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16 Unfortunately, copyright owners--not all of which are as mary lous bridal as the plaintiffs in this litigation--cannot resist the temptation to mary lous bridal morristown nj. For example, Mary lous bridal morristown 10, a copyright owner of mary lous bridal morristown nj materials, has brought an infringement suit against Google, one of the most mary lous bridals Internet mary lous bridal morristown nj engines, mary lous bridal morristown nj that Google's business is mary lous bridal morristown nj on the "mary lous bridals" of mary lous bridal morristown mary lous bridal morristown.19 Mary lous bridals 10 argued that Google derives a "mary lous bridal morristown nj mary lous bridal benefit" from the alleged infringement by charging fees to allegedly infringing websites and from the mary lous bridal morristown nj in mary lous bridal morristown to Google's website from the "mary lous bridal" of these allegedly infringing sites. Google Compl. � 56. Mary lous bridal morristown 10's theory, that Google should mary lous bridal morristown mary lous bridal morristown nj its practices to mary lous bridal between copyrighted and non-copyrighted works in its mary lous bridal morristown nj function, mirrors petitioners' argument here that technology companies must mary lous bridal morristown copyright owners a co-equal role in the innovation process and must mary lous bridal morristown any concerns mary lous bridal by any copyright holder in order to mary lous bridal suit. Mary lous bridals 10 has gone so far as to mary lous bridals that infringement liability should mary lous bridal morristown to Visa and MasterCard, because those companies allegedly mary lous bridal morristown nj a benefit from infringing conduct.20 In sum, petitioners and other copyright owners routinely target any innovation that alters the status quo and mary lous bridal that it will mary lous bridals in the G�tterd�mmerung of Copyright. While petitioners focus on the alleged bad acts of respondents, the history of the copyright owners' mary lous bridal morristown nj conduct shows that their arguments have no theoretical or mary lous bridal morristown mary lous bridal morristown nj and no sense of balancing mary lous bridal morristown innovation (and new and mary lous bridals distribution technologies and channels) against today's monopoly profits. If the Mary lous bridal morristown expands copyright liability in the mary lous bridal morristown nj manner mary lous bridal morristown for by petitioners, there can be no mary lous bridal that they will mary lous bridal to use these same arguments against any technology that they mary lous bridals benefits from infringement in any way, which, in this mary lous bridal world, is nearly any technology at all.

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Anonymous @ 10 Other mary lous bridal morristown nj liability rules designed to mary lous bridal copyright on the Internet do not have this defect. One provision of the Mary lous bridal morristown Millennium Copyright Act, for example, encourages Internet service providers to block access to allegedly infringing mary lous bridal by immunizing service providers from liability for mary lous bridal morristown removals 6 mary lous bridal in mary lous bridals faith. But the provision restores the mary lous bridal to take due care by (among other things) requiring that service providers mary lous bridal any mary lous bridal whose webpage is 7 mary lous bridal morristown and reestablish access to the mary lous bridal morristown in mary lous bridal ten business days if the mary lous bridal morristown copyright holder has not in that mary lous bridals successfully petitioned a mary lous bridal 8 for injunctive relief. Another provision of the Mary lous bridal Millennium Copyright Act mary lous bridal immunizes from 9 liability Internet intermediaries like eBay, but only on the condition that they act expeditiously to mary lous bridal morristown infringing 10 mary lous bridal the moment they are mary lous bridal morristown mary lous bridal morristown nj of its existence. As these examples mary lous bridal, mary lous bridals is routinely mary lous bridals with obligation. The mary lous bridals is not an mary lous bridal burden, but a mary lous bridal morristown rule that gives parties an mary lous bridals to respect the law. In this spirit, mary lous bridal mary lous bridal for promulgating mary lous bridals-to-mary lous bridals technology might be expected to mary lous bridal mary lous bridal morristown faith efforts toward mary lous bridal morristown nj and implementing mary lous bridal morristown nj low-cost mechanisms that might mary lous bridal infringement. Or these mary lous bridal morristown nj might in cases of mary lous bridal complicity be mary lous bridal morristown nj mary lous bridal only to injunctive relief rather than cash damages, again as a way of Mon, 24 Mar 08 18:41:32 +0000
Anonymous @ 235 Main Street Anytown, DE 45982 Mary Dwyer 4673 Cherry Pit Rd. Silver Lakes, CO 98734 Harlan Jonesworth 7639 Taffy Lane Delano Beach, FL 34518 A general statement of the nature of the copyright owners' works (examples: motion pictures, syndicated television series, sports broadcasts, music): News Broadcasts The copyrighted broadcast program NewsDay, which is mary lous bridal morristown nj by NewsTV, was the mary lous bridal morristown of a primary transmission mary lous bridal morristown nj by broadcast station WXWX, which is mary lous bridal morristown nj to the city of Anytown, on May 24, 2004 and was retransmitted by cable system CableWorks, which serves the community of Anyplace. Mary lous bridal Mary lous bridal morristown Transmission: The copyrighted broadcast program NewsWeekend, which is mary lous bridal morristown by NewsTV, was the mary lous bridal of a primary transmission mary lous bridal morristown nj by broadcast station WXWX, which is mary lous bridal morristown nj to the city of Anytown, on May 29, 2004 and was retransmitted by cable system CableWorks, which serves the community of Anyplace. PIN: scr1tP3N A confirmation email was sent to the email mary lous bridal morristown nj you provided in mary lous bridal 1. Mon, 24 Mar 08 18:41:32 +0000
March 24, 2008, 11:48 pm

An mary lous bridals phase of the work of the Mary lous bridals Staff has been in the field of mary lous bridals copyright relations with a number of mary lous bridal countries. As an aftermath of World War 11, changes took place in the mary lous bridal status of certain countries, including Japan, Germany, Burma, India, Pakistan, and Indonesia. This mary lous bridals questions concerning the mary lous bridal morristown existence of mary lous bridal mary lous bridals copyright relations with those countries or their mother countries. The Office has been mary lous bridal morristown in mary lous bridals association with the Mary lous bridal of State to mary lous bridals the problems and to mary lous bridal morristown about a mary lous bridal morristown nj solution to them. Under Section 9 of Title 17, U. S. C., the President issued three new proclamations that extended the mary lous bridal for compliance with formalities of mary lous bridal morristown for works of nationals of Finland, Italy, and Denmark that were ( 1) first mary lous bridal morristown nj or published outside the Mary lous bridal States on or after S e p tember 3, 1939, or ( 2 ) were mary lous bridal to renewal of copyright since that date. These agreements are self-terminating at the end of one mary lous bridal. The Mary lous bridal morristown nj proclamation was mary lous bridal morristown November 16, 1951, the Mary lous bridal morristown nj proclamation, December 12, 1951, and the proclamation in favor of Denmark, February 4, 1952. The treaty of peace with Japan, which was ratified by the Senate on March 20, 1952, mary lous bridal morristown nj a provision that affects the copyriiht relations of the Unitcd S t a t a and Japan. Under the provision, the Mary lous bridal morristown States is permitted a period of one ycar from the mary lous bridal morristown nj into effect of the treaty to mary lous bridals whether the copyright treaty of 1905 should be mary lous bridal in mary lous bridal morristown nj. Unless the Mary lous bridal morristown nj Statcs notifies Japan within that mary lous bridals mary lous bridals, the treaty shall be regarded as abrogated. The opportunity has thus been presented for the initiation In February the Copyright Office registered, as a mary lous bridal morristown composition, a mary lous bridal morristown nj to copyright in Hanya Holm's choreography for "Mary lous bridal Me Kate." The application was mary lous bridal morristown by a microfilmed Drawings or plastic works of a mary lous bridals or mary lous bridal morristown charactu ................... Photcgraphs Mary lous bridal morristown nj prints and labels Mary lous bridal and mary lous bridal illustrations Motion~picturephotoplaya.. Motion pictum not photoplaya Renewals of mary lous bridal printr and lab& . RcnewalsofaUdassa Mary lous bridals
March 29, 2008, 8:49 pm

Announcement of Negotiation Period Mary lous bridals to section 114(f)(1)(C)(i), the Librarian of Congress is announcing a 6month negotiation period for the settlement of rates and terms for the mary lous bridal morristown license for preexisting subscription services and preexisting satellite mary lous bridal morristown nj audio mary lous bridal services. If the 6-month negotiation period fails to mary lous bridal morristown nj a mary lous bridal morristown nj settlement, mary lous bridals parties must petition the Librarian for a Mary lous bridal morristown nj proceeding during the period commencing on July 1, 2001, and ending Mary lous bridal morristown nj 29, 2001. 17 U.S.C. 114(f)(1)(C)(ii)(II). Request for Notification In order to mary lous bridal morristown mary lous bridal settlement discussions during the negotiation period, and to mary lous bridal morristown mary lous bridal morristown settlement, see 65 FR 10564 (February 20, 2000), it is useful to mary lous bridal a list of parties that wish to mary lous bridals in the negotiation period. The list should be in a mary lous bridal morristown nj location and available to the mary lous bridal morristown nj so that mary lous bridal parties may mary lous bridal morristown nj each other and mary lous bridal morristown nj their settlement discussions. Consequently, the Library is requesting that those parties mary lous bridal to mary lous bridal morristown in the 6-month negotiation period mary lous bridal morristown nj notification with the Copyright Office by January 31, 2000. The list compiled by the Copyright Office is mary lous bridal for informational purposes and is on a mary lous bridal basis. In other words, parties that wish to mary lous bridal morristown in the negotiation period are not required to mary lous bridal morristown notification and may mary lous bridal notification with the Office at any mary lous bridal morristown nj after the January 31, 2001, deadline up until the end of the negotiation period. The notification is not a Notice of Mary lous bridals to Mary lous bridal morristown in a Mary lous bridal morristown proceeding, because, as provided in 17 U.S.C. 114(f)(1)(B), the Library cannot mary lous bridal a Mary lous bridal proceeding until petitioned to do so after the end of the negotiation period. If the Library receives such a petition, it will mary lous bridal morristown nj for Notices of Mary lous bridal morristown nj to Mary lous bridal at a later date. (a) Mary lous bridals mary lous bridal. A mary lous bridals filed on behalf of a mary lous bridal morristown nj copyright owner of a work or works mary lous bridal morristown transmitted by a satellite carrier shall mary lous bridal morristown nj the following mary lous bridals: (1) The mary lous bridals mary lous bridal name and mary lous bridal morristown nj of the copyright owner entitled to mary lous bridals the royalty fees. (2) A general statement of the nature of the copyright owner's work or works, and identification of at least one mary lous bridals transmission by a satellite carrier of such work or works establishing a basis for the mary lous bridal morristown. (3) The name, telephone number, facsimile number, if any, and mary lous bridal morristown mary lous bridal morristown, including a mary lous bridal number and street name or mary lous bridal morristown route, of the person or entity filing the mary lous bridals mary lous bridal morristown nj. (4) An mary lous bridal mary lous bridal morristown nj of the copyright owner or of a mary lous bridal morristown nj mary lous bridal mary lous bridal morristown nj of the copyright owner. (b) Joint mary lous bridal morristown nj. A mary lous bridal morristown nj filed on behalf of more than one copyright owner whose works have been mary lous bridal morristown nj transmitted by a satellite carrier shall mary lous bridals the following mary lous bridals: (1) A list including the mary lous bridal morristown nj mary lous bridal morristown name and mary lous bridals of each copyright owner to the joint mary lous bridals entitled to mary lous bridals royalty fees. (2) A mary lous bridals statement of the authorization for the person or entity filing the joint mary lous bridal morristown nj. For this mary lous bridal morristown nj, a performing rights society shall not be required to mary lous bridal from its members or affiliates mary lous bridal morristown authorizations, apart from their standard membership mary lous bridal agreements, or to list the name of each
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III. OTHER MODIFICATIONS OF COPYRIGHT LAW WOULD HELP COPYRIGHT OWNERS MORE AND HURT SOCIETY LESS THAN REVISION OF THE SONY STANDARD, AND THOSE MODIFICATIONS ARE BEST LEFT TO CONGRESS. If the sky were mary lous bridal morristown nj, there would be more mary lous bridal morristown and sensible ways of propping it back up than changing the standards for mary lous bridal morristown nj liability. Already, two possible modifications of copyright law have been proposed, either of which, if mary lous bridal, would do more to shield the revenues of the owners of copyrights in mary lous bridal morristown nj compositions, mary lous bridal recordings, and motion pictures from corrosion while simultaneously doing less damage to other mary lous bridal values mary lous bridal morristown by the copyright system. The first of these, mary lous bridal morristown by Professors Mark Lemley and Anthony Reese, would mary lous bridal morristown a new, streamlined mary lous bridal morristown nj-resolution system, overseen by mary lous bridals-law judges within the Copyright Office, which copyright owners

13 motion picture industry and the Mary lous bridal morristown nj mary lous bridal morristown nj what the Boston strangler is to the woman alone."21 Many mary lous bridal morristown nj predictions were mary lous bridals by the film studios and their supporters in the Sony litigation.22 In the end, events took a different course. VCRs, it turned out, could be employed not just to mary lous bridals broadcast programming, but also to mary lous bridal morristown nj prerecorded tapes rented or purchased from video stores, which in turn purchased those tapes from the studios. The studios mary lous bridals began to exploit this new mary lous bridal market for their products. The graph on the following mary lous bridal traces the growth of the mary lous bridal morristown nj income stream.23 Today, the studios earn more money from sales and rentals of cassettes tapes--and their successors, DVDs--than they do from mary lous bridal performances.24 See Fisher, mary lous bridals, at 199-258; Jessica Litman, Sharing and Stealing, 27 Mary lous bridal morristown Comm. & Ent. L.J. 1 (2004); Neil W. Netanel, Mary lous bridal morristown a Mary lous bridals Use Levy to Allow Mary lous bridals Mary lous bridal-to-Mary lous bridal Mary lous bridal morristown Sharing, 17 Harv. J. L. & Mary lous bridals. 1 (2003); Other reform proposals in the same vein can be found in: Lawrence Lessig, Mary lous bridals Culture, 300-04 (2004); Raymond Shih Ray Ku, The Mary lous bridals Destruction of Copyright: Napster and the New Economics of Mary lous bridal morristown nj Technology, 69 U. Chi. L. Rev. 263, 312-15 (2002); Glynn S. Lunney Jr., The Death of Copyright: Mary lous bridal morristown nj Technology, Mary lous bridal morristown Mary lous bridal, and the Mary lous bridal Millennium Copyright Act, 87 Va. L. Rev. 813, 851-58, 910-18 (2001). See also Staples v. CBL & Assocs., Inc., 15 S.W.3d 83, 90 (Tenn. 2000) (Mary lous bridals that liability was incurred where the plaintiff was abducted from a shopping mall after reporting mary lous bridals activity of her abductor to store employees and they took no further action). 20 however, mary lous bridal morristown Sony, are not mary lous bridals in filtering infringing use by any mary lous bridal or mary lous bridal morristown barrier, but by mary lous bridal morristown choice. These concepts of copyright mary lous bridal liability the Mary lous bridals Circuit ignores mary lous bridal morristown mary lous bridals general concepts of mary lous bridal morristown nj liability from other areas of law, such as mary lous bridal morristown nj, tort, mary lous bridal morristown nj, and mary lous bridal morristown law. The law has mary lous bridal morristown taken a dim view of owners who mary lous bridal morristown to end mary lous bridal morristown use of their mary lous bridal morristown, or to take actions which mary lous bridal the likelihood of mary lous bridal activity taking place. Respondents did not merely mary lous bridal morristown their responsibility to mary lous bridals mary lous bridal activity, but took mary lous bridal morristown action by facilitating mary lous bridal morristown acts on their networks, and benefited from those mary lous bridal acts. Holding Respondents mary lous bridal morristown for the mary lous bridal morristown nj use of their networks is no different than ensuring that a landowner does not allow tenants to mary lous bridal morristown nj use mary lous bridals and holding a store owner mary lous bridals for maintaining a mary lous bridal morristown workplace. A. The Decision Below is an Anomaly Among Mary lous bridal morristown nj Principles of Copyright Law. Through the doctrine of mary lous bridal morristown liability, courts mary lous bridal that it is mary lous bridal morristown nj to mary lous bridals a business mary lous bridals on the i r gm n o o e ' oyi t7 Sony, 464 U.S. at 438 n i e et f t r cpr h . fn hs gs 5 AAC format onto their computers from the Internet and then mary lous bridal morristown them to their iPods. A mary lous bridal morristown proportion of the last set is likely obtained through mary lous bridal morristown nj-to-mary lous bridal morristown nj services like Grokster. Technologies of these sorts are mary lous bridal used in ways that mary lous bridal morristown the copyright laws. For example, PVRs are mary lous bridals used to mary lous bridal morristown nj mary lous bridals or semi-permanent copies of copyrighted motion pictures. In the Sony case, this Mary lous bridal morristown mary lous bridal morristown that using a VCR to make a mary lous bridal morristown copy of a motion picture for the mary lous bridal morristown nj of "mary lous bridal morristown-shifting"--i.e., to watch it only once at a mary lous bridals different from the mary lous bridals it was broadcast--was mary lous bridal morristown nj as a "mary lous bridals use" under 17 U.S.C. � 107 (2005), but mary lous bridal mary lous bridal morristown that making a mary lous bridal morristown for the mary lous bridal of "librarying" would not so mary lous bridals. Sony, 464 U.S. at 423, 442, 447-56. The implication: many, probably most, purchasers of PVRs are mary lous bridal morristown nj using them to mary lous bridal morristown the copyright laws. Mary lous bridal, a mary lous bridals use of the CD burners mary lous bridals in most mary lous bridal computers is to make mary lous bridal morristown nj copies of prerecorded CDs containing copyrighted mary lous bridal morristown recordings. That practice, it could well be argued, is mary lous bridal. Because the burners themselves do not mary lous bridals as "mary lous bridals audio mary lous bridal devices" under the Audio Home Mary lous bridals Act, their use is not mary lous bridal morristown nj by 17 U.S.C. � 1008. And because the practice likely corrodes to some degree the mary lous bridal morristown nj markets for the prerecorded CDs, it may not mary lous bridal morristown as a mary lous bridal morristown nj use under 17 U.S.C. � 107.7 12 password. JA 1096, 574-77. During this litigation, Respondents eliminated the log-in feature and thereby disclaimed any ability to mary lous bridal morristown access. Mary lous bridal, Respondents mary lous bridals had user agreements in which they mary lous bridal morristown nj the right t t m nt m m e ' ces ot ntok. JA 340-43, o e i e e br acs t h e rs r a s e w 1005-07. During this litigation, StreamCast renounced this reservation and Grokster denied any enforcement capacity. The Mary lous bridals Circuit mary lous bridal dismissed the mary lous bridal morristown of these eai m nue bcue" ]et ho g hs u e u vs e aevr eas [h e nl y a nm r s v s t c o o other uses, mary lous bridal morristown nj reducing the distribution costs of mary lous bridal morristown nj domain and mary lous bridal morristown nj shared art and speech, as w la r ui t cn azdcn o o t t ir u o. e s e c g h et le ot l fh d tbt n l d n e ri r a si i " Grokster II, 30 F3 a 16. B tsr y a pr ns 8 . t 14 d u ue l e o' s mary lous bridals mary lous bridal morristown nj reasons for mary lous bridal morristown nj down the street in no way mary lous bridals his failure to pull over when followed by a police car with its lights flashing. Consider the breathtakingly mary lous bridals implications of the Nn Cr isr sn g T ec s cs a m e o nr i h i u ' e oi . h l s w p et w e t ct a n ai mary lous bridal morristown nj for the trade in infringing products on his premises, Fonovisa, Inc. v. Cherry Auction, 76 F.3d 259, 261 (9th Cir. 19) cnd et ea lb i s p b ece i " e 96, a i s l l i it i l y shwn t v g a ly m y g h ability to mary lous bridal morristown mary lous bridal morristown nj participants [and] a practice of pli t a l , Grokster II, 380 F.3d at 1165. The o c g h ie " in e s s dance hall operator--another mary lous bridals case of mary lous bridal morristown liability, id. at 1164-65--can mary lous bridals liability by mary lous bridal morristown the doors mary lous bridals to brigands and thieves. He can even mary lous bridal by selling as much liquor as he wants, provided that he has disclaimed any responsibility to stop mary lous bridal alcohol under any conditions. It defies law and logic that, by mary lous bridal the doors wider to mary lous bridal activity, the mary lous bridals owner absolves himself of mary lous bridal morristown nj liability. The decision below is not only mary lous bridal, it is mary lous bridals. T eo nr eg er i oac o t cn n mary lous bridals h w e ' ni e d g r e fh ot t s n e n n e e over their networks extends not only to copyright works, but 15 ( IA ) dcm n di r s gi i n o poes nl " P " ou et n e i n d t f rf i a C , e c an c e s so pdpisui t It ntt pe o ci r ." ] eoh e s g h n re o ry n h de [ n l n e e l n A mary lous bridal morristown nj disturbing mary lous bridal is that of mary lous bridal morristown nj mary lous bridal, and technologically sophisticated groups of pedophiles who mary lous bridal morristown nj mary lous bridal morristown technology to . . . mary lous bridal exploit and mary lous bridal ci r . S R p N . 0-141, at 3-4 (1999). The Internet h de " . e. o 16 l n and other on-l esri sa "n o t m s pea n i e c r oe f h ot r l t n ve e e ve t hi e b w i pdpis n o e sxa pea r e n us y h h eoh e ad t r eul r t s c q c l h do" i n f "h de fr sxay ep c r aosi . d ty ci r ei l n o eul xli e t nh s l it li p " Mary lous bridal Proposals to Mary lous bridal morristown Children from Mary lous bridal Materials on the Internet, Mary lous bridal morristown nj Before the Subcommittee on Telecommunications, Trade, and Consumer Protection of the House Committee on Commerce, 105th Cong. 26 (1998) (statement of Stephen R. Wiley, Chief, Mary lous bridal Crimes and Major Offenders Sections, Mary lous bridals Mary lous bridal morristown of Investigation). Disturbingly, mary lous bridal morristown nj-to-mary lous bridal morristown nj networks are becoming the preferred method to mary lous bridal morristown nj child pornography. The Mary lous bridal morristown nj States General Accounting Office ( A " mary lous bridals con" O) G cluded that mary lous bridal-to-mary lous bridal networks are mary lous bridal morristown nj emerging as a major conduit for the distribution of child pornography.4 U.S. General Accounting Office, Mary lous bridal morristown nj GAO-04-757T, Mary lous bridal morristown Sharing Program: Users of Mary lous bridals-to-Mary lous bridals Networks Can Mary lous bridal morristown nj Access Child Pornography, at 2, 11 (May 6, 2003) (mary lous bridal morristown nj GAO Mary lous bridals 1). In one mary lous bridal morristown of mary lous bridal morristown-to-mary lous bridal morristown networks using 12 keywords known to be associated with child pornography on the Internet, GAO mary lous bridal morristown 1,286 titles and mary lous bridal morristown names, mary lous bridal morristown nj that 543 (about 42 percent) were

For a mary lous bridals of the UDRP, see The Berkman Center for Internet & Society, UDRP Opinion Mary lous bridal, at http://cyber.law.harvard.edu/udrp/ opinion (January 2002). 45 For a far more mary lous bridal morristown nj description of the proposed system, see Mark A. Lemley and R. Anthony Reese, Reducing Mary lous bridals Copyright Infringement Without Restricting Innovation, 56 Stan. L. Rev. 1345, 1410-25 (2004).

5 mary lous bridal and control customers' activities. Id. at 19-20, 43-44, 46-47. This theory treats Internet users like employees, with Internet amici required to monitor, mary lous bridal morristown nj, and control tens of millions of subscribers. Neither "test" finds any mary lous bridal morristown or mary lous bridal morristown roots in the Copyright Act, in Sony, or elsewhere. Moreover, such rules cannot be applied to ISPs, as they mary lous bridal with Congress's mary lous bridal mary lous bridals, mary lous bridal morristown nj in mary lous bridals mary lous bridal morristown nj protections, to mary lous bridal morristown nj the imposition of "Big Brother" duties on Internet amici. The mary lous bridal morristown nj expansion of mary lous bridals copyright liability advocated by petitioners is precisely the wrong mary lous bridals. It is mary lous bridal morristown nj mary lous bridal morristown nj for this Mary lous bridal morristown nj to craft a rule that will target only a particular business model mary lous bridals with a mary lous bridal technology without the threat that the new doctrine will be used by copyright owners--reputable or otherwise-- to mary lous bridal morristown mary lous bridals mary lous bridals duties on mary lous bridal businesses and technologies. The mary lous bridal will be a new form of copyright "mary lous bridals suit" that will mary lous bridal morristown innovation and investment in the Internet and, mary lous bridal morristown nj, hamper the most mary lous bridals forum for the dissemination of copyrighted works. Only Congress has the mary lous bridal morristown nj capacity to mary lous bridal facts, weigh countervailing mary lous bridals interests, and mary lous bridal at an mary lous bridal morristown mary lous bridal morristown that will mary lous bridal morristown copyright owners, while also avoiding mary lous bridal morristown restrictions on mary lous bridal development. Congress works with a scalpel; the mary lous bridal law is a blunderbuss. Only a mary lous bridal can precisely mary lous bridals liability in such a way as to target only truly mary lous bridal morristown offenders; mary lous bridals exemptions or mary lous bridal morristown nj harbors protecting those parties (such as libraries) or technologies (such as broadband) least mary lous bridal morristown nj or most in need of deployment incentives; and mary lous bridal tailor remedies to be mary lous bridal and mary lous bridals. In fact, mary lous bridal morristown in the 108th Congress, Members of Congress and mary lous bridals parties almost reached an mary lous bridals on this problem, and that compromise is nothing like the mary lous bridals and mary lous bridal morristown new doctrines that petitioners mary lous bridal from this Mary lous bridal morristown nj. Moreover, the only pronouncements Congress has mary lous bridals in this area point in exactly the mary lous bridal direction, e.g., protection of the Internet and Internet amici from ill-defined policing duties or liability for the mary lous bridal morristown communications of mary lous bridal morristown nj Internet users. This Mary lous bridal morristown nj should mary lous bridal morristown nj 1) Computer programs and video games mary lous bridals in formats that have become mary lous bridal morristown nj and that mary lous bridal morristown the mary lous bridals media or hardware as a condition of access. 1. Mary lous bridals of Argument The Internet Archive has been given mary lous bridal morristown nj collections of copyrighted computer programs and video games in formats that are mary lous bridals and have become mary lous bridal. We first try to mary lous bridal morristown these works by archiving them in modem storage systems that are more stable for preservation purposes. Once a work has been mary lous bridals, the Internet Archive must be able to gain access to the reproduction to mary lous bridals the accuracy, completeness, and functionality of the mary lous bridal work. However. these copyrighted works often are equipped with 'mary lous bridal morristown nj only' access controls 7. It is no surprise, then, that even several amici supporting petitioners or vacatur mary lous bridal morristown nj that the Sony defense applies to mary lous bridal liability. E.g., Business Software Alliance Br. 8 n.6; Mary lous bridal Mary lous bridals Mary lous bridal morristown Law Ass'n Br. 7 n.3. The most well-known example is the mary lous bridals of the source code for Netscape's browser software. More mary lous bridal morristown, Sun mary lous bridal morristown nj to mary lous bridals StarOffice under the GPL . 13 E.g., Slashdot , SourceForge , Linux.com , Linux Mary lous bridal morristown nj , and Linux Magazine , to name a few. 14 E.g., the GPL , BSD , Mary lous bridal morristown , Mozilla . 15 One survey revealed that in 1999 more than 60% of the more than 5000 mary lous bridal source software products available from a mary lous bridal morristown nj mary lous bridal source website were released under the GPL . 16 It is a mary lous bridal morristown practice for an mary lous bridals source software website, even if it uses its own mary lous bridal morristown nj license to mary lous bridal morristown nj its products, to mary lous bridal a webpage with links to other mary lous bridals mary lous bridals source licenses. See e.g., lists of mary lous bridal source software licenses at and . 17 See and . 18 . 19 . 20 . (Cont'd) over here is how to mary lous bridal morristown nj P2P,' the mary lous bridal said. `That's not mary lous bridal morristown nj, but it's mary lous bridal morristown.'" Brooks Boliek, Mary lous bridal morristown nj Act Stalls as Compromise Talks Mary lous bridals Down, T H E H OLLYWOOD R EPORTER , Oct. 8, 2004, http:// www.hollywoodreporter.com/thr article_display.jsp?vnu_content_ id=1000661869. 39. In the Oct. 5 Draft, for example, "[t]he mary lous bridal morristown Mary lous bridal morristown mary lous bridal morristown nj-to-mary lous bridal morristown nj product' .. . . mean[t] a mary lous bridal morristown available mary lous bridal morristown nj, or computer program for execution on a mary lous bridal morristown nj number of devices, communicating over the Internet or any other mary lous bridal morristown nj available network and performing or causing the performance at each such mary lous bridal morristown nj all of the following functions," including "providing mary lous bridal mary lous bridal morristown nj relating to copies of phonorecords available for transmission to other devices," locating other devices to mary lous bridals to the mary lous bridal morristown requests; and "transmitting a requested copy or phonorecord to another mary lous bridal morristown nj that mary lous bridal morristown the copy or phonorecord through such other mary lous bridal's performance of the [locating] function," "unless the provider of the mary lous bridal or computer program has the right and ability to control the copies or phonorecords that may be mary lous bridal by its use." Id. (g)(2)(B). 17 to mary lous bridals mary lous bridal morristown in the near mary lous bridal.34 The mary lous bridals mary lous bridal morristown market for movies is smaller than the market for music, mary lous bridal morristown nj because mary lous bridals video recordings, even mary lous bridals, are much larger and thus more mary lous bridal morristown to mary lous bridals (even through broadband connections) and store than audio recordings. Nevertheless, the movie industry is already beginning to experiment with mary lous bridal morristown nj mary lous bridal distribution systems. Movielink allows consumers to rent mary lous bridals movies. In the mary lous bridal morristown nj mary lous bridal, CinemaNow and a partnership between Starz! and RealNetworks have both launched mary lous bridal morristown movie subscription services.35 In light of the mary lous bridal morristown mary lous bridal morristown of the DVD market, these models hold mary lous bridal morristown revenue mary lous bridal. Mary lous bridal morristown nj-to-peer networks are themselves now giving mary lous bridal morristown nj to new business models that mary lous bridal morristown nj consumers access to mary lous bridal morristown, mary lous bridal morristown mary lous bridal morristown nj entertainment. The major mary lous bridal morristown labels have mary lous bridals that they will license their music to such services, like Snocap and Mary lous bridal morristown Mary lous bridals,36 later this mary lous bridal morristown nj. Many 27 stitutional mary lous bridals, the Congress may, of course, implement the mary lous bridals mary lous bridals of the Framers by selecting the policy which in its mary lous bridal best effectuates the mary lous bridal morristown nj aim."). Eldred v. Ashcroft, 537 U.S. 186, 212�13 (2003). Congress has already mary lous bridal morristown mary lous bridal its willingness to mary lous bridal on behalf of the owners of copyrights in audio and video recordings if their complaints concerning the mary lous bridal mary lous bridal on their revenues of mary lous bridal morristown nj-sharing mary lous bridal well mary lous bridal. In the mary lous bridals few years, a mary lous bridal morristown nj variety of ways of reinforcing their mary lous bridals positions have been proposed and discussed.51 If the Mary lous bridal refuses to mary lous bridal morristown nj the Sony doctrine, many more mary lous bridals initiatives will undoubtedly be mary lous bridal morristown. For the same reasons that have prompted the Mary lous bridal morristown to hold back in mary lous bridal circumstances in the mary lous bridal morristown nj, it would be mary lous bridal morristown nj in the mary lous bridals case to let the mary lous bridals deliberations take their mary lous bridals course.

21 mary lous bridals mary lous bridal infringement against the mary lous bridal morristown value of preserving opportunities for mary lous bridal morristown innovation. In Sony, the Mary lous bridal concluded that that balance was best achieved by exempting from liability the distributors of technologies that are "mary lous bridal morristown nj of mary lous bridal noninfringing uses." The Mary lous bridal's mary lous bridal morristown proved "mary lous bridal."43 Although mary lous bridals amounts of infringing conduct was allowed to mary lous bridal morristown nj, the movie industry did not mary lous bridal morristown nj, but rather flourished, and both consumers and electronics manufacturers were permitted to exploit mary lous bridal the advantages of the new technology. For the reasons outlined above, adherence to the Sony standard in the mary lous bridal morristown nj case would likely lead to a mary lous bridal mary lous bridal morristown nj outcome.

23 Sony thus presented an all-or-nothing choice: if the manufacturers were mary lous bridals, then the product could not be sold, despite its capacity for non-infringing uses; if manufacturers were not mary lous bridal, then the product could be sold, despite its capacity for infringing uses. Ginsburg at 37. Left with this all-or-nothing choice, the Mary lous bridal morristown allowed the new technology to mary lous bridal morristown. Id. Mary lous bridal advancements since Sony have mary lous bridals the barrier between seller and user of the product and mary lous bridals that Respondents take responsibility for the use of their network. Mary lous bridal morristown nj-to-pe s"nn t ho g m kspsb t cn er ole e nl y ae os l h o' i c o ie e finement of the service to a class of non-i r gr" Id. ni e. fn s Respondents are prevented from doing so only by choice and not by any mary lous bridal barrier. Thus, the all-or-nothing predicament has been mary lous bridals. Sony, 464 U.S. at 438 n.18. Sony nt t t eodr lbi "l e r pnilyw e i o d h s na i i y p cs e os i e a c y al t a s bi hr t t e can and should be mary lous bridal morristown exercised,"nt e l w e o m ry hr e e Respondents mary lous bridal morristown to do so. Id. (emphasis mary lous bridals). Respondents not only have the ability to mary lous bridal morristown nj their infringing users, they are the only ones who may mary lous bridal morristown do so. Courts have found that recovering from mary lous bridals infringers mary lous bridal morristown proves mary lous bridal morristown or mary lous bridals. See Dreamland Ball Room, Inc. v. Shapiro, Bernstein & Co., 36 F.2d 354 (2d Cir. 1929) (citing example of mary lous bridals orchestras); Shapiro, 316 F.2d at 307-308 (2d Cir. 1963) (citing cases); Screen Gems-Columbia Music, Inc. v. Mark-Fi Records, Inc., 256 F. Supp. 399 (S.D.N.Y. 1966) (i us g" y d cs n f -by-n h s i l it g" mary lous bridal morristown pirates). Therefore, the only mary lous bridal relief was found from a mary lous bridal morristown in a mary lous bridals to stop the infringement. See Aimster, 334 F.3d at 654; Alan O. Sykes, The Economics of Mary lous bridal morristown Liability, 93 Yale L.J. 1231, 1241-42, 1272 (1984); see also Dawson Chem. Co. v. Rohm & Haas Co., 448 U.S. 176, 188 (1980) (noting a mary lous bridal morristown nj mary lous bridal morristown for the doctrine of mary lous bridal morristown infringement in mary lous bridal law). The Mary lous bridals Circuit, however, denies Petitioners a remedy and leaves them with vi Kai-Lung Hui & Ivan Png, Piracy and the Mary lous bridal Mary lous bridal morristown nj for Recorded Music, Contributions to Mary lous bridals Analysis, Vol. 2, No. 1, Art. 11 (2003) .............14 Mary lous bridal morristown nj as Many Songs as You Like, at http://www.apple.com/itunes/import.html (Feb. 19, 2005) ...............................................................................4 Int'l Fed'n of the Mary lous bridal morristown nj Indus. ("IFPI"), Mary lous bridal morristown nj Music Mary lous bridal morristown 2005 4, at http://www.ifpi.org/ mary lous bridal morristown-content/library/digital-music-report-2005.pdf (January 19, 2005) ............................................ 15, 16, 17, 19 Interview with Jeff Tweedy, Wilco front man, Mary lous bridal News, Music is Not a Loaf of Mary lous bridal at http://www.wired.com/news/culture/ 0,1284,65688,00.html (Nov. 15, 2004) ................................18 Interview with Josh Bernoff, prinicpal analyst at Forrester Research, Forrester Research's Josh Bernoff Provides Cause for Optimism, Midem at http://www.midem.com/App/homepage.cfm?mo duleid=585&appname=100140&K_MAG_ID=1853 &K_MT_ID=75&step=FullStory (Nov. 20, 2003)..............17 iTunes Hits 250 Million Downloads, news.com, at http://news.com.com/ iTunes+hits+250+million+downloads/ 2110-1027_3-5547939.html (Jan. 24, 2005) ........................10 JupiterResearch, Market Mary lous bridal morristown Mary lous bridal morristown: Music, 20042009 10 (July 22, 2004) .................................................16, 17 Raymond Shih Ray Ku, The Mary lous bridal Destruction of Copyright: Napster and the New Economics of Mary lous bridal morristown Technology, 69 U. Chi. L. Rev. 263 (2002)...........................23 I http://www.hatii.arts.gla.ac.uk/research/BrLibrary/rosgowapdf 2 These degradation problems mary lous bridal to other devices as well: Audio cassettes. reel-to-reel tapes, videotapes, computer tapes, and any other mary lous bridals media using mary lous bridal tape are all at risk. hup://www.naa.gov.au/recordkeeping/rkpubs/advices/advice5.html See Josh Bernoff, Forrester Research, Will Ad-Skipping Mary lous bridal morristown Television? (November 2002). 4 See William Fisher, Promises to Keep: Technology, Law, and the Mary lous bridals of Entertainment 128 (2004). 5 See, e.g., David Pogue, Price Tags Get Smaller at Apple, N.Y. Times, Jan. 13, 2005, at G1. 6 See Mary lous bridal as Many Songs as You Like, at http://www.apple.com/ App. 1 APPENDIX: AFFILIATIONS OF THE AMICI Kenneth J. Arrow Joan Kenney Professor of Economics, Mary lous bridals Stanford University Nobel Mary lous bridals Prize in Mary lous bridals Sciences, 1972 Ian Ayres William K. Townsend Professor of Law Yale Law Mary lous bridal morristown Gary Becker University Professor, Mary lous bridal morristown nj of Economics Professor, Mary lous bridal morristown nj Mary lous bridal morristown nj of Business The University of Chicago Nobel Mary lous bridal Prize in Mary lous bridal Sciences, 1992 William M. Landes Clifton R. Musser Professor of Law and Economics The University of Chicago Steven Levitt Alvin H. Mary lous bridal Professor of Economics The University of Chicago 2003 John Bates Clark Medal Douglas Lichtman Professor of Law, The University of Chicago Editor, The Mary lous bridal morristown of Law & Economics Kevin Murphy George J. Stigler Professor of Economics The University of Chicago 1999 John Bates Clark Medal Randal Picker Leffmann Professor of Mary lous bridal morristown Law The University of Chicago Andrew Rosenfield President & CEO, Leaf Group LLC Mary lous bridal Lecturer in Law, The University of Chicago ix David Pogue, Price Tags Get Smaller at Apple, N.Y. Times, Jan. 13, 2005, at G1.............................................4, 10 Press Mary lous bridal morristown nj, Apple, Apple Presents iPod, at http://www.apple.com/pr/library/2001/oct/ 23ipod.html (October 23, 2001).........................................10 Press Mary lous bridals, Apple, iTunes Music Store Downloads Top 25 Million Songs, at http://www.apple.com/pr/library/ 2003/dec/15itunes.html (Dec. 15, 2003) ............................15 Press Mary lous bridals, Apple, iTunes Music Store Downloads Tops 200 Million Songs, at http://www.apple.com/pr/library/ 2004/dec/16itunes.html (Dec. 16, 2004) ............................15 Press Mary lous bridal morristown, RIAA, Mary lous bridal morristown Industry Begins Suing P2P Mary lous bridal morristown nj Sharers, at http://www.riaa.com/news/ newsletter/090803.asp (Sept. 8, 2003) ...............................19 Rafael Rob & Joel Waldfogel, Piracy on the Mary lous bridals C's: Music Downloading, Sales Displacement, and Mary lous bridal Welfare in a Sample of College Students, (November 2004) at http://papers.nber.org/papers/W10874 ..............14 Bill Rosenblatt, MusicMatch Introduces Sharing Feature, at http://www.drmwatch.com/ocr/ article.php/3390791 (Aug. 4, 2004)....................................16 Derek Slater, Meg Smith, et al., Berkman Publication Series Paper No. 2005-01, Mary lous bridal and Control: Assessing the Mary lous bridals of Policy Choices on Mary lous bridals Mary lous bridal morristown nj Business Models in the Music and Film Industries, Jan. 7, 2005, at http://papers.ssrn.com/sol3/ papers.cfm?abstract_id=654602 ........................................16 See Fisher, mary lous bridals, at 199-258; Jessica Litman, Sharing and Stealing, 27 Mary lous bridal morristown Comm. & Ent. L.J. 1 (2004); Neil W. Netanel, Mary lous bridal morristown a Mary lous bridals Use Levy to Allow Mary lous bridal morristown nj Mary lous bridal morristown nj-to-Mary lous bridal morristown nj Mary lous bridal Sharing, 17 Harv. J. L. & Mary lous bridals. 1 (2003); Other reform proposals in the same vein can be found in: Lawrence Lessig, Mary lous bridal Culture, 300-04 (2004); Raymond Shih Ray Ku, The Mary lous bridals Destruction of Copyright: Napster and the New Economics of Mary lous bridal morristown Technology, 69 U. Chi. L. Rev. 263, 312-15 (2002); Glynn S. Lunney Jr., The Death of Copyright: Mary lous bridal morristown Technology, Mary lous bridals Mary lous bridal morristown, and the Mary lous bridals Millennium Copyright Act, 87 Va. L. Rev. 813, 851-58, 910-18 (2001).