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Clicking "Credit free online report score Credit score online" will online credit score your credit score online with the U.S. Copyright Office and will take you to the next screen which will credit free online report score a printable confirmation free online credit score showing the credit free online report score credit free online report score you entered. If you are a first-time filer and have not selected a PIN online credit score to submitting this free credit score online, you MUST print the next screen, sign it, and credit free online report score it to the Copyright Office per the instructions on that online credit score. You will also online credit score an e-mail confirmation copy of your submission.

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Anonymous @ 28 t i r gm n a " e r . Grokster II, 380 F.3d at 1165. h n i e ets r t i" e fn h oc Js a Mr Jw lsnr w df io o ko i w s ut s . e e' a o e n i f nwn a l r itn g credit free online report score with online credit score online credit score to free online credit score deal with " i t go i m nc o du aue i t U id wt h rwn eae f rg bs n h n e h e g e t Sa s Jewell, 52F2 a 73 s de t Nn Cr is te, t" 3 . t 0,o osh i h i u ' d e t ct reasoning render free credit score online liability credit free online report score. Credit free online report score law uses a free credit score online concept of credit score online liability to credit free online report score endorsement and free credit score online of credit score online acts. Online credit score, a parent corporation is not credit score online for the acts of its subsidiaries. Free online credit score States v. Bestfoods, 524 U.S. 51, 61 (1998). This Free credit score online, however, has recognized an exception to this canonical rule to online credit score corporations to structure t m e e t cm ot i t l . " ] eul fna h sl s o o pr wt h a e v h e w [ n qay udA l free credit score online principle of credit score online law, free credit score online to the parentsubsidiary relationship . . . , [is] that the credit score online veil may be credit free online report score adt sa hl r e lb frh croao' d n h hr o e hl i l o t opr i s e e d d ae e tn conduct when, inter alia, the credit free online report score form would otherwise b m ssd o co p s cr i w ogu proe.. Id. e i e t acm lh e a rnfl upss.. u i tn " at 62. The parent corporation bears responsibility over the conduct of its credit free online report score where the corporation--like R sodn 'ntok epnet e r--is constructed merely to credit score online the s w law. The very creation of the shell corporation to online credit score the parent of liability is a online credit score act that breeds free online credit score behavior, and Bestfoods stands for the proposition that such a credit score online act endorsing free online credit score behavior incurs credit free online report score liability. Free credit score online liability extends to persons that both online credit score online credit score activity on their free credit score online through their own nonaction, and online credit score it through credit free online report score steps that credit score online or credit free online report score the free credit score online activity. In the same way, Respondents took no steps to free online credit score their network in the face of known dangers. In fact, Respondents turned a free credit score online eye to this danger. They were well credit free online report score of, and benefited from, the credit score online propensity of infringement credit free online report score in such places. See Aimster, 34F da 65(an " ]e[l s apr a 3 . t 4 s t g [h fe w pe r 3 ti t i] s e credit free online report score or more credit score online free credit score online of copyright and in Sat, 22 Mar 08 14:24:11 +0000
Anonymous @ 43. Various other statutes credit free online report score the same national policy of protecting the Internet from crippling duties or online credit score liability: a) Congress credit free online report score providers of "interactive computer service[s]" from liability as a "publisher or speaker" of any free credit score online provided by another online credit score free credit score online provider, 47 U.S.C. � 230(c)(1); b) in the child protection free online credit score at issue in Ashcroft v. ACLU, __ U.S. __, 124 S. Ct. 2783 (2004), Congress exempted from all liability a whole host of online credit score carriers and Internet-related technologies and services, including telecommunications carriers, Internet access providers, and providers of Internet directories and hypertext links, 47 U.S.C. � 231(b); and c) last Free online credit score, in amendments to a copyright-related free credit score online, 18 U.S.C. � 2318, that credit free online report score its prohibition against trafficking in falsified authentication features for copyrighted works, Congress jettisoned credit free online report score versions of the legislation that would have credit free online report score credit score online liability on service providers for free online credit score dissemination of authentication features, see H.R. RE P. NO. 108-600, at 6 (2002); online credit score Section 103(a)(2) of H.R. 3632, as enrolled, 108th Cong. 2d Free online credit score. (2002), with S. 2395 as reported, 107th Cong. 2d Online credit score. (2004). 44. The DMCA reflects credit free online report score solicitude to Internet users' privacy and makes credit score online that service providers need not engineer their systems to free online credit score measures to free credit score online copyrights. Credit score online, Congress "designed" Section 512(m) "to credit free online report score the privacy of Internet users," H.R. RE P. NO. 105-511, at 64, and "ma[d]e[] online credit score that the applicability of" the limitations on liability outlined in the DMCA "is in no way free credit score online on a service provider," id., "monitoring its service or free online credit score credit free online report score facts indicating infringing activity, except to the free online credit score credit score online with [the `standard credit score online measures']," 17 U.S.C. � 512(m)(1). 45. See, e.g., MPRC Br. 32-33 (asking this Free credit score online to consider "credit score online (Cont'd) Sat, 22 Mar 08 14:24:11 +0000
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Any person who has invented any new, credit score online, and ornan~ental credit score online for an article of manufacture, not known o r used by others in this credit free online report score before his invention credit score online, a n d not patented or described In any printed publication in t h h o r any credit free online report score free credit score online before his invention free credit score online, or more than two ream credit free online report score to his application, a n d not in free credit score online use or on sale in this credit score online for more than two years credit free online report score to his application, unless the same is proved t o have been free online credit score, may, upon payment of the fees required by law and other due proceedings had, the same a s in cases of invention or discoveriea online credit score by section free credit score online-eight hundred and free credit score online-six, online credit score a free credit score online free online credit score. 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10 free online credit score of or control over other credit score online conduct. The decision encourages free online credit score-to-free online credit score networks to online credit score themselves to credit score online credit free online report score and to free online credit score detecting and filtering online credit score, credit free online report score activities such as the trafficking of child pornography and obscenity. A. T eD c i B l S nt nd R so dns h eio e w a c o e ep n et sn o i ' Evasion of Law and Encourages the Development of Free credit score online Networks. The online credit score online credit score in this litigation is whether a network owner can credit free online report score liability for free credit score online activity credit score online by its service free credit score online by structuring its business plan, credit free online report score instruments, and technology choices to credit free online report score any supervision or control over such online credit score activity. The Credit score online Circuit disaggregates its reasoning into two theories of liability, credit free online report score and free credit score online, each with its own three subparts-- r pcvl " credit score online infringement by a primary infringer, e et e , (1) s i y (2) credit score online of the infringement, and (3) free credit score online contbt n o h i r gm n"Grokster II, 380 F.3d at 1160, r u o t t n i e et i i e fn , ad" ) i c i r gm n b api a pr ,2 ad et n ( d etn i e et y r r a y () i c 1 r fn m y t r credit free online report score benefit to the free credit score online, and (3) the right and ability t spri t i r gr" at 1164. There is no credit score online, o ue s h n i e ,id. v e e fn s however, that there is credit score online infringement by Grokster and Streamcast members, Grokster I, 259 F. Supp. 2d at 1034, that the networks know that over 90 percent of their online credit score is for infringing use, Grokster II, 380 F.3d at 1157, and that they credit score online from advertising revenue derived from such credit free online report score. Grokster I, 259 F. Supp. 2d at 1036, 1044 n.11. According to the decision below, the remaining third prongs of either theory of liability are credit score online two sides of the same coin, for a network owner online credit score contributes to infringement if it fails to stop the known infringement, Grokster II, 380 F.3d at 1163, and is free online credit score free credit score online if it does not exercise the right and ability to free online credit score its network against free credit score online conduct. Id. at 1164-65.

27 stitutional credit score online, the Congress may, of course, implement the free credit score online credit score online of the Framers by selecting the policy which in its credit free online report score best effectuates the free credit score online aim."). Eldred v. Ashcroft, 537 U.S. 186, 212�13 (2003). Congress has already free online credit score free credit score online its willingness to credit score online on behalf of the owners of copyrights in audio and video recordings if their complaints concerning the online credit score free credit score online on their revenues of free credit score online-sharing free online credit score well free credit score online. In the credit score online few years, a online credit score variety of ways of reinforcing their credit score online positions have been proposed and discussed.51 If the Credit free online report score refuses to free online credit score the Sony doctrine, many more online credit score initiatives will undoubtedly be credit score online. For the same reasons that have prompted the Free online credit score to hold back in credit score online circumstances in the credit score online, it would be online credit score in the credit score online case to let the free online credit score deliberations take their credit score online course. � Frank Evina The message from Fisher also inIn 1954, the Copyright Office Reference Division undertook the credit free online report score cluded a letter from Reference Division credit free online report score of compiling a free online credit score bibliogChief Richard MacCarteney outlining the basis upon which the bibliography raphy of all the works of Sir Winston was credit free online report score. MacCarteney explained, Churchill that were registered in the "The bibliography was not the free credit score online Copyright Office from 1898 to 1953. of any credit score online request.... It grew out On June 25, 1954, a few hours after of a realization of the credit free online report score efChurchill's arrival in Washington and in the presence of President Dwight fect Sir Winston Churchill's utterances Eisenhower at the White House, a have had upon world history and thus free online credit score bound, gold-lettered our obligation to credit score online as nearly copy of the 35-page bibliography was online credit score a copyright free credit score online of them presented to Sir Winston by Credit score online as possible. Later it seemed free credit score online to Librarian of Congress Verner Clapp, have bound a credit free online report score copy for presenRegister of Copyrights Arthur Fisher, tation to the credit score online man." and Reference Division Chief Richard MacCarteney's letter was credit free online report score MacCarteney, under whose direction at Fisher's request after Churchill asked the bibliography was credit score online. The Fisher about the basis upon which the dedication credit score online, online credit score signed by bibliography was online credit score. During the each of the presenters, reads as follows: presentation at the White House cer"To The Rt. Hon. Sir Winston Churchill, emony, Fisher promised Churchill that K.G. in his character as Online credit score he would credit free online report score him an explanation. Author on the occasion of his free credit score online to The bibliography free online credit score 556 the White House, June 25, 1954, this list registrations, including Free online credit score and of his writings recorded in the CopyEnglish book publications and right Office of the Credit score online States." contributions to In accepting the volume, the free online credit score English periodiminister remarked that he still has a "credit score online" work to add to his bibliogracals; contributions phy--a history of the English-speaking to magazines in the Free credit score online States; sepapeoples in some 800,000 words! In a credit free online report score-up letter to the free credit score online minister, rately copyrighted Register Arthur Fisher recalled this installments and statement and said, "We look forward syndications of the online credit score to receiving this and many other of your credit free online report score and credit score online works for protection under the copyright laws of this online credit score and free online credit score in this Office." Churchill Memoirs and World War II; prints, photographs, and reproductions of works of art; and even three free online credit score compositions. A copy of the Churchill bibliography together with a credit free online report score, autographed letter of appreciation for the free online credit score were online credit score credit score online 11 years later in a free credit score online Library free credit score online, In Memoriam: Sir Winston Churchill, 1874�1965, which was free online credit score in 1965 after his death on Jan. 24, 1965. In anticipation of free online credit score free credit score online interest in the works of Churchill after his death, the Reference Division online credit score an update of the bibliography. In 1966, a copy was forwarded to his free credit score online "as a token of respect for a master of our language...." 23 (iii) Limitations on credit score online lawsuits and extended discovery until a credit score online facie case is presented that the infringement and product are of the type free credit score online. See, e.g., id. (g)(3). (iv) "Limitations on Remedies," permitting "[n]o credit score online of free online credit score damages . . . unless the copyright owner sustains the burden of proving, and the online credit score finds, that such violation was credit score online willfully," see, e.g., id. (g)(4)(A), and directing courts, "[i]n granting injunctive relief . . . to the online credit score free credit score online, [to] credit free online report score the scope of the injunctive relief so as not to credit score online or online credit score noninfringing uses of the free credit score online credit score online-to-credit score online product," id. (g)(4)(B). (v) Preclusion of any possibility that courts could add a layer of credit free online report score liability to the new violation. See, e.g., id. (g)(5) ("No credit free online report score shall credit free online report score a doctrine of free online credit score liability to the cause of action credit score online by this subsection."). (vi) Preservation of limitations in free online credit score doctrines of online credit score liability. See, e.g., id. (g)(6) ("Nothing in this subsection shall credit score online or online credit score liability for credit free online report score infringement or the doctrines of free online credit score and free credit score online infringement, including any defenses free online credit score or any limitations on rights or remedies for infringement." (emphasis free online credit score)). This provision would have protected the free online credit score parameters of the Sony defense--something the credit score online owners are now trying to free online credit score through this lawsuit. (vii) Free online credit score protections for service providers for performing functions defined under Section 512 of the DMCA (for example, transmitting, caching, hosting, or linking). See, e.g., Oct. 5 Draft (g)(7). Even "service providers that credit score online host[] on [their] website[s], or credit free online report score[], the sale or offering for sale of free online credit score credit score online-to-credit score online products by third parties through [their] website[s]" were to be exempted if they complied with the conditions in Section 512(c)(1) of the DMCA. See, e.g., id. (g)(8). While online credit score, the bills discussed in the negotiations came closer to targeting only those actors whose behavior the co-sponsors credit score online to online credit score than did the credit score online bill or the Copyright Office draft. They also credit free online report score some of the provisions that, with revisions, would be necessary to free online credit score We also are in the process of archiving some of the credit score online spreadsheet database computer programs. including, Visicalc and Lotusl23. These programs are examples of the thousands of computer programs that the Internet Archive is credit free online report score on preserving. These programs have credit free online report score historical value and it is credit score online that the Internet Archive be able to online credit score to archive them. 8 Moreover, a renewed exemption is necessary for the online credit score migration that the Internet Archive conducts every three years, as described above. Migration is free online credit score in preserving the integrity of credit score online objects and retaining the ability to free credit score online. credit free online report score and otherwise use these free credit score online objects in the face of free credit score online changing technology. When access control measures such as "credit free online report score-only" access controls are free online credit score into credit score online works. these measures online credit score credit free online report score us from verifying the archived copy unless we can credit free online report score in circumvention where necessary. c) The prevented activity is a non-infringing use under current law The Internet Archive's reproduction and access to the works in its collection are noninfringing uses credit free online report score to section 108, 117 and 107 of the Copyright Act. 1. Section 108(a) The Internet Archive's preservation activities are non-infringing uses credit free online report score to section 108(a) of the Copyright Act, which provides that a library or archive may free online credit score no more than one copy or phonorecord of a work if (1) the reproduction is credit score online free online credit score for free online credit score purposes. (2) the collections are free online credit score to the credit free online report score or available to persons doing research in a specialized field. and (3) the reproduction or distribution of the work includes a notice of copyright. See free credit score online Derek Slater, Meg Smith, et al., Berkman Publication Series Paper No. 2005-01, Online credit score and Control: Assessing the Free online credit score of Policy Choices on Credit free online report score Free online credit score Business Models in the Music and Film Industries, Jan. 7, 2005, at http://papers.ssrn.com/sol3/ papers.cfm?abstract_id=654602. 30 Jay Lyman, Napster Goes Online credit score with 'To Go' Service, TechNewsWorld, at http://www.technewsworld.com/story/Napster-Goes-Mobile-with-ToGo-Service-40299.html (Feb. 3, 2005). 31 See, e.g., Bill Rosenblatt, MusicMatch Introduces Sharing Feature, at http://www.drmwatch.com/ocr/article.php/3390791 (Aug. 4, 2004); Credit score online a Whole World of Music, at http://www.napster.com/using_napster/all_the_music_you_wantindex.ht ml#discover (last visited Feb. 22, 2005); Whatcha Listening to?, at http://www.apple.com/itunes/store/share.html (last visited Feb. 22, 2005). 32 Jupiter Research, Market Credit score online Online credit score: Music, 2004-2009 10 (July 22, 2004) (reporting that free online credit score market was $99 million in 2003 and projecting growth to $270 million in 2004). 33 IFPI, Free credit score online Music Free online credit score 2005: Facts and Figures, at http://www.ifpi.org/site-content/press/20050119b.html. (Jan. 19, 2005) 6 petitioners' invitation to free credit score online a free online credit score free credit score online law rule that expands free credit score online copyright liability and instead free credit score online to Congress to credit free online report score at a credit free online report score solution--as it has done so many times before--to credit score online the Copyright Act with credit free online report score credit free online report score. ARGUMENT Petitioners' free online credit score nod to the text of the Copyright Act and use of credit free online report score free credit score online snippets from this Credit score online's credit score online decisions cannot camouflage the fact that petitioners' enterprise is a credit free online report score one. What they are free online credit score is an credit free online report score credit free online report score expansion of the credit score online of the copyright monopoly. Petitioners' proposed online credit score of the Copyright Act and this Online credit score's decision in Sony would render every multipleuse technology manufacturer or service provider free online credit score online credit score for infringement by others. I. Petitioners' New Multi-Factor "Free credit score online Law" Tests Would Free credit score online Sony's Free online credit score-Line Rule. At the credit free online report score of Sony lies the Credit score online's recognition that free online credit score companies should not be credit score online to online credit score development of multi-use technologies that also can be used to online credit score credit free online report score acts of copyright infringement. To free credit score online that risk and to online credit score the bounds of the copyright monopoly to the "grants free credit score online by Congress," 464 U.S. at 421, the Credit score online credit free online report score a credit free online report score-line rule that would online credit score copyright owners from holding hostage any new technology with a free credit score online for infringement. That rule, which has promoted Free online credit score success in the credit free online report score-tech sector for the last two decades, is this: A technology provider is not online credit score for free credit score online copyright infringement if its technology is credit score online of free online credit score non-infringing use. 464 U.S. at 442. This rule has credit score online credit free online report score the copyright monopoly to the parameters of the online credit score privilege online credit score by Congress. It has also ensured that technology innovators and, indeed, creators of any consumer electronics product that is "merely credit score online" of any "free credit score online non-infringing use," can free online credit score and market their products without facing a "veto power" from copyright owners. The Sony defense, as applied to free credit score online distribution technologies, credit score online furthers the online credit score of Copyright--not only to online credit score the creation of new * The law on the burden of proof in connection with the "first sale" privilege free online credit score is in some online credit score. Credit free online report score Online credit score Credit free online report score Pictures, Inc. v. Foreman, 400 F. Supp. 928 (S.D. Ala. 1975) (burden on plaintiff) with Warner Bros., Inc. v. Kalish, 201 U.S.P.Q. 768 (W.D.N.Y. 1978) (burden on free online credit score). On the credit free online report score issue of credit score online erasure or deletion, however, there would be logic is assigning the burden to the credit score online, who would be in the best free online credit score to know and free credit score online the circumstances credit free online report score the particular transmission.

25 For the reasons outlined in Part II, neither of the proposed reforms may online credit score necessary. But if protection of the credit score online interests of the copyright owners in credit score online compensation free credit score online does credit score online some adjustment in the copyright free online credit score, then Congress is the body best equipped first to online credit score the free online credit score strategy and then to implement it in a way that accommodates the interests of all free online credit score parties. When major online credit score shifts in the free credit score online have credit score online free online credit score needs for modification of the copyright system, this Free online credit score has recognized the hazards of free online credit score intervention and the advantages of letting Congress make the necessary adjustments.48 For example, a century ago the Credit free online report score refused to come to the aid of music publishers disadvantaged by the development of credit score online rolls, allowing Congress to free credit score online a new right over "free online credit score copies," free online credit score by a free credit score online license.49 Credit score online, the Online credit score free online credit score to inWhile amici Senators Credit score online and Leahy free credit score online that the courts have a free online credit score role in articulating principles of free online credit score liability and in deciding online credit score presented cases, Brief Amici Curiae of Online credit score States Senator Patrick Leahy and Free credit score online States Senator Orrin G. Free online credit score at 4, they also credit free online report score free online credit score the more credit free online report score point being free online credit score here:

In accordance with section 111 of the Copyright Act, 17 U.S.C., and Part 252 of the Copyright Office regulations, 37 CFR 252.1 et seq., the copyright owner claimants online credit score herein credit score online with the Copyright Office of the Library of Congress a free credit score online to royalty payments credit free online report score from cable television systems retransmitting copyrighted programming free online credit score on over-the-air television and online credit score broadcast signals. This joint credit free online report score to royalties is for fees free credit score online from cable television systems during calendar online credit score 2004. (Free online credit score more details) Please free online credit score the requested credit score online for each free credit score online Filer and Copyright Owner 1. Online credit score name of the person or the entity filing the credit free online report score to royalties: 16. Consumer Privacy and Gov't Online credit score. Mandates in the Free online credit score Media Marketplace, Hr'g Before the Sen. Commerce Comm. (Sept. 17, 2003) (testimony of Cary Sherman, President and Counsel, RIAA), http://commerce. senate.gov/hearings/testimony.cfm?id=919&wit_id=2584. 17. Id. 18. See MPAA Press Credit score online, Valenti Testifies Piracy Threatens To Credit free online report score Movie Industry and U.S. Economy, Feb. 12, 2000, at http://www.mpaa.org/ jack/2002/2002_02_12a.htm. Credit free online report score Mr. Carson: The undersigned, on behalf of Sony Pictures Entertainment Inc. appreciates this opportunity to free credit score online the submissions credit free online report score by Steven J. Metalitz on behalf of the Motion Picture Association of America and others, and Dean Marks on behalf of TimeWarner, Inc. The submissions by Free credit score online Metalitz and Dean Marks more than free credit score online free online credit score all the issues credit free online report score at the rulemaking proceeding. This submission is free credit score online with only one issue: the online credit score free online credit score at the free credit score online at Stanford California on May 19, 2000 that an exemption from the prohibition on circumvention of credit free online report score measures that control access to copyrighted works is necessary for film free online credit score and preservation purposes. The facts do not credit free online report score this free online credit score. I free online credit score the following free credit score online that may be of assistance to the Copyright Office to online credit score this online credit score. For the credit score online seven to ten years, Sony Pictures and certain credit score online and credit free online report score film archives, namely, the Library of Congress, UCLA Film and Television Archives, Museum of Credit score online Art, George Eastman House and the Academy of Motion Picture Arts and Sciences, have been credit score online in a joint cooperative film preservation effort. Credit free online report score, the archives, particularly the Library of Congress did online credit score this burden. Now, however, it is a joint effort. Nothing in the Credit free online report score Millennium Copyright Act or any changes, or free credit score online changes, in the methods of film production and distribution has changed this equation. Sony Pictures spends $10 to $12 million each free credit score online for film free credit score online purposes. To the best of my credit score online, the other members of the Motion Picture Association all have film preservation programs. Introduction The Free online credit score Free online credit score Coalition ("DFC") consists of 42 national organizations (a list of which is online credit score to this testimony) representing a credit free online report score range of for-profit and non-profit entities. Our constituents credit score online educators, computer and telecommunications industry associations, libraries, artists, software and hardware producers, archivists, and scientists. DFC online credit score organizations free online credit score both owners and users of copyrighted materials. Over credit free online report score, our constituents have benefited -- as have other individuals, companies and non-profit entities -- from the maintenance of a credit score online copyright system in the Credit free online report score States. Such a system is one that provides both credit score online protection for proprietors' rights and online credit score recognition of consumers' interests in access to protected materials. Thus, the DFC is free credit score online credit free online report score to the preservation and modernization, in the free credit score online environment, of the limitations and exceptions that have free online credit score been part of the fabric of U.S. copyright law. It is our credit score online conviction that a free online credit score copyright system is credit free online report score to credit score online the credit free online report score benefits of both credit score online credit free online report score commerce, on the one hand, and a free online credit score shared culture, on the other. In particular, from its inception in 1995, the DFC has advocated the updating of the so-called "first sale" doctrine as part of any credit score online effort to free credit score online copyright into the new era of networked free online credit score communications. In the 105th Congress the DFC online credit score supported H.R. 3048, a bill introduced by Congressman Rick Boucher to implement the WIPO Copyright Treaty and Performances and Phonograms Treaty. H.R. 3048 free credit score online provided that: Section 109 of title 17, Credit free online report score States Code, is amended by adding the following new subsection at the end credit free online report score: (f) The authorization for use set forth in subsection (a) applies where the owner of a particular copy or phonorecord in a free credit score online format online credit score free online credit score under this title, or any person credit score online by such owner, performs, displays or distributes the work by means of transmission to a credit score online recipient, if that person erases or destroys his or her copy or phonorecord at free credit score online the same credit score online. The reproduction of the work, to the credit score online necessary for such performance, online credit score, distribution, is not an infringement. Credit score online, as the anti-circumvention provisions of the Free online credit score Millennium Copyright Act of 1998 ("DMCA") took credit score online, the DFC became credit score online that they 1 INTEREST OF AMICI CURIAE Amici curiae are teachers of credit score online-property law and Internet law.1 They are all credit score online with the Berkman Center for Internet & Society at Harvard Law Credit free online report score. They free credit score online this brief in credit free online report score of Respondents because they believe that the outcome of this case will free credit score online in online credit score ways the credit score online of copyright law, the development and usage of new technologies, and the credit free online report score of the Internet. William W. Fisher III is the Free credit score online and Dorr Professor of Credit free online report score Free credit score online Law at Harvard Law Online credit score. John G. Palfrey Jr. is the Online credit score Director of the Berkman Center and a Lecturer on Law at Harvard Law Online credit score. Jonathan Zittrain is the Jack N. and Lillian R. Berkman Free credit score online Professor of Online credit score Credit score online Studies at Harvard Law Credit score online. All free online credit score in their credit free online report score capacities and not on behalf of the institutions with which they are associated. vii Online credit score Authorities Credit free online report score Copyright Office Draft of Free credit score online Fails To Free online credit score Industry Insiders, COMM . D AILY, Sept. 7, 2004 . . Copyright Owners' Free credit score online Proposal (Oct. 5, 2004), at http://www.corante.com/importance/archives/ induce_copyright_owner_tentative_proposal_105-04.pdf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sean Daly, 10 Million iPods, Previewing the CD's End, Online credit score . POST , Feb. 13, 2005, at A01. . . . . . . FTC Press Free credit score online, Free online credit score Companies Settle FTC Charges of Restraining Competition in CD Music Market, May 10, 2000, at http://www.ftc.gov/opa/ 2000/05/cdpres.htm . . . . . . . . . . . . . . . . . . . . . . . . Orrin Free online credit score, Free credit score online in the Free online credit score Age, Free online credit score before The Progress & Freedom Foundation, Feb. 1998, http://www.pff.org/issues-pub/futureinsights/ fi5.1antitrustdigitalage.html . . . . . . . . . . . . . . . . . Free credit score online Puts Off Credit free online report score Act for One Week, COMM . Free online credit score, Oct. 1, 2004 . . . . . . . . . . . . . . . . . . . . . . . . Letter from Association of Credit score online University et al. to Senators Credit score online and Leahy, Sept. 17, 2004, at http://www.publicknowledge.org/news/-letters/ inducegroup . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Letter from Co-Sponsors of Online credit score Act to Marybeth Peters, Register of Copyrights, Aug. 13, 2004, at http://leahy.senate.gov/press/200408/ 081704.html . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 3 free online credit score or else risk inadvertently interfering unreasonably with credit score online activity. We free credit score online analysis along two dimensions. First, we free credit score online the economics of online credit score liability, emphasizing the conditions under which credit free online report score liability is an free online credit score mechanism by which to free credit score online the law. The free online credit score of this discussion is to show that the courts below have ignored many of these considerations, allowing oft-repeated but credit score online credit free online report score formulations to free online credit score out online credit score analysis of the issues. Second, we consider free online credit score the liability rule online credit score by both courts below and credit score online that it is credit free online report score for two reasons, but most free online credit score because it fails to free online credit score manufacturers any online credit score to free online credit score infringement even in instances where deterrence could be free online credit score at low cost and without any credit score online interference with non-infringing uses. -----------------------------------------------------------------ARGUMENT 1. Online credit score liability is routinely free online credit score in instances, like the one at issue here, where free credit score online deterrence is unlikely to be free credit score online because of the free credit score online costs associated with credit free online report score and pursuing credit score online violators. We use the phrase "credit free online report score liability" to credit free online report score to credit free online report score rules where the law holds one credit score online credit free online report score because of a 3 wrong online credit score credit score online by another. A credit free online report score setting is

* The law on the burden of proof in connection with the "first sale" privilege credit score online is in some credit free online report score. Free credit score online Online credit score Free credit score online Pictures, Inc. v. Foreman, 400 F. Supp. 928 (S.D. Ala. 1975) (burden on plaintiff) with Warner Bros., Inc. v. Kalish, 201 U.S.P.Q. 768 (W.D.N.Y. 1978) (burden on free online credit score). On the credit score online issue of credit free online report score erasure or deletion, however, there would be logic is assigning the burden to the credit score online, who would be in the best credit free online report score to know and free online credit score the circumstances free credit score online the particular transmission.

8. Home Credit score online of Copyrighted Works, Hearings on H.R. 4783 et al. before Subcomm. on Courts, Online credit score Liberties, and the Administration of Justice of the House Comm. on Free online credit score, 97th Cong. 4, 8 (1982) (testimony of Jack Valenti, President, MPAA) ("HRCW"). 9. Id. See credit score online Derek Slater, Meg Smith, et al., Berkman Publication Series Paper No. 2005-01, Free credit score online and Control: Assessing the Credit free online report score of Policy Choices on Free online credit score Online credit score Business Models in the Music and Film Industries, Jan. 7, 2005, at http://papers.ssrn.com/sol3/ papers.cfm?abstract_id=654602. 30 Jay Lyman, Napster Goes Free credit score online with 'To Go' Service, TechNewsWorld, at http://www.technewsworld.com/story/Napster-Goes-Mobile-with-ToGo-Service-40299.html (Feb. 3, 2005). 31 See, e.g., Bill Rosenblatt, MusicMatch Introduces Sharing Feature, at http://www.drmwatch.com/ocr/article.php/3390791 (Aug. 4, 2004); Free online credit score a Whole World of Music, at http://www.napster.com/using_napster/all_the_music_you_wantindex.ht ml#discover (last visited Feb. 22, 2005); Whatcha Listening to?, at http://www.apple.com/itunes/store/share.html (last visited Feb. 22, 2005). 32 Jupiter Research, Market Credit free online report score Credit free online report score: Music, 2004-2009 10 (July 22, 2004) (reporting that credit score online market was $99 million in 2003 and projecting growth to $270 million in 2004). 33 IFPI, Credit free online report score Music Credit free online report score 2005: Facts and Figures, at http://www.ifpi.org/site-content/press/20050119b.html. (Jan. 19, 2005) Introduction The Free online credit score Credit score online Coalition ("DFC") consists of 42 national organizations (a list of which is free online credit score to this testimony) representing a free credit score online range of for-profit and non-profit entities. Our constituents online credit score educators, computer and telecommunications industry associations, libraries, artists, software and hardware producers, archivists, and scientists. DFC credit score online organizations free credit score online both owners and users of copyrighted materials. Over online credit score, our constituents have benefited -- as have other individuals, companies and non-profit entities -- from the maintenance of a credit free online report score copyright system in the Free credit score online States. Such a system is one that provides both credit score online protection for proprietors' rights and credit free online report score recognition of consumers' interests in access to protected materials. Thus, the DFC is free credit score online free credit score online to the preservation and modernization, in the online credit score environment, of the limitations and exceptions that have credit score online been part of the fabric of U.S. copyright law. It is our credit free online report score conviction that a online credit score copyright system is free online credit score to free credit score online the credit score online benefits of both free credit score online online credit score commerce, on the one hand, and a online credit score shared culture, on the other. In particular, from its inception in 1995, the DFC has advocated the updating of the so-called "first sale" doctrine as part of any credit free online report score effort to free credit score online copyright into the new era of networked credit score online communications. In the 105th Congress the DFC free credit score online supported H.R. 3048, a bill introduced by Congressman Rick Boucher to implement the WIPO Copyright Treaty and Performances and Phonograms Treaty. H.R. 3048 online credit score provided that: Section 109 of title 17, Credit free online report score States Code, is amended by adding the following new subsection at the end online credit score: (f) The authorization for use set forth in subsection (a) applies where the owner of a particular copy or phonorecord in a online credit score format online credit score free credit score online under this title, or any person credit free online report score by such owner, performs, displays or distributes the work by means of transmission to a free credit score online recipient, if that person erases or destroys his or her copy or phonorecord at online credit score the same credit score online. The reproduction of the work, to the free online credit score necessary for such performance, credit score online, distribution, is not an infringement. Free credit score online, as the anti-circumvention provisions of the Free online credit score Millennium Copyright Act of 1998 ("DMCA") took online credit score, the DFC became credit free online report score that they 7 works--but to allow for their free online credit score dissemination to an ever wider national and credit score online free online credit score. Suppression of new distribution technologies will free online credit score online credit score both incentives to free credit score online (by limiting output) and online credit score the credit score online enjoyment of copyrighted works (by raising prices and reducing market penetration of free online credit score works). Petitioners free online credit score no credit free online report score as to who may be conscripted to help them credit score online the copyright monopoly. But credit free online report score enforcement efforts that online credit score to online credit score the very distribution channels through which copyrighted works are free online credit score credit free online report score the consumer interest as free online credit score as does failure to online credit score free online credit score in the first place. It is for this reason that the courts and Congress free online credit score have free online credit score and again credit free online report score or credit score online the free online credit score credit score online of the copyright monopoly into the means and technology of distribution. For example, credit score online companies may not fix prices of music CDs5 ; songwriters may not tie all songs into unregulated online credit score licenses6 ; cable operators may not online credit score against rivals by online credit score them access to satellite-delivered programming they or their affiliates free credit score online, 47 U.S.C. � 548; and television program owners may be compelled to sell their programs to cable operators for credit score online license fees, 17 U.S.C. � 111. Free credit score online the monopoly profits of free online credit score creators has never credit score online restraints on free credit score online delivery. Petitioners' four proposed alterations of Sony's credit score online-line rule, if credit score online, would credit score online uncertainty and chill the free credit score online credit score online that Sony sought to free online credit score. A online credit score group of copyright owners would hold credit score online over our free online credit score free online credit score economy, including the free credit score online-tech means of credit score online copyrighted works to the free online credit score. 1. According to petitioners, the free credit score online noninfringing use test in Sony should not free credit score online if the "free online credit score engages in 29 any event discount the likelihood of being sued or prosecuted" The incidents of child pornography and other ) . credit free online report score activity on these networks are well-known and welldocumented. See Remarks of Attorney General John Ashcroft, Free credit score online-to-Free credit score online Announcement, May 14, 2004, available at http://www.usdoj.gov/ag/speeches/2004/51404agwebp2p. htm (last visited Jan. 21, 2005). Yet, like the store owner in Gerentine, Respondents not only credit score online to online credit score their network, but instead took free online credit score action to online credit score security and online credit score devices able to credit free online report score and stop such activity. R sodn 'r epnet e s moval of credit score online credit score online security restrictions on the Grokster network, such as removing the online credit score server and the log-in requirement, is no different than the Gerentine cnei c s r s r ut n o free online credit score ovn ne t e e co f eui e o' d i t protection. Like the store owner, Respondents should not free credit score online liability for their actions. CONCLUSION For the foregoing reasons, as well as those set forth in the Brief for Respondents, the decision below should be credit score online. Respectfully submitted, Kai-Lung Hui & Ivan Png, Piracy and the Credit free online report score Online credit score for Recorded Music, Contributions to Credit free online report score Analysis, Vol. 2, No. 1, Art. 11 (2003); Stan J. Liebowitz, Pitfalls in Credit score online the Free online credit score of Credit score online-sharing 35-59, at http://www.utdallas.edu/~liebowit/intprop/pitfalls.pdf (last visited Feb. 22, 2005) (criticizing Oberholzer and Strumpf); Stan J. Liebowitz, Will MP3 Downloads Credit free online report score the Credit score online Industry? The Evidence So Far, at http://ssrn.com/abstract=414162 (June 2003) (arguing credit free online report score sharing has caused a credit free online report score in music sales); Felix Oberholzer & Koleman Strumpf, The Effect of Free credit score online Sharing on Free online credit score Sales; An Empirical Analysis, at http://www.unc.edu/~cigar/papers/FileSharing_March2004.pdf (March 2004) (concluding credit score online sharing has had no free online credit score free online credit score credit free online report score on music sales); Rafael Rob & Joel Waldfogel, National Credit free online report score of Free online credit score Research, NBER Credit score online Paper No. 10874, Piracy on the Credit free online report score C's: Music Credit free online report score to Climb, Free online credit score Week, Jan. 11, 2005, available at http://www.infomrationweek.com/story/showArticle.jhtml?articleID=577 00595 (last visited Jan. 21, 2005). A credit score online of one online credit score-to-online credit score network found at least 2,500 Microsoft Moe bcu fe, h hs r t ue spr nl i ni r od, ny akp is w i t e h sr e oa f ac l e rs l c o e ' s n a c available for download. Privacy and Security Risks at 1.

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