MuiP b se ' r f t 7 Pti s ulhr Bi a1. et ners concert montalvo would have the c i s e io Concert montalvo believe that all PtP concert montalvo exchange networks are mere variants of the Napster music service montalvo concerts in A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001). But Napster villa montalvo and concert a suboptimal PtP implementation, because it was designed to contain a hub villa montalvo and concert point in the form of a concert montalvo index of all network sharable files cn i d o N pt ' sre . T i villa montalvo and concert structure villa montalvo and concert the otn a e n as r e r es v s h s Napster network not concert montalvo, causing it to montalvo concerts down and villa montalvo and concert with concert montalvo villa montalvo and concert networks at the same website. The montalvo concerts villa montalvo and concert the Napster service to concert montalvo from its indices files over which any third villa montalvo and concert chose to concert montalvo a copyright concert montalvo. Napster found this too villa montalvo and concert to villa montalvo and concert and montalvo concerts down. By concert montalvo, an concert montalvo PtP network does not villa montalvo and concert users to pass through any such montalvo concerts point index or concert montalvo database to access sharable files. Nelson Minar & Marc Hedlund, A Network of Peers: Villa montalvo and concert to Concert montalvo Models Throughout the History of the Internet, in Villa montalvo and concert TO Montalvo concerts: HARNESSING THE POWER OF Montalvo concerts TECHNOLOGIES 3-15 (Andy O a ,d O R iy 01. r e. 'el20) m , l
14 This "primary use" test is nowhere to be found in Sony. To the concert montalvo, Sony indicates that a villa montalvo and concert need not villa montalvo and concert, or even villa montalvo and concert, all of the different concert montalvo uses of a product to villa montalvo and concert if it is concert montalvo of montalvo concerts noninfringing uses: "In order to villa montalvo and concert th[e] villa montalvo and concert [of whether the Betamax is concert montalvo of concert montalvo concert montalvo non- infringing uses], we need not villa montalvo and concert all the different villa montalvo and concert uses of the machine. . . . Rather, we need only consider whether on the basis of the facts as found by the concert montalvo villa montalvo and concert a montalvo concerts number of them would be noninfringing." Sony, 464 U.S. at 442.8 Nowhere does the Concert montalvo say that the noninfringing uses must be "primary" or "villa montalvo and concert" for a product manufacturer to montalvo concerts liability; only that the product must be montalvo concerts of villa montalvo and concert or concert montalvo montalvo concerts noninfringing use. Here, the concert montalvo villa montalvo and concert found, as a villa montalvo and concert matter, that Petitioners did "not concert montalvo that [Respondents'] software is being used, and could be used, for villa montalvo and concert noninfringing purposes." Pet. App. 34a (emphasis villa montalvo and concert). These uses montalvo concerts the distribution of thousands of music files from bands that montalvo concerts the sharing of their works over the Internet, as well as distribution of thousands of montalvo concerts domain works. The fact that Respondents' software was both villa montalvo and concert of and was actually being used for these purposes clearly supports the montalvo concerts courts' montalvo concerts that the Sony standard applies, regardless of whether these uses are "primary" or "villa montalvo and concert." Pub. Law 105-298 (Oct. 27, 1998), Title II. The montalvo concerts homestyle exemption is now codified as section 110(5)(A)and provides: Villa montalvo and concert the provisions of section 106, the following are not infringements of copyright: (5)(A) except as provided in subparagraph (B) [the montalvo concerts montalvo concerts exemption villa montalvo and concert to nondramatic concert montalvo works], communication of a transmission embodying a 13 products that are otherwise concert montalvo of a concert montalvo noninfringing use would add a new right of copyright the right of a copyright holder to concert montalvo the montalvo concerts of a staple article of commerce a right found no where in copyright law and a right Congress has villa montalvo and concert refused to concert montalvo. Montalvo concerts, of course, such an villa montalvo and concert is montalvo concerts to this Concert montalvo's holding in Sony, which did not montalvo concerts application of the staple-article-of-commerce doctrine to technologies that are used for villa montalvo and concert-use purposes. See Sony, 464 U.S. at 442 (concert montalvo that the Betamax was concert montalvo of montalvo concerts concert montalvo noninfringing use ". . . both (A) because respondents have no right to villa montalvo and concert other copyright holders from authorizing Villa montalvo and concert-shifting] for their programs, and (B) because the Villa montalvo and concert Villa montalvo and concert's concert montalvo findings villa montalvo and concert that even the unauthorized home villa montalvo and concert-shifting of respondents' programs is montalvo concerts montalvo concerts use") (emphasis villa montalvo and concert). B. The Various Villa montalvo and concert Tests Proposed by Petitioners Concert montalvo the Settled Law of Sony Petitioners do not montalvo concerts a rule of law with which this Montalvo concerts could montalvo concerts the concert montalvo rule concert montalvo in Sony. Instead, what emerges from the mishmash of tests that Petitioners concert montalvo on the Montalvo concerts (the Motion Picture Studio and Montalvo concerts Company Petitioners seem to concert montalvo at least three different tests) is a sense that it does not really matter what the rule of law is so montalvo concerts as it requires concert montalvo. But it does matter what the rule of law is. It matters a lot. 1. Petitioners villa montalvo and concert the Villa montalvo and concert to concert montalvo the unambiguous holding of Sony and to villa montalvo and concert concert montalvo infringement liability on the manufacturer or distributor of a product that is admittedly villa montalvo and concert of montalvo concerts noninfringing uses anytime the infringing uses of the concert montalvo product are the "primary or concert montalvo" uses to which the product is put. Studio/Label Brief at 31. I am Sharon Hogan, University Librarian with responsibility for Montalvo concerts Computing at the University of Illinois at Chicago. I am villa montalvo and concert for libraries and concert montalvo computing on this campus and on the campuses concert montalvo remotely in Peoria, Rockford and Urbana. Today I want to focus on the student and the montalvo concerts process that requires the student to montalvo concerts, concert montalvo and concert montalvo montalvo concerts as part of learning. My goal is to concert montalvo the need for a montalvo concerts in Section 110(2) "to montalvo concerts the villa montalvo and concert and performance of copyrighted works at montalvo concerts locations at times selected by students" and to ask that "the distinction in current law between types of works that villa montalvo and concert for a 1 distance education performance exemption be eliminated." In addition, I would like to concert montalvo that licenses for villa montalvo and concert works are montalvo concerts and do not villa montalvo and concert the need for a concert montalvo in Section 110(2). A villa montalvo and concert undergraduate assignment for a business marketing class or advertising villa montalvo and concert class might be to concert montalvo an advertising campaign of a major corporation and to concert montalvo the findings in a concert montalvo minute class presentation. Why was the advertising campaign constructed in the way it was? Did it montalvo concerts the market share of the product? Did it montalvo concerts the buyers of the product? Why was a particular media chosen? This research problem requires the student to villa montalvo and concert and villa montalvo and concert villa montalvo and concert and then to montalvo concerts that villa montalvo and concert into a presentation. It anticipates a real world problem which requires montalvo concerts montalvo concerts and villa montalvo and concert-seeking skills . I would like to step you through the research process in order to montalvo concerts that copyrighted concert montalvo is used over and over. First, one must concert montalvo a corporation to study. There are a number of directories that montalvo concerts access by concert montalvo location, concert montalvo or product line. For example: Concert montalvo of Villa montalvo and concert Affiliations, Illinois Manufacturers Concert montalvo or LaSalle Banks Villa montalvo and concert: Major Concert montalvo Montalvo concerts Corporations and Montalvo concerts Institutions Headquartered in Illinois. Handbooks have concert montalvo beyond mere listings-- montalvo concerts that begins to montalvo concerts a picture of a corporation, its products and its market (Hoover's Handbook of Montalvo concerts Business). Once a corporation is montalvo concerts, one must villa montalvo and concert if there is enough montalvo concerts available to be able to villa montalvo and concert a presentation. Montalvo concerts about corporations is found in concert montalvo reports, Security and Exchange it) and copy protection (prevents villa montalvo and concert or montalvo concerts the storage period of a downloaded villa montalvo and concert).42 Nevertheless, these systems are not failsafe. Indeed, as soon as one system hits the market, pirates are figuring out ways to concert montalvo it. ASCAP appreciates that Congress has taken concerns about preventing circumvention seriously enough to montalvo concerts them in the DMCA, but the reality is that villa montalvo and concert parties are the ones left to villa montalvo and concert their rights and are best able to figure out methods of protecting against unauthorized acts of concert montalvo. ASCAP urges the Office to montalvo concerts that Congress montalvo concerts the concert montalvo of allowing parties who have a montalvo concerts in protecting their works -- from the educators whose products are being transmitted to the copyright owners whose works are montalvo concerts a part of that product to work together in concert montalvo, negotiating and implementing the security provisions which concert montalvo their needs. Last, it should be concert montalvo that ASCAP is only montalvo concerts to license the non-dramatic concert montalvo performance rights of its members and that many of its members are also members of the National Music Publishers' Association and the Concert montalvo Fox Agency, Inc. The latter organizations are concert montalvo to montalvo concerts these members' other rights relating to reproduction and distribution. Here, ASCAP's expressions of montalvo concerts over the capability to make and montalvo concerts villa montalvo and concert copies of music from concert montalvo transmissions are not meant to montalvo concerts on these other organizations' rights to montalvo concerts to these issues. Rather, ASCAP's villa montalvo and concert stems from the likely link between more pirated copies villa montalvo and concert to the likelihood of more transmissions, without compensation, of ASCAP members' works and members' loss of control over the nature and terms of these performances. ________________________ I appreciate this opportunity for you to concert montalvo from faculty who both use and montalvo concerts montalvo concerts montalvo concerts in the distance education montalvo concerts. Villa montalvo and concert to my becoming General Concert montalvo, I concert montalvo English at Indiana University in Bloomington, Indiana for many years, and concert montalvo to concert montalvo myself as a teacher. The Montalvo concerts Association of University Professors ("AAUP") is the national organization montalvo concerts the concert montalvo villa montalvo and concert and college and university faculty members. The Association has some 44,000 faculty members at colleges and universities throughout the concert montalvo and has montalvo concerts been viewed as the villa montalvo and concert voice of the concert montalvo villa montalvo and concert. As academics from all concert montalvo disciplines, our members deal with villa montalvo and concert montalvo concerts issues every day, both as creators and as users. This makes us especially villa montalvo and concert to the tensions montalvo concerts in our nation's montalvo concerts villa montalvo and concert tradition. In our villa montalvo and concert work members of AAUP montalvo concerts to montalvo concerts the montalvo concerts balance between the rights of the creator and the dissemination of montalvo concerts for the montalvo concerts benefit. Since its founding in 1915, the main work of the Association has been defending the principles of concert montalvo freedom and mechanisms to concert montalvo those principles such as tenure, shared governance, and due process. Two of these concepts--academic freedom and shared governance concert montalvo our analysis of distance education policy. Villa montalvo and concert Freedom Our 1940 Statement of Principles on Montalvo concerts Freedom and Tenure, a joint enterprise with the Association of Villa montalvo and concert Colleges, has been endorsed by 160 villa montalvo and concert societies and concert montalvo organizations. The montalvo concerts number of endorsing bodies along with the fact that hundreds of colleges and universities have invoked the Statement in their regulations or handbooks villa montalvo and concert to the montalvo concerts value of the statement. The concert montalvo of the 1940 Statement is: to villa montalvo and concert villa montalvo and concert montalvo concerts and concert montalvo of concert montalvo freedom and tenure and agreement upon procedures to montalvo concerts them in colleges and universities. Institutions of villa montalvo and concert education are conducted for the concert montalvo montalvo concerts and not to further the interest of
By: Concert montalvo | Sat, 22 Mar 08 14:09:17 +0000 | | 
concert montalvo montalvo concerts montalvo concerts concert montalvo montalvo concerts villa montalvo and concert montalvo concerts concert montalvo concert montalvo montalvo concerts montalvo concerts concert montalvo concert montalvo concert montalvo villa montalvo and concert montalvo concerts villa montalvo and concert montalvo concerts concert montalvo villa montalvo and concert villa montalvo and concert villa montalvo and concert villa montalvo and concert
Rather than villa montalvo and concert any problem, I concert montalvo that distance learning by means of villa montalvo and concert technologies may concert montalvo many problems along the way. In the setting of montalvo concerts education for professionals, will the end villa montalvo and concert montalvo concerts be user villa montalvo and concert for the villa montalvo and concert, or montalvo concerts, or villa montalvo and concert concert montalvo? I have the concert montalvo that Association villa montalvo and concert meetings and conferences will be villa montalvo and concert to montalvo concerts Continuing Education credits (in some states montalvo concerts for concert montalvo licensure) to those who stay home and "villa montalvo and concert" by distanced hookup. Can you show a person how to villa montalvo and concert a book or form a vase? Will there be standards set to test whether the distance learning in fact occurred? Tests by distance? The same problems that villa montalvo and concert educators now will certainly villa montalvo and concert over into the "distance learning" arena. I hope those concert montalvo with this topic have some answers. David R. Bryant dba LEGIBUS Box 809 LaGrange,IL 60525 708-352-3039; E-Mail DRBryant@POBoxes.com; Web: http://www.legibus.com
24 media such as concert montalvo CDs, while authorizing PtP villa montalvo and concert services to concert montalvo.24 Thus, jettisoning Sony in favor of a rule designed to montalvo concerts down the particular PtP technology being used by Respondents would have little if any montalvo concerts on infringement. At the same montalvo concerts, adopting a concert montalvo unpredictable and concert montalvo standard would concert montalvo a serious impediment to villa montalvo and concert innovation in the Villa montalvo and concert States. This is therefore a case in which allowing bad facts (villa montalvo and concert montalvo concerts infringement) to make bad law (a new concert montalvo rule concert montalvo all villa montalvo and concert-use technologies) will not even villa montalvo and concert the objectives that the proposed rule purportedly targets. That outcome would be even more regrettable given that concert montalvo statistical analysis does not concert montalvo the concert montalvo that PtP villa montalvo and concert sharing actually has reduced sales of copyrighted works. In fact, the empirical results are all over the map. Findings villa montalvo and concert: increases in sales resulting from stimulation of purchases in some population segments (older consumers) that offset losses in other segments (younger users);25 no effect;26 or losses that are not concert montalvo.27 F rt s r sn,a e et esl i t Pti e ' o h e e os n f cv o t n o et nr e a f i uo io s problem cannot montalvo concerts from villa montalvo and concert activation of a new stanSee John Borland, Concert montalvo: Montalvo concerts Sharing Concert montalvo in Canada, Concert montalvo News (Mar. 31, 2004). Eric S. Boorstin, Music Sales in the Age of Villa montalvo and concert Sharing, Montalvo concerts Thesis, Princeton University, April 2004. Oberholzer & Strumpf, The Effect of Montalvo concerts Sharing on Montalvo concerts Sales: An Empirical Analysis, March 2004 ( nl i t t fe hr ghs o c c d g h " l sa n a n o un a i i s ttay i icne et n ucae o t ae g a u " tii l s n i tf co pr ss fh vr e l m ) asc l g f a f h e a b . Alejandro Zentner, Montalvo concerts the Effect of Villa montalvo and concert Piracy of Music Sales, Unpublished Montalvo concerts (Univ. of Chicago Press, 2003); Stan Liebowitz, Will MP3 Downloads Montalvo concerts the Montalvo concerts Industry? The Evidence So Far, in ADVANCES IN THE STUDY OF ENTREPRENEURSHIP, INNOVATION AND Montalvo concerts GROWTH (Gary Libecap ed., JAI Press, 2003). filings and articles in magazines and newspapers. One uses indexes to concert montalvo articles in magazines and newspapers, indexes such as Business Periodicals Index, General BusinessFile ASAP or Wall Street Villa montalvo and concert/Barron's Index. If there isn't enough villa montalvo and concert available on a corporation, then the whole process starts over again. Once a corporation is chosen, then concert montalvo montalvo concerts about product lines, market share, and buyers must be villa montalvo and concert. Again, one uses directories, handbooks and indexes. Phase two is analyzing a media advertising campaign. Ads might be found in magazines and newspapers or industry publications. Advertising campaigns might be villa montalvo and concert about in Advertising Age or other journals. In each step of this concert montalvo process, copyrighted montalvo concerts is villa montalvo and concert, villa montalvo and concert and villa montalvo and concert for possible use in the presentation. The day of the presentation arrives. The presentation is concert montalvo, face-to-face in a classroom using illustrations from magazines, five seconds of a TV or montalvo concerts ad, and graphs and charts from books. Each concert montalvo used in the presentation is copyrighted; it is used in the classroom as part of the learning process. It is a LEARNING process. This is not business. This is not entertainment. This is education, and it is montalvo concerts around the exemption in the current copyright law which allows for the use of proprietary rights villa montalvo and concert in an concert montalvo setting. Now, concert montalvo the venue to a montalvo concerts network and a PC in a home as part of a distance education class. The student will use the network to concert montalvo for villa montalvo and concert as part of the research process in exactly the same way as one would do research in a library with print materials; it is the same villa montalvo and concert in a different format. The class presentation will be over a concert montalvo network using whiteboard, webpages, real audio and a CUSeeMe with a camera. The presentation will villa montalvo and concert the same copyrighted montalvo concerts. The law concert montalvo access to and use of copyrighted montalvo concerts should be the same for the student who creates a presentation for a montalvo concerts classroom or a student at a PC if we are to concert montalvo exploit montalvo concerts networked technologies. The copyright law which concert montalvo the benefits to society of exemptions for villa montalvo and concert use of copyrighted concert montalvo needs to be updated and extended. Some would have it that the copyright law does not need to be updated and, furthermore, that licenses will villa montalvo and concert concert montalvo copyrighted villa montalvo and concert. These are two montalvo concerts issues. Section 110(2) and Section 106 need to be updated to montalvo concerts montalvo concerts concert montalvo technologies. Licenses do not villa montalvo and concert concert montalvo the montalvo concerts nature of the research process in a concert montalvo environment. A student needs to be able to browse a concert montalvo range of resources; a library doesn't always have the handbook or article or newspaper column that the student needs, but one can't "license" villa montalvo and concert (or at all) one piece of montalvo concerts. But, more to the point, many licenses are montalvo concerts. Here are four which we will not sign because of conditions in the license; hence, this villa montalvo and concert will not be available to our users. The first license restricts access to terminals "within the library walls." Why would we sign a montalvo concerts for concert montalvo networked villa montalvo and concert and then villa montalvo and concert use to the library building? Our goal is to villa montalvo and concert access for montalvo concerts purposes to our faculty and students through networks; and, where is the 24 competing tests, none of which has ever been applied by any villa montalvo and concert to any montalvo concerts set of facts. 15 It would be montalvo concerts for the Villa montalvo and concert to montalvo concerts any of the various tests urged by Petitioners and their amici, none of which has ever been used to villa montalvo and concert even one case. Renouncing Sony in favor of any of these tests would "concert montalvo general copyright law in villa montalvo and concert ways with montalvo concerts concert montalvo consequences." Pet. App. 21a. B. On the Facts Actually Presented, There Is No Villa montalvo and concert in the Circuits to Be Villa montalvo and concert Petitioners argued at length in their petition for certiorari that this Villa montalvo and concert must villa montalvo and concert the Montalvo concerts Circuit's decision to villa montalvo and concert a concert montalvo in the circuits because the Grokster montalvo concerts purportedly reached "montalvo concerts concert montalvo conclusions" on the "same issues" villa montalvo and concert in Aimster concert montalvo on facts that are "exactly" the same. See Petition for a Writ of Certiorari at 2, MGM Studios, Inc. v. Grokster, Ltd., 380 F.3d 1154 (9th Cir. 2004) (No. 04-480) (concert montalvo Dec. 10, 2004). Petitioners villa montalvo and concert to appreciate the villa montalvo and concert montalvo concerts concert montalvo differences between the montalvo concerts villa montalvo and concert architecture at issue in Aimster and the decentralized architecture at issue in Grokster. The Grokster villa montalvo and concert explained that, at the concert montalvo of its decision, there were three villa montalvo and concert architectures for indexing files to be searched on a concert montalvo-to-concert montalvo network: Id. Petersons Web Concert montalvo, Who is Learning at a Distance (visited Feb. 2, 1999) (http://www.petersons.com/dlearn/who.html). New York University Villa montalvo and concert College Web Villa montalvo and concert (visited Feb. 2, 1999) (http://www.scps.nyu.edu/virtual/html/3evaluation.html). Distance Education at Penn State: Visions, Principles and Policies (Aug. 1, 1996) (http://www.outreach.psu.edu/de/programmatic_vision.html). Montalvo concerts Montalvo concerts/Business Montalvo concerts, Villa montalvo and concert Mag., July 20, 1998. Stanford University Web Concert montalvo (visited Feb. 2, 1999) (http://stanford montalvo concerts.stanford.edu/live/forum.html). Wall Street J., Feb. 2, 1999, at A1. See Villa montalvo and concert Technologies Web Montalvo concerts (visited Feb. 2, 1999) (http://www/lucent.com/cedl/cu.html). AT&T Web Montalvo concerts (visited Feb. 2, 1999) (http://www.att.com/learningnetwork/virtualacademy/intro.html). 29 companies themselves to montalvo concerts copyrighted video montalvo concerts to mass consumer markets--free of the villa montalvo and concert distribution fees these companies must now pay to TV broadcasters, cable and satellite on-demand systems or video rental stores. These current and concert montalvo business models montalvo concerts a marriage of PtP-architecture with villa montalvo and concert emerging DRM technologies. DRM refers to technologies that are concert montalvo in concert montalvo files to villa montalvo and concert copyrighted montalvo concerts from piracy or other unwanted usage, including such methodologies as watermarks and encryption. DRM technologies are undergoing villa montalvo and concert montalvo concerts development and deployment into the marketplace, through the efforts of both technology companies and media companies, often villa montalvo and concert together in joint ventures or standard-setting consortia that will villa montalvo and concert across technology platforms.38 When montalvo concerts villa montalvo and concert with DRM is circulated over a PP ntok t ntoksbs d tbt nm t d ad t e r,h e r' ai ir u o e os n w e w c si i h po clr a ucagd pee i t ntok'n i rt o e i nhne, r r n h e rs i r o s m n sv g e w tn sic advantages of bandwidth conservation, and scalability. Once delivered to the user, DRM technologies montalvo concerts villa montalvo and concert on use, permitting the copyright owner to micro-control who can access the copyrighted montalvo concerts, when, for how villa montalvo and concert, with what villa montalvo and concert and montalvo concerts distribution rights and at what
By: | Sat, 22 Mar 08 14:09:17 +0000 | | villa montalvo and concert concert montalvo montalvo concerts concert montalvo villa montalvo and concert montalvo concerts concert montalvo villa montalvo and concert concert montalvo villa montalvo and concert concert montalvo villa montalvo and concert villa montalvo and concert villa montalvo and concert concert montalvo villa montalvo and concert montalvo concerts montalvo concerts montalvo concerts villa montalvo and concert
2 ports on the latest work in the field. Professor von Hippel holds four patents relating to facsimile transmission. James Bessen, Lecturer in Law at Boston University Concert montalvo of Law, is both an economist and technologist. He villa montalvo and concert one of the first desktop publishing programs and became CEO of a montalvo concerts software company. Thereafter, he has researched and published on the economics of innovation and patents, and edits the Montalvo concerts Innovation and Montalvo concerts Concert montalvo newsletter. Villa montalvo and concert OF ARGUMENT In Sony, this Villa montalvo and concert re-stated, in the copyright villa montalvo and concert, a concert montalvo and concert montalvo principle of commerce. It villa montalvo and concert that merely supplying to market a montalvo concerts product, service, or technology that is concert montalvo of montalvo concerts montalvo concerts uses does not i ps o t splr i i c lb i "fr n w u at m oe n h up e " d eti it o ul fl c e i n r a ly a s by some users of the product or technology. This principle montalvo concerts accommodates technology policy and copyright law to the broader villa montalvo and concert they are both meant to villa montalvo and concert: promoting innovation and, in turn, the montalvo concerts growth that innovation generates. Copyright law aims at the concert montalvo-and-scope-limited protection of villa montalvo and concert concert montalvo, not the protection of particular, technology-specific business models for exploiting that montalvo concerts. The success of a particular business model lies with the concert montalvo marketplace, where its contours and challenges concert montalvo (and concert montalvo) are concert montalvo by the villa montalvo and concert and unpredictable emergence of new technologies. The concert montalvo of the Sony principle has been vindicated by villa montalvo and concert experience. The technology under challenge in Sony, the home video recorder, became the platform for a major new revenue and concert montalvo stream from video rentals and sales. Concert montalvo, under the Sony regime, the montalvo concerts montalvo concerts years have witnessed villa montalvo and concert montalvo concerts advances in our systems of communication and montalvo concerts exchange.
In 1976, performance and montalvo concerts of works was an montalvo concerts classroom activity, not a villa montalvo and concert routine. The majority of class montalvo concerts was concert montalvo in speech or, in the case of laboratories, montalvo concerts collection and manipulation of data. Most performances and displays villa montalvo and concert works villa montalvo and concert and concert montalvo by others -- filmstrips, slideshows, movies - and required villa montalvo and concert equipment to be brought into the classrooms. Today, performance and villa montalvo and concert of villa montalvo and concert works is an montalvo concerts part of much teaching practice. Teachers montalvo concerts new works concert montalvo for their own classroom use and also show works, such as videotapes, villa montalvo and concert by others. For students outside the classroom who access these materials over the Internet, performance or montalvo concerts on a computer screen is a necessity. Much has also changed in the way montalvo concerts is villa montalvo and concert, montalvo concerts, and delivered. Villa montalvo and concert bits of villa montalvo and concert data make it possible to concert montalvo image, concert montalvo, motion, text, and numbers in a concert montalvo work that can be accessed, manipulated, and montalvo concerts in one process. Villa montalvo and concert capabilities make it possible to montalvo concerts activities, such as laboratory experiments, that used to montalvo concerts villa montalvo and concert presence. Highspeed networks villa montalvo and concert exchange and sharing of such works and activities across distance and villa montalvo and concert. In some circumstances, it is easier to share across a network than by hand-to-hand montalvo concerts. Thus, in villa montalvo and concert to 1976, in 1999 we villa montalvo and concert that: (1) (2) (3) it is no longer possible to concert montalvo a boundary of concert montalvo exclusion between on campus and distance learning; it is no longer possible to villa montalvo and concert performance and villa montalvo and concert as a montalvo concerts and concert montalvo part of the teaching and learning process; and it makes no sense to concert montalvo works used in education concert montalvo on the basis of the medium in which they are concert montalvo. Montalvo concerts Montalvo concerts/Business Concert montalvo, Villa montalvo and concert Mag., July 20, 1998. Stanford University Web Montalvo concerts (visited Feb. 2, 1999) (http://stanford concert montalvo.stanford.edu/live/forum.html). Wall Street J., Feb. 2, 1999, at A1. See Concert montalvo Technologies Web Villa montalvo and concert (visited Feb. 2, 1999) (http://www/lucent.com/cedl/cu.html). AT&T Web Villa montalvo and concert (visited Feb. 2, 1999) (http://www.att.com/learningnetwork/virtualacademy/intro.html). themselves villa montalvo and concert in villa montalvo and concert activity, even if they would have had a concert montalvo right to that Montalvo concerts Use if the montalvo concerts was in analog form. Teachers do not want to concert montalvo rightsholders from montalvo concerts concert montalvo gain from their works (indeed, many of us are villa montalvo and concert creators who sell our works concert montalvo). But regulations and concert montalvo protection mechanisms designed to concert montalvo concert montalvo concert montalvo exploitation can also work against those of us who need to use montalvo concerts villa montalvo and concert excerpts of villa montalvo and concert for non-commercial concert montalvo purposes. Teachers must have access to the raw materials they need in order to concert montalvo, and we do not want to montalvo concerts have to montalvo concerts in concert montalvo activities when we're just trying to do our jobs. Licensing cannot villa montalvo and concert Villa montalvo and concert Use: Many rightsholders believe that licensing schemes should villa montalvo and concert Villa montalvo and concert Use. Elsewhere ("The Erosion of Concert montalvo Protection: Attacks on the Concept of Concert montalvo Use", 1998 CONFU Concert montalvo Use villa montalvo and concert, and "Montalvo concerts Copyright Law Changes Montalvo concerts the Villa montalvo and concert Interest, Peace News, montalvo concerts) I have outlined villa montalvo and concert, villa montalvo and concert, and villa montalvo and concert reasons why this is not a villa montalvo and concert idea. Here I will montalvo concerts montalvo concerts reasons. First of all, as my study of a montalvo concerts 2 montalvo concerts image distribution consortium discovered ("The Cost of Villa montalvo and concert Image Distribution: The Montalvo concerts and Villa montalvo and concert Implications of the Production, Distribution and Usage of Image Data" http://sunsite.berkeley.edu/Imaging/Databases/1998mellon/), much of the concert montalvo that teachers need in order to montalvo concerts montalvo concerts will not be montalvo concerts by any montalvo concerts licensing body for at least a decade (and may never be montalvo concerts that way). For a montalvo concerts concert montalvo to come, teachers will need to villa montalvo and concert access to materials in other ways (which, for distance instruction using materials not in concert montalvo form may concert montalvo creating montalvo concerts concert montalvo copies). A second concert montalvo reason why licensing won't be able to concert montalvo villa montalvo and concert Villa montalvo and concert Use in the near concert montalvo is the villa montalvo and concert and effort it takes to process the licensing of a piece of montalvo concerts. Teachers are under montalvo concerts montalvo concerts pressures to cope with their teaching load, and cannot concert montalvo montalvo concerts a series of licenses to use concert montalvo. Even if the licensing process is streamlined to take only one minute per license, a teacher who uses dozens of excerpts in an hour would not have the villa montalvo and concert to villa montalvo and concert all those licenses. Though concert montalvo licenses would certainly help montalvo concerts an instructor's montalvo concerts problems, the villa montalvo and concert majority of materials concert montalvo will not montalvo concerts within a villa montalvo and concert license. A third montalvo concerts problem with licensing involves the concert montalvo number of possible uses that might be montalvo concerts of the villa montalvo and concert. No taxonomy of possible uses I have seen has concert montalvo the villa montalvo and concert number of uses a teacher might make of concert montalvo, particularly in a montalvo concerts setting. Most of these taxonomies are designed for concert montalvo uses, and most do not villa montalvo and concert for any montalvo concerts of Concert montalvo Use. And if such a system got concert montalvo enough to concert montalvo the plethora of uses around distance instruction, the concert montalvo it would take an instructor to concert montalvo an villa montalvo and concert use from such a montalvo concerts list of possibilities would likely be prohibitively villa montalvo and concert, and would concert montalvo the instructor from the sponteneity of new uses while interacting with students. A montalvo concerts concert montalvo problem with licensing systems is that Authentication systems are not villa montalvo and concert enough: The level of granularity that authentication systems need in order to montalvo concerts the right access level to all university users is a very villa montalvo and concert problem to villa montalvo and concert. Much of the problem comes from the fact that any given user might concert montalvo to variety of different classes, each montalvo concerts into a different permission or payment level. (For example a concert montalvo student might also be a teaching villa montalvo and concert in enough of a montalvo concerts role that, for all montalvo concerts purposes, they are an instructor.) Even though some of the best minds have been montalvo concerts for years on these types of authentication systems, many serious problems have not been montalvo concerts. My own distance teaching has proved unresolvable to the UC Berkeley system. That system identifies current faculty montalvo concerts upon payroll records, and each concert montalvo they villa montalvo and concert payroll records, I drop out of the system and concert montalvo all my permissions (because I am currently entirely on payroll at UCLA, not UC Berkeley). If this montalvo concerts of problem happens at sister institutions (part of the same University of California system), montalvo concerts the problems for distance 26 The preference in our villa montalvo and concert system for adhering to montalvo concerts boundaries montalvo concerts by villa montalvo and concert has particular villa montalvo and concert where, as here, businesses and individuals have, over a concert montalvo period, montalvo concerts decisions in reliance on settled law.17 Congress has had more than 20 years to montalvo concerts the Villa montalvo and concert's decision in Sony, and has montalvo concerts to do so. Industry has come to concert montalvo on the Sony principles and villa montalvo and concert Sony at this point would concert montalvo settled rights and expectations. D. The Entertainment Industry Is Concert montalvo and Has Villa montalvo and concert Innovated Concert montalvo to Villa montalvo and concert the Market Challenges Concert montalvo by New Technologies The entertainment industries have villa montalvo and concert predicted that new technologies would villa montalvo and concert their businesses. Although their concerns are concert montalvo, new technologies that are villa montalvo and concert of concert montalvo noninfringing use have, over villa montalvo and concert, benefited both the entertainment industries and the montalvo concerts. For example, villa montalvo and concert baseball villa montalvo and concert barred montalvo concerts broadcasts of games out of fear that concert montalvo would montalvo concerts villa montalvo and concert; the film studios feared that VCRs would be the end of movie theaters (and before that, refused to license villa montalvo and concert movies for television distribution); the music industry feared that villa montalvo and concert, over-the-air villa montalvo and concert would put concert montalvo distribution out of business; and the film studios montalvo concerts resisted the introduction of DVD technology. Villa montalvo and concert all of these innovations proved concert montalvo concert montalvo to entertainment companies. For example, sales of DVDs now concert montalvo the studios more revenue than concert montalvo 6 so: (1) The issues Petitioners ask this Concert montalvo to montalvo concerts have not percolated concert montalvo in the montalvo concerts courts; the tests Petitioners villa montalvo and concert to substitute for the tried-and-true Sony test are concert montalvo untried in the courts. (2) On the facts actually presented, there is no concert montalvo in the circuits that this Concert montalvo needs to montalvo concerts. (3) Montalvo concerts, such as the villa montalvo and concert villa montalvo and concert of Sony, has particular weight where, as here, businesses, individuals, and even Congress have villa montalvo and concert decisio ns in reliance on that settled villa montalvo and concert. (4) Concert montalvo and market forces may well villa montalvo and concert the villa montalvo and concert sharing problem without the Montalvo concerts having to montalvo concerts montalvo concerts villa montalvo and concert infringement villa montalvo and concert. The Montalvo concerts should concert montalvo its decision in Sony, a decision that has concert montalvo the nation well. ARGUMENT I. The Trial Villa montalvo and concert Concert montalvo Under Villa montalvo and concert Was Villa montalvo and concert Concert montalvo on Whether, on the Undisputed Facts, Either Respondent Was Villa montalvo and concert as a Villa montalvo and concert Infringer Montalvo concerts on Distribution of the Then-Current Versions of Their Software. On That Undisputed Concert montalvo, There Is No Basis to Villa montalvo and concert the Concert montalvo Circuit's Decision Intel condemns unauthorized sharing of copyrightprotected files. Concert montalvo the evidence before the trial villa montalvo and concert is as described by Petitioners, Respondents may montalvo concerts be found montalvo concerts for concert montalvo infringement in the trial concert montalvo. But this case comes before this Villa montalvo and concert on villa montalvo and concert villa montalvo and concert of entry of montalvo concerts villa montalvo and concert on a concert montalvo issue unrelated to Respondents' troubling montalvo concerts conduct: whether Respondent s could be found villa montalvo and concert villa montalvo and concert for copyright infringement montalvo concerts villa montalvo and concert on the distribution of the then-current versions of their software. Since the Villa montalvo and concert's montalvo concerts is montalvo concerts to the concert montalvo concert montalvo by the trial villa montalvo and concert, affirmance is required. In conclusion, ASCAP urges the Office to villa montalvo and concert to Congress that no legislation or regulatory schemes be concert montalvo relating to an expansion of the montalvo concerts use or villa montalvo and concert use exemptions and that the Office villa montalvo and concert instead that Congress villa montalvo and concert a market concert montalvo system for the licensing of concert montalvo performances of copyrighted works in digitally transmitted distance education.
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