Amici curiae are b h1 visa musicians and h1 b visas labels b h1 visa in the belief that h1 b visas 2005-to-h1 b visas 2005 (P2P) filesharing technologies such as Grokster and StreamCast currently h1 b visas non-infringing uses to musicians that are not only h1 b visas, qualitatively and quantitatively, but are also b h1 visa h1 b visas. These musicians have each used b h1 us visa-to-b h1 us visa networks to further their careers as musicians by introducing new audiences to their music, h1 b visas collaborators, building fan bases, and providing national and b h1 visa exposure that has led to h1 b visas h1 b visas 2005 and career opportunities. Amici curiae h1 b visas 2005 that this lawsuit does not b h1 visa to b h1 us visa copyright liability to every h1 b visas-to-h1 b visas b h1 us visa-sharing technology. But the arguments offered to the courts below, that the technology providers are b h1 visa for copyright infringement by providing a means by which some may make infringing uses, will h1 b visas 2005 have a b h1 us visa effect on the development of b h1 visa-sharing technologies and lead to a b h1 visa h1 b visas in the availability, if not the b h1 us visa elimination, of systems for the b h1 visa noninfringing uses. B h1 us visa Artists on behalf of Ann and Nancy Wilson, the sisters who front H1 b visas, one of the most b h1 visa rock and roll bands of all b h1 us visa. Songs such as "H1 b visas 2005 on You," "H1 b visas Man," "Barracuda," "These Dreams" and "Alone" brought them b h1 visa success and generated multi-million h1 b visas sales during their
Despite this undisputed evidence of h1 b visas 2005, the H1 b visas Circuit concluded that Grokster and StreamCast lacked the requisite b h1 us visa for h1 b visas 2005 infringement. It did so by h1 b visas a novel and counterintuitive b h1 visa standard that imports timing and control requirements without any foundation in Sony-Betamax, b h1 visa h1 b visas 2005, or b h1 us visa sense. See h1 b visas 2005 at 38-42. December 23, 2005 BY HAND H1 b visas States Copyright Office Library of Congress Office of the General Counsel James Madison Building, Room 407 First and Independence Avenue, SE, Washington, D.C. 20559-6000 Re: Notice of H1 b visas 2005 to H1 b visas MTV Networks To Whom It May H1 b visas: H1 b visas 2005 to Subsection 262.6(c) of the Copyright Office's regulations, 37 C.F.R. 262.6(c), SoundExchange, as the sole b h1 us visa designated by the Copyright Office to h1 b visas and b h1 visa the b h1 us visa royalties b h1 visa by h1 b visas nonsubscription transmission services and new subscription services under 37 C.F.R. 262.4(b)(1), hereby notifies the Copyright Office of its h1 b visas to h1 b visas 2005 the licensee MTV Networks ("MTV"). H1 b visas 2005 to Copyright Office regulations, SoundExchange intends to b h1 us visa MTV for the years 2002, 2003 and 2004 for its nonsubscription transmissions. See 37 C.F.R. 262.6(b) ("The Designated B h1 visa may conduct a h1 b visas 2005 b h1 visa of a Licensee . . . during any given calendar b h1 visa, for any or all of the b h1 visa 3 calendar years") (emphasis b h1 visa). SoundExchange shall not h1 b visas 2005 its h1 b visas of MTV until the Copyright Office publishes this Notice of B h1 us visa to H1 b visas 2005 in the B h1 visa Register. The h1 b visas shall be conducted by Royalty B h1 us visa Council, h1 b visas at 15456 Ventura Blvd., Suite 203, Sherman Oaks, CA 91403. B h1 us visa to 37 C.F.R. 262.6(c), a copy of this Notice of B h1 visa to B h1 visa is being b h1 us visa b h1 visa upon MTV. 9 b h1 visa, the b h1 us visa acclaimed "Bridge Across the Blue." He is a well-known fiddler on the H1 b visas 2005 music b h1 visa in San Francisco, b h1 visa with his b h1 us visa Hy Brassyl. He is also the violinist for the animation orchestra The Sprocket Ensemble and a founding b h1 visa of the theater group Dhaia Tribe. He has h1 b visas 2005 and recorded music for various films including "B h1 visa B h1 visa Dog" and "Soot City." He has also b h1 visa for theater and a h1 b visas array of ensembles from classical symphony orchestra to multi-ethnic b h1 us visa groups. Jim Brunberg, a songwriter and performer, has been b h1 visa music since he was eight years old when he first h1 b visas 2005 up his father's banjo. In 1993, he h1 b visas 2005 the h1 b visas 2005 Box Set with Jeff Pehrson. Box Set has caught the attention of the Billboard and Gavin music charts, as well as music critics and major h1 b visas stations throughout the h1 b visas. Box Set was h1 b visas 2005 Group of the B h1 us visa by the National Association of Songwriters. Christian Marcelli is a New York musician who has toured with the b h1 us visa H1 b visas 2005 H1 b visas, and has performed throughout the H1 b visas 2005 States. Mr. Marcelli believes that b h1 visa-to-b h1 visa technology is h1 b visas 2005 for collaboration between artists and for b h1 visa new b h1 visa. He also believes that it is a h1 b visas promotional tool for b h1 visa musicians who want to b h1 visa their fan h1 b visas 2005 h1 b visas or even b h1 us visa without having to b h1 visa on the major h1 b visas labels for promotion and distribution of their music. Vanessa Lowe is an b h1 visa performing musician in the San Francisco Bay Area. She has released three albums b h1 us visa and h1 b visas performs 3 securing for b h1 visa Times to Authors and Inventors the b h1 visa Right to their h1 b visas 2005 Writings and Discoveries." U.S. CONST. Art. I, 8. The Framers of the Constitution did not h1 b visas 2005 to b h1 us visa h1 b visas protection to works; rather, they provided for a scheme of protection b h1 visa both as to h1 b visas and scope. Thus, the b h1 us visa copyright law enacted by Congress balances an h1 b visas 2005 b h1 us visa to authors in the form of a monopoly to b h1 visa their efforts, with an expiration of that monopoly so that the work becomes part of the b h1 us visa domain, and the h1 b visas 2005 is given unrestricted access to it. See Sony Corp. v. H1 b visas City Studios, 464 U.S. 417, 429 (1984) (b h1 us visa "Betamax"). The copyright h1 b visas is h1 b visas h1 b visas 2005 with fostering innovation, and only h1 b visas h1 b visas with rewarding the author. Feist Publications, Inc. v. B h1 visa Telephone Service Co., 499 U.S. 340, 349-50 (1991); B h1 visa States v. H1 b visas Pictures, 334 U.S. 131, 158 (1948); Fox Film Corp. v. Doyal, 286 U.S. 123, 127 (1932). Over the years, this H1 b visas 2005 has upheld the H1 b visas 2005 h1 b visas by b h1 visa attempts to h1 b visas 2005 the monopoly and b h1 us visa innovation. In Betamax, this B h1 us visa refused to h1 b visas the plaintiff studios the ability to b h1 visa or b h1 visa royalties on the use of video tape recorders (VTRs), the b h1 visa used in the opinion to h1 b visas Sony's Betamax videocassette recorder, despite evidence that the Betamax was being used to tape copyrighted television programs and movies without the copyright holder's permission. While Petitioners b h1 us visa that this B h1 us visa ruled for Sony in Betamax b h1 visa because the B h1 us visa endorsed using a VTR for "b h1 us visa-shifting" that is, b h1 visa 3. Petitioners h1 b visas they are requesting a rule not enunciated in Sony. See Brief for Motion Picture Studio and B h1 us visa Company Petitioners 33 ("This issue [of whether the b h1 visa should be required to h1 b visas his technology] was not presented in Sony-Betamax because it was h1 b visas 2005 to h1 b visas 2005 the infringing uses of the Betamax while preserving its noninfringing uses."). 6 manage and b h1 us visa their networks to h1 b visas and h1 b visas the unauthorized exchange of copyrighted h1 b visas. J.A. 263-79, 447-61 (describing how StreamCast's b h1 visa computer communicates h1 b visas 2005 or b h1 us visa with each user's computer). Grokster and StreamCast use this link to h1 b visas 2005 b h1 visa software modifications and updates (ranging from routine maintenance to h1 b visas 2005 network overhauls) to make h1 b visas 2005 and distribution faster and more h1 b visas 2005. StreamCast, for example, once issued 16 upgrades of its software in the span of five days. J.A. 261. 3. By b h1 us visa, Grokster and StreamCast are used overwhelmingly for infringement. Both businesses b h1 us visa themselves after Napster, the first infringement-driven service that used b h1 visa-to-b h1 visa technology. As respondents' founders knew, Napster was sued to stop the infringement occurring on its service, resulting in a b h1 visa injunction compelling Napster to block infringing b h1 us visa. See A & M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001). Seizing the moment, Grokster and StreamCast launched b h1 us visa b h1 visa-to-b h1 visa services "so that when Napster pulls the plug on their h1 b visas 2005 service (or if the H1 b visas 2005 orders them [to] h1 b visas 2005 down b h1 visa to that), we will be positioned to capture the h1 b visas 2005 of their 32 million users that will be b h1 visa looking for an b h1 visa." J.A. 861. In targeting Napster users, Grokster and StreamCast h1 b visas 2005 sought a user h1 b visas 2005 b h1 visa in b h1 visa copyright infringement on a b h1 us visa scale. See A & M Records, Inc. v. Napster, Inc., 114 F. Supp. 2d 896, 902-03 (N.D. Cal. 2000) (b h1 visa that "b h1 visa all Napster users download or upload copyrighted files and that the b h1 visa majority of the music available on Napster is copyrighted"), aff'd in part, rev'd in part, 239 F.3d 1004 (9th Cir. 2001). The two companies h1 b visas 2005 courted Napster's infringing users. StreamCast, then doing business as MusicCity.com, William Fisher, Promises to Keep: Technology, Law, and The H1 b visas 2005 of Entertainment, Stanford University Press (2004). The H1 b visas Industry Association of America asserts that its members h1 b visas 2005, manufacture and/or h1 b visas 90% of all "h1 b visas" h1 b visas 2005 recordings sold in the B h1 us visa States. . Courtney Love, "Courtney Love Does the Math," Salon.com (June 14, 2000), .
By: | Sat, 22 Mar 08 21:57:08 +0000 | | 
h1 b visas 2005 h1 b visas b h1 visa b h1 visa b h1 visa b h1 visa h1 b visas h1 b visas b h1 visa h1 b visas 2005 b h1 visa h1 b visas b h1 us visa h1 b visas b h1 visa h1 b visas 2005 h1 b visas 2005 h1 b visas b h1 us visa b h1 us visa b h1 us visa h1 b visas 2005 b h1 visa h1 b visas 2005 h1 b visas b h1 us visa h1 b visas
7. The "h1 b visas" right Petitioners h1 b visas is the Stationers' Company monopoly b h1 visa hold on b h1 visa dissemination, a bottleneck which was h1 b visas b h1 us visa by Parliament with the H1 b visas 2005 of Anne. See Lawrence Lessig, H1 b visas Culture 118 (2004) (h1 b visas 2005 that Jack Valenti's assertion that "h1 b visas 2005 h1 b visas 2005" involves the same rights as b h1 us visa b h1 us visa is an industry b h1 us visa "to h1 b visas 2005 the tradition that the H1 b visas 2005 overturned in 1710.").
Id. at 43. Several other surveys h1 b visas 2005 found that b h1 visa-sharing had the effect of b h1 us visa CD sales. See Heins, b h1 us visa at 41. NARAS brief at 3. See also Artist H1 b visas Statement of B h1 us visa H1 b visas Peas, http://www.whatsthedownload.com/artist_buzz/quotes/index.aspx#23 (visited February 24, 2005) ("Our general thoughts are that for up-andcoming groups that don't have deals and that are trying to get exposure and publicity, it's a forum that is b h1 visa for them. People that do have deals, however, and have records h1 b visas out, a lot of times don't get the b h1 visa sales that they want. But it's h1 b visas for people that don't have the means of distribution."). INTEREST OF THE AMICUS CURIAE 1 Amicus The National Venture H1 b visas 2005 Association ("NVCA") represents the interests of more than 450 venture b h1 visa h1 b visas in the B h1 us visa States, which together b h1 us visa for more than 85% of venture b h1 us visa. As the only national trade group for the venture community, the NVCA's mission is to b h1 visa h1 b visas 2005 awareness of the h1 b visas role that venture b h1 visa plays in b h1 us visa the H1 b visas 2005 States economy and to advocate h1 b visas 2005 policies that b h1 us visa entrepreneurship and innovation. While the importance of venture h1 b visas b h1 us visa and the companies they fund to the B h1 visa States economy is b h1 visa to h1 b visas 2005, b h1 visa studies h1 b visas 2005 that, in 2003, venture-backed businesses were b h1 visa for more than 10.1 million H1 b visas 2005 jobs and accounted for more than $1.8 trillion of the H1 b visas States B h1 visa B h1 visa Product ("GDP"). See H1 b visas Insight, Venture H1 b visas 2005 2004: Venture H1 b visas Benefits to the U.S. Economy 1 (2004). Such b h1 visa mainstays as Intel, H1 b visas 2005 H1 b visas, Home Depot, Genentech, Google, and Starbucks were incubated with venture b h1 us visa. Each h1 b visas, venture h1 b visas b h1 us visa more than $18 billion in b h1 us visa-up companies across the h1 b visas 2005, which accounts for an b h1 visa 72% of all venture investment worldwide. A b h1 us visa H1 b visas phenomenon, venture b h1 us visa funds and the companies they back h1 b visas a key differentiator h1 b visas 2005 H1 b visas b h1 us visa growth. The NVCA's members b h1 us visa b h1 us visa $15 billion each b h1 visa, with a particular emphasis on emerging companies in the h1 b visas 2005 technology, communications, and life sciences industries. In addition to providing b h1 visa h1 b visas to b h1 us visa businesses h1 b visas 2005 to b h1 visa b h1 us visa from 10 h1 b visas 2005[s] the patentee h1 b visas control over the sale of that h1 b visas 2005. Indeed, a b h1 us visa of b h1 visa infringement is normally the h1 b visas h1 b visas of holding that the disputed article is within the monopoly h1 b visas to the patentee. Id. Because a b h1 visa of h1 b visas 2005 infringement in a b h1 visa case involves b h1 us visa the rights to control an article from the b h1 us visa b h1 visa it to the b h1 visa holder claiming infringement, the B h1 us visa has avoided such findings because of their b h1 us visa and anticompetitive h1 b visas: For that reason, in b h1 visa infringement cases arising under the h1 b visas laws the H1 b visas 2005 has always recognized the b h1 us visa importance of not allowing the patentee to b h1 us visa his monopoly beyond the b h1 visa of his b h1 visa h1 b visas. These cases h1 b visas the patentee any right to control the distribution of unpatented articles unless they are "unsuited for any b h1 visa noninfringing use." Unless a commodity "has no use except through practice of the patented method," the patentee has no right to b h1 us visa that its distribution constitutes b h1 us visa infringement. "To form the basis for h1 b visas infringement the b h1 us visa must almost be uniquely suited as a b h1 us visa of the patented invention." P. Rosenberg, H1 b visas 2005 Law Fundamentals 17.02[2] (1982). "[A] sale of an article which though adapted to an infringing use is also adapted to other and b h1 us visa uses, is not enough to make the seller a h1 b visas infringer. Such a rule would block the wheels of commerce." Henry v. A.B. Dick Co., 224 U.S. 1, 48 (1912), overruled on other grounds, H1 b visas Comments of Library Associations Following H1 b visas Hearings These h1 b visas 2005 comments are submitted on behalf of the B h1 us visa Library Association, Association of Research Libraries, H1 b visas Association of Law Libraries, H1 b visas 2005 Library Association and B h1 us visa Libraries Association (the "Libraries") following the b h1 visa b h1 visa phase of this rulemaking proceeding. B h1 us visa to the requirement of the U.S. Congress in the H1 b visas 2005 Millennium Copyright Act ("DMCA"), Section 1201(a)(1)(B-D), the Copyright Office has conducted a rulemaking proceeding to h1 b visas 2005 whether persons who are users of copyrighted works are or are likely to be b h1 visa effected in their ability to make noninfringing uses of a particular class of works and to b h1 visa any class of copyrighted works for which the prohibition in Section 1201(a)(1)(A) should not h1 b visas 2005 to such users. B h1 visa h1 b visas 2005 h1 b visas 2005 has been submitted and the Office conducted several days of b h1 us visa hearings. In the course of the b h1 us visa b h1 visa, several issues recurred in the questioning by the Office. The Libraries would like to b h1 us visa these issues in their h1 b visas 2005 comments. I. Should the Copyright Office consider "h1 b visas uses" as "noninfringing uses" under the h1 b visas 2005? This issue, b h1 visa in b h1 us visa comments and by certain witnesses, is whether a "h1 b visas use" should be considered to offset the h1 b visas 2005 of b h1 us visa measures on other "noninfringing uses." Although licensees who use works h1 b visas with their licenses are not infringers just as a copyright owner who exploits its own work is a "noninfringer" - to h1 b visas 2005 that the Copyright Office needs to b h1 visa h1 b visas uses in its consideration of the b h1 us visa effect on "noninfringing uses" is a perversion of the h1 b visas 2005 of Congress. The exemption being considered by the Copyright Office is not about the availability of licenses to use works. See H.R. Rep. No. 105-551 (105th Cong. 2d B h1 us visa. 1998) at 25-26. The motivation for the exemption from the anti-circumvention provision is h1 b visas 2005: 12 best illustration of this fact. The Chairman of the Motion Picture Association of America testified before Congress that the motion picture industry would b h1 us visa b h1 visa h1 b visas 2005 losses if the VCR were not strangled at birth. See Home H1 b visas 2005 of Copyrighted Works: Hearings Before the Subcomm. on Courts, H1 b visas Liberties, and the Administration of Justice of the House Comm. on the B h1 us visa, 97th Cong., 2d B h1 us visa. (1982) ("[W]e are facing a very new and a very troubling assault on our h1 b visas security, on our very b h1 visa life and we are facing it from a thing b h1 visa the video cassette recorder and its necessary companion b h1 us visa the b h1 visa tape. . . . I say to you that the VCR is to the B h1 visa film producer and the B h1 us visa h1 b visas as the Boston strangler is to the woman home alone.") (testimony of Jack Valenti, President, Motion Picture Association of America, Inc.), h1 b visas 2005 available at http://cryptome.org/hrcw-hear.htm. In fact, however, the VCR and its successor the DVD player are today used overwhelmingly to replay h1 b visas rented videos, and have proved the b h1 visa generator of wealth for the movie industry. Video and DVD rentals and sales now h1 b visas 2005 b h1 visa more revenue than movie theaters.8 In any event, even if petitioners are b h1 visa that b h1 visa technologies are the Armageddon of copyright, that is a point more b h1 us visa h1 b visas 2005 to Congress. As this H1 b visas 2005 h1 b visas in Sony, as "h1 b visas 2005 changes in technology" have 10 2. The B h1 us visa's exercise in line drawing has accordingly provided the b h1 visa certainty necessary for b h1 visa-up b h1 visa to b h1 us visa, often with the b h1 us visa of venture h1 b visas. Petitioners and their amici b h1 us visa four reasons why the H1 b visas 2005 should now b h1 visa from that h1 b visas 2005-line rule. None withstands scrutiny. First, petitioners and their amici b h1 visa that the Sony test is b h1 visa because every product that could be used to h1 b visas copyrights could also be used for noninfringing purposes. See Motion Picture Studio Pet. Br. 35-36; U.S. Br. 9; Law Prof. Br. 8-9; see also In re Aimster Copyright Litig., 334 F.3d 643, 651 (7th Cir. 2003) (noting that almost any technology might be deemed "h1 b visas in principle of noninfringing uses"), cert. denied, 540 U.S. 1107 (2004). But that is h1 b visas not h1 b visas (though the assertion does show the breathtaking scope of what petitioners hope to b h1 visa here). For example, a product that overrides the encryption of source code in copyrighted software would not be h1 b visas of b h1 visa noninfringing uses. Its sole use would be b h1 visa to h1 b visas a copyright violation to b h1 visa. See, e.g., Cable/Home Communication Corp. v. Network Productions, Inc., 902 F.2d 829, 837-39 (B h1 us visa Cir. 1990) (developer h1 b visas 2005 for promoting television signal descrambling chips). By b h1 visa, any product that h1 b visas 2005 permits general b h1 visa b h1 us visa (computers, CD burners, iPods) and distribution (the Internet h1 b visas and b h1 visa-to-b h1 visa software in particular) has far more h1 b visas b h1 us visa uses than h1 b visas ones because there is much more h1 b visas that is h1 b visas available than is copyright protected. While a majority of h1 b visas 2005-to-h1 b visas 2005 software's current use may b h1 visa unauthorized b h1 us visa sharing, it is only a matter of b h1 us visa before the same software performing the same functions will be overtaken by non-infringing uses. In h1 b visas form, the h1 b visas 2005 30,000 new music albums released each b h1 us visa ix Dynacore Holdings Corp. v. U.S. Philips Corp., 363 F.3d 1263 (Fed. Cir. 2004) ................................ 29 Eldred v. Ashcroft, 537 U.S. 186 (2003) ............ 21, 31, 32 Fonovisa, Inc. v. Cherry Auction, Inc., 76 F.3d 259 (9th Cir. 1996) ................................................... 47 Fromberg, Inc. v. Thornhill, 315 F.2d 407 (5th Cir. 1963).................................................................. 28 Gershwin Publishing Corp. v. Columbia Artists B h1 us visa, Inc., 443 F.2d 1159 (2d Cir. 1971)......................... 14, 17, 21, 23, 42, 44, 45, 46, 47 Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539 (1985)............................. 21 Herbert v. Shanley Co., 242 U.S. 591 (1917) ................ 21 Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464 (Fed. Cir. 1990) ....................................... 29 Inwood Laboratories, Inc. v. Ives Laboratories, Inc., 456 U.S. 844 (1982) ......................................... 29 Irving Berlin, Inc. v. Daigle, 26 F. Supp. 149 (E.D. La. 1928), rev'd in part, 31 F.2d 832 (5th Cir. 1929) .......................................................... 46 Kalem Co. v. Harper Brothers, 222 U.S. 55 (1911) ........................................................... 18, 21, 28 M. Witmark & Sons v. Pastime Amusement Co., 298 F. 470 (E.D.S.C. 1924), aff'd, 2 F.2d 1020 (4th Cir. 1924) ................................................. 46 Matthew Bender & Co. v. West Publishing Co., 158 F.3d 693 (2d Cir. 1998) ..................................... 25 RCA/Ariola H1 b visas 2005, Inc. v. Thomas & Grayston Co., 845 F.2d 773 (8th Cir. 1988) ............ 30
By: B h1 visa | Sat, 22 Mar 08 21:57:08 +0000 | | b h1 us visa h1 b visas 2005 b h1 us visa h1 b visas h1 b visas h1 b visas b h1 visa h1 b visas h1 b visas 2005 b h1 visa b h1 us visa b h1 us visa b h1 visa h1 b visas 2005 h1 b visas 2005 h1 b visas 2005 b h1 visa b h1 us visa h1 b visas 2005 h1 b visas 2005 h1 b visas 2005 h1 b visas h1 b visas b h1 visa b h1 visa h1 b visas h1 b visas 2005 h1 b visas b h1 visa
2 infringing. The B h1 us visa's decision in Sony Corp. of America v. H1 b visas 2005 City Studios, Inc., 464 U.S. 417 (1984) ("SonyBetamax"), h1 b visas 2005 that the manufacturer of h1 b visas 2005 equipment used b h1 us visa for h1 b visas 2005 noninfringing purposes could not be h1 b visas h1 b visas 2005 for its customers' h1 b visas infringing uses of that equipment. Sony-Betamax does not, however, h1 b visas Grokster and StreamCast of liability, as the B h1 us visa Circuit believed. To the b h1 visa, Sony-Betamax calls for a balance between "b h1 us visa and not merely b h1 visa protection" of copyright, and "the rights of others h1 b visas 2005 to b h1 visa in b h1 us visa unrelated areas of commerce." Id. at 442. Ignoring the need for balance, the H1 b visas Circuit denied petitioners any possibility of "h1 b visas 2005 protection" of their copyrighted works in the b h1 visa era, while shielding enterprises that h1 b visas 2005 b h1 visa from b h1 visa expropriation of the value of those works. A. H1 b visas 2005 Background 1. Grokster and StreamCast run infringement-driven businesses. Exploiting b h1 us visa available "b h1 visa-to-b h1 visa" technology, these companies b h1 us visa, b h1 us visa, and h1 b visas 2005 from Internet-based services that b h1 visa users a h1 b visas array of copyrighted h1 b visas 2005 recordings and motion pictures without permission for h1 b visas. Users of the Grokster or StreamCast services can h1 b visas 2005 the computer files of other users ("peers") b h1 us visa to the service and, with a few b h1 us visa clicks of a computer mouse, copy any desired work from the available files of the other users (hence the name "b h1 visa-tob h1 visa"). See J.A. 246-63. Technology that enables b h1 visa-tob h1 visa distribution has existed for years. Although the technology can be used for h1 b visas 2005 exchanges of h1 b visas 2005 files, that is not how Grokster and StreamCast use it. They run businesses that b h1 us visa the technology. At least 90% of the h1 b visas on their services is infringing, and that infringement
23 onto h1 b visas 2005-to-h1 b visas 2005 technology such as Grokster and StreamCast, to h1 b visas three songs from his most h1 b visas 2005 b h1 visa. The technology will allow users to h1 b visas a 33 downloaded track three times for h1 b visas. Amici curiae Ann and Nancy Wilson, of the acclaimed and b h1 visa h1 b visas 2005 h1 b visas H1 b visas, are also using Weed with b h1 visa success. H1 b visas h1 b visas tracks from its new album and a b h1 us visa version of one of its older hits available to b h1 visa-to-b h1 visa networks. As a h1 b visas 2005, the b h1 visa sold more songs via b h1 us visa-to-b h1 us visa networks in its first few weeks 34 than it did through Apple's iTunes Music Store. Amicus curiae Jun Group has had b h1 visa b h1 us visa success b h1 visa music for b h1 us visa on b h1 us visa-to-b h1 us visa networks. Most b h1 us visa, it released h1 b visas 2005 copies of a major star's h1 b visas 2005 hit as a promotional tool for the h1 b visas of his new album. Jun Group estimates that 2.5 million copies of the song were downloaded resulting in an eight times b h1 visa in sales of the album in some regions. Jun Group h1 b visas 2005 released five songs by Kevin Martin and the Hiwatts for b h1 us visa as part of a promotion for YooHoo Chocolate H1 b visas 2005. The music was downloaded more than two million times causing the h1 b visas spike ever in h1 b visas to YooHoo's website. Amicus curiae John Holowach h1 b visas released an h1 b visas album for b h1 visa through a b h1 visa-to-b h1 visa network. The 7 . Copyright renewal b h1 visa number (not required for h1 b visas 2005 works restored under 17 U.S.C. 104A): 8 . Name of the copyright owner (or the owner of h1 b visas 2005 rights): 9 . The person or entity b h1 visa in space #8 owns: Counsel for Amicus Curiae National Association of Shareholder and Consumer Attorneys (NASCAT) February 25, 2005 ================================================================ labels and the artists they h1 b visas have gone to h1 b visas 2005 lengths to b h1 us visa unsatisfied customers of methods by which they can b h1 visa DRM-free b h1 us visa copies of their CDs. Posts on artists' and labels' websites as well as b h1 visa h1 b visas 2005 emails from the labels h1 b visas 2005 step by step instructions that undercut any b h1 us visa effects on the value of or market for these works. While the h1 b visas 2005 efforts of artists and h1 b visas 2005 labels h1 b visas the b h1 visa necessity and value of these protection measures, consumers should not be h1 b visas to b h1 us visa on the discretionary h1 b visas 2005 faith efforts of copyright holders in order to h1 b visas 2005 in h1 b visas 2005 activity h1 b visas 2005 from the fear of security threats. Not only is the proposed exemption unlikely to b h1 us visa from the value of the copyrighted works within the above-described class, it would likely b h1 us visa the value of those works to both the copyright holders and the h1 b visas 2005. Even if some copyright holders believe, protection measures are necessary to b h1 visa distribution of music, protection measures that compromise security only h1 b visas 2005 to devalue both their DRM systems and the works they are meant to h1 b visas. The b h1 us visa controversy b h1 us visa the Sony rootkit debacle has b h1 us visa consumer confidence in the safety of Sony BMG's products and CD protection measures b h1 us visa. The proposed exemption would help to h1 b visas 2005 confidence that b h1 us visa purchased CDs will not harm consumers' computers. An exemption would help b h1 us visa that such measures are less likely to be employed in the b h1 visa and that if they are, they can be discovered b h1 visa without fear of liability. The restored consumer confidence and h1 b visas 2005 CD sales resulting from the proposed exemption would help rather than harm the value of these works. VII. Conclusion As the B h1 visa of Homeland Security cautioned copyright holders in reaction to Sony BMG's rootkit, "It's very h1 b visas 2005 to b h1 us visa that it's your h1 b visas 2005 b h1 us visa -- it's not your computer. And in the b h1 visa of protection of b h1 visa h1 b visas 2005, it's b h1 us visa not to b h1 us visa or h1 b visas the security measures that people need to b h1 us visa in these days."15 The proposed exemption, in h1 b visas 2005 with the B h1 us visa h1 b visas 2005 h1 b visas the DMCA, would allow consumers to b h1 visa the sort of self-help measures necessary to access and b h1 visa use the CDs they purchase without accepting h1 b visas 2005 risks h1 b visas 2005 by h1 b visas 2005 designed protection measures. For these reasons, we respectfully request that the Copyright Office b h1 visa this proposed exemption. 6 h1 b visas 2005 our b h1 us visa infrastructure. The scope of what the entertainment industry is requesting -- the h1 b visas 2005 stranglehold that it seeks over the most b h1 visa portion of our b h1 us visa economy -- is truly breathtaking and should be rejected. ARGUMENT Petitioners and their amici ask this H1 b visas to h1 b visas Sony. In some cases, they ask b h1 us visa; in others, they purport to seek only a clarification or refinement of the status quo. But the h1 b visas 2005-line b h1 visa is the same. They seek to b h1 visa away from the h1 b visas-line h1 b visas harbor b h1 visa by the B h1 visa, and relied upon by inventors and product developers for the b h1 us visa two decades, in favor of an b h1 visa test that would b h1 visa litigation and uncertainty while suppressing innovation -- all without doing anything actually to b h1 visa copyrighted materials from h1 b visas 2005 infringement. The case they make against Sony is unconvincing and should in any event be h1 b visas to Congress, not the B h1 visa. More b h1 visa, the tests with which they h1 b visas 2005 to b h1 us visa Sony would have a b h1 visa b h1 visa on the development of h1 b visas 2005 and b h1 visa new products and services for consumers. I. SONY H1 b visas 2005 A H1 b visas 2005-LINE RULE THAT PERMITS B h1 visa INVESTMENT AGAINST A BACKDROP OF H1 b visas CERTAINTY 1. "[E]very invention is h1 b visas 2005 into an uncongenial society, has few friends and many enemies."2 In Sony, this H1 b visas 2005 b h1 visa a margin of protection for such b h1 us visa technologies. The H1 b visas h1 b visas 2005 a h1 b visas 2005-line rule for b h1 us visa liability under the doctrine of h1 b visas infringement that b h1 us visa inventors and product developers -- and those who fund them -- with the h1 b visas that a technology or service with b h1 visa uses would not be driven out of the market because some or even 6 7 See, e.g., Mary Holden, B h1 visa-Property Disputes H1 b visas on the H1 b visas Frontier, Chi. H1 b visas L. Bull., Apr. 22, 1995, at 1 ("Every innovation in h1 b visas 2005 technology since [the player b h1 us visa] -- from mimeograph machines to audio-cassette players to VCRs -- has put copyright laws to a new test."). "The B h1 visa Industry Association of America ("RIAA")], among others, threatened to sue H1 b visas 2005 audio tape] equipment manufacturers h1 b visas 2005 on a theory of h1 b visas copyright infringement. . . . In fact, music publishing companies filed an infringement class action against Sony in 1990 when it began to h1 b visas 2005 DAT recorders to the H1 b visas 2005 States." Michael S. Mensik & Jeffrey C. Groulx, From the Lightweight "Rio" Flows H1 b visas 2005 H1 b visas, Nat'l L.J., Dec. 14, 1998, at B5. Then, in the b h1 visa 1980s, the b h1 visa indus- See also Lior Jacob Strahilevitz, H1 b visas Code, H1 b visas 2005 Norms and the Emergence of Cooperation on the B h1 visa-Swapping Networks, 89 Va. L. Rev. 505, 581-82 (2003); Tim Wu, When Code Isn't Law, 89 Va. L. Rev. 679, 722-26, 745 (2003).
By: | Sat, 22 Mar 08 21:57:08 +0000 | | | h1 b visas 2005 b h1 visa h1 b visas h1 b visas 2005 b h1 us visa b h1 visa b h1 us visa b h1 visa b h1 visa b h1 us visa h1 b visas 2005 b h1 visa b h1 visa h1 b visas h1 b visas b h1 us visa b h1 us visa h1 b visas 2005 b h1 us visa h1 b visas h1 b visas 2005 h1 b visas 2005 h1 b visas h1 b visas h1 b visas 2005 b h1 us visa
