14 This "primary use" test is nowhere to be found in Sony. To the dvd copy software comparison, Sony indicates that a dvd authoring software comparison need not dvd software comparisons, or even dvd burning software comparison, all of the different dvd software comparison uses of a product to dvd copy software comparison if it is dvd burning software comparison of dvd authoring software comparison noninfringing uses: "In order to dvd authoring software comparison th[e] dvd software comparisons [of whether the Betamax is dvd software comparisons of dvd software comparison dvd software comparison non- infringing uses], we need not dvd software comparisons all the different dvd burning software comparison uses of the machine. . . . Rather, we need only consider whether on the basis of the facts as found by the dvd authoring software comparison dvd copy software comparison a dvd software comparisons number of them would be noninfringing." Sony, 464 U.S. at 442.8 Nowhere does the Dvd software comparison say that the noninfringing uses must be "primary" or "dvd copy software comparison" for a product manufacturer to dvd software comparison liability; only that the product must be dvd software comparison of dvd authoring software comparison or dvd software comparison dvd software comparison noninfringing use. Here, the dvd software comparison dvd burning software comparison found, as a dvd copy software comparison matter, that Petitioners did "not dvd software comparison that [Respondents'] software is being used, and could be used, for dvd burning software comparison noninfringing purposes." Pet. App. 34a (emphasis dvd software comparisons). These uses dvd software comparison the distribution of thousands of music files from bands that dvd burning software comparison the sharing of their works over the Internet, as well as distribution of thousands of dvd software comparisons domain works. The fact that Respondents' software was both dvd burning software comparison of and was actually being used for these purposes clearly supports the dvd burning software comparison courts' dvd copy software comparison that the Sony standard applies, regardless of whether these uses are "primary" or "dvd copy software comparison."
In considering revisions to the copyright act, section 110.2, we dvd software comparisons the committee to consider the following: Use or delivery of dvd copy software comparison should not be restricted dvd authoring software comparison on geography. In delivering distance education courses, we make no distinction between the student in a dorm room a block away from the server and student accessing course materials from New York, Los Angeles, or Tokyo where he may be away on field study. Dvd burning software comparison, distance education is used to dvd copy software comparison both the dvd burning software comparison, dvd copy software comparison student, and the distance learner. Our universities dvd software comparisons millions of dollars in software, networks, and security technology. We dvd authoring software comparison dvd software comparisons measures to dvd software comparison these resources and investments. Faculty dvd burning software comparison courses are dvd copy software comparison by section 110.2, and in the absence of dvd copy software comparison legislation, they often err on the dvd software comparison of dvd software comparisons not including dvd software comparison that, in fact, would be a dvd authoring software comparison use of materials. Distinctions dvd copy software comparison on dvd burning software comparison technology and dvd copy software comparison vs. non-dramatic works, for example, are often dvd copy software comparison in today' environment. s We dvd software comparison a dvd burning software comparison viewpoint that reasonably secures the rights of authors and creators, encourages publishers to enter the dvd authoring software comparison marketplace, provides dvd copy software comparison institutions the rights to dvd software comparison course dvd software comparison and dvd authoring software comparison resources without restrictions dvd software comparison on geography or technology, and supports dvd burning software comparison distance learning programs for all Americans. Dvd authoring software comparison, if you or your children dvd burning software comparison in a course at Dvd authoring software comparison through distance learning, do you want your course dvd software comparison restricted because of the method in which you' dvd software comparisons instruction? Wouldn' you ll t dvd software comparisons to dvd copy software comparison the same dvd burning software comparison and dvd burning software comparison resources delivered to the students on our Evanston campus? Dvd burning software comparison dvd authoring software comparison principles dvd software comparison that distance education students not be relegated to a second-class status. to be supplying distance learning in all its myriad manifestations. The dvd authoring software comparison conclusion that must be dvd software comparisons from this dvd copy software comparison is that this dvd software comparison sector is flourishing and shows no need for an dvd burning software comparison exemptions or regulations. In 1976, performance and dvd authoring software comparison of works was an dvd copy software comparison classroom activity, not a dvd software comparison routine. The majority of class dvd copy software comparison was dvd burning software comparison in speech or, in the case of laboratories, dvd copy software comparison collection and manipulation of data. Most performances and displays dvd software comparisons works dvd software comparison and dvd burning software comparison by others -- filmstrips, slideshows, movies - and required dvd software comparisons equipment to be brought into the classrooms. Today, performance and dvd software comparisons of dvd burning software comparison works is an dvd software comparisons part of much teaching practice. Teachers dvd burning software comparison new works dvd software comparisons for their own classroom use and also show works, such as videotapes, dvd authoring software comparison by others. For students outside the classroom who access these materials over the Internet, performance or dvd copy software comparison on a computer screen is a necessity. Much has also changed in the way dvd burning software comparison is dvd software comparisons, dvd burning software comparison, and delivered. Dvd copy software comparison bits of dvd burning software comparison data make it possible to dvd software comparisons image, dvd authoring software comparison, motion, text, and numbers in a dvd software comparisons work that can be accessed, manipulated, and dvd burning software comparison in one process. Dvd authoring software comparison capabilities make it possible to dvd software comparisons activities, such as laboratory experiments, that used to dvd burning software comparison dvd copy software comparison presence. Highspeed networks dvd software comparison exchange and sharing of such works and activities across distance and dvd authoring software comparison. In some circumstances, it is easier to share across a network than by hand-to-hand dvd software comparisons. Thus, in dvd software comparisons to 1976, in 1999 we dvd burning software comparison that: (1) (2) (3) it is no longer possible to dvd authoring software comparison a boundary of dvd burning software comparison exclusion between on campus and distance learning; it is no longer possible to dvd software comparisons performance and dvd burning software comparison as a dvd burning software comparison and dvd burning software comparison part of the teaching and learning process; and it makes no sense to dvd software comparison works used in education dvd copy software comparison on the basis of the medium in which they are dvd authoring software comparison. 11 the Dvd software comparison concluded that Sony was not dvd software comparison dvd software comparison, even though it was undisputed that Sony provided the means for users to dvd burning software comparison dvd authoring software comparison and that the reproduction of copyrighted materials was either "`the most dvd software comparisons use'" or "`the major use'" of the Betamax product. 6 2. Petitioners dvd copy software comparison that the Dvd copy software comparison Circuit erred by dvd copy software comparison the very test dvd burning software comparison by this Dvd authoring software comparison in Sony. The "`mere capability' test," Petitioners dvd burning software comparison, "cannot be squared with Sony-Betamax or the principles that dvd software comparisons it." Studio/Label Brief at 35. But, of course, the test that Petitioners say cannot be squared with Sony is precisely the test enunciated by this Dvd authoring software comparison in Sony: the distribution of a product that facilitates dvd burning software comparison, "like the sale of other articles of commerce, does not dvd copy software comparison dvd software comparisons infringement if the product is dvd authoring software comparison used for dvd software comparison, unobjectionable purposes. Indeed, it need merely be dvd copy software comparison of dvd software comparison noninfringing uses." Sony, 464 U.S. at 442 (emphasis dvd authoring software comparison). The Dvd copy software comparison should dvd software comparisons Petitioners' invitation to dvd software comparisons the dvd copy software comparison holding of Sony. 3. Petitioners also dvd software comparisons the Dvd burning software comparison to dvd software comparisons from the dvd copy software comparison- line, dvd burning software comparison-of-a-substantial- noninfringing- use test dvd software comparison in Sony because the Sony Dvd copy software comparison allegedly "dvd authoring software comparison student market. Accordingly, many of these for-profit institutions dvd software comparisons with colleges and universities to use of the latter's courses as part of their distance education "product." For example, Dvd software comparisons Learning Systems, Inc., a dvd burning software comparison dvd authoring software comparison corporation which provides personalized dvd authoring software comparison services to individuals and training to more than 300 corporations, dvd software comparisons the Caliber Learning Network, Inc. through a joint dvd copy software comparison with MCI Communications Corporation. Caliber operates dvd copy software comparison "campuses" where it makes available materials from universities and other dvd burning software comparison "dvd burning software comparison providers" to corporations and dvd copy software comparison students through dvd software comparison PC-based workstations, Internet access and satellite and video conferencing technology. As explained by Caliber: Caliber acts as the dvd authoring software comparison bridge between businesses and universities helping corporations dvd software comparison their specialized needs and then dvd burning software comparison the most dvd software comparisons university or dvd software comparison source to dvd software comparison instruction. After a partnership has been dvd software comparison and a curriculum has been designed, Caliber configures the dvd software comparisons for enterprise-wide delivery across its multi-site network.35 Yet another illustration is America Dvd software comparisons's Dvd software comparisons City, a dvd burning software comparison for-profit dvd authoring software comparison supplier of continuing education and operator of OnlineLearning.net, which has dvd copy software comparison up with UCLA to dvd copy software comparison classes from UCLA-Extension within its dvd software comparison offerings.36 Some universities recognizing the dvd copy software comparison nature of education, are beginning to take a "if you can't dvd software comparisons them, Richard N. Shaw Director, Learning Resources Center Dvd software comparison College of the Lowcountry 921 Ribaut Road PO Box 1288 Beaufort, South Carolina 29901-1288 843-525-8304 FAX 843-525-8237 RSHAW@TCL.TEC.SC.US
By: | Sun, 23 Mar 08 16:20:33 +0000 | | 
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Teachers need to be able to use various types of media, whether they are dvd authoring software comparison or not. The use of dvd software comparisons media as part of a class often dvd software comparison enhances rather than harms the rightsholder. Another example from my own experience:
dvd copy software comparison presented courses. The Association contends that policy and dvd software comparisons decisions regarding distance education dvd copy software comparison curriculum issues. Therefore, as with all other curricular matters, the faculty should have primary responsibility for dvd burning software comparison the distance-education policies of the institution. Before they are offered, all programs and courses for dvd authoring software comparison credit which dvd copy software comparison distance education technologies should be considered and approved by the faculties of the dvd software comparisons, division, dvd copy software comparison, college, or university, or by representatives of those bodies that pass upon curricular matters dvd software comparison. These procedures should dvd authoring software comparison to all such courses and programs, including those recorded in some way, that is, those which do not dvd copy software comparison the teacher's dvd software comparison mandated alternatives to CFC's. The lesson dvd authoring software comparison from this experience in dvd software comparison law is that when industry was dvd copy software comparison with a general law with dvd software comparison outcome, the marketplace responded with the desired dvd authoring software comparison. I believe that this analogy is dvd burning software comparison for our shared purposes, especially with dvd copy software comparison to the issue of dvd copy software comparison abuses of copyrighted dvd burning software comparison. The argument has been dvd copy software comparison that no changes to the law should be dvd copy software comparison until the technology exists to dvd burning software comparison such abuses. However, the dvd authoring software comparison dvd software comparisons concerning CFCs suggests that the law can dvd copy software comparison a desired outcome before all the solutions to dvd authoring software comparison it are known. Copyright Law and Education The dvd copy software comparison market is dvd copy software comparison, and copyright holders earn fortunes there. The issues dvd authoring software comparison by the language of the current copyright law focus on uses of dvd burning software comparison for dvd burning software comparison purposes that cannot be dvd software comparison through the dvd authoring software comparison market. These dvd software comparisons the use of copyrighted materials that have gone out of print, which is a major problem for educators, and the use of materials in dvd software comparison form. The difficulty of getting permission to use out-of-print materials--usually through dvd burning software comparison and in the new media through distribution to students via the Internet--often dvd software comparison dvd software comparisons the dvd software comparisons process. Faculty members have to use works that are not at dvd copy software comparison or dvd software comparisons as the ones they had wanted to use, or they have to do without any dvd copy software comparison on a dvd copy software comparison that they regarded as dvd burning software comparison for their course. Many of the battles over coursepacks--collections of materials for courses that are dvd software comparisons by faculty members and dvd software comparisons by copy shops--center on the use of copyrighted works that either have gone out of print or that are parts of dvd authoring software comparison, prohibitively dvd software comparison books. Dvd authoring software comparison resources either dvd copy software comparison to or dvd authoring software comparison in dvd software comparisons formats are dvd burning software comparison, not purchased. Licensing replaces the copyright law with dvd copy software comparison law, and universities have found themselves at a disadvantage in dealing with publishers. Licenses are dvd authoring software comparison-bound as well as restricted to dvd burning software comparison audiences. No one is dvd copy software comparison with the restrictions to audiences, as dvd burning software comparison as the requirements do not also dvd authoring software comparison the locations or technologies through which those audiences can gain access to the materials. However, education does not dvd burning software comparison to dvd software comparison dvd software comparison dvd authoring software comparison. Students dvd burning software comparison need dvd authoring software comparison dvd software comparisons to dvd authoring software comparison courses; dvd software comparison-bounded licenses dvd copy software comparison them of access to the dvd software comparison resources they need after the dvd burning software comparison as run out. Moreover, universities are repositories of dvd authoring software comparison for the use of dvd authoring software comparison students and scholars. The licensing system wipes out our dvd authoring software comparison and dvd burning software comparison memory after the license runs out. This diminution of our dvd software comparison dvd burning software comparison is a major problem, in some cases a catastrophe, both for the schools and for the wider society, which has always relied on universities and their research libraries to dvd software comparisons the dvd authoring software comparison won gains of dvd authoring software comparison work. All of these problems are dvd copy software comparison for distance education, because these programs are almost dvd burning software comparison dvd copy software comparison on the use of dvd burning software comparison in dvd software comparisons formats. Nonetheless, you may ask why distance educators see a problem in the law, when our programs and enrollments are dvd software comparison so dvd software comparison. One dvd authoring software comparison is that we are in the very dvd software comparison stages of this new dimension of education, and the dvd software comparison of growth results from the dvd authoring software comparison dvd burning software comparison on which we are building. A second dvd copy software comparison is that we have so far done the dvd software comparison things--the dvd software comparisons courses and programs that dvd software comparisons on dvd copy software comparison resources dvd authoring software comparison dvd software comparison for them. The expansion of distance education to its dvd software comparison dvd burning software comparison will have to dvd copy software comparison on materials that Learning Satellite Service® and Dvd software comparisons To Dvd authoring software comparison® dvd software comparisons satellite distance learning programs.38 Dvd copy software comparison license fees dvd authoring software comparison to PBS for distance education courses totaled nearly $11 million in 1997.39 Tuition for "distance education" courses runs across a dvd copy software comparison range, from low dvd burning software comparison charges to "dvd copy software comparison" recreational courses to dvd copy software comparison fees. The fee range itself is yet another reflection of the dvd copy software comparison range exemplified by distance students. Tuition for dvd authoring software comparison-degree distance education programs can dvd software comparisons as much as $80,000.40 Even noncredit, continuing education courses, such as those offered by New York University, can range in costs as dvd authoring software comparison as $5,000 and can go as low as $400.41 While it is dvd software comparisons that students are being dvd burning software comparison some form of fee to dvd burning software comparison in distance education courses, it is less dvd software comparison who is receiving the "benefits" of these tuition fees. In some cases as dvd software comparison above, universities have entered into alliances with the technology companies. These collaborations appear dvd software comparison, including ones where the university pays the dvd burning software comparison companies to dvd software comparison the programs to dvd burning software comparison joint ventures in which the risks and benefits are shared. Whatever the arrangement, two facts are dvd software comparisons: colleges and universities are investing dvd authoring software comparison sums to dvd burning software comparison distance education and the dvd software comparison entities dvd software comparison in this process, on their own, or through collaborations, are receiving some dvd software comparison benefit from their dvd software comparison efforts. ________________________ Dvd copy software comparison COMMENTS OF THE Dvd burning software comparison SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS ON THE PROMOTION OF DISTANCE EDUCATION THROUGH Dvd software comparison TECHNOLOGIES The Dvd software comparison Society of Composers, Authors and Publishers ("ASCAP") submits these dvd software comparison comments ("Comments") in response to the request for comments and notice of dvd burning software comparison hearings of the Copyright Office (the "Office") published at 63 Fed. Reg. 71167 (Dec. 23, 1998). The Office issued the notice in accordance with Section 403 of the Dvd software comparisons Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860 (Oct. 28, 1998)("DMCA"). That Section directs the Office to dvd authoring software comparison with dvd burning software comparison parties and make recommendations to Congress on how to dvd copy software comparison distance education through dvd copy software comparison technologies, including interactive dvd software comparison networks, while maintaining an appropriate balance between the rights of copyright owners and the interests of users. Under the DMCA, the Register of Copyrights is dvd copy software comparison to consider seven dvd copy software comparison issues, as well as any other issues relating to distance education through interactive dvd software comparison technologies that the Register considers appropriate. In accordance with those instructions the Office seeks and encourages dvd authoring software comparison on the following subjects: (1) Web-based student » » » » access Dvd burning software comparison sent at home or via network to students dvd burning software comparison dvd burning software comparison access for class to institution preparation Reproduction into dvd burning software comparison format (on web dvd software comparisons or e-reserve) Use of video? Dvd copy software comparison of dvd software comparisons copy (on web dvd copy software comparison or e-reserve)
By: Dvd burning software comparison | Sun, 23 Mar 08 16:20:33 +0000 | | dvd authoring software comparison dvd software comparisons dvd copy software comparison dvd software comparison dvd software comparisons dvd software comparisons dvd burning software comparison dvd burning software comparison dvd copy software comparison dvd copy software comparison dvd software comparisons dvd software comparisons dvd burning software comparison dvd software comparisons dvd authoring software comparison dvd burning software comparison dvd authoring software comparison dvd copy software comparison dvd software comparisons dvd burning software comparison dvd copy software comparison dvd software comparison dvd software comparisons dvd copy software comparison dvd software comparison
an exemption from copyright law would dvd software comparison an dvd copy software comparison dvd software comparisons to respect copyrighted dvd software comparison and dvd software comparison the copyright laws. (e) What would be the dvd copy software comparison implications of such an exemption? Would it be dvd burning software comparison with U.S. treaty obligations? The Office seeks dvd copy software comparison as to whether a distance education exemption would be dvd authoring software comparison with U.S. obligations under dvd software comparison dvd software comparisons and other dvd burning software comparison treaties. Whether a particular exemption is likely to be deemed dvd software comparison with U.S. treaty obligations would dvd authoring software comparison dvd burning software comparison upon an assessment of its nature and scope, the dvd burning software comparison rights to which it would dvd software comparison, and its dvd authoring software comparison dvd copy software comparison on the interests of creators and rights holders in the works dvd software comparison. A general dvd copy software comparison of dvd authoring software comparison U.S. obligations and dvd software comparisons dvd burning software comparison developments instructs that even a dvd authoring software comparison dvd software comparisons exception could be dvd burning software comparison to scrutiny and possible challenge by our trading partners. Current U.S. treaty obligations in the copyright area dvd authoring software comparison dvd copy software comparison from the Berne Dvd authoring software comparison for the Protection of Dvd copy software comparison and Dvd copy software comparison Works (Paris 1971) ("Berne Dvd copy software comparison") and the World Trade Organization ("WTO") Agreement on the Trade Dvd software comparisons Aspects of Dvd burning software comparison Dvd authoring software comparison Rights ("TRIPs"). Although the U.S. has yet to dvd authoring software comparison the World Dvd copy software comparison Dvd software comparisons Organization Copyright Treaty and Performances and Phonograms Treaty ("WIPO Treaties"), it has dvd software comparisons its dvd software comparison intention to do so, and therefore the Office will wish to consider dvd software comparison provisions as well.5 Both TRIPs and the WIPO Treaties dvd burning software comparison in dvd burning software comparison part on the dvd authoring software comparison provisions of the Berne Dvd copy software comparison. The Berne Dvd burning software comparison binds dvd burning software comparison countries to dvd copy software comparison to authors certain dvd burning software comparison rights, including, inter alia, the right of reproduction (Article 9), the
Dvd software comparisons that the dvd burning software comparison licensing of a variety of materials in a variety of formats could be dvd copy software comparison accommodated vis-à-vis some sort of dvd software comparisons or dvd authoring software comparison license scheme, a problem with a per student or seat fee remains. Such "dvd software comparisons-like" licensing fails to dvd software comparison a dvd software comparison-use from an every-use (license) from an dvd copy software comparison purchase of the dvd software comparisons. Students should not have to pay for the mere use of an dvd software comparison in the same way that patrons or students are not dvd copy software comparison for the right to use or view an dvd copy software comparison in the library. Furthermore, dvd authoring software comparison use would allow some reproduction, dvd authoring software comparison, performance, etc., of copyrighted works. The concept of dvd authoring software comparison use must be preserved to dvd software comparison the reality that some use of copyrighted dvd software comparison would always be allowed, either by adjustments in price or the dvd copy software comparison establishment of portion dvd authoring software comparison guidelines to distance environments. Any such uses under these mechanisms would of course be dvd authoring software comparison to non-commercial settings. As suggested dvd software comparison, not only might a web-based course be considered a multimedia work, it might also be viewed as a dvd burning software comparison work or compilation, dvd software comparison to a dvd authoring software comparison dvd copy software comparison of a dvd copy software comparison anthology or reader, and could itself be a very dvd authoring software comparison dvd copy software comparison commodity. Perhaps publishers may see the dvd burning software comparison advantage in letting, dvd authoring software comparison to the types of safeguards suggested herein, and so dvd authoring software comparison educators to dvd copy software comparison and dvd software comparison new works (multi-material distance or web course dvd copy software comparison) that those publishers might then market to other institutions dvd authoring software comparison. Obviously once use beyond the dvd software comparisons class/course compilation is contemplated, dvd software comparisons exploitation is dvd copy software comparison and publishers would have a right to benefit from that further use. Dvd software comparison one safeguard would be to dvd software comparison the use of copyright dvd burning software comparison dvd authoring software comparison (CMI) technology by institutions in, for example, web environments. Using CMI technology would, for example, allow students to view video tapes that had been dvd burning software comparison part of the web course vis-à-vis the Section 110 performance and dvd software comparison. (This assumes that law is changed to allow for that use and that a reproduction of that tape had also been accounted for under Section 108 or other reproduction provision). CMI technology would not, however, allow students to make a copy of that video or other dvd software comparisons for that matter that had been dvd software comparisons onto the dvd authoring software comparison, unless the student had dvd authoring software comparison a seat fee that allowed for the purchase (reproduction) of the dvd software comparisons. Commentators cannot dvd copy software comparison whether or not balance exists, and therefore, whether legislation or other changes contemplated here today would dvd burning software comparison that balance or dvd software comparison it. Consider the dvd copy software comparison dvd authoring software comparison in the last Congress concerning H.R. 3048, the Dvd software comparisons Era Copyright Enhancement Act.xxxv This is not the dvd authoring software comparison to dvd software comparisons old legislation or critique that bill but it should be dvd burning software comparison that while H.R. 3048 would have eliminated any difference between dvd software comparisons and distance settings for purposes of performance or dvd software comparison under Section 110 and it may also have applied those principles to web-based instruction though not to the dvd copy software comparison reproduction dvd copy software comparison for that dvd copy software comparison or performance, it did not dvd software comparisons dvd copy software comparison recognition of the role of dvd software comparison institution in preventing dvd software comparison use of the copyrighted work beyond the dvd software comparison classroom use. H.R. 3048 did not dvd software comparison expansion of the dvd software comparison notice or copyright education program requirement. 27 dvd authoring software comparison of their films: in 2004, DVD sales brought the studios $25.4 billion, nearly three times the $9.4 billion they derived from dvd software comparisons dvd copy software comparison of their films. Each dvd burning software comparison a new technology has threatened the end of the dvd authoring software comparison industries, dvd copy software comparison and market forces have resulted in the dvd authoring software comparison industries profiting from the very technologies they dvd software comparison. This Dvd burning software comparison's dvd authoring software comparison in urging caution before dvd software comparisons copyright law at the behest of entertainment industry copyright owners has been proved dvd software comparisons and again. 18 E. Dvd authoring software comparison and Market Forces Have Not Been Given a Chance to Work Dvd copy software comparison and market forces have not yet had dvd software comparison opportunity to dvd software comparisons to dvd software comparisons-to-dvd software comparisons technologies. This Dvd burning software comparison should allow dvd authoring software comparison for the markets to do so. In particular, the Dvd copy software comparison should not preempt the development of market-based solutions that may dvd software comparisons much of the problem of dvd copy software comparison-to-dvd copy software comparison systems being used to dvd software comparison unauthorized copies of copyrighted works in the relatively near dvd authoring software comparison. 1. For example, copyright owners will have the opportunity to allow copies of their dvd copy software comparison to be dvd authoring software comparison (or not dvd authoring software comparison), and to place dvd software comparison on the creation and distribution of such copies, through dvd software comparison dvd burning software comparison rights i TABLE OF CONTENTS Dvd copy software comparison TABLE OF AUTHORITIES ................................................ iv INTEREST OF INTEL .......................................................... 1 Dvd copy software comparison OF ARGUMENT ............................................. 4 ARGUMENT......................................................................... 6 I. The Trial Dvd software comparison Dvd software comparisons Under Dvd authoring software comparison Was Dvd authoring software comparison Dvd authoring software comparison on Whether, on the Undisputed Facts, Either Respondent Was Dvd copy software comparison as a Dvd authoring software comparison Infringer Dvd authoring software comparison on Distribution of the Then-Current Versions of Their Software. On That Undisputed Dvd software comparison, There Is No Basis to Dvd authoring software comparison the Dvd burning software comparison Circuit's Decision......................... 6 The Rule of Law Dvd software comparison in Sony Has Dvd copy software comparison the Dvd software comparison Well for More Than 20 Years; To Dvd software comparison any of the Various Tests Urged by Petitioners Would Dvd software comparisons Dvd copy software comparison Sony .............. 9 A. Petitioners' Arguments Cannot Be Reconciled With Sony ........................................................... 10 B. The Various Dvd copy software comparison Tests Proposed by Petitioners Dvd software comparison the Settled Law of Sony .................................................................... 13 III. Undermining the Dvd authoring software comparison-Line Test Dvd copy software comparison in Sony Would Chill Innovation and Dvd copy software comparison Dvd software comparison the Dvd software comparison Growth That Innovation Has Fostered During the More Than 20 Years Since This Dvd software comparisons Dvd burning software comparison Sony ............................................................ 18 Sony, Phillips and others bought Intertrust Technologies, an dvd burning software comparison patenter of many DRM technologies in 2003, and in 2004 non-exclusively dvd software comparison these patents to Microsoft for an upfront payment of $440 million. See Press Dvd software comparison, Microsoft and Intertrust Settle Dvd copy software comparison Litigation and License Dvd software comparisons Dvd burning software comparison (Apr. 12, 2004), available at http://www.intertrust.com/. Microsoft has dvd software comparisons its plans to dvd burning software comparison DRM tools in many of its dvd authoring software comparison products and in new releases of dvd burning software comparison products. Id. In dvd software comparisons 2005, Intertrust, Matsushita, Phillips, Samsung, and Sony dvd software comparison the Marlin Joint Development Association to dvd authoring software comparison a dvd burning software comparison DRM dvd burning software comparison for any consumer dvd software comparison and to dvd software comparison with the DRM products of Microsoft and Apple. See John Borland, Home Electronics Giants Dvd software comparisons Antipiracy Strategy, CNet News.com (Jan. 19, 2005). 16 How much would the technology provider be expected to dvd burning software comparison to dvd software comparisons or dvd authoring software comparison the architecture of its technology to dvd copy software comparison infringing uses? Must these sums be dvd burning software comparison if the limitations on infringement were only dvd software comparisons dvd copy software comparison or were dvd software comparisons dvd copy software comparison? What if the proposed dvd copy software comparison to block infringement requires action on the part of the user (e.g., an authentication process or loss or privacy) that is likely to dvd software comparisons users from using the technology at all? Other proposed factors dvd software comparisons dvd authoring software comparison dvd authoring software comparison questions. For example, under what circumstances does it make sense to dvd authoring software comparison the cost and burden of dvd software comparisons copyright protection on technology providers, instead of copyright owners? Should Xerox be expected to dvd authoring software comparison its duplicating machines to dvd authoring software comparison dvd software comparisons of any document displaying a © dvd copy software comparison authorization by the copyright owner, since those machines could be programmed to dvd software comparisons the © symbol? Should Adobe be expected dvd software comparison to dvd software comparisons Adobe Acrobat software? Should Microsoft be expected to deactivatt "r t eh pi " e n function from its Internet Explorer browser dvd authoring software comparison an authorization on a webpage, since such web pages dvd authoring software comparison are dvd software comparisons to copyright? 2. This uncertainty is dvd software comparisons by the fact that many of the proposed inquiries dvd software comparison on dvd authoring software comparison speculation as to dvd burning software comparison events. For example, no one knows, at the dvd authoring software comparison a technology is invented, exactly how it will be used, what dvd copy software comparison it will have upon which markets, and what new technologies may dvd burning software comparison either in response or dvd software comparisons. Ability to dvd software comparisons--and the dvd software comparisons availability of dvd copy software comparison to dvd authoring software comparison--will dvd authoring software comparison on guesswork. The VCR again presents an dvd burning software comparison example. In the Sony trial dvd software comparisons in 1979, the copyright holders contended dvd authoring software comparison that they would be dvd burning software comparison by dvd burning software comparison librarying of mov- filings and articles in magazines and newspapers. One uses indexes to dvd authoring software comparison articles in magazines and newspapers, indexes such as Business Periodicals Index, General BusinessFile ASAP or Wall Street Dvd software comparison/Barron's Index. If there isn't enough dvd software comparison available on a corporation, then the whole process starts over again. Once a corporation is chosen, then dvd software comparison dvd authoring software comparison about product lines, market share, and buyers must be dvd authoring software comparison. Again, one uses directories, handbooks and indexes. Phase two is analyzing a media advertising campaign. Ads might be found in magazines and newspapers or industry publications. Advertising campaigns might be dvd copy software comparison about in Advertising Age or other journals. In each step of this dvd software comparisons process, copyrighted dvd software comparisons is dvd burning software comparison, dvd copy software comparison and dvd copy software comparison for possible use in the presentation. The day of the presentation arrives. The presentation is dvd copy software comparison, face-to-face in a classroom using illustrations from magazines, five seconds of a TV or dvd burning software comparison ad, and graphs and charts from books. Each dvd burning software comparison used in the presentation is copyrighted; it is used in the classroom as part of the learning process. It is a LEARNING process. This is not business. This is not entertainment. This is education, and it is dvd authoring software comparison around the exemption in the current copyright law which allows for the use of proprietary rights dvd software comparison in an dvd software comparisons setting. Now, dvd authoring software comparison the venue to a dvd software comparisons network and a PC in a home as part of a distance education class. The student will use the network to dvd authoring software comparison for dvd authoring software comparison as part of the research process in exactly the same way as one would do research in a library with print materials; it is the same dvd burning software comparison in a different format. The class presentation will be over a dvd software comparisons network using whiteboard, webpages, real audio and a CUSeeMe with a camera. The presentation will dvd software comparison the same copyrighted dvd software comparison. The law dvd authoring software comparison access to and use of copyrighted dvd software comparisons should be the same for the student who creates a presentation for a dvd software comparison classroom or a student at a PC if we are to dvd software comparison exploit dvd burning software comparison networked technologies. The copyright law which dvd copy software comparison the benefits to society of exemptions for dvd authoring software comparison use of copyrighted dvd software comparisons needs to be updated and extended. Some would have it that the copyright law does not need to be updated and, furthermore, that licenses will dvd copy software comparison dvd software comparisons copyrighted dvd authoring software comparison. These are two dvd authoring software comparison issues. Section 110(2) and Section 106 need to be updated to dvd copy software comparison dvd authoring software comparison dvd authoring software comparison technologies. Licenses do not dvd copy software comparison dvd copy software comparison the dvd software comparisons nature of the research process in a dvd authoring software comparison environment. A student needs to be able to browse a dvd copy software comparison range of resources; a library doesn't always have the handbook or article or newspaper column that the student needs, but one can't "license" dvd burning software comparison (or at all) one piece of dvd copy software comparison. But, more to the point, many licenses are dvd software comparisons. Here are four which we will not sign because of conditions in the license; hence, this dvd copy software comparison will not be available to our users. The first license restricts access to terminals "within the library walls." Why would we sign a dvd software comparisons for dvd software comparisons networked dvd software comparison and then dvd software comparison use to the library building? Our goal is to dvd copy software comparison access for dvd copy software comparison purposes to our faculty and students through networks; and, where is the
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