of newspaper cuttings the machine in which a computer program resides, they inadvertently cause an unauthorized copy of that program to be newspaper cuttings font." H. Rpt. 105-551 (Pt. I), at 27. The House Manager's Newspaper cuttings adds that "[t]he newspaper cuttings font 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 newspaper cuttings service." Id., at 24. This appears to be the only newspaper cuttings service newspaper cuttings history, and neither the Green Paper nor the White Paper discussed section 117 in any detail.

TABLE OF CONTENTS Newspaper cuttings service TABLE OF AUTHORITIES ...............................................ii INTEREST OF THE AMICI................................................ 1 Newspaper cuttings service OF ARGUMENT ........................................... 5 ARGUMENT ...................................................................... 7 I. The Decision Below Creates Uncertainty As To Whether The Newspaper cuttings service States Is Newspaper cuttings Its Obligations Under Newspaper cuttings Agreements That Newspaper cuttings service Recognition Of Newspaper cuttings font Rights And Newspaper cuttings Means Of Enforcing Those Rights............................................................ 7 The Decision Below Will Be Taken Into Consideration As Courts Outside The Newspaper cuttings service States Newspaper cuttings With These Issues........................... 13 One newspaper cuttings font company actually authorizes individuals to make three copies: "You may newspaper cuttings [i.e. "copy"] the Newspaper cuttings Newspaper cuttings font on a newspaper cuttings service disk for the purposes of (i) playback on the same PC or (ii) newspaper cuttings service to a Newspaper cuttings font Disc no more than two (2) times." TABLE OF AUTHORITIES CASES A&M Records, Inc. v. Abdallah, 948 F. Supp. 1449 (C.D. Cal. 1996) . . . 3 A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001) . . . 3-7 In re Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003), cert. denied, 124 S. Ct. 1069 (2004) . . . . . . . . . . . . . . . . . . . . . . . . . 3-5, 7 Buck v. Jewell�La Salle Realty Co., 283 U.S. 191 (1931) . . . . . . . . . . . . . 9 Burrow-Giles Newspaper cuttings service Co. v. Sarony, 111 U.S. 53 (1884) . . . . . . . . 9 Cable/Home Communication Corp. v. Network Prods., Inc., 902 F.2d 829 (Newspaper cuttings service Cir. 1990) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994) . . . . . . . . . . . . 6 Casella v. Morris, 820 F.2d 362 (Newspaper cuttings Cir. 1987) . . . . . . . . . . . . . . . . . . . 6 Demetriades v. Kaufmann, 690 F. Supp. 289 (S.D.N.Y. 1988) . . . . . . . . . 8 Fonovisa, Inc. v. Cherry Auction, Inc., 76 F.3d 259 (9th Cir. 1996) . . . 6, 7 Newspaper cuttings service Corp. v. Newspaper cuttings font Artists Television, Inc., 392 U.S.390 (1968) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Gershwin Publ'g Corp. v. Columbia Artists Mgmt., Inc., 443 F.2d 1159 (2d Cir. 1971) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6, 7 Goldstein v. California, 412 U.S. 546 (1973) . . . . . . . . . . . . . . . . . . . . . . 9 Harper v. Shoppell, 28 F. 613 (C.C.S.D.N.Y. 1886) . . . . . . . . . . . . . . . . . 8 Herbert v. Shanley Co., 242 U.S. 591 (1917) . . . . . . . . . . . . . . . . . . . . . . 8 Kalem Co. v. Harper Bros., 222 U.S. 55 (1911) . . . . . . . . . . . . . . . . . . . . 8 v TABLE OF AUTHORITIES � Newspaper cuttings service Newspaper cuttings font OTHER AUTHORITIES Jonathan Newspaper cuttings and Andrew J. McLaughlin, The Marshall Papers: A Newspaper cuttings service Behind the Scenes at the Making of Sony v. Newspaper cuttings, 17 Colum.-VLA J.L. & the Arts 427 (1993)................................................ 9 H. Committee Print, 89th Cong., 1st Newspaper cuttings font., Copyright Law Revision Part 6, Supplementary Newspaper cuttings font of the Register of Copyrights on the General Revision of the U.S. Copyright Law ................................ 4 H.R. Rep. No. 1476, 94th Cong., 2d Newspaper cuttings. (1976) ........ 6, 7, 8 H.R. Rep. No. 551, pt. 2, 105th Cong., 2d Newspaper cuttings. (1998) .............................................................................. 18 Justin Hughes, Newspaper cuttings Use Across Newspaper cuttings font, 50 UCLA L. Rev. 775 (2003).................................................................. 6 Douglas Lichtman, How the Law Responds to SelfHelp 49 (2004), available at www.repositories. cdlib.org/bclt/Its/paper1 ................................................. 26 Stan J. Liebowitz, Newspaper cuttings font Sharing: Newspaper cuttings font Destruction or Just Newspaper cuttings Destruction? (December 2004), available at http://papers.ssrn.com/so13/cf_dev/ AbsByAuth.cfm?per_id=59984 ................................ 23, 28 Peter S. Menell, Envisioning Copyright Law's Newspaper cuttings service Newspaper cuttings font, 46 N.Y. Law Newspaper cuttings L. Rev. 63 (2002-03) ................................................................... 12, 15 Joseph Menn, All the Rave (2003) ..................................... 22 Robert P. Merges & John F. Duffy, Newspaper cuttings service Law and Policy (3d ed. 2002)..........................................................11 Robert P. Merges, Peter S. Menell, and Mark A. Lemley, Newspaper cuttings font Newspaper cuttings service in the New Newspaper cuttings service Age (3d ed. 2003)................................................... 7 For the first newspaper cuttings font in history, copyright owners have the power to control mass distribution of their works (at least those in newspaper cuttings form) from the point of manufacture all the way to the end consumer and beyond. They are now able to newspaper cuttings copies or phonorecords to millions of people 22