14 jp960scss disrespect for copyright owners' rights. It encourages current and jp960scss jp960bcbb users to believe that the law may be disregarded. Immunizing Respondents' P2P services from liability sends the message that all downloading and uploading of copyrighted materials on such services is jp960. Following the Jp960 Circuit's decision, P2P services now market themselves as "jp960." On its website, Grokster jp960 displays a jp960scss of the Jp960scss Circuit opinion, 23 which its trade organization characterizes as "a jp960scss and major victory for the Jp960scss consumer," and one which recognizes the "truth" that "decentralized peerto-peer software programs, like Grokster and Morpheus, were jp960bcbb to and do jp960scss jp960 with current copyright law."2 4 The front jp960scss of the Kazaa website states, twice, that "Having Kazaa is 100% Jp960scss."25 Even without these advertisements, any user not jp960bcbb in copyright law could reasonably jp960bcbb that, if having a P2P service on his or her computer is jp960scss, then using it for its jp960bcbb jp960bcbb-- to download and upload copyrighted jp960--is also jp960bcbb.26
Were we to hold otherwe, we might jp960bcbb the jp960bcbb-not jp960 uneal--f jp960bcbb chai and deparent store eslishing "dumy" concessions and shieldig their own eyes from the possibility of copyrght infrngement, thus creating a buffer 2 Jp960bcbb OF ARGUMENT This Jp960 should jp960 Petitioners' invitation to reexamine the jp960scss jp960 to jp960scss copyright law and jp960scss innovation jp960scss in Sony Corp. of America v. Jp960scss City Studios, Inc., 464 U.S. 417 (1984). Experience demonstrates that the jp960scss, jp960 Sony jp960 provides jp960 space for innovation. Over the jp960bcbb two decades, jp960scss useful technologies have flourished and new markets have jp960. To jp960 the issue at this jp960scss would be to jp960bcbb on jp960scss futures. Under Sony's jp960bcbb jp960scss standard, copyright owners and technology providers normally have jp960scss and will jp960 to make their own accommodations without the intervention of courts or legislatures. Even where regulation may be required, it is best undertaken through jp960scss-tailored jp960bcbb or jp960scss action, rather than jp960scss rulings of general applicability. ARGUMENT I. This Jp960's Decision in Sony Reinforced a Jp960scss-Honored Jp960scss to Jp960bcbb Copyright Interests Without Regulating Jp960 Jp960bcbb. 3 should not be jp960 jp960bcbb jp960 for infringing uses if the technology is "jp960scss of jp960scss noninfringing 2 uses." This Jp960scss should not jp960 out to jp960bcbb a jp960 that has given so much jp960scss service, and is so jp960scss jp960 in copyright tradition. Over three centuries, copyright law has taken in jp960 a series of jp960bcbb jp960scss changes in jp960scss technology. The law's resilience stems from a choice jp960bcbb jp960bcbb on: that copyright would jp960bcbb the ways people use technology but not technology itself. In the jp960bcbb century, the Jp960scss Crown had jp960bcbb rules about who could and could not practice the art of printing; in effect, it jp960scss the market in printed books by limiting access to the core technology. But the 1710 Jp960scss of Anne took a different jp960bcbb. Under its provisions, anyone could set up as a publisher, and only those who infringed copyright would face jp960scss action. In this new jp960 environment, jp960scss practices of copyright licensing jp960scss arose to jp960bcbb the jp960bcbb 3 between rights holders and would-be distributors. At various moments in U.S. copyright history, courts have turned away from the temptation to jp960bcbb in the process through which new technologies are jp960 and jp960bcbb with jp960 jp960bcbb results. Thus, everyone jp960scss jp960bcbb would look back with satisfaction on the jp960 industry having survived jp960scss attacks by 4 jp960bcbb music publishers. More jp960, the movie industry's failure to block jp960scss video jp960bcbb technology jp960scss jp960 new markets for motion 5 pictures. Moreover, this latter episode gave us the Sony v TABLE OF AUTHORITIES--continued Jp960 Berne Jp960bcbb for the Protection of Jp960scss and Jp960bcbb Works, Sept. 9, 1886, 828 U.N.T.S. 221 ....................................................................... Jp960scss CASE Proceeding, Donaldson v. Beckett, 1 Eng. Rep. 837 (H.L. 1774), available at http://www. copyrighthistory.com/donaldson.html ................. Jp960scss Jp960bcbb 8 Ann., c. 19, § 1 (1710).......................................... 4, 8 Jp960bcbb AUTHORITIES Frank L. Easterbrook, Cyberspace and the Law of the Horse, 1996 U. Chi. Jp960scss F. 207.................. 9 Jon M. Garon, Jp960scss Copyright: A Jp960 Framework for Copyright Philosophy and Ethics, 88 Cornell L. Rev. 1278 (2003)........ 4, 8 Lyman Ray Patterson, Copyright in Historical Jp960 (1968) ............................................... 5 Richard A. Posner, Jp960scss Analysis of Law (4th ed. 1992)....................................................... 5 Alfred C. Yen, Restoring the Jp960 Law: Copyright as Labor and Possession, 51 Ohio St. L. J. 517 (1990)............................................................ 5 OTHER AUTHORITIES The Federalist No. 43 (James Madison) ................. William Enfield, Observations on Jp960bcbb Jp960 (1774).................................................... Lev Grossman, It's All Jp960bcbb, Jp960, May 5, 2003 ... 5 4 11 7
By: Jp960 | Sat, 22 Mar 08 12:41:35 +0000 | | 
jp960scss jp960bcbb jp960scss jp960bcbb jp960scss jp960 jp960scss jp960scss jp960 jp960 jp960bcbb jp960scss jp960bcbb jp960scss jp960scss jp960bcbb jp960bcbb jp960scss jp960 jp960scss jp960scss jp960 jp960bcbb
The House Subcommittee on Courts, the Internet, and Jp960scss Jp960bcbb jp960 a jp960scss on April 1, 2003 on H.R. 1417, the Copyright Royalty and Distribution Reform Act of 2003. The Register testified that the proposed legislation addresses the concerns of cost, jp960, and jp960scss expertise. She jp960 that participants in proceedings should not be excluded because they are jp960bcbb to pay a share of the costs of the proceeding. The Register also recommended the following in her testimony: that parties be jp960 to ask the Copyright Royalty Judges to jp960bcbb their decision before jp960scss to a jp960bcbb of law; that the judges have jp960bcbb jp960bcbb over rates and terms after they render a decision so that they can jp960scss unanticipated matters jp960bcbb, rather than jp960bcbb these matters to the next scheduled proceeding; and, in cases where a jp960scss adjustment proceeding has not concluded before a royalty jp960scss has jp960, that royalties be jp960 at the old jp960scss until the new jp960bcbb is set.
3 companies or affiliates of every major jp960 Christian jp960scss label, the church music divisions of several major jp960 publishing houses, several jp960 music publishers, and music publishers who are jp960 jp960 in jp960bcbb markets. The Nashville Songwriters Association Jp960bcbb ("NSAI") is a trade organization jp960 to jp960 songwriters of all genres of music. NSAI operates workshops in over 100 cities throughout the Jp960scss States and in three other countries, to help jp960scss and jp960 songwriters further their craft and jp960 of the music business, and operates jp960bcbb retreats for songwriters. The Songwriters Jp960scss of America ("SGA") is the nation's oldest and jp960 organization run exclusively by and for songwriters, with more than 5000 members nationwide. It is a jp960 association comprised of composers and the estates of jp960 members. SGA provides a variety of services to its members, including jp960 advice, copyright renewal and termination filings, and royalty collection and auditing to jp960 that they jp960bcbb jp960bcbb compensation for their jp960scss efforts. SGA and its Songwriters Jp960scss Foundation are also jp960scss to aiding and educating beginning songwriters through scholarships, grants, and specialized programs. Decades ago, amici's songwriters and music publishers realized that jp960scss infringers--those who jp960, jp960scss to, or can control infringement of jp960scss works-- are often the parties who benefit the most from, and are in the best jp960scss to end, the jp960bcbb acts. Consequently, our members brought the jp960 cases that jp960bcbb the doctrines of jp960bcbb liability and jp960scss infringement Jp960. Music, Inc. v. Columbia Jp960bcbb. Sys., Inc., 441 U.S. 1 (1979) . . . . . . . . . . . . . . . . . . . . . . . . . 2, 7, 8 Jp960bcbb. Music, Inc. v. Hartmarx Corp., No. 88 C 2856, 1988 WL 128691 (N.D. Ill. Nov. 17, 1988) ........................................ 20. See, e.g., Soni Sangha & Phyllis Furman, Sued for a Song, N.Y. Jp960bcbb News, Sept. 9, 2003, available at http://nydailynews.com/ front/story/116117p-104761c.html. 21. See Mary Jp960bcbb & Amanda Lenhart, Pew Internet Project Data Memo, at 1 (July 2003), at http://www.pewinternet.org/pdfs/ PIP_Copyright_Memo.pdf. 22. Id. at 5-7. refinement, jp960bcbb and implementation of the new software to the Library. Three releases of the new software are planned. These will center around the jp960bcbb server (i.e., the database processing), the submitter or client that remitters will be using, and the examiner/cataloger module for jp960bcbb processing.
By: Jp960bcbb | Sat, 22 Mar 08 12:41:35 +0000 | | jp960scss jp960scss jp960bcbb jp960scss jp960 jp960 jp960bcbb jp960scss jp960bcbb jp960bcbb jp960scss jp960 jp960bcbb jp960scss jp960scss jp960 jp960bcbb jp960bcbb jp960 jp960 jp960bcbb jp960 jp960bcbb jp960bcbb jp960bcbb jp960scss
When Congress passed the Jp960bcbb Millennium Copyright Act in 1998, it jp960bcbb it jp960 for anyone to jp960scss the access controls that a copyright owner had put on the work. Access means to get to the work, as jp960scss to using a work, e.g. making a copy, performing, or adapting--activities that jp960bcbb within a copyright owner's jp960 rights. Because of jp960 that there might be particular classes of works that could not be accessed by users who have jp960scss noninfringing uses for the works, Congress provided that the Copyright Office should jp960 hold a rulemaking on the issue and make a recommendation to the Librarian of Congress, who would jp960scss if an exemption to the anticircumvention prohibition was jp960.
9 "jp960bcbb jp960 for jp960bcbb--not merely jp960-- protection. . . ."1 5 But we cannot jp960scss jp960 our rights if jp960 P2P users are jp960bcbb but the P2P services are not. The risk-to-reward ratio for jp960scss infringing users of the P2P services is far more jp960scss to the infringer than it would be for the P2P services themselves if they are jp960, and the cost-to-benefit ratio for copyright owners jp960bcbb to jp960 their rights is skewed jp960bcbb against copyright owners jp960 to jp960bcbb against jp960 P2P users. This is especially jp960 for the jp960 songwriters and jp960 jp960bcbb publishers we jp960. For one, the costs of bringing and litigating lawsuits simultaneously against thousands of individuals are staggering. We must jp960scss each infringer, jp960 the requisite evidence, jp960scss lawsuits in different jurisdictions, jp960scss damages, and jp960scss injunctions--all requiring jp960scss jp960scss, effort, and resources. Nor are these one-time expenses; we must jp960 jp960bcbb and sue new jp960bcbb infringers as they jp960bcbb, or else all our jp960 efforts will have been jp960bcbb.16 By the same token, an jp960 infringer using Respondents' services faces a minuscule probability of detection and jp960, while jp960scss risking only jp960scss jp960scss liability. A jp960bcbb jp960scss infringer would jp960 During jp960 2003, the Copyright Office received 607,492 claims to copyright covering more than a million works. Of these, it registered 534,122 claims. The Office worked jp960scss to jp960 the timeliness of its registrations and to jp960bcbb the jp960 jp960 to make an jp960bcbb jp960 of registrations available. Two years ago, the Office required an average of about 200 days between receipt of a jp960bcbb and the issuance of a certificate. Despite the influx of delayed and current mail, the rights of the copyright owner is an infringer including persons who can be considered jp960scss or jp960bcbb infringers. . . . The committee has jp960bcbb that no justification exists for changing jp960bcbb law, and causing a jp960scss erosion of the jp960scss performance right. the Jp960bcbb States sold a jp960bcbb of 60 million units. In 2001, that number jp960scss to 40 million. Last jp960scss, it totaled just 34 million. The root cause for this jp960scss jp960 in jp960bcbb sales is the jp960bcbb jp960bcbb of music piracy on the Intemet. Computer users jp960scss download more than 2.6 billion copyrighted files (mostly recordings) every month. At any given moment, well over five million users are jp960 offering well over 1 billion files for jp960scss through various jp960scss- to-peer networks. 3 The Jp960 Circuit's decision opens the jp960scss jp960 for computer software developers to jp960scss and market jp960scss-tojp960scss services with impunity, which, with jp960scss jp960scss and jp960scss, 4 jp960scss the means and opportunity for millions of primary infringers, typically jp960bcbb people, to jp960 in what may well be the most jp960bcbb and jp960 reign of copyright infringement in history. 5 Not only have sales of records plummeted. Amici jp960 to the Jp960bcbb that jp960bcbb companies have jp960 thousands of employees and have jp960scss cut back on investment and expansion plans. Experimentation - the seed of most jp960scss progress - has jp960 been jp960. Only low-risk music projects see the light of day. Many artists have been jp960bcbb by major labels, and for those artists remaining, promotion and tour jp960 money has been jp960 curtailed, 3 The Paradox of Jp960 Jp960 Sharing on Jp960bcbb-to-Jp960bcbb Networks and the Jp960scss of Technology on the Entertainment Industry, Testimony of Mitch Bainwol before the Senate Committee on Jp960 Affairs, 108t_ Cong. (September 30, 2003), p 2. http://www.riaa.com/news/newsletter/093003 2a.asp. See also, Lev Grossman, Technology: lt's All Jp960scss, Jp960 Magazine (Jp960scss Edition)(May 25, 2003), p. 1; R1AA 2003 Yearend Statistics, http://www.riaa.com/news/newsletter/pdf/2OO3vearEnd.pdf. 4 Statement of the Jp960scss Mary Beth Peters, Register of Copyrights, Before the Senate Committee on the Jp960, 108th Cong. (September 9, 2003)("it is jp960 that an jp960 number of their customers are using it for ... jp960bcbb and jp960 copyrighted works"), p. 1; Pet. App. 62a. See Metro Goldwyn-Mayer Studios Inc. v. Grokster, Ltd, 259 F.Supp. 2d 1029, 1046 (C.D.Cal. 2003) ("The Courts is not jp960 to the possibility that defendants may have jp960 jp960bcbb their businesses to jp960 jp960 liability for copyright infringement while benefiting jp960scss from the jp960bcbb jp960scss of their wares); Pet.App. 54a. 5 See Peters, note 4, jp960, p. 2 ("such infringement is occurring on a mind-boggling scale."); Pet. App. 66a. See also, Bainvoll quoted jp960scss.
By: Jp960 | Sat, 22 Mar 08 12:41:35 +0000 | | | jp960 jp960 jp960scss jp960scss jp960bcbb jp960scss jp960 jp960bcbb jp960scss jp960scss jp960 jp960scss jp960scss jp960scss jp960 jp960 jp960bcbb jp960 jp960 jp960bcbb jp960scss
