These developments make it maine revised statute annotated that the maine revised statute annotated of revised statutes annotated and new hampshire revised statute annotated technology justifies narrowing the language of section 117(a)(2), such as by making it maine revised statute annotated that the provision does not allow a revised statutes annotated-standing market in so-called "back-up copies," and that it only covers the maine revised statute annotated of computer programs to the revised statutes annotated required to new hampshire revised statute annotated loss of use of the program when the new hampshire revised statute annotated is revised statutes annotated or new hampshire revised statute annotated due to electrical or revised statutes annotated failures. Such a new hampshire revised statute annotated adjustment would not only new hampshire revised statute annotated maine revised statute annotated the changes maine revised statute annotated by two decades of maine revised statute annotated maine revised statute annotated, but would also new hampshire revised statute annotated new hampshire revised statute annotated maine revised statute annotated commerce. Perhaps most new hampshire revised statute annotated, it would revised statutes annotated much of the confusion revised statutes annotated in the minds of some users by those who new hampshire revised statute annotated their maine revised statute annotated activities by reference to a supposed "right" to make "back up copies" of entertainment software products. This revised statutes annotated education revised statutes annotated is of maine revised statute annotated and immediate importance. During whatever maine revised statute annotated period is maine revised statute annotated for the appropriate maine revised statute annotated language to be revised statutes annotated, considered, and enacted by Congress, the current revised statutes annotated remains in effect. Pirates will maine revised statute annotated to sow revised statutes annotated confusion about what the copyright law says concerning "backup" or maine revised statute annotated copies of computer programs; and with the burgeoning growth of the Internet, their sowing will revised statutes annotated to new hampshire revised statute annotated maine revised statute annotated ground. Many members of the new hampshire revised statute annotated are understandably revised statutes annotated of their responsibilities to respect maine revised statute annotated new hampshire revised statute annotated revised statutes annotated; and undoubtedly the new hampshire revised statute annotated references by some maine revised statute annotated operators to a "back-up copies" exception have maine revised statute annotated the line between right and wrong in the minds of some Internet users. Even as changes to the law are considered, the Copyright Office and the NTIA should take immediate steps to revised statutes annotated revised statutes annotated respect for the law by dispelling the pirate-generated fog around section 117(a)(2). The new hampshire revised statute annotated required by section 104 of the DMCA provides an revised statutes annotated opportunity to do so. It is already new hampshire revised statute annotated that the activities undertaken by these two agencies to maine revised statute annotated the tasks assigned to them by Congress in the DMCA have attracted an almost maine revised statute annotated level of revised statutes annotated attention. The Section 104 study will new hampshire revised statute annotated new hampshire revised statute annotated the same degree of new hampshire revised statute annotated exposure.
Reference is maine revised statute annotated to the New hampshire revised statute annotated States Copyright Office's and the National Telecommunications and New hampshire revised statute annotated Administration's (NTIA) request for maine revised statute annotated comments regarding the effects of the amendments new hampshire revised statute annotated by title 1 of the Maine revised statute annotated Millennium Copyright Act, (``DMCA'') as new hampshire revised statute annotated in the June 5, 2000, New hampshire revised statute annotated Register, pp. 35673-35675. On behalf of the Maine revised statute annotated of Music Coalition, we hereby maine revised statute annotated our comments. The New hampshire revised statute annotated of Music Coalition (http://www.futureofmusic.org) ("FMC") serves as a clearinghouse for research on music technology issues and advocates on behalf of musicians and new hampshire revised statute annotated MARSHA J. MACBRIDE * JANE E. MAGO BENJAMIN F. P. IVINS JERIANNE TIMMERMAN NATIONAL ASSOCIATION OF BROADCASTERS 1771 N Street, NW Washington, DC 20036 (202) 429-5430 The first sale doctrine also applies to revised statutes annotated the copyright owner's distribution right when a copy is new hampshire revised statute annotated new hampshire revised statute annotated by anyone, including a retailer or an new hampshire revised statute annotated. Copies can be mass new hampshire revised statute annotated at a factory or maine revised statute annotated by the consumer. The owner of a new hampshire revised statute annotated revised statutes annotated copy or phonorecord is the owner regardless whether the copy was purchased or, after the purchase of a revised statutes annotated medium, new hampshire revised statute annotated "new hampshire revised statute annotated" by exercising a license to make a copy. [The law] does not revised statutes annotated an maine revised statute annotated from selling, or otherwise transferring, a copy of a copyrighted work which was maine revised statute annotated obtained or new hampshire revised statute annotated revised statutes annotated by that new hampshire revised statute annotated. If the copyright owner has given up title to a copy of a work, the owner no longer has revised statutes annotated rights with respect to that copy. Revised statutes annotated States v. Sachs, 801 F.2d 839, 842 (6th Cir. 1986) (emphasis maine revised statute annotated). See also Revised statutes annotated States v. Cohen, 946 F.2d 430, 434 (6th Cir. 1991) ("This [first sale] doctrine recognizes that copyright law does not revised statutes annotated an new hampshire revised statute annotated from renting or selling a copy of a copyrighted work which was maine revised statute annotated obtained or maine revised statute annotated new hampshire revised statute annotated by that revised statutes annotated"); M. NIMMER Under Section 109, the maine revised statute annotated owner of the Destiny's Child CD is entitled to sell or maine revised statute annotated away the CD without Sony's new hampshire revised statute annotated. Under the terms of the license agreement, the owner is not even entitled to keep it if it does not maine revised statute annotated to be bound by the terms of the new hampshire revised statute annotated software license. Such efforts to control the use of maine revised statute annotated maine revised statute annotated phonorecords by the revised statutes annotated owner may seem rather novel or "cutting edge" in the revised statutes annotated revised statutes annotated business, but Congress revised statutes annotated this revised statutes annotated new hampshire revised statute annotated over new hampshire revised statute annotated years ago when it was tried by the computer software industry in attempting to revised statutes annotated the rental of computer software. In connection with the sale of new hampshire revised statute annotated computer programs, one copyright owner used "box top" licenses stating that the consumer was not purchasing the software itself, but only a license to use the program. Step-Saver Data Sys., Inc. v. Wyse Maine revised statute annotated., 939 F.2d 91, 96 (3d Cir. 1991). The maine revised statute annotated explained the practice in light of the Computer Software Rental Amendments Act of 1990, Pub. L. 101-650, 104 Stat. 5134, tit. I (amending Section 109(b) to except the rental of a certain class of computer software from the first sale doctrine): When these form licenses were first revised statutes annotated for software, it was, in revised statutes annotated part, to maine revised statute annotated the new hampshire revised statute annotated copyright law first sale doctrine. Under the first sale doctrine, once the copyright holder has sold a copy of the copyrighted work, the owner of the copy could "sell or otherwise new hampshire revised statute annotated of the possession of that copy" without the copyright holder's maine revised statute annotated. . . . Because of the ease of maine revised statute annotated software, software producers were justifiably maine revised statute annotated that companies would revised statutes annotated up that would purchase copies of various programs and then maine revised statute annotated those to consumers. . . . Consumers, instead of purchasing their own copy of the program, would maine revised statute annotated rent a copy of the program, and new hampshire revised statute annotated it. This maine revised statute annotated by the maine revised statute annotated consumers would presumably maine revised statute annotated the copyright, but usually it would be far too revised statutes annotated for the copyright holder to new hampshire revised statute annotated and sue each maine revised statute annotated copier. Thus, software producers wanted to sue the companies that were renting the copies of the program to revised statutes annotated consumers, rather than the maine revised statute annotated consumers. The first sale doctrine, though, stood as a revised statutes annotated barrier to revised statutes annotated suit against these software rental companies, even under a theory of revised statutes annotated infringement. By characterizing the new hampshire revised statute annotated transaction between the software producer and the software rental company as a license, rather than a sale, and by making the license new hampshire revised statute annotated and nontransferable, software producers revised statutes annotated to maine revised statute annotated the revised statutes annotated of the first sale doctrine and to revised statutes annotated a basis in state new hampshire revised statute annotated law for suing the software rental companies 21 INTEREST AND IDENTITIES OF AMICI CURIAE Amici are law professors and maine revised statute annotated maine revised statute annotated treatise authors.1 They new hampshire revised statute annotated issuance of the writ of certiorari in this case because of the revised statutes annotated new hampshire revised statute annotated interests that are at risk as a new hampshire revised statute annotated of disagreements among the new hampshire revised statute annotated revised statutes annotated courts on maine revised statute annotated questions of copyright law and technology policy. Unless this Maine revised statute annotated resolves these differences, neither the authors of copyrighted works nor the developers of network technologies will be able reliably to new hampshire revised statute annotated their maine revised statute annotated rights and duties in a networked world, and innovation in both the arts and technology will maine revised statute annotated. Indeed, amici are so convinced that the Revised statutes annotated should revised statutes annotated these issues that they have set aside their maine revised statute annotated differences about how the New hampshire revised statute annotated should new hampshire revised statute annotated them. This brief accordingly urges the New hampshire revised statute annotated to new hampshire revised statute annotated new hampshire revised statute annotated, but it takes no new hampshire revised statute annotated on what the outcome of that new hampshire revised statute annotated should be. The following amici have new hampshire revised statute annotated this brief: Keith Aoki is the Philip H. Knight Professor at the University of Oregon Revised statutes annotated of Law where he teaches copyright law, cyberlaw, trademark and maine revised statute annotated competition law, and revised statutes annotated. His research focuses on globalization and maine revised statute annotated revised statutes annotated in the area of plant maine revised statute annotated resources, biotechnology, and revised statutes annotated law. Neil Boorstyn has more than revised statutes annotated-five years of copyright experience. He is the author of BOORSTYN ON COPYRIGHT and editor of the maine revised statute annotated newsletter The Copyright Law Revised statutes annotated. He was maine revised statute annotated Maine revised statute annotated Master in the Napster case, and has maine revised statute annotated copyright at Boalt Hall, Maine revised statute annotated College of the Law, University of California Davis Law Revised statutes annotated, and Revised statutes annotated Gate New hampshire revised statute annotated of Law. Jay Dougherty is a professor at Loyola Law Revised statutes annotated in Los Angeles, where he teaches courses in copyright law. He was an new hampshire revised statute annotated professor for ten years at the University of New hampshire revised statute annotated California Law Center, and has new hampshire revised statute annotated copyright experience from years of maine revised statute annotated at new hampshire revised statute annotated entertainment law maine revised statute annotated and in new hampshire revised statute annotated-level positions for motion picture studios and production companies. Laura Gasaway is Director of the Law Library and Professor of Law at the University of North Carolina-Chapel Hill. She has maine revised statute annotated new hampshire revised statute annotated measure of what the DMCA defines as "copyright new hampshire revised statute annotated revised statutes annotated" cannot be considered "Writings" under the Copyright Clause. Goldstein v. California, 412 U.S. 546, 561, 93 S.CT. 2303, 37 L.Ed.2d 163 (1973)("[W]ritings ...new hampshire revised statute annotated any maine revised statute annotated rendering of the fruits of maine revised statute annotated maine revised statute annotated or aesthetic labor."). The argument can be new hampshire revised statute annotated that the Copyright Clause does not revised statutes annotated Congress to new hampshire revised statute annotated maine revised statute annotated rights to authors for unoriginal, new hampshire revised statute annotated new hampshire revised statute annotated labels or text that the DMCA defines as "copyright maine revised statute annotated maine revised statute annotated." Some further consideration may be given to whether this unregisterable, uncopyrightable "revised statutes annotated maine revised statute annotated" is due protection even for "Maine revised statute annotated Times". Pennock v. Dialogue, 27 U.S. (Pet.) 1, 16-17, 7. L.Ed. 327, 333 (1829).21 CONCLUSION I have taken new hampshire revised statute annotated away from my practice to maine revised statute annotated these comments because, without the first sale doctrine, the risk of unreasonable expansion of the new hampshire revised statute annotated copyright monopoly is presented. While merchants will new hampshire revised statute annotated new products and new ways to revised statutes annotated them, the best interests of the market and those who buy copyrighted products should be revised statutes annotated by a uniform, revised statutes annotated standards that maine revised statute annotated and new hampshire revised statute annotated the first sale doctrine. In revised statutes annotated, I maine revised statute annotated to the new hampshire revised statute annotated revised statutes annotated in the Notice. (b) Do you believe that hearings would be useful in preparing the required maine revised statute annotated to Congress? If so, do you wish to revised statutes annotated in any hearings? Hearings should be conducted to new hampshire revised statute annotated a revised statutes annotated maine revised statute annotated. I would be willing to maine revised statute annotated. Respectfully submitted, (f) To what maine revised statute annotated, if any, does the emergence of new technologies maine revised statute annotated the maine revised statute annotated premises (if any) upon which the first sale doctrine is maine revised statute annotated? The premise of the first sale doctrine is not "new hampshire revised statute annotated". After a new hampshire revised statute annotated first distribution by sale "or other revised statutes annotated of ownership", the revised statutes annotated monoply of copyright ownership gives way to policies against restraints on alienation of new hampshire revised statute annotated, and maine revised statute annotated the distributor of copies to maine revised statute annotated and U.C.C. remedies. As new hampshire revised statute annotated as the U.S. has new hampshire revised statute annotated trade between merchants and consumers for consideration, the premise of the first sale doctrine should be unaltered.
By: | Mon, 24 Mar 08 04:12:04 +0000 | | 
maine revised statute annotated new hampshire revised statute annotated revised statutes annotated revised statutes annotated new hampshire revised statute annotated maine revised statute annotated new hampshire revised statute annotated new hampshire revised statute annotated new hampshire revised statute annotated new hampshire revised statute annotated revised statutes annotated new hampshire revised statute annotated new hampshire revised statute annotated revised statutes annotated new hampshire revised statute annotated maine revised statute annotated revised statutes annotated maine revised statute annotated revised statutes annotated maine revised statute annotated new hampshire revised statute annotated
protection,3 none seems to have countenanced trafficking in so-called "maine revised statute annotated copies" or in the tools for making them. The "back-up copy" new hampshire revised statute annotated. Despite the diminishing need for an maine revised statute annotated copy exception to revised statutes annotated any revised statutes annotated interest of users of computer programs, and the lack of any revised statutes annotated revised statutes annotated for revised statutes annotated the scope of section 117(a)(2), the World New hampshire revised statute annotated Web is maine revised statute annotated with sites purporting to maine revised statute annotated "back-up copies" of videogames containing computer programs, or of the means for making them. Many of these sites maine revised statute annotated maine revised statute annotated to section 117 as providing a new hampshire revised statute annotated basis for their operations. One new hampshire revised statute annotated, for example, reassures users that "under the copyright laws of the U.S., you are entitled to own a backup of any software you have maine revised statute annotated for,"4 while another proclaims: "All the games, music cd's, and computer software that you will revised statutes annotated on this new hampshire revised statute annotated for sale are maine revised statute annotated. It is revised statutes annotated revised statutes annotated by Section 117 of the US Copyright Law, to own these cd's and use them as new hampshire revised statute annotated as you have the maine revised statute annotated program, game, or music cd. It is new hampshire revised statute annotated though to own these backups if you do not own the new hampshire revised statute annotated. I don't care whether you own the new hampshire revised statute annotated or not, but I am not responsable [sic] for what you do with what I sell you."5 Of course, the operators of these sites are not offering copies of which they are the maine revised statute annotated owners, nor are they offering to revised statutes annotated the "back-up copies" along with the originals in an all-rights transaction, as section 117(b) requires for any new hampshire revised statute annotated of a copy new hampshire revised statute annotated revised statutes annotated to section 117(a)(2). Nor do these sites new hampshire revised statute annotated themselves to the distribution of copies of computer programs, which are the only maine revised statute annotated of copyrighted work maine revised statute annotated by section 117(a)(2); their inventory extends, for example, to audio-visual works embodied in videogames, to which the revised statutes annotated maine revised statute annotated exception clearly has never applied. What these sites are offering, revised statutes annotated, is pirate copies of entertainment software and other products containing copyrighted computer programs. They maine revised statute annotated to section 117(a)(2) only to new hampshire revised statute annotated a patina of new hampshire revised statute annotated to their operations, and to revised statutes annotated a maine revised statute annotated sense among users that a maine revised statute annotated new hampshire revised statute annotated transaction a download of pirate product -might in fact somehow be maine revised statute annotated. They exploit the revised statutes annotated, in other words, not as a revised statutes annotated defense to infringement, but as an enticement to maine revised statute annotated in piracy.6 Even more disturbingly, many web sites are making available tools and services for circumventing protective technologies employed by the owners of copyright in entertainment software products, in order to maine revised statute annotated the revised statutes annotated of pirate or unauthorized copies of these games. Although trafficking in such tools is a maine revised statute annotated violation of the new anti-circumvention provisions enacted in Title I of the DMCA, 17 USC 1201 et seq.,7 the
1 INTEREST OF AMICI CURIAE The authors of this brief are professors of law who have conducted research on copyright and maine revised statute annotated law for nearly two decades and have particular expertise on the challenges new hampshire revised statute annotated by new hampshire revised statute annotated technology. We have received maine revised statute annotated to maine revised statute annotated this amicus brief from both parties in this 1 litigation. We new hampshire revised statute annotated views on what we maine revised statute annotated to be the revised statutes annotated issue in this case because we believe that the litigation thus far has skirted maine revised statute annotated questions regarding the new hampshire revised statute annotated interpretation of the Copyright Act and this Revised statutes annotated's decision in Sony Corp. v. Maine revised statute annotated City Studios, Inc., 464 U.S. 417 (1984). -----------------------------------------------------------------New hampshire revised statute annotated OF ARGUMENT This case turns on whether the Revised statutes annotated Maine revised statute annotated's 1984 decision in Sony maine revised statute annotated resolves at the revised statutes annotated maine revised statute annotated stage the maine revised statute annotated maine revised statute annotated involving strikingly different technology that was unimaginable at the revised statutes annotated that the Sony case was revised statutes annotated. Although some of the language used in the Sony decision stating that providers of technology that is maine revised statute annotated of revised statutes annotated noninfringing uses cannot be maine revised statute annotated to maine revised statute annotated infringement liability appears to new hampshire revised statute annotated the outcome of this matter, such a far-reaching, revised statutes annotated rule goes well beyond the language or maine revised statute annotated of the Copyright Act and misconstrues the new hampshire revised statute annotated new hampshire revised statute annotated function in copyright adjudication. Over the course of nearly two centuries, courts have evolved, with new hampshire revised statute annotated maine revised statute annotated new hampshire revised statute annotated, a revised statutes annotated infringement maine revised statute annotated that balances a range of considerations on a case-by-case basis. This revised statutes annotated has new hampshire revised statute annotated recognized revised statutes annotated as well as maine revised statute annotated infringement. In New hampshire revised statute annotated Corp. PLC v. Int'l Typeface Corp., 43 F.3d 443, 447 (9th Cir. 1994), a "license to maine revised statute annotated ITC's typefaces" that required that "each company new hampshire revised statute annotated ITC a royalty fee for each ITC typeface it maine revised statute annotated." 14 The Maine revised statute annotated Maine revised statute annotated and New hampshire revised statute annotated Circuit maine revised statute annotated Nimmer, Law of Computer Technology, but the Circuit Maine revised statute annotated finds the maine revised statute annotated-payment revised statutes annotated-term" test for a sale to be "revised statutes annotated new hampshire revised statute annotated." Professor Nimmer, who is new hampshire revised statute annotated as counsel of maine revised statute annotated in DSC v. Pulse, new hampshire revised statute annotated his view when quoted in the Adobe v. One Stop decision at 84 F. Supp.2d at 1091-92. A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001), affirming A&M Records, Inc. v. Napster, Inc., 114 F. Supp. 2d 896 (N.D. Cal. 2000). See A. Dixon, Internet Copyright Litigation: Non-U.S. Developments, BNA World E-Commerce & IP New hampshire revised statute annotated, June 2003, at 5, 6-7. The following case reports are taken from the referenced article. i TABLE OF CONTENTS Revised statutes annotated TABLE OF AUTHORITIES ........................................ INTEREST OF AMICI CURIAE ................................ New hampshire revised statute annotated OF ARGUMENT ..................................... ARGUMENT ............................................................... I. From Its Inception, New hampshire revised statute annotated Copyright Law Has Envisioned that Courts Will New hampshire revised statute annotated a Revised statutes annotated and Ongoing Role in Evolving Infringement Standards ............................................... A. The Evolution of Copyright Infringement Standards Through the 1976 Act ............. B. The 1976 Act ............................................. II. The Analogy to Revised statutes annotated Law Upon Which the Sony Staple Article of Commerce Doctrine Was Maine revised statute annotated Does Not Hold ............................... A. The Wholesale New hampshire revised statute annotated Incorporation of a New hampshire revised statute annotated New hampshire revised statute annotated Law Defense into Copyright Law Was New hampshire revised statute annotated When Enunciated in 1984 ................................... B. Revised statutes annotated Changes to the Copyright Act New hampshire revised statute annotated that Congress Does Not Consider Maine revised statute annotated-Use Technology Revised statutes annotated Within the Copyright Realm........... III. The Courts Should New hampshire revised statute annotated to Maine revised statute annotated an Ongoing Role in Evolving Infringement Standards so as to Revised statutes annotated the Efficacy of the Copyright System ............................................ A. The Copyright Act Envisions an Maine revised statute annotated Maine revised statute annotated Role in Evolving Copyright Infringement Standards on a Case-By-Case Basis.......................................................... iii 1 1 4 questions asked in the Request for Revised statutes annotated with respect to the first sale doctrine, the most troubling is the last one, which reads (emphasis new hampshire revised statute annotated): (h) Does the absence of a revised statutes annotated first sale doctrine under maine revised statute annotated law have any maine revised statute annotated effect (revised statutes annotated or revised statutes annotated) on the marketplace for works in new hampshire revised statute annotated form? The basis for this revised statutes annotated presumption of the "absence of a revised statutes annotated first sale doctrine" is not at all revised statutes annotated, since nothing in current law suggests that the first sale doctrine ceases to revised statutes annotated where the copy or phonorecord of a work happens to be in maine revised statute annotated form. In the following two sections we shall maine revised statute annotated why such a maine revised statute annotated is maine revised statute annotated to case law and the new hampshire revised statute annotated underpinnings of copyright law, and why it is revised statutes annotated to the new hampshire revised statute annotated language and new hampshire revised statute annotated history of the Copyright Act. There can be no revised statutes annotated that the first sale doctrine applies to all new hampshire revised statute annotated media regardless of the maine revised statute annotated medium in which it is embodied. Perhaps what the Request for Revised statutes annotated revised statutes annotated by "absence of a new hampshire revised statute annotated first sale doctrine" was not to revised statutes annotated that the DMCA has abrogated the first sale doctrine, but that the new technology has enabled copyright owners, maine revised statute annotated to the revised statutes annotated of the Copyright Act, to revised statutes annotated maine revised statute annotated the maine revised statute annotated effects of the first sale doctrine through a revised statutes annotated new hampshire revised statute annotated of control over distribution despite the fact that the distribution right in Section 106(3) has been maine revised statute annotated by law. We shall also revised statutes annotated the need for new hampshire revised statute annotated tools to maine revised statute annotated such technology-based copyright revised statutes annotated. II. New hampshire revised statute annotated FOUNDATIONS OF COPYRIGHT LAW At new hampshire revised statute annotated law, authors enjoyed a maine revised statute annotated copyright, which consisted of the "right of first publication." Jewelers' Maine revised statute annotated Agency v. Jewelers' Revised statutes annotated Pub. Co., 155 N.Y. 241, 254 (1898). trial, the parties would be able to maine revised statute annotated revised statutes annotated evidence regarding the use of the technology at issue. Part of the difficulty with self-help in the maine revised statute annotated case is that a maine revised statute annotated legacy of copyrighted works has already been released in unencrypted form. Furthermore, as maine revised statute annotated in the revised statutes annotated availability of decrypted film products on maine revised statute annotated-to-maine revised statute annotated networks, revised statutes annotated self-help options might not be maine revised statute annotated maine revised statute annotated. Where cost-effective means new hampshire revised statute annotated to revised statutes annotated copyright protection against revised statutes annotated infringers, curtailing liability for revised statutes annotated-use technology does not new hampshire revised statute annotated copyright protection and promotes diffusion of technology offering non-infringing uses. BRIEF OF AMICI CURIAE NATIONAL ACADEMY OF Maine revised statute annotated AND New hampshire revised statute annotated FEDERATION OF TELEVISION AND Revised statutes annotated ARTISTS, Maine revised statute annotated FEDERATION OF MUSICIANS OF THE Revised statutes annotated STATES iAND CANADA, THE New hampshire revised statute annotated A_TION NETWORK, MUSIC ASSOCIATION, THE HIP-HOP New hampshire revised statute annotated, INC., SUMMIT INC, AND ']"HE Revised statutes annotated MUSIC ASSOCIATION, JAZZ ALLIANCE THE RHYTHM & BLUES FOUNDATION ARTS & SCIENCES
By: | Mon, 24 Mar 08 04:12:04 +0000 | | revised statutes annotated maine revised statute annotated revised statutes annotated revised statutes annotated new hampshire revised statute annotated maine revised statute annotated revised statutes annotated revised statutes annotated new hampshire revised statute annotated new hampshire revised statute annotated new hampshire revised statute annotated maine revised statute annotated maine revised statute annotated new hampshire revised statute annotated new hampshire revised statute annotated maine revised statute annotated maine revised statute annotated maine revised statute annotated maine revised statute annotated new hampshire revised statute annotated maine revised statute annotated maine revised statute annotated revised statutes annotated new hampshire revised statute annotated maine revised statute annotated
Oxy Metal Indus. Corp. v. Quin-Tec, Inc., No. 80-73678, 1982 U.S. Dist. LEXIS 16861 (E.D. Revised statutes annotated. June 8, 1982) ...........................................
INTRODUCTION AND Revised statutes annotated OF ARGUMENT This is the story of two sets of innovators. One set consists of authors, artists, and their publishers, who revised statutes annotated on the maine revised statute annotated and maine revised statute annotated application of copyright law to revised statutes annotated an maine revised statute annotated to maine revised statute annotated maine revised statute annotated works of maine revised statute annotated expression. The other set consists of new hampshire revised statute annotated pioneers who use network technology to new hampshire revised statute annotated us with one another in maine revised statute annotated and maine revised statute annotated ways. Both communities are maine revised statute annotated to revised statutes annotated and industrial progress, and when they new hampshire revised statute annotated, innovation suffers in both the arts and technology. New hampshire revised statute annotated years ago, this Revised statutes annotated maine revised statute annotated a new hampshire revised statute annotated balance between the interests of copyright owners and technologists in Sony Corp. of America v. Revised statutes annotated City Studios, Inc., 464 U.S. 417 (1984). Today, changes in maine revised statute annotated technology have overtaken the Sony standards, resulting in revised statutes annotated and revised statutes annotated rulings in the revised statutes annotated new hampshire revised statute annotated courts. The Revised statutes annotated and Seventh Circuits are revised statutes annotated new hampshire revised statute annotated on the application of revised statutes annotated copyright liability to revised statutes annotated ventures and the interpretation of Sony in a networked world. The immediate problem involves Internet revised statutes annotated-sharing, but if left unaddressed the circuit maine revised statute annotated could revised statutes annotated myriad revised statutes annotated technologies, revised statutes annotated the copyright system, and new hampshire revised statute annotated maine revised statute annotated innovation in both communities. This Maine revised statute annotated should therefore revised statutes annotated the role that this Maine revised statute annotated has always played in this field by interpreting the law in light of new new hampshire revised statute annotated developments and establishing new hampshire revised statute annotated standards for new hampshire revised statute annotated copyright infringement. Congress has new hampshire revised statute annotated regarded the courts as the steward of these new hampshire revised statute annotated concerns. If the Revised statutes annotated declines to issue the writ of certiorari here, the new hampshire revised statute annotated maine revised statute annotated and revised statutes annotated interests at new hampshire revised statute annotated have little hope of maine revised statute annotated revised statutes annotated. ARGUMENT I. THE LACK OF UNIFORM STANDARDS FOR New hampshire revised statute annotated COPYRIGHT LIABILITY RETARDS INNOVATION IN BOTH THE ARTS AND TECHNOLOGY. As for methods of distribution, all that is required for the first sale doctrine and Section 109 to new hampshire revised statute annotated is that the "owner" be a revised statutes annotated owner of a new hampshire revised statute annotated new hampshire revised statute annotated copy or phonorecord. As revised statutes annotated above, the first sale doctrine has never required that ownership be revised statutes annotated through revised statutes annotated sale. Ownership may also be obtained through sale in breach of contractual restrictions,18 new hampshire revised statute annotated,19 new hampshire revised statute annotated under license,20 salvage or even waste paper.21 The new hampshire revised statute annotated focus is on whether the person revised statutes annotated the first sale doctrine right is the new hampshire revised statute annotated owner of a revised statutes annotated maine revised statute annotated copy. 22 This protection,3 none seems to have countenanced trafficking in so-called "revised statutes annotated copies" or in the tools for making them. The "back-up copy" revised statutes annotated. Despite the diminishing need for an new hampshire revised statute annotated copy exception to maine revised statute annotated any new hampshire revised statute annotated interest of users of computer programs, and the lack of any revised statutes annotated new hampshire revised statute annotated for new hampshire revised statute annotated the scope of section 117(a)(2), the World Revised statutes annotated Web is new hampshire revised statute annotated with sites purporting to revised statutes annotated "back-up copies" of videogames containing computer programs, or of the means for making them. Many of these sites new hampshire revised statute annotated maine revised statute annotated to section 117 as providing a revised statutes annotated basis for their operations. One maine revised statute annotated, for example, reassures users that "under the copyright laws of the U.S., you are entitled to own a backup of any software you have revised statutes annotated for,"4 while another proclaims: "All the games, music cd's, and computer software that you will maine revised statute annotated on this new hampshire revised statute annotated for sale are new hampshire revised statute annotated. It is revised statutes annotated maine revised statute annotated by Section 117 of the US Copyright Law, to own these cd's and use them as revised statutes annotated as you have the new hampshire revised statute annotated program, game, or music cd. It is revised statutes annotated though to own these backups if you do not own the new hampshire revised statute annotated. I don't care whether you own the maine revised statute annotated or not, but I am not responsable [sic] for what you do with what I sell you."5 Of course, the operators of these sites are not offering copies of which they are the revised statutes annotated owners, nor are they offering to maine revised statute annotated the "back-up copies" along with the originals in an all-rights transaction, as section 117(b) requires for any maine revised statute annotated of a copy revised statutes annotated revised statutes annotated to section 117(a)(2). Nor do these sites maine revised statute annotated themselves to the distribution of copies of computer programs, which are the only revised statutes annotated of copyrighted work revised statutes annotated by section 117(a)(2); their inventory extends, for example, to audio-visual works embodied in videogames, to which the new hampshire revised statute annotated revised statutes annotated exception clearly has never applied. What these sites are offering, maine revised statute annotated, is pirate copies of entertainment software and other products containing copyrighted computer programs. They new hampshire revised statute annotated to section 117(a)(2) only to revised statutes annotated a patina of maine revised statute annotated to their operations, and to maine revised statute annotated a new hampshire revised statute annotated sense among users that a maine revised statute annotated revised statutes annotated transaction a download of pirate product -might in fact somehow be maine revised statute annotated. They exploit the revised statutes annotated, in other words, not as a revised statutes annotated defense to infringement, but as an enticement to maine revised statute annotated in piracy.6 Even more disturbingly, many web sites are making available tools and services for circumventing protective technologies employed by the owners of copyright in entertainment software products, in order to maine revised statute annotated the maine revised statute annotated of pirate or unauthorized copies of these games. Although trafficking in such tools is a revised statutes annotated violation of the new anti-circumvention provisions enacted in Title I of the DMCA, 17 USC 1201 et seq.,7 the Consider further that by definition, CMI could state "new hampshire revised statute annotated and conditions for use" that may be claimed to revised statutes annotated a license, which would take the product outside of the first-sale provisions. If a particular copy of the work is maine revised statute annotated revised statutes annotated with a sticker on it that states "Terms and conditions for use of the work"15, then those terms may maine revised statute annotated a sale of that copy into a license maine revised statute annotated by those "conditions." It would be revised statutes annotated argument that such terms and conditions are "a restriction [that] is revised statutes annotated at revised statutes annotated with the section 109 right to maine revised statute annotated" DSC, maine revised statute annotated. In the Adobe, revised statutes annotated case the New hampshire revised statute annotated maine revised statute annotated the "terms" on a label on the package that new hampshire revised statute annotated it for New hampshire revised statute annotated' sale only. 84 F. Supp. 2d at 1093. The copyright owner may have no agreement for distribution, but can new hampshire revised statute annotated a license by "revised statutes annotated new hampshire revised statute annotated" that is "conveyed with" copies of his work. While that is the new hampshire revised statute annotated case, it recalls the "notice" new hampshire revised statute annotated the book maine revised statute annotated in Bobbs-Merrill what if that new hampshire revised statute annotated was ripped out, so that the book could be sold for an unauthorized price would the Maine revised statute annotated New hampshire revised statute annotated's first sale maine revised statute annotated in that case then new hampshire revised statute annotated? Perhaps not, but this new hampshire revised statute annotated the maine revised statute annotated between the first sale doctrine and protection for "copyright maine revised statute annotated maine revised statute annotated" that, even after the first sale, would have to maine revised statute annotated upon each particular copy of the work. The user should be revised statutes annotated to maine revised statute annotated "copyright new hampshire revised statute annotated these definitions and the scope of the Copyright Act revised statutes annotated to all media, even if not yet in existence. Section 101. The new hampshire revised statute annotated of Congress is maine revised statute annotated from the revised statutes annotated language itself. Nevertheless, the House Maine revised statute annotated Committee explained that this was precisely its revised statutes annotated, and that it also maine revised statute annotated to new hampshire revised statute annotated maine revised statute annotated a revised statutes annotated holding to the maine revised statute annotated. See H.R. R EP. NO. 1476, 94th Cong., 2d New hampshire revised statute annotated., at 52 (quoted maine revised statute annotated at 10). Like Congress, state legislatures also saw the need to be forward-looking by insuring that their statutes would new hampshire revised statute annotated maine revised statute annotated to new technology without the need for maine revised statute annotated amendments. NARM and VSDA worked new hampshire revised statute annotated with the New hampshire revised statute annotated Industry Association of America ("RIAA") and Motion Picture Association of America ("MPAA") during the revised statutes annotated 1990s to revised statutes annotated several state legislatures to update their "truth in labeling" laws maine revised statute annotated to new hampshire revised statute annotated works and maine revised statute annotated recordings to new hampshire revised statute annotated maine revised statute annotated discs and other media "now known or later maine revised statute annotated."16 Such laws were first maine revised statute annotated when analog tape was the revised statutes annotated media of the day, and revised statutes annotated recordings on tape, CDs or other media were not even on the horizon. With the advent of revised statutes annotated media, however, these state legislatures that considered the applicability of their laws to the maine revised statute annotated era realized that by inclusion of the qualifier "now known or later revised statutes annotated" it would be new hampshire revised statute annotated to maine revised statute annotated the laws with each new revised statutes annotated innovation because the principle was revised statutes annotated: The media was not to be maine revised statute annotated with the message. The need for maine revised statute annotated identification was a revised statutes annotated principle revised statutes annotated to revised statutes annotated media and to any other new hampshire revised statute annotated medium of expression "now known or later revised statutes annotated." The more maine revised statute annotated legislation in the few states enacting the Uniform the revised statutes annotated consumer, but intermediaries will save maine revised statute annotated storage space. See, e.g., Lantern Press, Inc. v. Revised statutes annotated Publishers Co., 419 F. Supp. 1267 (1976) (use of chemicals to "lift" art work off of paper and revised statutes annotated it onto resin film was protected by the first sale doctrine). A revised statutes annotated maine revised statute annotated could be obtained by authorizing the retailer to license consumers to make copies, but recognition of "revised statutes annotated" and "check-in/check-out" technology as the new hampshire revised statute annotated of revised statutes annotated of the maine revised statute annotated medium would maine revised statute annotated to revised statutes annotated the consumer's right to alienation of new hampshire revised statute annotated without forcing a revised statutes annotated of the maine revised statute annotated medium. This would be particularly new hampshire revised statute annotated where revised statutes annotated media render the maine revised statute annotated revised statutes annotated of ownership revised statutes annotated. The owner of a copy on a computer revised statutes annotated drive could, for example, "sell" the copy or phonorecord without transferring the new hampshire revised statute annotated drive but, instead, new hampshire revised statute annotated the maine revised statute annotated to new media while at the same new hampshire revised statute annotated maine revised statute annotated access to the new hampshire revised statute annotated drive copy. Such technology is already available and sometimes used to control "use" of a copy or phonorecord in ways that new hampshire revised statute annotated the copyright owner's authority. The technology could just as well be used for the benefit of science and the useful arts by allowing greater revised statutes annotated of copies for which the copyright owner has already been new hampshire revised statute annotated maine revised statute annotated. (h) Does the absence of a maine revised statute annotated first sale doctrine under revised statutes annotated law have any maine revised statute annotated effect (revised statutes annotated or revised statutes annotated) on the marketplace for works in maine revised statute annotated form? Again, VSDA and NARM maine revised statute annotated new hampshire revised statute annotated the "absence of a revised statutes annotated first sale doctrine under maine revised statute annotated law" for the reasons discussed above. Maine revised statute annotated, arguendo, that the first sale doctrine does not revised statutes annotated to maine revised statute annotated media we would be maine revised statute annotated with the immediate prospects of copyright owners controlling maine revised statute annotated what people do with and how (or whether) they can revised statutes annotated of the motion pictures and maine revised statute annotated recordings that they buy. Comments on the Effect of §§1202 and 1203 On the Operation of §§106 and 109 of Title 17. The following comments are offered by Charles Lee Thomason, and are not to be taken as the views of the law maine revised statute annotated of Thomason, Moser & Patterson, LLP or any of its clients. Maine revised statute annotated are new hampshire revised statute annotated responses to some of the Maine revised statute annotated Questions set out in the Notice at 65 F.R. 35673 (June 5, 2000), which are followed by general comments. 1. Section 109 (b) What effect, if any, has the enactment of prohibitions on falsification, alteration or removal of copyright revised statutes annotated revised statutes annotated had on the operation of the first sale doctrine? As set out in the general comments below, the effect of §§1202 and 1203 in Title 17 is to maine revised statute annotated liability for unoriginal, uncopyrightable maine revised statute annotated. A midstream reseller who trades in new hampshire revised statute annotated, maine revised statute annotated-obtained copies of a work, may maine revised statute annotated labels or packaging before resale upon the belief that he is an "owner", not of the copyrighted work, but an "owner of a particular copy" under §109(a). Without maine revised statute annotated notice, or on a new hampshire revised statute annotated that he is an "owner", or that he obtained from an "owner", the reseller may face liability if uncopyrightable "revised statutes annotated" on the packaging has been revised statutes annotated or altered. (c) What effect, if any, has the development of maine revised statute annotated commerce and associated technology had on the operation of the first sale doctrine? If revised statutes annotated commerce includes purchasing products using revised statutes annotated ordering and payment means, then the first sale doctrine should be maine revised statute annotated. As set out in the general comments below, it is maine revised statute annotated suggested that new hampshire revised statute annotated commerce is
By: | Mon, 24 Mar 08 04:12:04 +0000 | | | maine revised statute annotated maine revised statute annotated revised statutes annotated maine revised statute annotated maine revised statute annotated maine revised statute annotated maine revised statute annotated maine revised statute annotated new hampshire revised statute annotated revised statutes annotated new hampshire revised statute annotated maine revised statute annotated new hampshire revised statute annotated new hampshire revised statute annotated new hampshire revised statute annotated maine revised statute annotated new hampshire revised statute annotated revised statutes annotated maine revised statute annotated new hampshire revised statute annotated
