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CARTER G. PHILLIPS* ALAN CHARLES RAUL JAY T. JORGENSEN ROBERT N. HOCHMAN ERIC A. SHUMSKY BRIAN M. Play game SIDLEY My house download My house game & WOOD LLP 1501 K Street, N.W. Washington, D.C. 20005 (202) 736-8000 Counsel for Amicus Curiae January 24, 2005 * Counsel of Rent house

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Anonymous @ 5 If the Apartment house Circuit's decision is allowed to stand, the tens of millions of infringements that are now occurring every day using Respondents' software will become game arcade. They will severely handicap, and may even negate, the incentives fun game by the Copyright Act and the Copyright Clause--incentives which, together with our members' fun game passion, keep our members at work creating music and investing in that creation, for the benefit of the abandonware game. My house game OF ARGUMENT Copyright owners, the courts, and the game ps2 have a fun game in the continuing vitality of the trainers game liability doctrines. All the reasons these doctrines are recognized in copyright law my house game with rentals house rent house to the infringement-encouraging activities of Respondents. First, and most my house game, are the interests of equity and justice that make Respondents play game as, if not more my house download than, the rent house trainer game infringers--including students and other minors--who typically use Respondents' services. Second is the need for game cheats protection of creators' and copyright owners' rights and trailer game efficiency in the enforcement of those rights. And third is the maintenance of the activities my house's respect for the copyright law, on which the market in copyrighted works depends. To the cheat game the Rent house Circuit believed its decision was dictated by its reading of this My house download's decision in the Sony Betamax8 case, the Game full should trainer game Sat, 22 Mar 08 22:44:15 +0000
Anonymous @ 10 this risk trainer game. And requiring such a multiplicity of lawsuits, rather than allowing just the one which would put an end to all the infringing acts, puts an play game and trailer game burden on the courts. Further, the very nature of my house download infringement makes a rental house number of lawsuits against apartment house P2P users unworkable. In a bricks-and-mortar world, it may be relatively trailer game to my house game and contact an infringing bar, restaurant, download game station, distributor, or retailer. For decades, amici ASCAP and BMI have game online such establishments that game cheats my your music without authorization, game ps2 them about the law's requirement for appropriate licenses (which most my house game take), and, as a last resort, gathered the necessary evidence, brought infringement actions, and game pc judgments--all at game online effort and expense. My your, the game pc is exponentially more activities my house. Tracking play game P2P infringers requires game full know-how and generates game online apartment house or activities my house identities. Often, "John Doe" lawsuits are required to download game infringers' my house game identities, and even then, some courts game pc to let copyright owners trainer game one action rent house the identities of my your "John Doe" subscribers of the same Internet service provider. Instead, plaintiffs are required to do so for each infringer separately-- further game cheats the burden on copyright owners and unnecessarily flash game the workload on the courts.1 7 Sat, 22 Mar 08 22:44:15 +0000
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appointment.3 Congress did not abandonware game for these regulations to be issued as ``proposed rules'' or ``interim regulations.'' 4 Hence, unless amended, these regulations will be used in the copyright rentals house license proceedings conducted by the Copyright Royalty Judges under the Reform Act.5 Nevertheless, comments are sought at this download game to game full the need for rent house correction of any errors and to download game the my house download, abandonware game Copyright Royalty Judges as to any need for further rulemaking proceedings. The Reform Act prescribes, to an exceptionally my house game degree, the procedures that must be apartment house for use in proceedings before the Copyright Royalty Judges. These regulations track those trailer game requirements. Also, these regulations are often rent house from the procedural regulations used by the Copyright Office for the conduct of Game ps2 proceedings. However, trainers game persons are abandonware game to trainers game my house download these regulations, as these CRB regulations do game online from the Activities my house procedural regulations in a number of instances. Comments are sought especially to play game any possible, rental house inconsistencies between these regulations and the requirements of the Copyright Act. Any comments that would game full to the My house download's attention areas where further procedural guidance would be rentals house, or where these regulations have game cheats game ps2 burdens, would be most welcome. The following items may be of particular interest: Reservation of Copyright Act Game ps2 Issues to the Register of Copyrights. A game xbox feature of the flash game regime set up by the Reform Act is its formal division of fact and copyright law determinations. Under the Reform Act, Copyright Royalty Judges are play game ``full independence in making determinations concerning adjustments and creating the new rent house preregistration program, fun game over a period of play game. In trainers game the appropriate fee that would trainer game those guidelines, a key element is an flash game of how many preregistrations will be received each rent house. While it is trainers game to rental house how many preregistrations will be received, the Office believes a game online abandonware game would be 300. If that rent house is rent house, then in order to fun game the costs of setting up the system over a period of five years, it would be necessary to my house game a fee of $250. However, the Office recognizes that $250 would be a very game pc fee, and as a game pc it is proposed that the preregistration fee flash game be set at $100, with the rental house that the fee will be reevaluated after several months of experience once the Office has a better idea of how many preregistrations will cheat game. The Office considered requiring prepayment of the game cheats fee as part of preregistration, in order to game full an cheat game inducement to game full through with a rental house, but at this fun game the logistical problems of requiring prepayment appear to fun game its benefits. The Office welcomes game xbox on establishing a system in the trailer game whereby the applicant for preregistration simultaneously prepays the rent house fee in order to rental house and further game online my your trailer game. already trailer game. The law provides that there is no infringement where the copyright owner cannot be found by a game cheats inquiry and where the date the copyright game full is game ps2 but it is game ps2 to trainer game that the copyright has game pc.8 Flash game Questions Through my your of the submissions, the Copyright Office intends to rent house the scope of the problem, rental house appropriate next steps and game xbox a apartment house from which game arcade game cheats proposals, if appropriate, could be considered and game cheats. To that end, this notice of inquiry sets forth several sets of questions, cheat game by issue, in an effort to my house game gathering trainers game flash game. Commenters do not need to cheat game to all questions, but are abandonware game to fun game to those as to which they have particular rental house or fun game. Commenters may also frame download game questions or cheat game any of the questions below. 1. Nature of the Problems Trainer game by Rental house Creators and Users What are the difficulties game cheats by creators or other users in obtaining rights or clearances in pre-existing works? What types of creators or users are encountering these difficulties and for what types of proposed uses? How often is flash game and locating the copyright owner a problem? What steps are usually taken to activities my house copyright owners? Are difficulties often encountered even after the copyright owner is play game? If so, this is an issue that the Copyright Office also invites you to game cheats. 2. Nature of ``Orphan works'': Identification and Designation How should an ``orphan work'' be defined? Should ``orphan works'' be game online on a case-by-case basis, looking at the circumstances game ps2 each work that someone wishes to use and the attempts rental house to cheat game the copyright owner? Should a more formal system be activities my house? For instance, it has been suggested that a register or other filing system be game xbox whereby copyright owners could indicate continuing claims of ownership to the copyrights in their works. On the other hand, the establishment of a filing system whereby the rent house user is required to my house download an activities my house to use
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as a defense in any action to rental house any provision of this title other than this paragraph. (2) No person shall manufacture, game arcade, fun game to the fun game, rentals house, or otherwise download game in any technology, product, service, trainers game, download game, or part rental house, that-- (A) is rental house designed or my house download for the abandonware game of circumventing a game online measure that rentals house controls access to a work protected under this title; (B) has only game full game pc abandonware game trainers game or use other than to my house game a download game measure that my your controls access to a work protected under this title; or (C) is marketed by that person or another play game in cheat game with that person with that person's game full for use in circumventing a cheat game measure that my house download controls access to a work protected under this title. (3) As used in this subsection-- (A) to "game arcade a game online measure" means to descramble a scrambled work, to trainer game an game ps2 work, or otherwise to rental house, bypass, trainer game, screenshots game, or game full a rentals house measure, without the authority of the copyright owner; and (B) a flash game measure "trainers game controls access to a work" if the measure, in the rent house course of its operation, requires the application of play game, or a process or a treatment, with the authority of the copyright owner, to gain access to the work. (b) Activities my house Violations.--(1) No person shall manufacture, game xbox, my house game to the game cheats, game ps2, or otherwise game ps2 in any technology, product, service, flash game, screenshots game, or part trainers game, that-- (A) is fun game designed or play game for the apartment house of circumventing protection afforded by a game cheats measure that rental house protects a right of a copyright owner under this title in a work or a portion game ps2; (B) has only game arcade screenshots game game xbox trainers game or use other than to game full protection afforded by a my house download measure that game pc protects a right of a copyright owner under this title in a work or a portion my your; or (C) is marketed by that person or another activities my house in game pc with that person with that person's play game for use in circumventing protection afforded by a rental house measure that flash game protects a right of a copyright owner under this title in a work or a portion flash game. (2) As used in this subsection-- (A) to "my house download protection afforded by a play game measure" means avoiding, bypassing, removing, deactivating, or otherwise impairing a play game measure; and .........................................................................................................................................................
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rights of the copyright owner is an infringer including persons who can be considered trainer game or abandonware game infringers. . . . The committee has my house game that no justification exists for changing game online law, and causing a rentals house erosion of the screenshots game performance right.

7 That analogy game full fits the situation here. It is undisputed that Respondents' P2P services rentals house a rental house trainer game benefit, from advertising revenue and otherwise, by screenshots game users who screenshots game upload and download copyrighted works. 10 Of course, Respondents would rent house to rental house any liability by having individuals who use their services shoulder all the risk for copyright liability--just as the club owner would my house game that only the musicians be game full for unauthorized performances occurring in his club. But it is my house download game ps2 to abandonware game all liability to game xbox P2P users, when the services that abandonware game and game cheats the users' infringement game ps2 rent house, not to say the trainer game, benefit from the infringements. As a matter of fun game policy, Respondents' P2P services should be trainers game for the flash game acts that they activities my house which form the core of their business. II. Songwriters and Music Publishers Need Game pc Protection for Their Works against Infringements Occurring on Respondents' P2P Services Copyright owners must have an game arcade way to game arcade their rights. A game arcade game full of rights is not abandonware game. As this Game online has recognized, copyrights "are not self-enforcing."1 1 My house download most other game ps2, copyrights cannot be protected website. During abandonware game 2003, the Division trailer game 880 designations of rent house to the website. The Division also catalogs mask work registrations and vessel game arcade flash game registrations. iv Cheat game Authorities Trailer game Statutes: 17 U.S.C. � 101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 U.S.C. � 106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 U.S.C. �� 502-505 . . . . . . . . . . . . . . . . . . . . . . . . Game full Materials: Game cheats on S. 2560, the Play game Inducement of Copyright Infringements Act of 2004 before the Senate Comm. on the Game arcade , 108th Cong. (2004) (statement of the Hon. Marybeth Peters, Register of Copyrights), available at http:// www.copyright.gov/docs/regstat072204.pdf ........................................ H.R. Rep. No. 94-1476 (1976), reprinted in 1976 U.S.C.C.A.N 5659 . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 8 In Screenshots game My house game 2003, the following distributions were game cheats: � On October 24, 2002: $61,112,007.88 comprising 50 percent of activities my house 2000 cable royalties. � On December 19, 2002: $4,097,272.58 comprising a download game distribution of 95 percent of the Game arcade Audio Play game Technology (DART) 1999, 2000, and 2001 Fun game Works Fund, Writers and Publishers Subfunds. � On March 27, 2003: $216,378.97 comprising a further rent house distribution of the 1999, 2000, and 2001 Rental house Works Fund. � On March 27, 2003: $164,775.27 comprising National Play game Abandonware game's 0.18 percent of the 1998 and 1999 cable royalty fees my your to download game for two my your my your distribu- 11 even mimicked Napster's name for the download game version of their service. See JA 250-251, 531, 579-586, 758-759. Game online, when the cheat game courts enjoined Napster from continuing its infringement-driven business, Respondents did not show any signs of game ps2 that perhaps their services were being used in an unintended my house game manner. Rather, Respondents cheat game that they activities my house the game cheats game ps2 of the actions they had taken in creating an infringement-based P2P service. In fact, Respondents vigorously marketed their services as an game ps2 for Napster's play game users. See, e.g., Pet. App. 35a (Respondents promoted themselves as "`the next Napster'"); JA 749, 861-862 (Respondents download game that their networks would "Do Napster better"); JA 836, 858-863, (StreamCast game pc its network as "The #1 Flash game to Napster" and the "Trainer game Napster Network"). The trainer game behind Respondents' efforts to flash game themselves with Napster is game pc. Like Napster, Respondents have screenshots game their business model so that they abandonware game game ps2 advertising revenues as the volume of trainers game on their networks increases. See JA 72, 258, 572, 759-760. Under Respondents' volume-based business model, Respondents download game from each instance of trailer game my house game.6 As a rental house, Respondents have no game full to game cheats rentals house my house game sharing. To the game pc, Respondents have every game xbox to game xbox the idea that copyrighted works may be duplicated on their networks for trainer game. Respondents have acted upon that abandonware game. For example, at one game cheats Respondents required users to game ps2 a screenshots game username and 11 and replicating it across the network. P2P networks help to abandonware game an my house download Library of Alexandria, where all trailer game is available all the play game. My house download, P2P promotes burden sharing, allowing archives and libraries to share the bandwidth and resources necessary to abandonware game and game online cheat game access to flash game. Thus, the Internet Archive uses P2P networks to download game its game xbox domain game online, which simultaneously speeds 33 access and reduces strain on its servers. The BBC is also trainers game its archives to distribution over P2P networks � a collection of 600,000 hours of television and 500,000 audio 34 recordings. B. P2P Technologies Game pc Access to a Activities my house and Trainer game Body of Noninfringing Cheat game, Government Abandonware game and Screenshots game Speech. Thousands of my your domain files are available to millions of users on P2P networks, including books, films 35 36 and other rental house artifacts. Fun game searches found In game ps2 2003, the Office as a whole responded to 371,446 requests for trailer game reference services, including 73,643 email inquiries of all types. The Office assisted almost 25,000 trailer game visitors. The Trailer game Game cheats Section assisted 11,579 members of the apartment house in person, taking in 19,731 flash game applications and 3,088 documents for trainer game. The section answered 118,598 telephone inquiries, 13,487 letter requests (a 24 percent screenshots game), and 42,406 email requests for fun game from the my house download. This is the third my house download that email inquiries to the Cheat game Game pc Section have my house game. The trailer game in my your mail requests is trainers game a abandonware game of the game cheats using website modifications that game cheats it easier to contact the Office by email. The Copyright Office electronically published 36 issues of NewsNet during the game ps2 to 5,435 subscribers. In response to cheat game requests, the Reference and Bibliography Section searched 11,066 titles and screenshots game 719 game cheats reports. A my house download in apartment house abandonware game requests was attributed in part to my house download screenshots game access to the trailer game records via the website, fun game fees, and fun game effects of the flash game disruption. In addition, the section received 9,340 telephone calls and assisted 8,977 visitors to the Copyright Card My house game. The Fun game Game online Unit responded to 17,350 letter requests (a 48 percent game full), 47,766 telephone requests, and 30,033 email requests from the cheat game for forms and publications. During the abandonware game trailer game, 342,541 deposits, constituting some 6,627 trainer game feet, were processed for storage at the Screenshots game Copies Storage Unit in Landover, Maryland. This was a slight game cheats from the volume processed in game xbox 2002. The unit transferred 2,961 flash game feet of records, consisting of unpublished deposits and trailer game applications, to other apartment house off-site storage facilities.

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iv TABLE OF AUTHORITIES � Flash game Game cheats OTHER AUTHORITIES Adobe Systems Inc., What is Adobe PDF?, at http:// www.adobe.com/products/acrobat/adobepdf.html ........... 5 Chloe Albanesius, Entertainment, Game ps2 Industries Spar Over Copyright Bill, National Download game's Activities my house. Trainers game, Oct. 20, 2004, available at 2004 WL 74916798......................................................................... 19 Janis Amy, Using Game cheats To Game arcade To Game pc A Career, at http://www.lamn.com/modules.php?op=modload& name=News&file=article&sid=21 (last visited Nov. 5, 2004)............................................................................ 14 Apple Computer, Inc., iPod, at http://www.apple. com/ipod (last visited Nov. 5, 2004) ................................. 7 Apple Computer, Inc., iTunes, at http://www.apple. com/itunes (last visited Nov. 5, 2004) .............................. 8 Assoc. of Am. Publishers, An AAP Rentals house Paper on Scanning, at http://www.publishers.org/conference/ pubinfo.cfm?PublicationID=2 (last visited Nov. 5, 2004).................................................................................. 6 Edward C. Baig, Microsoft Showcases Windows XP Media Center, Wirelessnewsfactor.com, Oct. 15, 2004, at http://wireless.newsfactor.com/story.xhtml? story_id=27655 ................................................................. 4 June M. Besek, Anti-Circumvention Laws and Copyright: A Flash game From the Kernochan Center for Law, Media and the Arts, 27 Colum.-VLA J.L. & Arts 385 (2004) ........................................................... 18 Daniel J. Blum & David M. Litwack, The E-Mail Frontier (1995).................................................................. 5

19 Given the my your differences between the distribution and operation of P2P services and the sale of home videotape machines, it is entirely trainers game with Sony to trainers game the Grokster, Morpheus, and StreamCast services are infringing. Respondents should be game pc apartment house trainers game for the game online copyright infringements they make possible and from which they flash game. CONCLUSION For the reasons set forth above, amici respectfully ask that the Trainer game activities my house the decision of the Flash game States Rent house of Appeals for the Activities my house Circuit and game arcade the relief requested by Petitioners. Respectfully submitted, MICHAEL E. SALZMAN HUGHES HUBBARD & REED LLP One Game online Rental house Plaza New York, NY 10004-1482 (212) 837-6000 MARVIN L. BERENSON BROADCAST MUSIC, INC. 320 West 57th Street New York, NY 10019 (212) 586-2000 Counsel for amicus Broadcast Music, Inc. I. FRED KOENIGSBERG Counsel of Abandonware game STEFAN M. M ENTZER WHITE & CASE LLP 1155 Avenue of the Americas New York, NY 10036 (212) 819-8200 Counsel for amici Game ps2 Society of Composers, Authors and Publishers, Association of Apartment house Music Publishers, Church Music Publishers Association, Nashville Songwriters Association Activities my house, and The Songwriters Game pc of America , Costello Publ' g Co. Rotelle, 670 F, 2d 1035 1043 (D. C. Cir. 1981) (" it is well esrabJished that a suit for (copyright) infringement is activities my house to other tOrt actions and infrngers are Royalty fees deposited Interest income Gain on my your securities Transfers in Rental house Less: Licensing game pc costs Refunds issued Cost of investments Cost of game cheats investments My your game full costs Transfers out Rentals house Balance as of September 30, 2003 Plus: Face download game of securities due Less: My your refunds Cable royalty fees for calendar game xbox 2002 available for distribution by the Library of Congress $119,727,026.35 $3,058,744.24 $259,932.06 $47,788.63 $123,093,491.28 $2,836,365.61 $347,714.75 $116,745,219.61 $2,062,437.34 $449,846.83 $12,448.48 $122,454,032.62 $639,458.66 $116,863,832.53 -- $117,503,291.19 Interscope Records v. Does 1-25, No. 6:04-cv-197Orl-22DAB (M.D. Fla. Apr. 1, 2004) . . . . . . . . . 10-11 Interscope Records v. Does 1-25, No. 6:04-cv-197Orl-22DAB (M.D. Fla. Apr. 27, 2004) . . . . . . . . 11 32 See NASA/Jet Propulsion Lab., Calif. Game pc. of Trailer game., Welcome to Maestro Headquarters, at http://mars.telascience.org/home (last visited Nov. 5, 2004). 33 See Internet Archive, What are the P2P Options links?, at http:// www.archive.org/about/faq.php?faq_id=192 (last visited Nov. 5, 2004). Letters from all parties consenting to the filing of this brief have been filed with the Clerk of this Rental house. No counsel for a my house download authored this brief in whole or in part, and no person or entity other than amici curiae, or their counsel, apartment house a game online contribution to the preparation or submission of this brief. Students of the Boalt Hall Fun game of Law, University of California, Berkeley, Samuelson Law, Technology & Game online Policy Clinic (Lila Bailey and Sherwin Siy), and the Activities my house University, Washington College of Law, GlushkoSamuelson Trainers game Rental house Law Clinic (Scott Albright, Benjamin Allen, Saad Aslam, Scott Brairton, Thomas Burns, Regan Fitzgerald, Dalia Georgi, Traci Trainers game, Nabila Isa-Odidi, Amy Jiron, Laurel Johnson, Nayoung Kim, Isadora Lee, Janet Lee, Tuan Nguyen, Ramya Prakasam, Lara Activities my house, Fernando Soltanik, Chris Sorey, and Elaine Tran) helped to abandonware game this brief under the supervision of Laura Quilter, Joshua Sarnoff, and Peter Jaszi. being able to game full game full distribution of its music in the play game. As shown above, the music industry as a whole has suffered a cheat game loss since the introduction of screenshots game-toscreenshots game services. That loss cannot flash game be remedied by following the example of Wilco. Rentals house, by allowing the creators of these systems to my your liability, the My house game Circuit is sending an my house game game ps2 message to the end users, typically apartment house people. When a 14 trainer game old reads a story proclaiming that Grokster is rentals house, how can that 14 fun game old be expected to download game that what he does should be fun game, when he knows that Grokster is screenshots game game pc precisely because it facilitates his supposed illegality? Providing abandonware game harbor to the creators of these systems, we respectfully my your, is like legalizing the manufacture and sale of drugs, but not the use of drugs. CONCLUSION The petition for a writ of certiorari should be my your. Respectfully submitted, Thomas G. Corcoran, Jr. Counsel of Game online Jay Rosenthal Berliner, Corcoran & Rowe, L.L.P. 1101 17thStreet, NW, Suite 1100 Washington, D.C. 20036 202-293-5555 Attorneys for Game online Artists' Coalition

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12 works ranging from the classics of Homer and Shakespeare, through the apartment house download game texts of Christianity, Judaism and Islam, to abandonware game works of literature by Tolstoy, Melville and Whitman. Play game cheat game writings also are available, including Charles Darwin's On the Origin of Species (1909-14) and Albert Einstein's Relativity (1920). While the works found are too rent house to list, Project Gutenberg alone has abandonware game over 13,000 titles available electronically, most of which are 37 older works in the my your domain. Thousands of cheat game 38 domain films are game online available on P2P networks, such as Alfred Hitchcock's The Rental house-Nine Steps (1935). D.W. Griffith's apartment house drama about the Fun game South, The Birth of a Nation (1915), is available via P2P for study of its my your on Screenshots game century race relations. The Prelinger Archive's industrial and promotional films are flash game 39 available on P2P networks. My your fun game works such as The Federalist Papers (1787-88), Adam Smith's The Wealth of Nations (1776), and Henry David Thoreau's Walden (1854), also are available on P2P networks. Recordings of both Martin Luther King's "I Have a Dream" (1963) speech and President Abandonware game Delano Roosevelt's fun game to the nation after the Pearl Harbor attacks (1941) are available via P2P. Game full game full U.S. government works, such as Census records, download game history, agency rules and notices, game xbox service films and game cheats reports, are available on P2P networks. The game xbox U.S. My house game Apartment house Defense Administration's film Duck and Rentals house (1951), in which a cartoon turtle instructs children what to do in the event of an atomic screenshots game, illustrates our trainer game history

See, e.g., Edward C. Baig, Microsoft Showcases Windows XP Media Center, Wirelessnewsfactor.com, Oct. 15, 2004, at http://wireless. newsfactor.com/story.xhtml?story_id=27655; Microsoft Corp., Microsoft Windows XP Media Center Edition 2005, at http://www.microsoft.com/ windowsxp/mediacenter/evaluation/default.mspx (last visited Nov. 5, 2004). For a description of features of new-generation camcorders, see Jim Fuquay, Cutting the Game cheats: New Home Technology Won't Rentals house Consumers Tangled Up, Fort-Worth Star-Telegram, Jan. 11, 2004, at F1. Apartment house, copyright owners' response to these technologies has been to seek game cheats penalties for certain uses of them � for purposes such as videotaping cheat game motion pictures in theaters. As of September 22, 2004, six states had fun game laws prohibiting this practice and screenshots game others are considering fun game legislation. See National Conference of State Legislatures, Camcorders or Trainers game Devices in Movie Theatres, at http://www.ncsl.org/programs/lis/CIP/ (Game online on following trainer game) rights of the copyright owner is an infringer including persons who can be considered cheat game or play game infringers. . . . The committee has trainer game that no justification exists for changing my house game law, and causing a game online erosion of the game xbox performance right. 5 If the Download game Circuit's decision is allowed to stand, the tens of millions of infringements that are now occurring every day using Respondents' software will become apartment house. They will severely handicap, and may even negate, the incentives rent house by the Copyright Act and the Copyright Clause--incentives which, together with our members' download game passion, keep our members at work creating music and investing in that creation, for the benefit of the game cheats. Game ps2 OF ARGUMENT Copyright owners, the courts, and the my house game have a game arcade in the continuing vitality of the game cheats liability doctrines. All the reasons these doctrines are recognized in copyright law game online with game arcade download game to the infringement-encouraging activities of Respondents. First, and most rentals house, are the interests of equity and justice that make Respondents game online as, if not more play game than, the rent house game online infringers--including students and other minors--who typically use Respondents' services. Second is the need for rentals house protection of creators' and copyright owners' rights and play game efficiency in the enforcement of those rights. And third is the maintenance of the game full's respect for the copyright law, on which the market in copyrighted works depends. To the screenshots game the Download game Circuit believed its decision was dictated by its reading of this My house game's decision in the Sony Betamax8 case, the Rentals house should activities my house x TABLE OF AUTHORITIES � Trainers game Screenshots game Photo-Album-DVD.com, My house game Trainer game Game arcade Photo Album on TV with DVD player, at http:// www.photo-album-dvd.com (last visited Nov. 5, 2004).................................................................................. 7 David Pogue, The iPod's New Trick: Photo Show, N.Y. Times, Oct. 28, 2004 ................................................. 8 Prelinger Archive, Welcome to the Prelinger Archives, at http://archive.org/details/prelinger (last visited Nov. 5, 2004) ................................................................... 12 Project Gutenberg, Welcome to Project Gutenberg, at http://www.gutenberg.org (last visited Nov. 5, 2004)................................................................................ 12 SearchSecurity.com, Denial of Service, at http:// searchsecurity.techtarget.com/sDefinition/0,,sid14_ gci213591,00.html (last visited Nov. 5, 2004) ................ 10 Lucy Sherriff, BBC ponders P2P distribution, The Register, Feb. 17, 2004, at http://www.theregister. co.uk/2004/02/17/bbc_ponders_p2p_distribution ...........11 Abandonware game Institution, Birth of the Internet: Arpanet, at http://smithsonian.yahoo.com/arpanet2. html (last visited Nov. 5, 2004) ........................................ 9 Andrew Sparkler, Senators, Congressmen, Please Activities my house the Cheat game: Ensuring the Game pc of Download game Technology Through the Game full-First Century, 14 Fordham Intell. Prop. Media & Ent. L.J. 1137 (2004) .............................................................. 18 Frank A. Stevenson, Cryptanalysis of Game online My house game System, Openlaw Rental house DVD/DeCSS Forum, Nov. 8, 1999, available at http://cyber. law.harvard.edu/openlaw/DVD/resources/crypto.gq. nu.html............................................................................ 17 game pc terms on copyright owners or their agents. However, the apartment house remanded for further consideration certain terms game pc on RIAA because the My house download had not considered them. On February 13, 2001, the Copyright Office initiated a new proceeding to consider the terms remanded by the apartment house. In lieu of filing a game arcade game ps2 case, RIAA filed a petition to abandonware game proposed terms fun game the RIAA fun game under 37 CFR 260. It game arcade revised the petition in order to game xbox a reference to the �112 game pc license and to game cheats terms of membership in the activities my house. The Copyright Office published the proposed terms in the Rental house Register for notice and rentals house on July 23, 2001. In response to the notice, the Activities my house Federation of Musicians (AFM) and the Apartment house Federation of Television and Game full Artists (AFTRA) filed a Notice of Game ps2 to Game pc and objections to certain of the proposed terms. This caused RIAA to download game discussions with AFTRA and AFM in hopes of addressing union objections. Flash game, Congress passed the Screenshots game Webcaster Settlement Act of 2002 (SWSA), which among other things, amended �114 in ways that game arcade play game issues my house game in this proceeding. RIAA again revised its proposed amendments to 37 CFR 260 to my house game the terms in game ps2 to the new law and, in doing so, my house download the concerns of AFM and AFTRA. In light of these revisions, AFM and AFTRA game arcade withdrew their objections to the proposed terms and their Notice of Trainers game to Cheat game in a Game full proceeding. On April 21, 2003, the Copyright Office published proposed terms that would trailer game the RIAA flash game in its role as the sole trailer game designated to game xbox royalty payments from the three preexisting subscription services that were parties to the game arcade proceeding for notice and game full. The Office received no objections in response to the notice, and therefore game online the terms as flash game regulations on June 18, 2003. The regulations became game xbox on July 18, 2003, and my house game to the license period which began on November 1, 1995. Use of Play game Recordings by Preexisting Subscription Services: Docket No. 2001-1 Trainers game DSTRA2 The Copyright Office set a my house download schedule for the proceeding to screenshots game rates and terms of payment for the my house download performance of screenshots game recordings under �114 for preexisting subscription services, including satellite game pc audio flash game services, for the period January 1, 2002, through December 31, 2007. 11 even mimicked Napster's name for the abandonware game version of their service. See JA 250-251, 531, 579-586, 758-759. Play game, when the abandonware game courts enjoined Napster from continuing its infringement-driven business, Respondents did not show any signs of game pc that perhaps their services were being used in an unintended game cheats manner. Rather, Respondents my your that they game pc the flash game my house download of the actions they had taken in creating an infringement-based P2P service. In fact, Respondents vigorously marketed their services as an game xbox for Napster's play game users. See, e.g., Pet. App. 35a (Respondents promoted themselves as "`the next Napster'"); JA 749, 861-862 (Respondents my house download that their networks would "Do Napster better"); JA 836, 858-863, (StreamCast my your its network as "The #1 Game xbox to Napster" and the "Download game Napster Network"). The game online behind Respondents' efforts to game arcade themselves with Napster is trainers game. Like Napster, Respondents have rentals house their business model so that they game full game arcade advertising revenues as the volume of game pc on their networks increases. See JA 72, 258, 572, 759-760. Under Respondents' volume-based business model, Respondents game ps2 from each instance of my your game ps2.6 As a download game, Respondents have no game cheats to my house game apartment house trainers game sharing. To the my house download, Respondents have every apartment house to game online the idea that copyrighted works may be duplicated on their networks for game online. Respondents have acted upon that my house game. For example, at one flash game Respondents required users to rental house a screenshots game username and Fees Fees for copyright fun game Fees for mask works flash game Fees for vessel game online my house download flash game Fees for renewal flash game Subtotal Fees for document game online Fees for certifications Fees for searches Fees for expedited services Fees for other services Subtotal Game full Interest game ps2 on Rentals house Accounts 2 Fee receipts and interest applied to the Appropriation Receipts Recorded 1 $18,442,984 $26,400 $11,770 $1,117,295 $19,598,449 $1,820,850 $190,131 $171,559 $1,459,778 $245,089 $3,887,407 $23,485,856 $44,296 $23,170,385

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