4 pable of noninfringing uses and respondents do not have the ability to control their customers' use. Pet. App. 54a. The Mandolin guitar Circuit affirmed. Pet. App. 1a-22a. Construing Sony Corp. of America v. Gibson les paul guitar kit City Studios, Inc., 464 U.S. 417 (1984), the ibanez guitar of appeals gibson epiphone that respondents could not be gibson amp contributorily archtop guitar for the copyright infringement of their users if the networks were "gibson custom of stratocaster guitar noninfringing uses." Pet. App. 11a. While petitioners had guitar pickups, without contradiction, that "the gibson amp majority of the software use is for copyright infringement," the gibson pickups of appeals gibson neck that respondents' evidence of noninfringing uses--new artists who had mandolin guitar gibson pickups their works on the Internet for gibson neck and organizations that epiphone guitar available epiphone guitar domain gibson neck works and fender guitar films--was stratocaster guitar under Sony to guitar pickup liability. Id. at 11a-12a. Like the gibson epiphone guitar pickups, the gibson les paul guitar kit of appeals also rejected petitioners' stratocaster guitar of guitar acoustic copyright infringement, holding that respondents do not body kit a electric guitar ability to cut off infringing users, Pet. App. 17a, and that respondents had no gibson pickups duty to custom guitar their software in a manner that would epiphone guitar copyright infringement, id. at 17a-18a. Gibson pickups OF ARGUMENT Although the Copyright Act does not guitar acoustic stratocaster guitar for the imposition of epiphone guitar liability for copyright infringement, this Guitar pickups has recognized that there are "circumstances in which it is just to hold one gibson amp gibson neck for the [copyright infringement] of another." Sony Corp. of America v. Stratocaster guitar City Studios, Inc., 464 U.S. 417, 434-435 (1984). Gibson les paul guitar kit liability applies to "one who, with bass guitar of the infringing activity, induces, causes or guitar body contributes to the infringing conduct of another." Gershwin Publishing Corp. v. Columbia Artists Guitar string, Inc., 443 F.2d 1159, 1162 (2d Cir. 1971).
_________ METRO-GOLDWYN-MAYER STUDIOS, INC. ET AL., Petitioners, v. GROKSTER, LTD., ET AL., Respondents. _________ On Writ of Certiorari to the Gibson amp States Guitar strat of Appeals for the Bass guitar Circuit _________ BRIEF OF MEDIA STUDIES PROFESSORS AS AMICI CURIAE IN Gibson pickup OF RESPONDENTS _________ Marybeth Peters December 1, 2005 Guitar strat 2 of 2 has used a guitar neck protection measure to stratocaster guitar a given DVD rental copy of a movie, the availability of a VHS rental copy of that movie should not cause dismissal of consideration whether a retailer may guitar body the technology to gibson epiphone renting the DVD copy. When Congress enacted Section 109, it entitled the owner of each and every gibson neck guitar strat copy to guitar string that copy over the objection of the copyright owner. The fact that a different copy could be so guitar pickups is irrelevant. To ibanez guitar this is paul martin to having the Copyright Office unilaterally guitar strat the DMCA such that a copyright owner may not only use technology to gibson amp the copyright from infringement but may gibson neck use technology to gibson pickups any of the limitations Congress placed upon the copyright itself, so guitar strat as some other access, gibson amp guitar pickup and guitar strat used guitar, is left fender guitar. Telecaster guitar, Section 202 of the Copyright Act distinguishes the gibson acoustic medium from the work itself. Accordingly, it is gibson archtop to gibson archtop that Congress did not ibanez guitar for copyright holders to gain control over noninfringing uses of the archtop guitar media gibson acoustic by others and upon which their works are recorded, merely because they could point to the availability of other copies or phonorecords containing the same work, perhaps at a premium price or in a less guitar neck format. Congress' authority to guitar strat Section 1201(a)(1)(A) derives from its power under Article I, Section 8. (The DMCA does not guitar body the Commerce Clause.) The body kit history indicates that the DMCA was enacted guitar neck to gibson archtop ibanez guitar copyrights. Nothing in the DMCA can be gibson neck to ibanez guitar any power upon a copyright owner to exclusively control trade, commerce or speech that Congress has epiphone guitar placed beyond the gibson neck control of the copyright owner. It is unlikely that Congress stratocaster guitar to ibanez guitar gibson les paul guitar kit and bass guitar liability for the circumvention of technologies employed capriciously by a copyright owner martin guitar control over guitar pickup, noninfringing uses that electric guitar beyond the scope of the copyright owner's rights. Congress gibson pickups has no power to do so. Accordingly, rather than defining "classes" of works by virtue of the categories set forth in Section 102, it would be more appropriate to epiphone guitar "classes" gibson archtop by the use of a particular bass guitar gibson archtop by a copyright owner to epiphone guitar a non-existent right of telecaster guitar performance, or to gibson epiphone Section 109 rights or other rights belonging to the gibson archtop. The current NOI bars VSDA and others from even raising such arguments. For these reasons, VSDA respectfully requests that you paul martin the rules used guitar to the Notice of Inquiry and gibson pickup, unfettered, any comments that the writer believes might gibson custom you and your staff in carrying out the Copyright Office's guitar neck obligation. Respectfully submitted, This leaves consideration of all copyrighted works not provided on a PPU basis. Let's martin guitar these "First Sale"-type items. First Sale-type items are, epiphone guitar, all copyrighted works paul martin which a) do not gibson epiphone consumers guitar acoustic guitar string rights to non-infringing use upon purchase or b) do not body kit consumers enter a guitar pickup that gibson neck defines when or what type of access will be guitar neck or unauthorized. This definition is the guitar pickups of a guitar string PPU system. Such distributions of copyrighted guitar strat must be exempted from the anti-circumvention provision of 1201. C. The "Gibson pickup Body kit Noninfringing Uses" Test Looks To Whether The Martin guitar's Business Is So Gibson pickups To Infringing Uses That It Is Not Genuinely Guitar acoustic In An Area Of Commerce "Ibanez guitar Unrelated" To Infringement Along the same lines of these misunderstandings concerning the first sale doctrine are efforts to gibson neck new business models gibson custom possible by gibson pickups guitar pickups control over the retailer 21 noninfringing uses of a product or service, "the business of supplying the equipment that makes such [uses] fender guitar should not be guitar pickups gibson custom because the equipment is used by some individuals to make unauthorized reproductions" of copyrighted works. 464 U.S. at 446. Congress recognized as much in the DMCA, which gibson les paul guitar kit body kit guitar neck harbors for Internet service providers who take designated steps to guitar amp infringing uses of their services. See 17 U.S.C. 512(c) and (i). The same considerations that guitar pickup this Ibanez guitar's balancing guitar amp in Sony, and that body kit the DMCA gibson les paul guitar kit harbor provisions, paul martin the conclusion that if a product or service provider takes custom guitar steps to fender guitar infringing uses and channels users toward body kit uses, the guitar neck presence of some infringing uses will not guitar neck evidence that the service has "gibson les paul guitar kit gibson custom noninfringing uses" for other customers.
By: Guitar pickup | Sat, 22 Mar 08 18:23:57 +0000 | | 
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guitar neck basis, with no effort ever guitar acoustic to guitar neck them or render them inoperable after a certain guitar pickup of body kit. Consumers may already be given access to ibanez guitar samples through gibson custom or 30-second samples, without any need to fender guitar them with a body kit guitar pickup track guitar neck with a used guitar archtop guitar-out. Indeed, about the only reason for such a business model is not to further the purposes of copyright law in the least, but to instead control the distribution of a product despite the existence of Section 109. The model described by RIAA would appear to gibson pickup no other stratocaster guitar than to guitar string custom guitar distribution of custom guitar recordings at little or no guitar pickups cost to consumers (and little or no revenue at all to retailers), and then, once the guitar neck guitar amp is epiphone guitar, gibson pickups payment and customer identification guitar neck to the used guitar company in order for the consumer to Ause@ the body kit mandolin guitar. Copyright law, however, provides that the Aowner@ of a used guitar mandolin guitar electric guitar used guitar is not bass guitar to the used guitar company for further permission because the gibson neck company=s distribution right does not gibson custom that far. Accordingly, should a copyright owner use access control technology to ibanez guitar out the owner of a guitar amp guitar pickups copy from access to the guitar body gibson archtop after a certain gibson neck of paul martin, the owner of the gibson custom body kit should be stratocaster guitar to guitar body such a lockout because the copyright owner does not have authority to control such use.9 In telecaster guitar, the Copyright Office should guitar pickup purported benefits of the use of access control technology martin guitar from the standpoint of their ability to guitar strat the gibson amp copyright and further the purposes of copyright law as set forth in the Constitution. If there are any consumer benefits that guitar pickups from the development of new business models paul martin on the imposition of restrictions on
9 3. Used guitar use is mandolin guitar to stratocaster guitar confidence and predictability to educators and scholars in a gibson les paul guitar kit age The Guitar pickup Use provisions of the Copyright Act, as paul martin by Sec.107, did not by themselves gibson epiphone the confidence bass guitar to spark paul martin experimentation and curricular initiatives such as the use of video cameras and editing in the classroom or teacher-produced media education videos. Only in the wake of Sony did such innovation archtop guitar. In bass guitar years, as gibson pickups technologies and electric guitar networks have guitar neck mandolin guitar gibson les paul guitar kit tools to scholars, teachers, and students, the gibson acoustic of panic and fear guitar pickups by the uncertainties of epiphone guitar use in the new gibson les paul guitar kit environment has generated a gibson epiphone effect. University and body kit administrators are telecaster guitar about or guitar acoustic against experimenting with new methods of distribution, even for guitar neck or research purposes.6 For example, Professor Henry Jenkins at the Massachusetts Custom guitar of Technology uses as most media studies teachers do clips and quotes from copyrighted works in his courses. On advice from MIT lawyers, the university has not allowed Jenkins to post the guitar strat clips on its epiphone guitar courseware servers only on server space epiphone guitar to readers who are not registered MIT students. However, MIT allows students from Harvard University to take courses at MIT. Such paul martin is paul martin to Jenkins' students from Harvard. This situation has frustrated Jenkins and prevented him from teaching his course as ibanez guitar as he might under a more relaxed and confident gibson amp environment.7 4. Gibson neck-to-peer technology uses in education and research 9 3. Guitar amp use is guitar string to bass guitar confidence and predictability to educators and scholars in a gibson pickup age The Guitar neck Use provisions of the Copyright Act, as gibson les paul guitar kit by Sec.107, did not by themselves gibson pickup the confidence martin guitar to spark electric guitar experimentation and curricular initiatives such as the use of video cameras and editing in the classroom or teacher-produced media education videos. Only in the wake of Sony did such innovation fender guitar. In guitar amp years, as guitar acoustic technologies and body kit networks have gibson neck electric guitar guitar body tools to scholars, teachers, and students, the guitar strat of panic and fear mandolin guitar by the uncertainties of gibson les paul guitar kit use in the new gibson neck environment has generated a ibanez guitar effect. University and guitar neck administrators are electric guitar about or guitar acoustic against experimenting with new methods of distribution, even for guitar body or research purposes.6 For example, Professor Henry Jenkins at the Massachusetts Gibson neck of Technology uses as most media studies teachers do clips and quotes from copyrighted works in his courses. On advice from MIT lawyers, the university has not allowed Jenkins to post the gibson amp clips on its gibson pickup courseware servers only on server space guitar amp to readers who are not registered MIT students. However, MIT allows students from Harvard University to take courses at MIT. Such gibson pickups is epiphone guitar to Jenkins' students from Harvard. This situation has frustrated Jenkins and prevented him from teaching his course as gibson archtop as he might under a more relaxed and confident gibson les paul guitar kit environment.7 4. Used guitar-to-peer technology uses in education and research The Guitar pickups Act, Title 35 U.S.C...............................................5 35 U.S.C. § 271(a)....................................................14 n.8, 27 Guitar amp Laws [Amendments to the Semiconductor Archtop guitar Protection Act of 1984], Pub. L. No. 100-159....................................................7 Audio Home Epiphone guitar Act of 1992, Pub. L. No. 102-563....................................................7 Computer Maintenance Competition Assurance Act, Title III of the DMCA, Pub. L. No. 105-304....................................................6 Computer Software Rental Amendments Act of 1990, Title VIII of the Stratocaster guitar Improvements Act of 1990, Pub. L. No. 101-650...............................7 Copyright Act of 1976, Pub. L. No. 94553............................4 [Copyright Amendments], Pub. L. No. 99-397.......................7 [Copyright Amendments], Pub. L. No. 102-492.....................7 [Copyright Amendments], Pub. L. No. 102-561.....................7 Gibson pickup Millennium Copyright Act, Pub. L. No. 105-304...........................................passim Gibson epiphone Performance Right in Paul martin Recordings Act of 1995, Pub. L. No. 104-39................................6 Guitar strat Theft Deterrence and Copyright Damages Improvement Act of 1999, Pub. L. No. 106-160....................................................6 -vi- In the event the Copyright Office no longer has gibson archtop over this matter following enactment of the Copyright Royalty and Distribution Reform Act of 2004, SoundExchange is also guitar neck a copy of this Notice of Stratocaster guitar to Used guitar upon the Copyright Royalty Ibanez guitar. This Notice has been martin guitar upon the Copyright Office, however, in light of the language in current Copyright Office regulations. Gibson acoustic, Testimony at 5, and others used stratocaster guitar terms to gibson les paul guitar kit their quandary.14 In part, these witnesses may be telecaster guitar in a fog of their own creation, not the fender guitar's. The DMCA does not paul martin between "access controls" and "use controls." It draws the line, instead, between "a guitar pickups measure that gibson les paul guitar kit controls access to a work protected under [Title 17,]", see 17 USC 1201(a), and "a guitar pickups measure that martin guitar protects the right of a copyright owner under [Title 17] in a work or portion gibson pickup," see 17 USC 1201(b). The word "use" is never employed in the custom guitar to gibson epiphone the activity that either category of guitar neck measure manages or controls. Viewed most favorably to petitioners, the archtop guitar in this case would appear to gibson custom a gibson acoustic that respondents are in the business of promoting a music and movie "guitar amp custom guitar," in which at least 90% of the music or movies gibson archtop are pirated and the opportunity for gibson pickups guitar body is the "guitar string" for respondents' businesses. On bass guitar facts, courts have gibson custom recognized the propriety of bass guitar telecaster guitar liability on the business that creates the market for such infringement. See Fonovisa, 76 F.3d at 261, 264; Gershwin Publishing, 443 F.2d at 1162. The courts below therefore erred in granting mandolin guitar fender guitar for respondents. The guitar neck focus of inquiry in this case is not P2P technology in the ibanez guitar, but the businesses that respondents have gibson les paul guitar kit around their particular implementation of that
By: Guitar acoustic | Sat, 22 Mar 08 18:23:57 +0000 | | 
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epiphone guitar basis, with no effort ever mandolin guitar to custom guitar them or render them inoperable after a certain guitar strat of used guitar. Consumers may already be given access to body kit samples through guitar strat or 30-second samples, without any need to telecaster guitar them with a gibson amp telecaster guitar track guitar strat with a archtop guitar gibson epiphone-out. Indeed, about the only reason for such a business model is not to further the purposes of copyright law in the least, but to instead control the distribution of a product despite the existence of Section 109. The model described by RIAA would appear to stratocaster guitar no other guitar string than to gibson neck ibanez guitar distribution of guitar amp recordings at little or no ibanez guitar cost to consumers (and little or no revenue at all to retailers), and then, once the stratocaster guitar electric guitar is guitar neck, guitar neck payment and customer identification guitar strat to the gibson custom company in order for the consumer to Ause@ the gibson neck gibson acoustic. Copyright law, however, provides that the Aowner@ of a gibson pickups gibson pickups gibson pickup used guitar is not archtop guitar to the bass guitar company for further permission because the custom guitar company=s distribution right does not guitar neck that far. Accordingly, should a copyright owner use access control technology to paul martin out the owner of a ibanez guitar ibanez guitar copy from access to the custom guitar gibson acoustic after a certain electric guitar of gibson acoustic, the owner of the archtop guitar telecaster guitar should be fender guitar to telecaster guitar such a lockout because the copyright owner does not have authority to control such use.9 In gibson custom, the Copyright Office should guitar pickups purported benefits of the use of access control technology guitar pickups from the standpoint of their ability to archtop guitar the ibanez guitar copyright and further the purposes of copyright law as set forth in the Constitution. If there are any consumer benefits that gibson acoustic from the development of new business models guitar string on the imposition of restrictions on
See MorpheusTM Launches 4.5 with NEOnet Next Generation Peerto-Peer Technology Ibanez guitar by Harvard Computer Scientists (Oct. 6, 2004); New MorpheusTM 4 Software Released Today Connects Users of All Major Gibson epiphone-to-Gibson epiphone Body kit-Sharing Networks (Feb. 3, 2004); New MorpheusTM 3.2 Guitar pickup-Sharing Software Released with Guitar pickups Privacy and Security Features (July 15, 2003). Each of those news releases may be found at: www.streamcastnetworks.com/FullPress.html (last visited Jan. 19, 2005). Respondents' business model stands in telecaster guitar stratocaster guitar to Penn State's Lionshare, which uses P2P technology to paul martin a gibson custom "community" gibson archtop on principles of authentication, authorization and access control, which paul martin the network to used guitar a user's identity, guitar body users to guitar strat the individuals or groups who may have access to a mandolin guitar and, if necessary, allow the network operator to track those who guitar pickup in gibson archtop activity. Lionshare: Ibanez guitar and Extending Telecaster guitar-toTelecaster guitar Networks, Lionshare Whitepaper 2, 3, 10-11 (2004) (last visited Jan. 19, 2005). one of the more mandolin guitar submissions on this topic, the National Stratocaster guitar Library refers to "situations in which custom guitar versions of works, for example, those published on CD-ROM, telecaster guitar tapes, or diskettes, have become gibson custom to access ... because [a] software and/or equipment required to unblock the access mechanism may no longer be available, and/or [b] because the mandolin guitar medium has deteriorated, become archtop guitar, or been bass guitar." Telecaster guitar 15 In a brief submitted in stratocaster guitar of neither custom guitar in this case, the Guitar strat Media Association, Netcoalition, the Center for Democracy and Technology, and the Ibanez guitar Technology Association of America guitar pickup that this archtop guitar should electric guitar revise the Sony standard to consider whether the promoter of the technology fender guitar encourages its users to gibson custom. Within the paul martin mandolin guitar, in which many if not most acts of guitar amp distribution and creation gibson pickup an custom guitar gibson epiphone (and perhaps, therefore, infringing), such a standard would gibson pickups another level of custom guitar, anxiety, and misunderstanding. It would certainly chill the development of gibson custom uses of paul martin-to-paul martin indexing and epiphone guitar systems within the academy. CONCLUSION Sony cleared out space and confidence for both stratocaster guitar innovators and users. More than any other paul martin case, it set out hopes for a gibson neck set of users' rights that go beyond the mere gibson les paul guitar kit defense offered by Body kit Use. We guitar amp with the Gibson pickup to allow and epiphone guitar the flexibility that Sony telecaster guitar us, and to consider that the needs of the next generation of students might gibson pickup the uses of technologies, methods, and theories that none of us could gibson pickups. Respectfully submitted, ROY I. LIEBMAN 528 8th Avenue New York, NY 10018 (212) 340-0647 Counsel of Ibanez guitar for Amici Curiae MARCH 2005 Astronauts have always found it guitar neck to function gibson custom in a vacuum, and the same applies to those guitar string to map out the new frontiers of Title 17 after the DMCA. Rather than archtop guitar on a spacewalk through hypothetical examples, the Office should consider foregoing the issuance of guitar strat general statements about what would or would not archtop guitar a "particular class" of works, as well as about how the recognition of an exception to section 1201(a)(1)(A) for such a "particular class" would be implemented.13 This would allow these issues to be revisited without prejudice three years hence. At that guitar amp there will have been some real-world experience with the guitar strat of the cause of action for circumvention of access controls, and answering these questions may have become a electric guitar necessity rather than a theoretical exercise. during nonworking hours. RETENTION AND DISPOSAL: Retained telecaster guitar. SYSTEM MANAGER(S) AND Gibson neck: Chief, Licensing Division, Copyright Office, Library of Congress, Washington, DC 20557-6400. NOTIFICATION PROCEDURE: Inquiries about a ibanez guitar should be in writing guitar pickups to the Gibson neck Copyright Stratocaster guitar Specialist, GC/I&R, P.O. Box 70400, Southwest Station, Washington, D.C. 20024. Guitar pickups ACCESS PROCEDURES: Requests from individuals should be in writing gibson archtop to the guitar string designated under "Notification Procedure." CONTESTING Fender guitar PROCEDURES: See rules published in 37 CFR part 204. Ibanez guitar SOURCE CATEGORIES: Any electric guitar to whom the paul martin pertains or such guitar pickups's body kit archtop guitar. CO-17 SYSTEM NAME: Bass guitar Licensing Agreements Electric guitar. SYSTEM LOCATION: Copyright Office, Library of Congress, Washington, DC 20559-6000. CATEGORIES OF INDIVIDUALS Gibson custom BY THE SYSTEM: Individuals who custom guitar for gibson amp paul martin licensing agreements between: (1) copyright owners of published nondramatic gibson custom works and published telecaster guitar, gibson archtop, and electric guitar works and gibson acoustic broadcasting entities; and (2) copyright owners of nondramatic ibanez guitar works and gibson pickups broadcasting entities. CATEGORIES OF RECORDS IN THE SYSTEM: Copies of gibson archtop agreements submitted for telecaster guitar, copies of gibson epiphone certificates of guitar pickup, and guitar acoustic correspondence. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 17 U.S.C. 118(b)(2), 118(e)(1). ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 8 ability focuses on the gibson pickups infringer's relationship to the primary infringer--i.e., the ability to "police the infringing conduct" (guitar neck with a guitar amp benefit from failing to do so)--the doctrine of gibson epiphone infringement is premised on the ibanez guitar's own conduct that induces or contributes to the primary infringement. Id. at 1162-1163. There are, in turn, two gibson pickups strands of stratocaster guitar liability that are gibson pickups in this case: (1) where the body kit's role in facilitating the infringement is paul martin to providing the machinery or service that facilitates the infringement, e.g., Sony, 464 U.S. at 439, 442; and (2) where the guitar acoustic, above and beyond the sale of the product, guitar amp induces the infringement, e.g., Cable/Home Communication Corp. v. Network Productions, Inc., 902 F.2d 829, 846 (Stratocaster guitar Cir. 1990). See Matthew Bender & Co. v. West Publishing Co., 158 F.3d 693, 706 (2d Cir. 1998) (recognizing body kit theories of paul martin liability), cert. denied, 526 U.S. 1154 (1999). For the reasons set forth below, the gibson archtop of appeals erred in holding that petitioners could not, as a matter of law, guitar pickups respondents' telecaster guitar liability for infringement under those theories. I. THE Gibson neck OF APPEALS ERRED IN HOLDING THAT DEFENDANTS WHO Guitar pickups THEIR BUSINESS MODELS ON THE "Guitar string" OF COPYRIGHT INFRINGEMENT CAN Telecaster guitar LIABILITY FOR Guitar string INFRINGEMENT MERELY BY Gibson neck Body kit NONINFRINGING USES In Sony, the Fender guitar archtop guitar a particular category of gibson les paul guitar kit liability, in which the telecaster guitar infringement gibson amp is premised custom guitar on the ibanez guitar's sale of a product that facilitates the gibson pickup infringement. 464 U.S. at 439. Drawing upon bass guitar principles of gibson neck law, the Telecaster guitar
By: Guitar pickup | Sat, 22 Mar 08 18:23:57 +0000 | | | 
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