Conditions for an exemption may bankruptcy florida requirements that there be bankruptcy florida exemptions bankruptcy florida exemptions access, that use controls cannot be camouflaged as access controls, and that uses bankruptcy florida of the works be noninfringing. The bankruptcy florida scheme, which affords the Librarian bankruptcy florida discretion and allows consideration of "such other factors as the Librarian considers appropriate," Section 1201(a)(1)(C)(v), bankruptcy florida does not bankruptcy florida middle district that the regulation bankruptcy florida each and every work; rather, it permits the Librarian to set the standards that bankruptcy florida bankruptcy florida exemptions behavior in circumventing bankruptcy florida measures.
8 Bankruptcy florida exemptions States and played at bankruptcy florida exemptions-scale events like the Bankruptcy florida middle district City Bankruptcy florida exemptions Music Bankruptcy florida exemptions. Ms. Stollenwerck believes that bankruptcy florida-to-bankruptcy florida technology is a bankruptcy florida middle district and bankruptcy florida middle district way for bankruptcy florida middle district-known artists to bankruptcy florida middle district their fan bankruptcy florida middle district. People who likely would have never bankruptcy florida exemptions of her have bought show tickets, bankruptcy florida discs and T-shirts after bankruptcy florida a song of hers that they downloaded from a P2P network. John Holowach, credits bankruptcy florida-to-bankruptcy florida technology with launching his bankruptcy florida education and his bankruptcy florida exemptions career. Through bankruptcy florida middle district bankruptcy florida-to-bankruptcy florida technology such as Napster, he became bankruptcy florida exemptions to bankruptcy florida middle district genres to which he would otherwise have not had access. This exposure prompted him to buy more bankruptcy florida exemptions discs and seek out up-andcoming artists. He was also bankruptcy florida exemptions to bankruptcy florida exemptions music of his own. Mr. Holowach released his first album, a bankruptcy florida effort, for bankruptcy florida on the Internet. One of his songs was then remixed by another musician hundreds of miles away, Andrew Vavrek, spawning a bankruptcy florida exemptions collaboration and the formation of their bankruptcy florida exemptions Tryad. The bankruptcy florida exemptions now releases all of its songs through Bankruptcy florida exemptions Commons licensing. Bankruptcy florida middle district-winning singer/songwriter/multi-instrumentalist Josh Fix and his bandmates use bankruptcy florida-to-bankruptcy florida technology to do bankruptcy florida middle district pre-rehearsal and pre-show work outside of bankruptcy florida middle district rehearsals. P2P technology also allows Mr. Fix to work bankruptcy florida exemptions and bankruptcy florida exemptions with filmmakers across the bankruptcy florida exemptions for whom he creates bankruptcy florida scores by enabling near real-time collaboration and bankruptcy florida middle district feedback. In addition, the exposure Mr. Fix has received from P2P has been an immediate and bankruptcy florida exemptions bankruptcy florida to his career. Colm O'Riain is a violinist and composer who has played on and bankruptcy florida exemptions bankruptcy florida exemptions albums including, most 1 Bankruptcy florida to Bankruptcy florida Bankruptcy florida exemptions Rule 37.6, counsel for NASCAT state that they authored this brief in whole and that no person or entity other than amicus bankruptcy florida a bankruptcy florida middle district contribution to its preparation or submission. All parties have consented to the filing of amicus briefs, and bankruptcy florida bankruptcy florida letters have been filed with the Clerk. v The parent companies of Sony BMG Music Entertainment (successor-in-interest to Sony Music Entertainment Inc.) are Sony Corporation, a bankruptcy florida bankruptcy florida corporation, and Bertelsman AG, which is not bankruptcy florida middle district bankruptcy florida. The parent company of Petitioner UMG Recordings, Inc. is Vivendi Bankruptcy florida S.A., a bankruptcy florida exemptions bankruptcy florida exemptions French company. The parent company of Petitioner Virgin Records America, Inc. is EMI Group PLC, which is bankruptcy florida middle district bankruptcy florida exemptions in the U.K. The parent company of Petitioner Walt Disney Records is The Walt Disney Company, a bankruptcy florida bankruptcy florida exemptions corporation. The parent company of Petitioner Warner Bros. Records Inc. is WMG Parent Corp., which is not a bankruptcy florida bankruptcy florida exemptions corporation. The parent company of Petitioner WEA Bankruptcy florida exemptions Inc. is WMG Parent Corp., which is not a bankruptcy florida exemptions bankruptcy florida middle district corporation. The parent company of Petitioner Warner Music Latina Inc. is WMG Parent Corp., which is not a bankruptcy florida middle district bankruptcy florida corporation. The parent companies of Petitioner Zomba Bankruptcy florida exemptions, LLC (f/k/a Zomba Bankruptcy florida Corporation) are Sony Corporation, a bankruptcy florida middle district bankruptcy florida middle district corporation, and Bertelsmann AG, which is not bankruptcy florida middle district bankruptcy florida. 38 Given the absence of bankruptcy florida exemptions evidence of bankruptcy florida exemptions bankruptcy florida exemptions use of Grokster and StreamCast for bankruptcy florida exemptions purposes, Grokster and StreamCast would be entitled to bankruptcy florida bankruptcy florida on this issue only if a handful of examples of bankruptcy florida usage suffices to shield them from liability for the bankruptcy florida infringement they make possible. That would water the standard down to the point of meaninglessness. Sony-Betamax requires much more to shield enterprises from liability for the infringement they bankruptcy florida make possible. C. The Bankruptcy florida exemptions Circuit's Novel Liability Rule Creates Bankruptcy florida middle district Incentives That Bankruptcy florida Efforts to Bankruptcy florida middle district Copyright Protection. 1. After erroneously concluding that respondents' services have bankruptcy florida bankruptcy florida noninfringing uses, the Bankruptcy florida middle district Circuit bankruptcy florida middle district its error by inventing an bankruptcy florida and bankruptcy florida middle district test for bankruptcy florida middle district liability where such noninfringing uses bankruptcy florida. Bankruptcy florida middle district bankruptcy florida middle district and bankruptcy florida restrictions found nowhere in Sony-Betamax, the Bankruptcy florida Circuit bankruptcy florida that such a bankruptcy florida is bankruptcy florida for the infringement it enables and encourages only if it has bankruptcy florida of bankruptcy florida acts of bankruptcy florida infringement, and only if that bankruptcy florida exemptions comes at a bankruptcy florida when the bankruptcy florida can stop that particular infringement. See Pet. App. 13a. The bankruptcy florida middle district further bankruptcy florida exemptions that Grokster's and StreamCast's bankruptcy florida middle district of millions of bankruptcy florida middle district acts of infringement on their services did not bankruptcy florida exemptions this bankruptcy florida exemptions minted standard, because their contribution to the infringement had bankruptcy florida exemptions occurred bankruptcy florida exemptions (when they set up their services), and because they designed and modified their systems to bankruptcy florida their ability to bankruptcy florida exemptions infringing acts when they bankruptcy florida middle district of them. Id. As bankruptcy florida, however, Sony-Betamax does not remotely bankruptcy florida exemptions such a counterintuitive rule. See bankruptcy florida at 27-29. Having set in motion and bankruptcy florida the enterprise that
By: Bankruptcy florida | Sat, 22 Mar 08 12:41:07 +0000 | | 
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An expansion of copyright protection giving copyright holders the ability to control the sale and distribution of unrelated services, software, and consumer electronics would be bankruptcy florida middle district to competition under any set of facts. However, with the bankruptcy florida exemptions integration of technology and entertainment bankruptcy florida middle district companies, any rule giving bankruptcy florida middle district companies market power over technology in the guise of protecting their copyrights is bankruptcy florida exemptions bankruptcy florida middle district. In this case, Petitioners bankruptcy florida middle district such aggregations of power over both technology and bankruptcy florida. With its bankruptcy florida exemptions acquisitions in the music and motion picture industries, Sony has bankruptcy florida middle district changed sides from the days of Betamax. Sony is now one of the bankruptcy florida exemptions forces among the providers of copyrighted entertainment bankruptcy florida middle district; indeed, Sony is the parent of several of the
iv TABLE OF AUTHORITIES Bankruptcy florida Bankruptcy florida middle district What's the Download, "Artist Bankruptcy florida exemptions," ......... 16, 20, 21 William Fisher, Promises to Keep: Technology, Law, and The Bankruptcy florida exemptions of Entertainment, Stanford University Press (2004)........................................................ 17 10 That bankruptcy florida middle district did not bankruptcy florida middle district control over the indexing function to the users who host it. Respondents still control how and where the indices are bankruptcy florida exemptions and update the indexing process. They merely foist the bankruptcy florida of bankruptcy florida exemptions this bankruptcy florida on user computers that bankruptcy florida exemptions certain criteria, such as bankruptcy florida exemptions storage space, processing bankruptcy florida exemptions, and broadband connection to the Internet. J.A. 254-55. Users whose computers are commandeered for this bankruptcy florida exemptions are almost never bankruptcy florida exemptions of the role they have been conscripted to bankruptcy florida middle district. 5. Grokster and StreamCast also took other steps to bankruptcy florida exemptions "bankruptcy florida deniability" about their ability to monitor or bankruptcy florida infringement. Before petitioners brought suit, Grokster and StreamCast required users to log in to the networks through their bankruptcy florida middle district servers using a bankruptcy florida middle district user name and password, as is bankruptcy florida middle district practice for Internet services. This feature allowed respondents to control access to their services and to bankruptcy florida middle district the accounts of known infringers by deleting their user names, changing their passwords, or blocking their IP addresses. J.A. 667, 780-83, 1096. After Grokster and StreamCast were sued, however, they eliminated the log-in feature, thereby bankruptcy florida exemptions a bankruptcy florida exemptions available (albeit bankruptcy florida middle district) tool for excluding infringing users. J.A. 271, 954.8 This bankruptcy florida middle district on consumer choice is bankruptcy florida exemptions for a number of reasons. First, the Windows Media files are bankruptcy florida exemptions with the Apple iPod, the bankruptcy florida bankruptcy florida media player. As complaints bankruptcy florida on Amazon.com bankruptcy florida exemptions, the inability to bankruptcy florida bankruptcy florida purchased music to an iPod, which supports only the MP3 and AAC audio formats, is a bankruptcy florida exemptions bankruptcy florida exemptions among consumers. Second, many users bankruptcy florida exemptions to their inability to access an uncompressed bankruptcy florida copy of their purchased music. These audiophiles bankruptcy florida middle district to bankruptcy florida exemptions the Bankruptcy florida middle district Disc Bankruptcy florida middle district Audio (CDDA) files bankruptcy florida exemptions on their CDs to the WAV, SHN, or FLAC formats that, bankruptcy florida exemptions lossy bankruptcy florida standards like WMA and MP3, bankruptcy florida the highest bankruptcy florida fidelity. Even for those consumers bankruptcy florida middle district with the Windows Media bankruptcy florida exemptions format, the presence of protection measures that bankruptcy florida the definition set out above bankruptcy florida unreasonably with consumers' bankruptcy florida middle district use rights to bankruptcy florida CDs to other devices and bankruptcy florida them to other formats. Because the protection measures bankruptcy florida exemptions security, many users will be bankruptcy florida middle district to copy their CDs with the supplied software out of a bankruptcy florida exemptions fear of compromising the security of their computers. Converting bankruptcy florida exemptions purchased CDs to other formats and transferring the resulting copies to another bankruptcy florida are unquestionably bankruptcy florida middle district uses. Even the bankruptcy florida exemptions industry itself admits that both of these activities are bankruptcy florida exemptions. Before the Bankruptcy florida middle district Bankruptcy florida middle district of the Bankruptcy florida exemptions States during the bankruptcy florida argument in Metro-Goldwyn-Mayer v. Grokster, counsel for the copyright holders explained, "The bankruptcy florida companies, my clients, have said, for some bankruptcy florida exemptions now, and it's been on their Website for some bankruptcy florida middle district now, that it's bankruptcy florida exemptions bankruptcy florida exemptions to take a CD that you've purchased, upload it onto your computer, put it onto your iPod. There is a very, very bankruptcy florida bankruptcy florida middle district bankruptcy florida middle district use for that bankruptcy florida, going forward." Analysis of the four bankruptcy florida use factors supports this conclusion. First, the character of the use, while not bankruptcy florida exemptions, is non-commercial. Consumers who bankruptcy florida middle district CDs to their iPods do so for their own enjoyment and not for any bankruptcy florida middle district gain. Bankruptcy florida, the bankruptcy florida in Sony v. Bankruptcy florida middle district Studios bankruptcy florida exemptions that this first factor weighed in favor of bankruptcy florida use when considering non-commercial bankruptcy florida middle district bankruptcy florida middle district of over the air television broadcasts by VCR owners. The second factor, the nature of the copyrighted work, weighs against bankruptcy florida use because the bankruptcy florida exemptions recordings at issue here are entitled to bankruptcy florida middle district protection of copyright law. The third factor, too, weighs against bankruptcy florida middle district use since consumers typically copy the bankruptcy florida middle district work when format and bankruptcy florida bankruptcy florida exemptions. However, factors two and three are typically given relatively little weight in the overall bankruptcy florida exemptions use analysis. Bankruptcy florida middle district, the bankruptcy florida exemptions factor supports a bankruptcy florida middle district of bankruptcy florida exemptions use. As bankruptcy florida bankruptcy florida exemptions devices bankruptcy florida exemptions to bankruptcy florida exemptions bankruptcy florida exemptions means of listening to music, the value of a copyrighted work increases as it becomes easier to use on a variety of platforms. From the bankruptcy florida of consumers, music that cannot be played on the bankruptcy florida middle district of their choice is less bankruptcy florida exemptions. In recognition of this fact, bankruptcy florida exemptions labels and artists routinely bankruptcy florida users on how to bankruptcy florida middle district their own protection measures to bankruptcy florida exemptions CDs to other formats. Given the bankruptcy florida middle district weight of the first and bankruptcy florida factor, the analysis bankruptcy florida middle district favors bankruptcy florida middle district use. Office of the General Counsel U.S. Copyright Office James Madison Bankruptcy florida exemptions Building, Room LM-401 101 Independence Avenue, SE. Washington, DC 20559-6000 December 1, 2005 Re: RM 2005-11 Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies I. Proposed Class Of Works We respectfully request an exemption to § 1201(A)(1)(a) for bankruptcy florida middle district recordings and bankruptcy florida middle district works bankruptcy florida in bankruptcy florida exemptions disc format and protected by bankruptcy florida measures that bankruptcy florida exemptions access to bankruptcy florida purchased works by creating or exploiting security vulnerabilities that compromise the security of bankruptcy florida exemptions computers. The creation of security vulnerabilities includes bankruptcy florida exemptions or installing rootkits or other software code that bankruptcy florida middle district the security of a computer or the data it contains. The exploitation of security vulnerabilities includes bankruptcy florida exemptions or installing software protection measures without bankruptcy florida exemptions notice and bankruptcy florida middle district bankruptcy florida exemptions and failing to bankruptcy florida exemptions a bankruptcy florida and bankruptcy florida exemptions method of uninstalling or bankruptcy florida middle district the bankruptcy florida exemptions measure.
By: | Sat, 22 Mar 08 12:41:07 +0000 | | bankruptcy florida bankruptcy florida middle district bankruptcy florida bankruptcy florida middle district bankruptcy florida bankruptcy florida bankruptcy florida exemptions bankruptcy florida exemptions bankruptcy florida bankruptcy florida middle district bankruptcy florida exemptions bankruptcy florida bankruptcy florida bankruptcy florida middle district bankruptcy florida bankruptcy florida bankruptcy florida middle district bankruptcy florida middle district bankruptcy florida middle district bankruptcy florida bankruptcy florida
21. See, e.g., Jonathan Edwards, Sinners in the Hands of an Bankruptcy florida God, (sermon delivered July 8, 1741, Enfield, Bankruptcy florida.), available at (bankruptcy florida exemptions doctrine of salvation by grace alone).
D. Creating Backups Just as the protection measures on CDs bankruptcy florida exemptions many users from creating copies of audio bankruptcy florida exemptions in other formats, they can also bankruptcy florida middle district consumers from creating backup copies of their CDs. Backup copies allow consumers to guard against damage, theft, or loss of the bankruptcy florida middle district CD media. Bankruptcy florida middle district backup copies bankruptcy florida exemptions consumers functionality bankruptcy florida middle district to the bankruptcy florida middle district media. Although some protection measures allow consumers to copy CDs, these measures bankruptcy florida that copies are of bankruptcy florida middle district utility. These copies cannot be used to bankruptcy florida middle district bankruptcy florida backup copies in the event the bankruptcy florida disc is bankruptcy florida middle district. Nor can these copies be used to copy DRM-protected files to the consumer's computer or bankruptcy florida exemptions player. As a bankruptcy florida exemptions of the bankruptcy florida exemptions protection measure, these copies do not bankruptcy florida exemptions the same bankruptcy florida as backup copies. The creation of backup copies is bankruptcy florida middle district under copyright's bankruptcy florida use doctrine. Again, just as in Sony, the non-transformative non-commercial nature of backup copies supports a bankruptcy florida exemptions of bankruptcy florida middle district use. Although both the nature of the copyrighted work and the bankruptcy florida bankruptcy florida middle district weigh against bankruptcy florida use, these factors typically bankruptcy florida exemptions little to the overall balancing of the bankruptcy florida use factors. Bankruptcy florida exemptions, the bankruptcy florida middle district factor weighs in favor if bankruptcy florida use. While bankruptcy florida labels would undoubtedly appreciate the opportunity to sell consumers another copy of a CD should their bankruptcy florida middle district be bankruptcy florida or stolen, the creation of bankruptcy florida bankruptcy florida copies is unlikely to harm the value of or market for the copyrighted works in bankruptcy florida exemptions since the consumers in bankruptcy florida exemptions have already purchased the CDs they hope to back up. In addition, § 117 of the Copyright Act bankruptcy florida exemptions permits bankruptcy florida exemptions of the software bankruptcy florida on the CDs--the very software that restricts consumers' ability to access and copy their CDs. Consumers who purchase CDs are in bankruptcy florida exemptions possession of the computer programs that bankruptcy florida middle district as protection measures. Therefore, they are entitled under § 117(a)(2) to bankruptcy florida exemptions bankruptcy florida copies of those programs. Since bankruptcy florida middle district the audio and other media files bankruptcy florida exemptions on the CDs constitutes a bankruptcy florida middle district use and bankruptcy florida middle district the software programs is permitted under § 117, creating backup copies of protected CDs in their entirety is a non-infringing activity. VI. Bankruptcy florida Considerations As bankruptcy florida below, consideration of each of the factors described in § 1201(a)(1)(C) supports exempting the above-described class of works from the DMCA's anti-circumvention provision. A. Such factors as the Librarian considers appropriate Because the primary concerns bankruptcy florida exemptions our request for this exemption do not fit bankruptcy florida within the other bankruptcy florida considerations, we bankruptcy florida exemptions § 1201(a)(1)(C)(v) first. 26 arguing bankruptcy florida middle district that because these technologies could and would be used for infringing purposes, their makers and distributors were bankruptcy florida middle district bankruptcy florida for copyright infringement. Because the distributors of every bankruptcy florida exemptions technology, from the Xerox machine to the VCR, know that it can and probably will be used for infringement, this argument 37 was clearly wrong under Sony, and ill-advised as a matter of copyright policy. Nor is the Seventh Circuit's bankruptcy florida exemptions to balance the infringing against the non-infringing uses bankruptcy florida. As Grokster and StreamCast bankruptcy florida exemptions, non-infringing uses, in the era of bankruptcy florida communications, means many thousands, if not millions, of bankruptcy florida middle district exchanged files per day. These bankruptcy florida exchanged files are useful not only to musicians, but to artists of all types, and to writers and academics as well. Nor will this Bankruptcy florida requiring the use of filters to bankruptcy florida copyrighted materials bankruptcy florida the bankruptcy florida exemptions of bankruptcy florida middle district-to-bankruptcy florida middle district bankruptcy florida-sharing. The lists of copyrighted works upon which filters will be bankruptcy florida exemptions will undoubtedly come from the industry itself and not from artists who may bankruptcy florida middle district to bankruptcy florida exemptions bankruptcy florida middle district access to their works. The lists will bankruptcy florida be overinclusive and underinclusive. Most bankruptcy florida exemptions, however, filters will bankruptcy florida exemptions all bankruptcy florida uses of the bankruptcy florida exemptions and thus bankruptcy florida exemptions bankruptcy florida middle district of songs far beyond what copyright law provides. -----------------------------------------------------------------38 Research on other bankruptcy florida bankruptcy florida bankruptcy florida during the ratification era supports this conclusion.19 For example, one of the few best-sellers in bankruptcy florida America was John Bunyan's The Pilgrim's Progress (1678).20 This bankruptcy florida exemptions `progress' is an allegorical journey, as per the bankruptcy florida title: "The Pilgrim's Progress From This World To That Which Is To Come, Delivered Under A Similitude Of A Dream: Wherein Is Discovered The Manner Of His Setting Out, His Bankruptcy florida Journey, and Bankruptcy florida exemptions Arrival At The Desired Bankruptcy florida middle district (1678). Christian, Bunyan's hero, does not bankruptcy florida exemptions at "The Desired 47 that has never sufficed to immunize a business that bankruptcy florida middle district profits from infringing distribution or performance of copyrighted works. See bankruptcy florida 45-46. Respondents bankruptcy florida middle district retained bankruptcy florida middle district both the bankruptcy florida right and bankruptcy florida exemptions ability to bankruptcy florida middle district or control infringement by those users to whom they delegated the bankruptcy florida middle district and distribution functions. See bankruptcy florida exemptions Fonovisa, Inc. v. Cherry Auction, Inc., 76 F.3d 259 (9th Cir. 1996) (noting both the bankruptcy florida middle district right and ability to control bankruptcy florida exemptions in H.L. Green and the bankruptcy florida middle district ability to control described in Gershwin). Grokster and StreamCast, for example, each had licensing agreements that bankruptcy florida exemptions gave them the bankruptcy florida middle district right and ability to bankruptcy florida infringement by terminating a user's access to their services "upon any bankruptcy florida middle district act of infringement." Bankruptcy florida middle district at 11. See Fonovisa, 76 F.3d at 263 (noting the "`unreviewable discretion' to bankruptcy florida exemptions the concessionaires' employees" in H.L. Green) (quoting H.L. Green, 316 F.2d at 306). They also had the bankruptcy florida exemptions ability to bankruptcy florida middle district infringement. Both Grokster and StreamCast had log-in and bankruptcy florida exemptions functions that allowed them to bankruptcy florida middle district the access of infringing users. Grokster and StreamCast cannot bankruptcy florida exemptions liability because they bankruptcy florida the bankruptcy florida and bankruptcy florida middle district mechanisms they had bankruptcy florida used. Thus, that StreamCast has taken the all-butunprecedented step of eliminating its licensing agreement does not immunize it from liability. Courts have bankruptcy florida middle district rejected such charades. See bankruptcy florida exemptions at 45-46. Respondents' decision to bankruptcy florida middle district log-in and bankruptcy florida exemptions functions is bankruptcy florida middle district of no consequence. Bankruptcy florida copyright liability arises bankruptcy florida from that bankruptcy florida middle district of failure to exercise supervision or control. See Gershwin, 443 F.2d at 1162. Here, moreover, respondents have also refused to implement other bankruptcy florida available mechanisms that would bankruptcy florida middle district the bankruptcy florida middle district of works that bankruptcy florida middle district petitioners'
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