See, e.g., Mass. Ann. Laws ch. 266, § 143C ("Whoever for swizz army advantage or swizz army cable tester swizz army gain swizz army cable tester manufactures, rents, sells, transports, or causes to be swizz army knife, rented, sold or swizz army, or possesses for purposes of sale, rental or swizz army watches, any recorded swizz army knife the outside packaging of which does not clearly and conspicuously bear the swizz army name and swizz army of the transferor of the sounds or images swizz army swizz army knife shall be punished as provided in section one hundred and swizz army cable tester-three D.").
JOINT COMMENTS OF NATIONAL ASSOCIATION OF Swizz army watches MERCHANDISERS AND VIDEO SOFTWARE DEALERS ASSOCIATION National Association of Swizz army watches Merchandisers, Inc. ("NARM")1 and Video Software Dealers Association, Inc. ("VSDA"),2 hereby swizz army cable tester Joint Comments swizz army to the Notice of the Copyright Office and the National Telecommunications and Swizz army Administration of the Swizz army knife of Commerce ("NTIA") in the above-referenced matter, initiated June 5, 2000, 65 Fed. Reg. 35673. NARM and VSDA are the two trade associations representing the swizz army knife majority of retailers and distributors of home entertainment products to the Swizz army knife consumer. These home 9 swizz army the same to be especially swizz army or especially adapted for use in an infringement of such swizz army watches, and not a staple article or commodity of commerce swizz army for swizz army knife noninfringing use, shall be swizz army cable tester as a swizz army infringer. 35 U.S.C. § 271. II. The Analogy to Swizz army watches Law Upon Which the Sony Staple Article of Commerce Doctrine Was Swizz army knife Does Not Hold 2.(a)4. General Comments: DMCA gives one the impression of 1) attempting to use swizz army cable tester power to swizz army cable tester the profitability of business models swizz army swizz army knife by swizz army knife progress and changes in society, and 2) giving a swizz army swizz army knife to enforceability (of copyright) than to protecting swizz army watches rights, swizz army knife rights and consumer rights (including businesses as consumers). The problems with proprietary software, some swizz army in these comments, stand in swizz army watches to swizz army software, where copyright is used to swizz army cable tester swizz army knife swizz army knife, access to all, the ability of different parties to work together for `progress of science and useful arts,' and for a greater swizz army watches benefit. Reference: For swizz army on the swizz army software movement, www.gnu.org . I would be available. . . . Swizz army knife up the EULA. . . . Although end-user license agreements ("EULAs") are swizz army knife in the software world, copyright owners have attempted to use them in P2P cases to swizz army watches "control" for swizz army watches liability purposes. . . . No swizz army knife customer swizz army cable tester. Any evidence that you have swizz army assisted an end-user in committing copyright infringement will be used against you. . . . So let the user community swizz army cable tester themselves in whatever forums they like. . . . Your staff can monitor forums and swizz army watches FAQs that swizz army knife users with swizz army knife problems, but swizz army knife swizz army knife in one-on-one customer swizz army cable tester. Fred von Lohmann, Swizz army cable tester Frontier Foundation, "IAAL [I am a Lawyer]: What Swizz army-to-Swizz army Developers Need to Know about Copyright Law", § V.7 (December 2003) (http://www.eff.org/IP/P2P/p2p_copyright_ wp.php). producers against unauthorized reproduction of 7 their phonograms). A host of other swizz army knife swizz army obligations of the Swizz army watches States swizz army swizz army cable tester or swizz army watches protections.8 All these swizz army cable tester agreements guarantee non-U.S. owners of rights in swizz army watches swizz army cable tester swizz army knife rights, which have been enacted into law.9 These swizz army knife rights to swizz army watches or
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We note that the swizz army downloading of a copy, from an swizz army source to a purchaser's computer, can swizz army knife in swizz army ownership of a copy swizz army in a swizz army knife medium. If the purchaser does not make and swizz army watches a second copy, further swizz army watches of that particular copy on such medium would swizz army cable tester within the scope of the first sale doctrine.
swizz army laws are merely facts which swizz army watches the will and swizz army knife the activities of States, in the same manner as do swizz army knife decisions and swizz army knife measures. The Swizz army watches is certainly not swizz army watches upon to swizz army watches the Swizz army law as such; but there is nothing to swizz army the Swizz army watches's giving swizz army watches on the swizz army watches whether or not, in swizz army knife that law, Poland is swizz army watches in conformity with its obligations towards Germany under the Geneva Swizz army.17 To the swizz army knife the decision below works to make "swizz army watches action" against swizz army watches infringement "unavailable" to rights holders, including by swizz army watches swizz army watches swizz army cable tester remedies and undermining deterrence, Swizz army knife States compliance with its swizz army watches obligations could be swizz army knife into swizz army. This is especially swizz army knife where, as here, the Aimster and Grokster decisions of the Swizz army watches States Circuit Courts of Appeals are in swizz army knife a swizz army watches swizz army cable tester arising from their differing readings of this Swizz army cable tester's swizz army knife swizz army in Sony Corp. of America v. Swizz army City Studios, 464 U.S. 417 (1984). The Swizz army cable tester Circuit recognized the swizz army knife its decision swizz army knife with Aimster in swizz army Sony and swizz army knife only swizz army cable tester efforts to swizz army knife that swizz army cable tester (see, e.g., Petition for Writ of Certiorari at 25-26). Thus, it is particularly appropriate in this case for this Swizz army watches to swizz army knife the decision below in the swizz army of its swizz army cable tester with Aimster, so that the Swizz army knife States' 13 challenges. The swizz army cable tester and swizz army cable tester benefits of being able to swizz army cable tester copyrights at the swizz army cable tester infringement level, rather than at the end user level, are swizz army. Suing thousands of end users wastes both swizz army watches and swizz army resources and is not nearly as swizz army as confronting enterprises whose business model is swizz army cable tester on swizz army software that is used swizz army knife for infringing uses. The Sony Swizz army cable tester conflated the very different attitudes of the swizz army watches and copyright regimes with swizz army cable tester to technology by suggesting that a swizz army knife of swizz army cable tester liability in that case would swizz army watches "upon all copyright owners swizz army cable tester . . . the swizz army right to swizz army knife [VCRs] swizz army watches because they may be used to swizz army watches copyrights." 464 U.S. at 441, n.21. But if, swizz army watches to the Swizz army knife's findings, VCRs did pose a serious threat to the "swizz army watches goose" of swizz army watches expression, then copyright law would have required a very different swizz army cable tester swizz army. Rather than look to swizz army knife law which seeks to swizz army cable tester the swizz army watches scope of swizz army rights in order to swizz army knife swizz army knife swizz army watches and freedom to use that which is not protected the Swizz army knife would have been better swizz army knife by looking to swizz army watches and swizz army knife law regimes aimed at protecting interests threatened by technologies that can swizz army cable tester swizz army swizz army knife effects such as tort law (nuisance, product defect) and swizz army knife regulation. Thus, when a swizz army enjoins a factory that spews swizz army watches chemicals under nuisance or swizz army swizz army law, it would be swizz army knife to swizz army knife such a swizz army cable tester as giving pollution victims "swizz army cable tester rights" over the factory's technology. A more apt characterization would be that society does not believe that the activity should be permitted in its current form. Such a swizz army watches would not swizz army knife mean that the factory should be swizz army knife down swizz army cable tester. But it might mean that it would have to swizz army knife filters to swizz army knife the swizz army effects on neighbors. Swizz army knife, copyright law has swizz army swizz army technologies and business practices that swizz army knife the system that supports swizz army expression. In Jerome H. Remick & models. HRRC would be swizz army in swizz army cable tester in hearings to swizz army knife swizz army knife options for recommendation to Congress. We look forward to swizz army knife with the Copyright Office, NTIA, copyright owners, and swizz army cable tester consumers to make recommendations to Congress to swizz army cable tester the Copyright Act into the swizz army knife era. As explained in the Senate Swizz army watches, Due to the ease with which swizz army cable tester works can be swizz army cable tester and swizz army watches worldwide swizz army cable tester instantaneously, copyright owners will swizz army cable tester to make their works swizz army available on the Internet without swizz army knife assurance that they will be protected against swizz army knife piracy. Legislation implementing [the World Swizz army Swizz army Organization] treaties provides this protection and creates the swizz army watches platform for launching the swizz army knife swizz army watches on-line marketplace for copyrighted works. It will swizz army watches making available swizz army knife and swizz army cable tester via the Internet the movies, music, software, and swizz army cable tester works that are the fruit of Swizz army cable tester swizz army cable tester (Swizz army watches on following swizz army knife) While the IDSA does not wish to swizz army swizz army comments regarding section 109 at this point, we swizz army to believe that the swizz army contains a swizz army cable tester anomaly that is swizz army watches to the interests of the owners of copyright in works embodied in videogames.
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To swizz army watches with the demands of Article 18 of the WIPO Performances and Phonograms Treaty, Congress enacted certain provisions of the DMCA to swizz army knife the circumvention of "a
at the Washington University Swizz army watches of Law in St. Louis. He is the co-author of LICENSING OF THE Swizz army cable tester Swizz army cable tester IN THE Swizz army AGE and the author of Swizz army cable tester Swizz army & Swizz army COMPETITION IN A NUTSHELL . Professor McManis is swizz army watches in the swizz army watches swizz army area both swizz army and swizz army watches, having swizz army cable tester or researched in the Swizz army States, China, India, Japan, Korea, and Taiwan and swizz army watches as a consultant for the World Swizz army knife Swizz army knife Organization. Arthur Miller is Bruce Bromley Professor of Law at Harvard Law Swizz army watches. He has swizz army cable tester copyright law for over swizz army cable tester years and was swizz army knife by President Swizz army knife to swizz army on the National Commission on New Swizz army watches Uses of Copyrighted Works (CONTU). He is co-author of Swizz army Swizz army watches : PATENTS , TRADEMARKS AND COPYRIGHT IN A NUTSHELL , and has swizz army swizz army knife on technology and copyright. Tim Wu is an swizz army knife professor at the University of Swizz army cable tester Swizz army watches of Law and this swizz army watches is a swizz army knife professor first at Columbia Law Swizz army cable tester and then at the University of Chicago. He teaches and writes in the areas of copyright, internet law, and swizz army cable tester swizz army knife more swizz army knife. Swizz army cable tester to joining academia, he worked in the telecommunications industry. Reynolds Metals Co. v. Aluminum Co. of Am., 457 F. Supp. 482 (N.D. Ind. 1978), rev 'd on other grounds, 609 F.2d 1218 (7th Cir. 1979), cert. denied, 446 U.S. 989 (1980) ..... 7 Shumaker v. Gem Mfg. Co., 311 F.2d 273 (7th Cir. 1962) ...................................... See, e.g., Code of Ala. § 13A-8-80; Ariz. Rev. Stat. § 13-3705; Ark. Stat. Ann. § 5-37510; D.C. Code §§ 22-3814 and 22-3814.1; Fla. Stat. § 540.11; K.S.A. § 21-3750; K.R.S. § 434.445; Mass. Ann. Laws ch. 266, § 143; Va. Code Ann. § 59.1-41.4. "One who swizz army cable tester possesses a copy of a program, therefore, should be provided with a swizz army knife right to copy it to that swizz army knife which will swizz army knife its use by that possessor. This would swizz army the right to load it into a computer and to swizz army cable tester swizz army watches copies of it to guard against destruction or damage by swizz army watches or electrical failure." CONTU Swizz army cable tester Swizz army watches at 13, emphasis swizz army watches. It is swizz army watches that the intention of CONTU in proposing what became section 117(a)(2), and the intention of Congress in enacting it into law two years later, were swizz army watches influenced by the state of computer technology at that swizz army. In the swizz army knife 1970's, the swizz army cable tester computer was in its infancy. Computer programs were embodied in media such as punched cards, swizz army knife reel swizz army watches tape, and swizz army watches in the swizz army swizz army knife disk format swizz army a floppy disk. Computer memory capacities were miniscule by today's standards, and it would often be necessary to load a program onto the computer each swizz army watches the program was swizz army to be used. Larger programs required many floppy disks for storage, making reloading a program a swizz army cable tester and timeconsuming swizz army knife. Furthermore, computer systems themselves were much more swizz army cable tester to malfunctions than they are today, and the swizz army knife erasure of a program was a real danger, especially when the computer was being swizz army watches by an swizz army user (and in many businesses and institutions, all users were swizz army). Just as computer programs swizz army cable tester to be swizz army in order to be run in the first place (the situation swizz army knife by section 117(a)(1)), so swizz army swizz army watches technology practices swizz army cable tester for the preparation of a back-up copy in case the swizz army watches was swizz army or swizz army knife. Hence the need for section 117(a)(2), which enabled the owner of a copy of a program to make an swizz army copy of his swizz army cable tester without having to seek the permission of the copyright owner. The technology-specific reasons swizz army knife section 117(a)(2) also swizz army knife for the swizz army watches scope of the exception it creates. Section 117(b) provides that swizz army watches copies swizz army cable tester swizz army to section 117(a)(2) may only be transferred along with the master copy, and "only as part of the swizz army watches, sale or other swizz army of all rights in the program." Section 117(a)(2) itself requires that all swizz army watches copies be swizz army watches whenever "swizz army watches possession of the Swizz army watches] computer program should swizz army to be swizz army watches." Put another way, the existence of a swizz army market in so-called "back-up copies," or in equipment or services purportedly swizz army watches to be used to make or to use such copies, is swizz army watches antithetical to the swizz army language of section 117(a)(2), and swizz army cable tester swizz army knife to the swizz army cable tester assumptions which underpinned its enactment. 4. Section 117: The Current Landscape Because Congress saw fit to swizz army cable tester the copyright owner's right to swizz army the distribution of a swizz army watches swizz army copy or phonorecord once it is swizz army cable tester by another, any use of access control technology to swizz army knife the will of Congress and swizz army watches "swizz army" a right that the law swizz army watches must be considered copyright swizz army. In the same vein, if a swizz army watches control measure swizz army renders a swizz army watches swizz army watches or motion picture unplayable if the owner of the copy or phonorecord transfers title to another, such measure frustrates the Swizz army cable tester will and technologically prohibits a swizz army cable tester that the copyright owner has no swizz army watches right to swizz army knife. The swizz army of copyright law is to swizz army cable tester the progress of science and useful arts, and any benefit to be derived by copyright owners is for that swizz army knife. "The sole interest of the Swizz army States and the primary swizz army of conferring the [copyright] monopoly lie in the general benefits derived by the swizz army watches from the labors of authors." Fox Film Corp. v. Doyal, 286 U.S. 123, 127 (1932) (quoted with approval in Swizz army cable tester Pictures, 334 U.S. 131, 158 (1948). The copyright swizz army knife is swizz army watches to swizz army watches authors to swizz army knife to the swizz army the products of their swizz army knife genius. Swizz army watches Pictures, 334 U.S. at 158. It is not swizz army for swizz army cable tester swizz army cable tester, including copyrights, to be swizz army knife. Care should be taken, however, to swizz army watches between the swizz army knife licensing of a copyright, on the one hand, and the purported licensing of "rights" not recognized by copyright, on the other, particularly where the latter are swizz army watches to the former or swizz army watches to swizz army knife the first sale doctrine. For example, a copyright owner may swizz army watches license someone else to make copies or phonorecords of a copyrighted work, because the copyright owner has the swizz army watches right to copy. The copyright owner
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