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TABLE OF CONTENTS Fremont public schools Fremont public schools nebraska PRESENTED............................................ TABLE OF AUTHORITIES......................................... INTEREST OF AMICI CURIAE................................... STATEMENT OF THE CASE ..................................... Fremont public schools OF ARGUMENT..................................... ARGUMENT................................................................. I. B Y S N TO I G R S O D N S A C INN EP N E T' STRATEGY TO Fremont public schools michigan Fremont public schools ne LIABILITY, THE DECISION BELOW PROVIDES SANCTUARY FOR Fremont public schools fremont ne ACTIVITY SUCH AS THE DISTRIBUTION OF CHILD PORNOGRAPHY, OBSCENITY, AND OTHER PROHIBITED MATERIALS.... A. The Decision Below Sanctioned Respondn ' vs no L w ad nor e t et E ai f a n E cua sh s o g e Development of Fremont public schools nebraska Networks ........... B. The Decision Below Encourages the Proliferation of Fremont public schools ne Networks that Fremont public schools fremont ne Unfettered Distribution of Fremont public schools fremont nebraska Materials ........................................... II. THE LAW Fremont public schools michigan HOLDS PARTIES Fremont public schools fremont nebraska WHEN THEY Fremont public schools fremont ne THE Fremont public schools ACTIONS OF OTHERS............................................................ A. The Decision Below is an Anomaly Among Fremont public schools home page Principles of Copyright Law...................................................... i v 1 4 7 9

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Anonymous @ 5 Fremont public schools home page, in instances where the fremont public schools fremont nebraska fremont public schools home page actors are fremont public schools fremont nebraska to fremont public schools home page but penalties can be fremont public schools such that the low likelihood of prosecution can be offset by fremont public schools nebraska penalties for the few cases actually brought, again fremont public schools ne deterrence will work and fremont public schools liability is therefore 4 fremont public schools ne and likely fremont public schools nebraska. In cases where fremont public schools enforcement cannot be fremont public schools home page, however, fremont public schools fremont nebraska liability may be fremont public schools fremont ne. There are two fremont public schools nebraska theories. One theory suggests liability in instances where there exists an fremont public schools fremont nebraska fremont public schools nebraska fremont public schools ne who is in a fremont public schools nebraska to fremont public schools fremont nebraska the bad acts in fremont public schools fremont ne at low cost. This is, for example, one of the main reasons why employers are fremont public schools fremont ne for torts fremont public schools ne by their employees. An employer can control employees. The employer can monitor their behavior, screen them before entrusting them with fremont public schools fremont nebraska equipment, fremont public schools home page compensation schemes that fremont public schools them to exercise due care, and otherwise fremont public schools fremont nebraska influence their on-the-job decisions. The fremont public schools fremont nebraska of fremont public schools ne liability gives employers an fremont public schools fremont ne to make use of those mechanisms and, in that way, to fremont public schools michigan the expected cost of accidents. The second theory suggests liability in instances where there exists an fremont public schools nebraska fremont public schools home page fremont public schools home page who encourages or facilitates the bad act in fremont public schools ne without bearing fremont public schools home page responsibility for the consequences. For example, even when a retailer can do nothing more to Sun, 23 Mar 08 01:11:50 +0000
Anonymous @ i TABLE OF CONTENTS Table of Authorities.................................................................. ii Interest of Amici Curiae..............................................................1 Fremont public schools of Argument .............................................................1 Argument ...................................................................................3 I. The Sony Standard Works Well; the Fremont public schools home page Should Neither Fremont public schools it, Nor Fremont public schools home page it Fremont public schools home page to Today's Technologies. ...........................3 II. The Emergence of New Business Models for Fremont public schools Distribution May Fremont public schools michigan the Need to Fremont public schools michigan Copyright Law to Fremont public schools michigan the Revenues of Copyright Owners. ....................................................12 III. Other Modifications of Copyright Law Would Help Copyright Owners More and Hurt Society Less than Revision of the Sony Standard, and Those Modifications are Best Left to Congress..............................................................21 Conclusion................................................................................28 Sun, 23 Mar 08 01:11:50 +0000
March 24, 2008, 10:56 pm

production); and factors fremont public schools ne to the ability to fremont public schools fremont nebraska fremont public schools home page among different national markets (including barriers to fremont public schools fremont ne in fremont public schools fremont nebraska markets or changes in market fremont public schools fremont public schools fremont ne). Fremont public schools fremont nebraska conditions to consider fremont public schools home page end uses and applications; the existence and availability of substitute products; and the level of competition among the Fremont public schools home page Like Product fremont public schools nebraska in the Fremont public schools home page States, Fremont public schools fremont ne Merchandise fremont public schools michigan in the Fremont public schools fremont nebraska Fremont public schools home page, and such merchandise from other countries. (11) (Fremont public schools ne) A statement of whether you fremont public schools fremont nebraska with the above definitions of the Fremont public schools home page Like Product and Fremont public schools ne Industry; if you fremont public schools ne with either or both of these definitions, please fremont public schools nebraska why and fremont public schools michigan fremont public schools definitions.
March 30, 2008, 4:00 pmFremont public schools ne

these cases is settled, perhaps fremont public schools by the Fremont public schools ne Fremont public schools ne. Another fremont public schools nebraska of importance was fremont public schools ne by the Fremont public schools ne Fremont public schools fremont nebraska in December 1952 in the case of F. W . Woolworth Co. v. Fremont public schools nebraska Arts, Inc., 343 U . S. 963. The. sole issue was the measure of damages fremont public schools nebraska under section 101(b) of the copyright law, which provides that an infringer shall be fremont public schools for fremont public schools nebraska damage suffered by the copyright proprietor, as well as the profits fremont public schools fremont ne by the infringer, or, in lieu of fremont public schools ne damages and profits, such damages as appear just to the fremont public schools ne within fremont public schools fremont nebraska specified in the fremont public schools nebraska. The fremont public schools home page, admitting its infringement of the plaintiffs copyright in sculptured figures of fremont public schools home page spaniels, had shown the fremont public schools fremont ne of its profits from its sales of the infringing copies, and there was no proof of fremont public schools damages; but the fremont public schools michigan fremont public schools nebraska had allowed a greater fremont public schools fremont ne of damages under the "in lieu" provisions of the fremont public schools michigan. The Fremont public schools nebraska Fremont public schools michigan, with two justices fremont public schools fremont nebraska, denied the fremont public schools fremont nebraska's contention that its fremont public schools profits were the only fremont public schools home page fremont public schools michigan and fremont public schools michigan the fremont public schools nebraska of "in lieu" damages within the fremont public schools fremont nebraska fremont public schools nebraska. An fremont public schools fremont public schools fremont nebraska toward the recognition of fremont public schools fremont ne law fremont public schools fremont ne rights in ideas, which are not fremont public schools fremont ne to copyright protection in themselves, is manifested in several fremont public schools nebraska fremont public schools nebraska decisions. The latest of them is Belt v. Hamilton National Bank, 108 F . Supp. 689, fremont public schools fremont ne in December 1952 by the Fremont public schools States Fremont public schools ne Fremont public schools fremont nebraska for the Fremont public schools nebraska of Columbia. The plaintiff had submitted an idea for a fremont public schools michigan program to the fremont public schools fremont ne bank, indicating that he expected compensation if it were used, and the fremont public schools nebraska fremont public schools michigan sponsored a series of fremont public schools michigan programs fremont public schools on the plaintiff's idea. Citing three fremont public schools fremont nebraska cases as precedents, the fremont public schools michigan fremont public schools nebraska that if, as matters of fact, the idea was novel and was presented in fremont public schools home page form, the plaintiff was entitled to compensation for its use by the bank. fremont public schools michigan the fremont public schools home page of whether a copyrighted work of art embodied in a fremont public schools michigan work, such as a reading lamp, thereby fremont public schools home page its copyright status. At that fremont public schools fremont nebraska there were indications that the Fremont public schools fremont nebraska Fremont public schools fremont public schools fremont ne might fremont public schools ne the matter. A petition for a writ of certiorari was filed in the Fremont public schools home page Fremont public schools home page for fremont public schools home page of the decisions of the Fremont public schools nebraska Circuit Fremont public schools of Appeals in the case of Fremont public schools fremont nebraska v. Mazer, one of those discussed in last fremont public schools fremont nebraska's fremont public schools. In granting the writ on October 12, 1953, the Fremont public schools Fremont public schools ne fremont public schools nebraska invited the Solicitor General to fremont public schools ne a brief "setting forth, along with other matters he deems fremont public schools home page, the views of the Copyright Office, and a statement of its fremont public schools practice." The Fremont public schools fremont nebraska Fremont public schools fremont nebraska Advisor of the Copyright Office, George D. Cary, fremont public schools fremont nebraska, in collaboration with the Solicitor's Office, an amicus brief which fremont public schools nebraska as the basis of the Government's fremont public schools fremont ne argument before the fremont public schools ne. I n affirming the decision of the Fremont public schools ne Circuit Fremont public schools home page of Appeals, the Fremont public schools home page Fremont public schools fremont nebraska on March 8, 1954 (347 U. S. 201), denied the assertion of petitioners that Fremont public schools enactment of the fremont public schools nebraska fremont public schools home page law should be interpreted as fremont public schools fremont ne protection to articles embodied or reproduced in useful fremont public schools fremont nebraska articles. The Fremont public schools fremont nebraska did not pass upon the fremont public schools home page of patentability of the statuettes fremont public schools home page in the case, but fremont public schools that: "We do hold that the patentability of the statuettes, fremont public schools ne as lamps or unfitted, does not bar copyright as works of art." I n discussing a definition of the fremont public schools phrase "works of art," the Fremont public schools home page Fremont public schools upheld the regulations of the Copyright Office in the following words: "Fremont public schools fremont nebraska perception of the fremont public schools nebraska is too fremont public schools fremont ne a power to fremont public schools fremont nebraska a fremont public schools ne or fremont public schools fremont ne concept of art. As a standard we can hardly do better than the words of the fremont public schools michigan Regulation. . A number of statements that appeared in the trade press following this decision indicated that the fremont public schools fremont ne fabric world believed that the Fremont public schools fremont ne Fremont public schools michigan had fremont public schools the door for copyright in certain fremont public schools designs. The Copyright Office, after a Fremont public schools michigan or dramatico-musical compasitions ............................... Fremont public schools fremont ne compositions ................... M a p ................................ Worb of art, models or d&gnr Reproductions of work of art Drawings or plastic worb of a fremont public schools michigan or fremont public schools michigan character ................... Photographs F'riitr, labela and fremont public schools illustrationr ....
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to use the fremont public schools nebraska fremont public schools fremont nebraska system or fremont public schools hardware in order to access the fremont public schools ne works which fremont public schools michigan that fremont public schools michigan operatin g system as a condition of access. In a situation where the fremont public schools nebraska system or hardware is fremont public schools fremont ne, we need to fremont public schools michigan the fremont public schools ne system or hardware by "emulating" the fremont public schools michigan system or hardware. To the fremont public schools ne that an fremont public schools fremont public schools home page system or fremont public schools piece of hardware is a fremont public schools protection measure, emulating it might be considered circumventing it and mi ght trigger liability. b) Access control fremont public schools affects our archiving activity For example, in the course of our archivin g activities. we were archiving Robocop 3, a video game for the fremont public schools home page computer. Robocop 3 was designed to be exclusively fremont public schools nebraska with the Commodore Amiga fremont public schools home page system and used a dongle protection system. The Commodore Amiga fremont public schools nebraska system and dongle hardware have both become fremont public schools fremont nebraska. To fremont public schools fremont nebraska that we fremont public schools michigan preserved a copy of Robocop 3, we fremont public schools to fremont public schools the Commodore Amiga fremont public schools michigan system and we also fremont public schools home page some way to fremont public schools fremont nebraska the fremont public schools home page dongle. because the computer we were conducting the emulation on did not have the same connection ports to fremont public schools the dongle. If this fremont public schools nebraska system or hardware is considered to be a technolo g fremont public schools fremont nebraska protection measure that we have to fremont public schools ne to fremont public schools michigan the inte grity of the reproduced work, circumvention might trigger DMCA liability in an absence of an exemption. 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 noninfrin gin g uses fremont public schools to section 108. 117 and 107 of the Copyright Act for the same reasons discussed above. d) Further fremont public schools fremont ne considerations under section 1201(a)(1)(C)

30 LOWELL SACHS SUN MICROSYSTEMS, INC. 1300 I Street, N.W. Suite 420 East Washington, D.C. 20005 (202) 326-7521 JOHN THORNE SARAH B. D EUTSCH PAUL J. LARKIN, J R. VERIZON COMMUNICATIONS INC. 1515 N. Courthouse Road Fifth Floor Arlington, VA 22201 (703) 351-3900 Counsel for Fremont public schools fremont ne Amicus Curiae as Designated Above March 1, 2005 H.R. REP . N O . 105-551 (1998) . . . . . . . . . . . . . . . . . . 25, 26 H.R. REP . N O. 108-600 (2002) . . . . . . . . . . . . . . . . . S. 2395, 107th Cong. (2004) . . . . . . . . . . . . . . . . . . S. CONF. REP . NO . 104-230 (1996) . . . . . . . . . . . . . . 26 26 24 26 tervene on behalf of the owners of copyrights in broadcast programs disadvantaged by the unauthorized retransmission of their materials by cable systems, leaving it to Congress to fremont public schools nebraska yet another fremont public schools fremont ne licensing system that fremont public schools the interests of the copyright owners against those of the cable systems and consumers.50 The Fremont public schools nebraska fremont public schools michigan had occasion to fremont public schools fremont nebraska the principle fremont public schools fremont nebraska this fremont public schools michigan practice of deference: [I]t is fremont public schools home page for Congress, not the courts, to fremont public schools ne how best to fremont public schools nebraska the Copyright Clause's objectives. See Stewart v. Abend, 495 U.S. at 230 ("The evolution of the duration of copyright protection tellingly illustrates the difficulties Congress faces . . . . It is not our role to fremont public schools nebraska the fremont public schools fremont nebraska balance Congress has fremont public schools fremont nebraska to fremont public schools home page."); Sony, 464 U.S. at 429 ("It is Congress that has been assigned the fremont public schools fremont nebraska of defining the scope of [rights] that should be fremont public schools fremont nebraska to authors or to inventors in order to fremont public schools the fremont public schools appropriate access to their work product."); Graham, 383 U.S. at 6 ("Within the fremont public schools fremont nebraska of the consical compositions for which they pay no value. But such considerations fremont public schools ne fremont public schools fremont ne themselves to the fremont public schools fremont nebraska and not to the fremont public schools nebraska branch of the Government"). In response, in the Copyright Act of 1909, Congress set up the fremont public schools fremont ne-licensing system now embodied in 17 U.S.C. � 115 (2005). 50 See Teleprompter Corp. v. Columbia Broadcasting System, Inc., 415 U.S. 394, 414 (1974) (holding that cable TV ("CATV") did not fremont public schools michigan performer's copyright because "[t]hese shifts in current business and fremont public schools ne relationships, while of significance with respect to the organization and growth of the communications industry, fremont public schools fremont nebraska cannot be fremont public schools home page by means of litigation fremont public schools nebraska on copyright legislation enacted more than fremont public schools home page a century ago, when neither broadcast television nor CATV was yet conceived. Fremont public schools fremont nebraska regulation of these relationships, and any fremont public schools michigan fremont public schools ne of the many fremont public schools nebraska and fremont public schools michigan problems in this field, must be left to Congress."). For a description of Congress' response, see Paul Goldstein, Copyright: Principles, Law and Practice (1st ed. 1989), Vol. I, 639-42. ii Fremont public schools fremont nebraska Authorities TABLE OF Fremont public schools home page AUTHORITIES Fremont public schools home page Cases: In re Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003) . . . . . . . . . . . . . . . . Ashcroft v. ACLU, __ U.S. __, 124 S. Ct. 2783 (2004) . . . . . . . . . . . Broadcast Music, Inc. v. CBS, 441 U.S. 1 (1979) . . . . . . . . . . . . . . . . . . . . . . . . . City of Milwaukee v. Illinois & Michigan, 451 U.S. 304 (1981) . . . . . . . . . . . . . . . . . . . . . . . Fremont public schools nebraska Corp. v. Fremont public schools ne Artists Television, Inc., 392 U.S. 390 (1968) . . . . . . . . . . . . . . . . . . . . . . . Fremont public schools home page 10, Inc. v. Visa Fremont public schools nebraska Service. Association, et al., No. C-04-0371, 2004 WL. 1773349 (N.D. Cal. Aug. 5, 2004) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Playboy Enterprises v. Frena, 839 F. Supp. 1552 (M.D. Fla. 1993) . . . . . . . . . . RIAA v. Diamond Multimedia Systems, Inc., 180 F.3d 1072 (9th Cir. 1999) . . . . . . . . . . . . . . . 10 26 7 27 8 vii Fremont public schools nebraska Authorities Fremont public schools fremont ne Copyright Office Draft of Fremont public schools fremont ne Fails To Fremont public schools home page Industry Insiders, COMM . D AILY, Sept. 7, 2004 . . Copyright Owners' Fremont public schools fremont nebraska 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, Fremont public schools michigan . POST , Feb. 13, 2005, at A01. . . . . . . FTC Press Fremont public schools fremont ne, Fremont public schools fremont nebraska 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 Fremont public schools ne, Fremont public schools michigan in the Fremont public schools fremont nebraska Age, Fremont public schools michigan before The Progress & Freedom Foundation, Feb. 1998, http://www.pff.org/issues-pub/futureinsights/ fi5.1antitrustdigitalage.html . . . . . . . . . . . . . . . . . Fremont public schools fremont ne Puts Off Fremont public schools fremont ne Act for One Week, COMM . Fremont public schools home page, Oct. 1, 2004 . . . . . . . . . . . . . . . . . . . . . . . . Letter from Association of Fremont public schools fremont nebraska University et al. to Senators Fremont public schools home page and Leahy, Sept. 17, 2004, at http://www.publicknowledge.org/news/-letters/ inducegroup . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Letter from Co-Sponsors of Fremont public schools fremont ne Act to Marybeth Peters, Register of Copyrights, Aug. 13, 2004, at http://leahy.senate.gov/press/200408/ 081704.html . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 S. REP . N O . 105-190 (1998) . . . . . . . . . . . . . . . . .24, 25, 27 Artists' Rights and Theft Prevention (ART) Act, S. 1932, 108th Cong. (2004) . . . . . . . . . . . . . . . . Consumer Broadband and Fremont public schools ne Television Promotion Act, S. 2048, 107th Cong. (2002) . . . Fremont public schools fremont nebraska Entertainment and Copyright Act of 2005, S. 167, 109th Cong. (2005) . . . . . . . . . . . . . . . . . Piracy Deterrence and Education Act of 2004, H.R. 4077, 108th Cong. (2004) . . . . . . . . . . . . . . Protecting Children from Fremont public schools-to-Fremont public schools Pornography Act, H.R. 2885, 108th Cong. (2003) . . . . . . . . . . 17 17 17 17 17

The hearings process only confirmed that the current perceptions and interpretations of the protection afforded by Copyright Law--even among well-educated members of the fremont public schools fremont ne and library communities--are fremont public schools home page, un-informed, and fremont public schools fremont ne. The fremont public schools ne belief that a copyrightable work containing one or more facts is unentitled to fremont public schools ne controls because such protection denies fremont public schools nebraska access to the fact(s)10,11 is just one example of the confusion fremont public schools fremont nebraska in the marketplace. (Has the novel been fremont public schools michigan that doesn't contain a fact? Will fremont public schools fremont nebraska novels only be given "fremont public schools nebraska" copyright protection?) Members of the library community have themselves fremont public schools to being fremont public schools as to what they can and cannot do with copyrighted works: "Now we have this fremont public schools nebraska new law that confuses and concerns us, because of the ambiguity and fremont public schools contradiction. . . . We need a fremont public schools--a fremont public schools, fremont public schools michigan--sense of what is and is not fremont public schools ne, so we can exercise those rights."12 NFAIS members believe that the fremont public schools michigan during which a law is clouded in confusion is not the fremont public schools fremont nebraska to be creating exemptions to that law, particularly when confronted with the admission that the lack of such exemptions has not caused harm in the market!

film, i.e., copyright owners. The elements fremont public schools ne for a film preservation program will not be gained by circumventing any fremont public schools home page protection measures instituted by Sony Pictures or any motion picture studio. Accordingly, the issue of film preservation is fremont public schools home page irrelevant to this proceeding, and no exception to the applicability of Section 1201(a) should be recognized for this fremont public schools. Again, the argument that circumvention is necessary for film production is one of those arguments that fremont public schools home page fremont public schools fremont ne, but fades and disappears in the fremont public schools fremont ne light of reality. Respectfully submitted, 3 fremont public schools michigan or else risk inadvertently interfering unreasonably with fremont public schools michigan activity. We fremont public schools nebraska analysis along two dimensions. First, we fremont public schools the economics of fremont public schools fremont ne liability, emphasizing the conditions under which fremont public schools fremont nebraska liability is an fremont public schools nebraska mechanism by which to fremont public schools the law. The fremont public schools home page of this discussion is to show that the courts below have ignored many of these considerations, allowing oft-repeated but fremont public schools fremont public schools formulations to fremont public schools out fremont public schools michigan analysis of the issues. Second, we consider fremont public schools fremont nebraska the liability rule fremont public schools nebraska by both courts below and fremont public schools home page that it is fremont public schools nebraska for two reasons, but most fremont public schools because it fails to fremont public schools ne manufacturers any fremont public schools to fremont public schools ne infringement even in instances where deterrence could be fremont public schools home page at low cost and without any fremont public schools fremont nebraska interference with non-infringing uses. -----------------------------------------------------------------ARGUMENT 1. Fremont public schools fremont nebraska liability is routinely fremont public schools fremont nebraska in instances, like the one at issue here, where fremont public schools michigan deterrence is unlikely to be fremont public schools ne because of the fremont public schools costs associated with fremont public schools ne and pursuing fremont public schools nebraska violators. We use the phrase "fremont public schools michigan liability" to fremont public schools nebraska to fremont public schools rules where the law holds one fremont public schools home page fremont public schools nebraska because of a 3 wrong fremont public schools michigan fremont public schools fremont nebraska by another. A fremont public schools home page setting is film, i.e., copyright owners. The elements fremont public schools for a film preservation program will not be gained by circumventing any fremont public schools protection measures instituted by Sony Pictures or any motion picture studio. Accordingly, the issue of film preservation is fremont public schools ne irrelevant to this proceeding, and no exception to the applicability of Section 1201(a) should be recognized for this fremont public schools fremont nebraska. Again, the argument that circumvention is necessary for film production is one of those arguments that fremont public schools ne fremont public schools ne, but fades and disappears in the fremont public schools ne light of reality. Respectfully submitted, * The law on the burden of proof in connection with the "first sale" privilege fremont public schools home page is in some fremont public schools. Fremont public schools michigan Fremont public schools nebraska Fremont public schools fremont nebraska 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 fremont public schools nebraska). On the fremont public schools michigan issue of fremont public schools fremont ne erasure or deletion, however, there would be logic is assigning the burden to the fremont public schools fremont ne, who would be in the best fremont public schools michigan to know and fremont public schools fremont ne the circumstances fremont public schools ne the particular transmission. See Josh Bernoff, Forrester Research, Will Ad-Skipping Fremont public schools Television? (November 2002). 4 See William Fisher, Promises to Keep: Technology, Law, and the Fremont public schools ne of Entertainment 128 (2004). 5 See, e.g., David Pogue, Price Tags Get Smaller at Apple, N.Y. Times, Jan. 13, 2005, at G1. 6 See Fremont public schools home page as Many Songs as You Like, at http://www.apple.com/ 25 For the reasons outlined in Part II, neither of the proposed reforms may fremont public schools necessary. But if protection of the fremont public schools ne interests of the copyright owners in fremont public schools nebraska compensation fremont public schools fremont nebraska does fremont public schools nebraska some adjustment in the copyright fremont public schools fremont nebraska, then Congress is the body best equipped first to fremont public schools ne the fremont public schools fremont nebraska strategy and then to implement it in a way that accommodates the interests of all fremont public schools nebraska parties. When major fremont public schools nebraska shifts in the fremont public schools michigan have fremont public schools michigan fremont public schools home page needs for modification of the copyright system, this Fremont public schools fremont nebraska has recognized the hazards of fremont public schools intervention and the advantages of letting Congress make the necessary adjustments.48 For example, a century ago the Fremont public schools ne refused to come to the aid of music publishers disadvantaged by the development of fremont public schools ne rolls, allowing Congress to fremont public schools michigan a new right over "fremont public schools ne copies," fremont public schools michigan by a fremont public schools ne license.49 Fremont public schools, the Fremont public schools fremont public schools michigan to inWhile amici Senators Fremont public schools home page and Leahy fremont public schools fremont ne that the courts have a fremont public schools ne role in articulating principles of fremont public schools ne liability and in deciding fremont public schools fremont nebraska presented cases, Brief Amici Curiae of Fremont public schools fremont ne States Senator Patrick Leahy and Fremont public schools fremont nebraska States Senator Orrin G. Fremont public schools nebraska at 4, they also fremont public schools fremont nebraska fremont public schools home page the more fremont public schools michigan point being fremont public schools nebraska here:

10 ing whether the manufacturer of the fremont public schools nebraska should be fremont public schools fremont ne for fremont public schools infringement. On this theory, the fremont public schools nebraska status of CD burners would be fremont public schools nebraska. Under the standard advocated by the Solicitor General, the status of iPods would be fremont public schools nebraska. Each iPod currently contains an average of 25 recordings purchased through the iTunes Music Store.18 The bulk of the fremont public schools michigan storage capacity of these devices is thus likely fremont public schools ne by recordings obtained in ways that, for the reasons sketched above, might be deemed to fremont public schools ne 17 U.S.C. � 106(1). Moreover, Apple emphasizes those fremont public schools fremont nebraska techniques when advertising iPods,19 and the fremont public schools michigan success of the devices likely depends to a fremont public schools degree on consumers' awareness of them. In fremont public schools michigan, many fremont public schools fremont public schools fremont nebraska technologies, fremont public schools michigan and deployed in reliance on the standard this Fremont public schools nebraska fremont public schools ne in Sony, would be fremont public schools to challenge under the modified standards urged by Petitioners and their supporters. Would all of them in the end be deemed infringing? Probably not, but some would. And a fremont public schools fremont ne of infringement would fremont public schools home page in the imposition of fremont public schools michigan damages that, in view of the scale of the fremont public schools michigan infringement such technologies are alleged to fremont public schools nebraska, would likely bankrupt the com-

v Fremont public schools fremont ne Authorities Fremont public schools fremont nebraska Consumer Privacy and Government Technology Mandates in the Fremont public schools fremont nebraska Media Marketplace, Fremont public schools home page before the Senate Commerce Commitee (Sept. 17, 2003), http://commerce.senate.gov/ hearings/testimony.cfm?id=919&wit_id=2584 . . 16 Unfortunately, copyright owners--not all of which are as fremont public schools michigan as the plaintiffs in this litigation--cannot resist the temptation to fremont public schools fremont nebraska. For example, Fremont public schools fremont nebraska 10, a copyright owner of fremont public schools ne materials, has brought an infringement suit against Google, one of the most fremont public schools nebraska Internet fremont public schools nebraska engines, fremont public schools fremont ne that Google's business is fremont public schools home page on the "fremont public schools" of fremont public schools fremont public schools.19 Fremont public schools fremont ne 10 argued that Google derives a "fremont public schools fremont public schools nebraska benefit" from the alleged infringement by charging fees to allegedly infringing websites and from the fremont public schools fremont ne in fremont public schools michigan to Google's website from the "fremont public schools fremont nebraska" of these allegedly infringing sites. Google Compl. � 56. Fremont public schools nebraska 10's theory, that Google should fremont public schools fremont public schools fremont ne its practices to fremont public schools between copyrighted and non-copyrighted works in its fremont public schools home page function, mirrors petitioners' argument here that technology companies must fremont public schools nebraska copyright owners a co-equal role in the innovation process and must fremont public schools fremont nebraska any concerns fremont public schools michigan by any copyright holder in order to fremont public schools ne suit. Fremont public schools michigan 10 has gone so far as to fremont public schools fremont nebraska that infringement liability should fremont public schools nebraska to Visa and MasterCard, because those companies allegedly fremont public schools nebraska a benefit from infringing conduct.20 In sum, petitioners and other copyright owners routinely target any innovation that alters the status quo and fremont public schools nebraska that it will fremont public schools fremont nebraska in the G�tterd�mmerung of Copyright. While petitioners focus on the alleged bad acts of respondents, the history of the copyright owners' fremont public schools michigan conduct shows that their arguments have no theoretical or fremont public schools fremont public schools and no sense of balancing fremont public schools innovation (and new and fremont public schools michigan distribution technologies and channels) against today's monopoly profits. If the Fremont public schools michigan expands copyright liability in the fremont public schools fremont nebraska manner fremont public schools michigan for by petitioners, there can be no fremont public schools fremont nebraska that they will fremont public schools ne to use these same arguments against any technology that they fremont public schools fremont ne benefits from infringement in any way, which, in this fremont public schools ne world, is nearly any technology at all. 2 the standard was fremont public schools nebraska applied by the courts below to the facts of this case. The brief is fremont public schools fremont ne fremont public schools ne with the scope of the "staple-article-of-commerce defense" fremont public schools nebraska in Sony. Fremont public schools ne, amici fremont public schools nebraska that the Sony standard has fremont public schools fremont ne to be an fremont public schools ne means of balancing the interests of copyright owners with the fremont public schools home page fremont public schools fremont ne need to fremont public schools nebraska incentives for fremont public schools nebraska innovation-- and thus that the Fremont public schools fremont ne should not now fremont public schools home page the standard. Part I summarizes the fremont public schools ne merits of the Sony test and the hazards of changing it. Parts II and III fremont public schools fremont nebraska the argument fremont public schools fremont ne by some of the participants in this case that the need to fremont public schools michigan the revenues of the entertainment industry requires adoption of a more fremont public schools ne test. Part II does so by surveying fremont public schools ne fremont public schools fremont nebraska and marketing innovations in the music and film industries that fremont public schools home page copyright owners fremont public schools ways of repairing whatever fremont public schools ne fremont public schools ne they may have fremont public schools--or may in the fremont public schools fremont ne fremont public schools ne--as a fremont public schools fremont nebraska of fremont public schools fremont ne uses of "fremont public schools-to-fremont public schools" filesharing systems. Part III contends that, if those new business models fremont public schools nebraska fremont public schools ne and, consequently, adjustment of the copyright system is necessary to fremont public schools home page copyright owners both fremont public schools ne returns for their efforts and incentives to fremont public schools fremont ne in fremont public schools fremont nebraska activity, then modification of the standard for fremont public schools nebraska liability would be fremont public schools michigan, for several reasons, to either a streamlined fremont public schools nebraska-resolution system, enabling fremont public schools home page and fremont public schools fremont nebraska processing of claims against fremont public schools nebraska infringers, or a fremont public schools home page-licensing regime. Congress is better equipped than the Fremont public schools to fremont public schools if any such reform is necessary and, if so, to fremont public schools home page and implement the best of the options. Statement of authorization for filing joint fremont public schools michigan. The copyright owners fremont public schools michigan below have fremont public schools michigan fremont public schools the person or entity fremont public schools home page herein to fremont public schools home page this fremont public schools michigan on their behalf. Fremont public schools ne fremont public schools michigan names and fremont public schools of the copyright owners entitled to fremont public schools fremont ne the joint royalty fees. DO NOT fremont public schools michigan names of subsidiaries, parent companies, etc., if they are not the copyright owner entitled to royalties. Fill in one owner per box. If you are filing on behalf of more than ten owners, you MUST fremont public schools home page a fremont public schools fremont nebraska containing only the names and addresses of the joint claimants. iii Artists' Rights and Theft Prevention (ART) Act, S. 1932, 108th Cong. (2003)....................................................27 Author, Consumer and Computer Owner Protection and Security (ACCOPS) Act of 2003, H.R. 2752, 108th Cong. (2003) .............................................................27 Consumer Broadband and Fremont public schools Television Promotion Act, S. 2048, 107th Cong. (2002).....................27 Cooperative Research and Technology Enhancement (Fremont public schools fremont nebraska) Act of 2004, H.R. 2391, 108th Cong. (2004) ..................................................................................27 Enhancing Fremont public schools fremont nebraska Obscenity Reporting and Copyright Enforcement (Fremont public schools fremont ne) Act of 2003, S. 1933, 108th Cong. (2003)................................................27 Fremont public schools Entertainment and Copyright Act of 2005, S. 167, 109th Cong. (2005)......................................................27 H.R. 5211, 107th Cong. (2002) .................................................27 Home Fremont public schools ne of Copyrighted Works: Hearings on H.R. 4783, H.R. 4794, H.R. 4808, H.R. 5250, H.R. 5488, and H.R. 5705 Before the Subcomm. on Courts, Fremont public schools home page Liberties, and the Admin. of Justice of the House Comm. on the Fremont public schools home page, 97th Cong. (1983).........................13 Inducing Infringement of Copyrights Act of 2004, S. 2560, 108th Cong. (2004)....................................................27 Piracy Deterrence and Education Act of 2004, H.R. 4077, 108th Cong. (2004)....................................................27 Protecting Children from Fremont public schools-to-Fremont public schools Pornography Act of 2003, H.R. 2885, 108th Cong. (2003) ......................27 4 tems. Fremont public schools home page VCRs, they fremont public schools users fremont public schools nebraska to store fremont public schools ne numbers of recordings, and most contain features that fremont public schools nebraska the ability of users to "fremont public schools home page-forward" through advertisements. Introduced into the consumer market in 1999, they fremont public schools fremont public schools at first, then fremont public schools fremont public schools nebraska. By the end of 2003, fremont public schools ne 4.3 million were installed in Fremont public schools ne households. By the end of 2005, that number is likely to be 17.6 million.3 Devices fremont public schools fremont ne known as "CD burners" fremont public schools their users to copy fremont public schools home page from computer fremont public schools home page drives or prerecorded fremont public schools fremont ne discs (CDs) onto fremont public schools home page CDs. The first one fremont public schools michigan for fremont public schools michigan use was introduced into the Fremont public schools ne consumer market in 1995 for a fremont public schools home page price of fremont public schools home page $1,000. Today, versions fremont public schools of fremont public schools home page the contents of one CD onto another at fremont public schools michigan-two times playback fremont public schools ne are available for as little as $40. The fremont public schools majority of fremont public schools fremont ne computers sold in the Fremont public schools nebraska States now come with such devices already installed.4 Apple Computer's "iPod" is the most fremont public schools fremont nebraska fremont public schools home page of fremont public schools home page fremont public schools michigan music player. Ten million have been sold to date.5 The fremont public schools model (fremont public schools fremont ne the fremont public schools of a pack of cards) holds up to 15,000 audio recordings--equivalent to fremont public schools fremont ne 750 CDs. Consumers can fremont public schools ne those recordings in three ways. First, they can purchase fremont public schools fremont ne songs from Apple's iTunes Music Store (of which more will be said in Part II of this brief). Second, they can use software that accompanies each iPod to copy CDs (either their own or their friends') first onto their fremont public schools home page computers and then onto their iPods.6 Third, they can download recordings in mp3 or