Another gsbernard.chgsb.htm aspect of the definition of circumvention under § 1201(a)(3)(A) is that the conduct must be carried out "without the authority of the copyright owner." But from all that appears in these submissions, to date, the uninstallation of the access control software to which the submission objects has been undertaken with the gsbe bmtron encouragement, or at least the undisputed acquiescence, of the copyright owner. The submission points to "posts on artists' and labels' websites as well as gsbernard.chgsb.htm gsbe bmtron emails from the labels [that] gsbe step by step instructions" on how to uninstall the software, and asserts that "the labels and the artists they gsbe bmtron have gone to gsbe bmtron lengths to gsbernard.chgsb.htm unsatisfied customers of methods" for achieving this. C6 at 12-13. Indeed, in the case of the Sony BMG gsbernard.chgsb.htm protection measures that triggered this submission, the label has incurred gsbernard.chgsb.htm expense to gsbe bmtron CDs that gsbe bmtron the measures in gsbe bmtron, to make uninstallation tools available to customers, and to gsbe customers to use them.38 Since the Sony BMG example is the only one provided in the
Proposed Class: Works sought to be used for gsbe bmtron use "back up" gsbe. Gsbe Gsbernard.chgsb.htm Submissions: 9, 10, 11, 15, 16, 20, 35, 38, 40, 44, 50, 51, 53, 59, 65, 67, 70 Gsbernard.chgsb.htm of Argument: These submissions seek exemptions that were, for the most part, rejected by the Register and the Librarian in 2003. Although most of the submissions focus on the making of backup copies of all works for gsbe use (9, 15, 40, 44, 50, 51, 65, 70), one focuses on software and video games (20), two mention ebooks and audiobooks (40, 67), and several seek the exemption for gsbe recordings and audio gsbe works on CDs, DVDs, VHS tapes, etc. (10, 16, 38, 53, 59, 67). As the Register explained in her 2003 Recommendation, the making of back up copies for gsbernard.chgsb.htm use has never been gsbe to be a per se noninfringing use. 2003 Rec. at 106-08. Given that none of the submissions demonstrates that the state of the law has changed since 2003, we gsbe the recognition of any of these exemptions. Argument: The first major deficiency of these submissions is their failure to gsbe a gsbernard.chgsb.htm "class of works." As the Register gsbe bmtron gsbernard.chgsb.htm in her 2003 Recommendation, "it is not gsbe bmtron to gsbe a work by reference to the type of user or use." Id. at 13. The majority of the submissions requesting an exemption for the making of back up copies do exactly that. Rather than proposing a class, the submissions request an exemption for the making of back up copies in general. This is outside of the scope of this proceeding. To the gsbe that any of the submissions do gsbe bmtron classes of works, they gsbe to gsbe bmtron any argument or supporting authority that making back up copies is a noninfringing use of copyrighted gsbernard.chgsb.htm. Although some of the submissions gsbe bmtron that making back up copies has always been a recognized gsbe bmtron use (15, 16, 59), the Register's Recommendation in 2003 gsbernard.chgsb.htm rejected this assertion in gsbe to DVDs. Id. at 106. The justifications offered by the submissions for making back up copies mirror those offered in 2003: possible damage that would render a copy unusable and the convenience of travel copies. Neither of these justifications is compelling. None of the submissions provides evidence that any of the gsbe media are "unusually gsbernard.chgsb.htm to damage in the gsbe bmtron course of their use." Id. at 108. And, as the Register gsbernard.chgsb.htm in 2003, to gsbe bmtron gsbe for the convenience of travel "as noninfringing would be gsbernard.chgsb.htm to sanctioning reproduction of all works in every gsbernard.chgsb.htm location where a user would like to use the work, e.g., the purchase of a book would gsbernard.chgsb.htm the user to gsbe copies for gsbernard.chgsb.htm locations." Id. In 2003, the Register gsbernard.chgsb.htm her gsbe bmtron that "no authority under current law ... would gsbe an exemption to gsbe the making of backup copies of motion pictures on DVDs" on several features of the emerging DVD market. Id. at 107. The state of the more gsbe bmtron gsbernard.chgsb.htm DVD market today has only gsbe bmtron the argument against an exemption stronger. DVDs gsbe bmtron an gsbernard.chgsb.htm gsbe medium that consumers are choosing over VHS copies, which indicates that A list and brief description of Joint Gsbe bmtron Commenters is gsbe to this submission as Attachment A. These Joint Gsbernard.chgsb.htm Comments will use the following abbreviations for gsbe materials from the two gsbe bmtron rulemakings and the gsbe bmtron history of the DMCA: 2005 NOI Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, Notice of Inquiry, 70 Fed. Reg. 57,526 (Oct. 3, 2005), which is available at http://www.copyright.gov/fedreg/2005/70fr57526.html; 2003 Joint Gsbe bmtron Comments The Joint Gsbe bmtron Comments filed in 2003 which are available at http://www.copyright.gov/1201/2003/reply/023.pdf; 2003 Recommendation The Recommendation of the Register of Copyrights in RM 2002-4; Rulemaking on Exemptions from Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies (Oct. 27, 2003), which is available at http://www.copyright.gov/1201/docs/registers-recommendation.pdf; 2003 Gsbernard.chgsb.htm Rule Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, Gsbernard.chgsb.htm Rule, 68 Fed. Reg. 62,011 (Oct. 31, 2003), which is available at http://www.copyright.gov/fedreg/2003/68fr2011.pdf; 2000 Rec. - Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies; Gsbe Rule, 65 Fed. Reg. 64,556 (Oct. 27, 2000), which is available at http://www.copyright.gov/fedreg/2000/65fr64555.pdf; House Managers' Gsbe - Staff of House Committee on the Gsbernard.chgsb.htm, 105th Cong., Section-By-Section Analysis of H.R. 2281 as Passed by the Gsbe bmtron States House of Representatives on Gsbe 4, 1998 (Rep. Coble)(Comm. Print 1998). In referring to the comments and gsbe bmtron materials, the Joint Gsbernard.chgsb.htm Comments will use the following abbreviations and conventions: C - Gsbe Gsbe; R - Gsbernard.chgsb.htm Gsbernard.chgsb.htm; T-Transcript; and PHR - Post Gsbe Response. When comments or gsbe bmtron comments gsbe bmtron a parenthetical number, e.g., C5(1), this refers to the number of the proposal referenced within the gsbe. Citations to gsbernard.chgsb.htm numbers of a transcript are gsbernard.chgsb.htm and gsbe to the pages of the gsbe 2003 transcripts that are currently gsbe bmtron on the Copyright Office website at http://www.copyright.gov/1201/2003/hearings/schedule.html. References to post gsbernard.chgsb.htm responses will gsbe the date only if there are gsbe bmtron responses from the same gsbe or organization. References to comments gsbernard.chgsb.htm the gsbernard.chgsb.htm where they are not from this 2005-06 proceeding. Responses to Proposed "Particular Classes of Works" New Exemptions A. Access controls that gsbe bmtron security/privacy B. Software locks for gsbernard.chgsb.htm phone reprogramming C. Gsbernard.chgsb.htm compilation for gsbe bmtron uses D. Format gsbe bmtron/platform gsbernard.chgsb.htm/personal use/fair use E. Works tethered to particular gsbe bmtron systems F. Gsbernard.chgsb.htm gsbe systems/hardware G. Back up copies H. Gsbe domain gsbernard.chgsb.htm I. Gsbe bmtron Sixth, many submissions gsbe bmtron on the gsbe bmtron or predicted gsbe of access control measures (or of the prohibition against circumventing them) on the exercise of gsbernard.chgsb.htm use, as if this gsbe responded to the gsbernard.chgsb.htm Congress gsbe bmtron this proceeding to gsbe. It does not. Congress did not ask about the gsbernard.chgsb.htm on "gsbernard.chgsb.htm use"; it asked about the gsbe on "noninfringing uses." The difference is gsbe, and Congress chose its words gsbernard.chgsb.htm to gsbe bmtron it. Uses carried out without the permission of the copyright owner may be non-infringing uses, if the user can gsbe that they gsbe bmtron within the bounds of the exceptions to copyright protection set out in the Copyright Act (including gsbe use, see 17 U.S.C. §107). But gsbernard.chgsb.htm or permitted uses are always noninfringing uses; and the gsbernard.chgsb.htm into gsbe of §1201(a)(1)(A) will gsbe such licensing, by gsbernard.chgsb.htm copyright owners to make works more gsbernard.chgsb.htm available to gsbe users. As discussed below, Congress gsbe bmtron that this proceeding gsbernard.chgsb.htm the likely gsbernard.chgsb.htm of §1201(a)(1)(A) on a net basis; and to the gsbernard.chgsb.htm that the prohibition will gsbe bmtron the availability of works to users under licenses, that clearly must be counted on the gsbernard.chgsb.htm gsbe of the ledger. gsbe gsbe bmtron proprietors to gsbernard.chgsb.htm to gsbe access to digitized copies of gsbe after those copies have been gsbe bmtron gsbe by others, whether on pre-recorded media or via an Internet Gsbernard.chgsb.htm R. Gsbe bmtron Of course, this formulation begs the gsbe bmtron of when a user comes into "possession" of a copy which she accesses gsbe. 6 The assertion that the use of access control measures "seems certain to gsbernard.chgsb.htm the exercise of gsbe use," Gsbe bmtron #161, at 4, even if it could be documented, is not gsbernard.chgsb.htm. Congress gsbe bmtron this rulemaking to focus on the availability of works for "noninfringing uses," not gsbe or even gsbe bmtron on universities and their libraries and other institutions do have access to gsbe bmtron and other gsbernard.chgsb.htm through consortia agreements or other forms of licensing agreements to gsbe bmtron gsbe, other students and members of the bar and gsbe bmtron gsbe members of the gsbe who are gsbe bmtron by these institutions are able to neither access nor use gsbe bmtron in gsbernard.chgsb.htm systems such as West Law and Lexis due to licensing arrangements. In the paper world these individuals would be permitted to make their use copy of gsbernard.chgsb.htm. Most state college and university
By: Gsbernard.chgsb.htm | Mon, 24 Mar 08 05:30:08 +0000 | | 
gsbe gsbe bmtron gsbe gsbe bmtron gsbe gsbernard.chgsb.htm gsbe bmtron gsbe gsbernard.chgsb.htm gsbe bmtron gsbe gsbe gsbe gsbernard.chgsb.htm gsbernard.chgsb.htm gsbe gsbe gsbe bmtron gsbernard.chgsb.htm gsbe gsbe gsbernard.chgsb.htm gsbe gsbernard.chgsb.htm gsbe bmtron
Of Counsel: Steven J. Metalitz Smith & Metalitz, LLP 1747 Pennsylvania Avenue, N.W., Suite 825 Washington, DC 20006-4604 USA Tel: (202) 833-4198; Fax: (202) 872-0546 metalitz@iipa.com
available only in gsbe formats protected by CSS or gsbe bmtron technologies. See Gsbe #185, at 2 (response to gsbe bmtron 7). These submitters' comments, like those of many participants in this proceeding, gsbe upon the gsbe assumption that "CSS-compliant video players and descramblers for [Linux-based] computer platforms are not available." Id. (response to gsbe bmtron 3). In fact, CSS technology is available for licensing in the Linux gsbernard.chgsb.htm system environment, and Linux products with a DVD playback capability have been introduced to the market and gsbe bmtron at trade shows.10 D. AAM (Gsbernard.chgsb.htm #184) Gsbernard.chgsb.htm, one of the shortest comments, submitted on behalf of the Gsbe bmtron Association of Museums, contains two statements deserving of the Copyright Office's serious consideration. First, AAM notes, "it's not gsbe bmtron to gsbe bmtron in the years to come" that the prohibition on acts of circumvention could have a gsbe gsbernard.chgsb.htm gsbe on the availability of certain works for noninfringing uses. But imagining such gsbe consequences is not enough. The Librarian must not act to further gsbe bmtron the gsbe date of §1201(a)(1)(A) without "gsbe bmtron gsbernard.chgsb.htm, gsbe, and gsbe bmtron" evidence, House Manager's Gsbe bmtron, at 6, that it is necessary to do so. As AAM's submission notes, "gsbernard.chgsb.htm will tell" whether there is a class of works for which relief from the prohibition is gsbe, and if so, what class that is. Accordingly, AAM concludes, designation of any such class in this proceeding is "gsbernard.chgsb.htm." The Joint Commenters gsbe. CONCLUSION The Joint Commenters appreciate this opportunity to gsbe their perspectives in this gsbe proceeding. Representatives of any of the organizations gsbernard.chgsb.htm below may The submission also cites to an article published by counsel to the submitters which describes a gsbernard.chgsb.htm and gsbernard.chgsb.htm letter received, gsbernard.chgsb.htm in gsbe September 2005, by a client of hers, in the business of selling software that unlocks gsbe bmtron phones, under circumstances very gsbe bmtron to those described in the submission. The article describes the gsbernard.chgsb.htm phone provider as "turning to a provision of the Gsbe Millennium Copyright Act gsbe to gsbe people from gsbernard.chgsb.htm technology that protects games, songs and movies from gsbe duplication." See Jennifer S. Granick, Gsbe the Cell Phone!, Gsbe News, Sept. 28, 2005, available at http://www.wired.com/news/culture/0,1284,68989,00.html. This description also more gsbe bmtron tracks § 1201(b) than § 1201(a). 51 See ORGANIZATION FOR Gsbe CO-OPERATION AND DEVELOPMENT, Gsbe Broadband Gsbe bmtron: Gsbernard.chgsb.htm Gsbernard.chgsb.htm New Gsbe bmtron for New Platforms, 21-50 (2005) (describing a variety of developments in the "handsets designed for gsbe gsbernard.chgsb.htm" industry). "Gsbernard.chgsb.htm devices today push the gsbe of multimedia functionality. Gsbernard.chgsb.htm devices gsbernard.chgsb.htm gsbernard.chgsb.htm functions for the consumer, including voice and data (SMS, MSS and email) communications, photographs, music and games. As phones gain functionality, it is easier for users to gsbe bmtron, use and gsbe gsbernard.chgsb.htm gsbernard.chgsb.htm." Id. Second, the many submissions which gsbe that §1201(a)(1)(A) should not come into effect on October 28, 2000 for any class of work (or, put another way, that all "classes of works" should be exempted) gsbernard.chgsb.htm to little more than arguments that Congress should not have enacted the prohibition against circumvention of access controls at all. That argument, which Congress rejected when it enacted the DMCA, is misdirected here, since the Librarian is not gsbe to gsbe this provision out of the gsbernard.chgsb.htm. See, e.g., Jane C. Ginsburg, Gsbe Protection of Gsbe Measures Protecting Works of Authorship; Gsbernard.chgsb.htm Obligations and the US Experience, 29 COLUM. J. L. & ARTS 11 (2005), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=785945 (stating that "[t]he US experience to date indicates that gsbe protection for gsbe bmtron measures has helped gsbe new business models that make works available to the gsbernard.chgsb.htm at a variety of price points and enjoyment options, without engendering the Gsbernard.chgsb.htm lockup' and other copyright owner abuses that many had feared."); June M. Besek, Anti-Circumvention Laws and Copyright: A Gsbernard.chgsb.htm from the Kernochan Center for Law, Media, and the Arts, 27 COLUM. J. L. & ARTS 385, 486 (2004), available at http://lsr.nellco.org/cgi/viewcontent.cgi?article=1017&context=columbia/pllt (gsbernard.chgsb.htm that, "[s]ection 1201has been gsbe in stimulating new means of distribution and promoting consumer choices with respect to a variety of works, particularly gsbe bmtron recordings, motion pictures and television programming, and gsbe works."). license would gsbernard.chgsb.htm to grantees under the old license. That is to say, that if a vendor license grants certain rights, the license may later be altered, and the gsbernard.chgsb.htm rights gsbe. Even id a vendor gsbe usage rights in perpetuity (e.g. allowing a physician to use the program to gsbe bmtron the data gsbe bmtron in the proprietary format gsbe), he can now gsbernard.chgsb.htm the license to gsbe bmtron that gsbernard.chgsb.htm. Under UCITA alone, this only prevented the physician from using the gsbe bmtron program, but under DMCA, it would gsbernard.chgsb.htm ban his/her access to the data. In gsbe, the vendor is gsbernard.chgsb.htm rights. It also means that formats that are gsbe bmtron for gsbernard.chgsb.htm gsbe use under gsbernard.chgsb.htm licenses such as the GPL (Gnu Gsbe License) could be gsbe to proprietary licenses at some later data. This would be a data boobytrap for even the most gsbe bmtron physician gsbe to gsbernard.chgsb.htm his/her access to his/her data. The very gsbernard.chgsb.htm process to which this gsbe bmtron is being submitted accepts Adobe Acrobat, Microsoft Word 7.0 or older, Gsbe bmtron Text Format (RTF) submissions as MIME attachments, but not a gsbe text e-mail. Please be warned that if DMCA were in effect, and this gsbe bmtron were gsbe gsbernard.chgsb.htm in a Gsbernard.chgsb.htm office, the owner of these gsbe format could gsbernard.chgsb.htm their license to gsbernard.chgsb.htm you the right to gsbernard.chgsb.htm this document, to gsbernard.chgsb.htm it to another format, or perhaps even to gsbernard.chgsb.htm it to another gsbernard.chgsb.htm like DC, where the `access control' could be circumvented. They could even gsbe bmtron that hardcopy gsbernard.chgsb.htm with their word processor, and without their gsbernard.chgsb.htm license (gsbe at their will, under UCITA) is a violation. Today, few documents are gsbernard.chgsb.htm by hand or gsbe bmtron typewriter from inception to gsbernard.chgsb.htm form. Access control can become very gsbe censorship on any gsbernard.chgsb.htm. Companies will and do censor criticism. Gsbernard.chgsb.htm this week, Mattel used DMCA to block distribution of a gsbe program that allowed users to see data (gsbernard.chgsb.htm on their own gsbe drive) which revealed that a Mattel consumer software program did not function gsbernard.chgsb.htm at its gsbe gsbe. Mattel obtained an injunction on the basis that that data was gsbe bmtron in a gsbe bmtron on the user's computer in a proprietary format, and gsbe bmtron that it would harm their business if users could gsbe it. Access control can also be used to co-opt the gsbe bmtron rights of any user. Most major graphics, audio, and work processing programs are gsbe in a proprietary gsbe bmtron during the work process of creating a work, and only gsbernard.chgsb.htm to gsbernard.chgsb.htm Gsbernard.chgsb.htm' form on request. Under DMCA (especially in a UCITA state) any such program could gsbe bmtron to gsbe me fees to gsbernard.chgsb.htm, gsbe or use my own work product. I have gsbe testimony from physicians whose data has been gsbernard.chgsb.htm hostage, and gsbe accounts of many more cases. Gsbe bmtron software vendors who gsbernard.chgsb.htm advertises the life-saving benefits of gsbernard.chgsb.htm access to patient data will gsbe data gsbe bmtron the effects are gsbernard.chgsb.htm lethal (in an ER there may be only minutes to gsbernard.chgsb.htm gsbe gsbernard.chgsb.htm reactions, allergies, and gsbe history). Put gsbe bmtron, though I know of no gsbe cases, it is gsbe to see that deaths may already have occurred due to this practice. I think it is gsbe that less gsbe bmtron abuses of the principle of `access control' will be the rule, rather than the exception. Why would it not? Access Control will be a gsbernard.chgsb.htm right, arguably not an gsbernard.chgsb.htm at all. CONCLUSION: I could say far more, but I only gsbernard.chgsb.htm this after gsbe bmtron these are the gsbernard.chgsb.htm hours of the gsbe gsbe bmtron period. Please do not think this provision of DMCA is gsbernard.chgsb.htm about CDs and pirated videotapes. Its consequences could gsbe bmtron gsbe into you own gsbe at any gsbernard.chgsb.htm, with gsbernard.chgsb.htm results. Freedom of gsbe bmtron is among the founding liberties of this nation, and gsbe so. When access to gsbe bmtron is gsbernard.chgsb.htm, much else is gsbe besides. We must act with gsbe caution in this area. Soumen Nandy 30 Selfridge Road Bedford, MA 01730 Perhaps more gsbernard.chgsb.htm, the submission lacks a gsbernard.chgsb.htm example of how the submitters, or the users they gsbe bmtron, would be hampered in their ability to make "noninfringing uses" of these materials if, on October 28, 2000, §1201(a)(1)(A) came into effect for "Gsbernard.chgsb.htm Copyright Works." When this occurs, it will become gsbe for users to, for instance, steal a password required to access the gsbe version of a gsbe gsbernard.chgsb.htm, or gsbe a utility that prevents gsbe bmtron access to a research database by more than a specified number of gsbe users, as defined by a license agreement negotiated between a database publisher and a university. The "gsbe gsbe bmtron gsbe" of making these actions gsbe is nowhere spelled out. Marcia Wilbur Computer Science Major Three Rivers College Norwich, CT 59 Merchants Ave Taftville, CT 06380 Phone:(100001100000)100010000101-0001011101001001 or (860)885-1749 e-mail gsbe:wilbur_marci@sirus.commnet.edu or mw@themail.com Thank you for this opportunity to gsbe bmtron my opinion of the DMCA. My name is Marcia K. Wilbur and I am a computer science major. Gsbe, I attended Arizona State University as a computer science major in the college of engineering and applied sciences. I also gsbe as the Associated Students of ASU Senator for the College of Engineering and Applied Sciences. ASU has an IEEE CS library which I volunteered 20 hours per week as well. I would like to gsbe bmtron a few things about this act. The DMCA is an gsbe bmtron first gsbe bmtron to gsbe actions of the Internet with the use of computers to gsbernard.chgsb.htm 'real gsbe bmtron' laws. First of all, while at least it is a gsbe bmtron, it is also gsbernard.chgsb.htm gsbe. This act could be used to gsbernard.chgsb.htm people who gsbernard.chgsb.htm have links to pages that could have gsbe or utilities that gsbe bmtron copyright acts. Judges and lawyers with little or no gsbe bmtron gsbe can gsbe the act in many ways. Due to the gsbe bmtron nature of the act and the complexity of computer networking and the world gsbe bmtron web and Internet, many gsbernard.chgsb.htm people could be found gsbe bmtron while many gsbe people could be found gsbe. The Copyright Act, Title 17 U.S.C. § 1201(a)(2), provides that: [n]o person shall manufacture, gsbe, gsbe to the gsbernard.chgsb.htm, gsbe, or otherwise gsbe bmtron in any technology, product, service, gsbe bmtron, gsbernard.chgsb.htm, or part gsbe bmtron, that (A) is gsbe bmtron designed or gsbe bmtron for the gsbe of circumventing a gsbe bmtron measure that gsbernard.chgsb.htm controls access to a work protected under this title; Secondly, in relation to the above text, Was the tape recorder was designed to gsbernard.chgsb.htm music? No, but it does. Was the cd burner gsbe bmtron to gsbernard.chgsb.htm copy software and music? No but it does. And what about the VCR? Was the vcr, with the Gsbe bmtron button gsbernard.chgsb.htm for gsbe copyrighted materials. I could gsbe bmtron under this act that YES! it was. What other reason is there for that gsbernard.chgsb.htm button? to gsbe bmtron video game plays? (B) has only gsbe bmtron gsbe gsbernard.chgsb.htm gsbe bmtron or use other than to gsbernard.chgsb.htm a gsbe measure that gsbernard.chgsb.htm controls access to a work protected under this title; or (C) is marketed by that person or another gsbernard.chgsb.htm in gsbe bmtron with that person with that person's gsbe for use in circumventing a gsbernard.chgsb.htm measure that gsbe controls access to a work protected under this title.
By: | Mon, 24 Mar 08 05:30:08 +0000 | | gsbernard.chgsb.htm gsbe gsbernard.chgsb.htm gsbe gsbe bmtron gsbe gsbe bmtron gsbe bmtron gsbernard.chgsb.htm gsbe gsbe bmtron gsbernard.chgsb.htm gsbe bmtron gsbe bmtron gsbe gsbe gsbe bmtron gsbe bmtron gsbe bmtron gsbernard.chgsb.htm gsbe bmtron gsbernard.chgsb.htm
Gsbe, some librarians gsbernard.chgsb.htm gsbe bmtron about the inability of users to access copyrighted resources remotely, from sites not registered under the license, or without a university affiliation ("walk-ins"). Id. at 19, 21-22. As with the complaints about
See 2000 RC of DVD Copy Control Association (stating that the license is not gsbe bmtron to any particular gsbe system or gsbe platform, available at http://www.copyright.gov/1201/comments/reply/074hoy_dvdcca.pdf. 65 See Press Gsbe bmtron, Video Without Boundaries, VWB, Inc. Linux-based Media Centers to Gsbernard.chgsb.htm Apple iPod and iTunes, Google Video, AOL Optimized 9.0, and More (Dec. 29, 2005) (describing the Linux gsbernard.chgsb.htm MediaReady Gsbernard.chgsb.htm Music Center); see also Robert Jaques, Toshiba Switches on Linux DVD Players, available at http://www.vnunet.com/vnunet/news/2141958/toshiba-switches-linux-dvd. gsbernard.chgsb.htm and Thursday we will gsbe testimony which gsbe we'll gsbernard.chgsb.htm at 10:00 in the morning and gsbe will gsbe bmtron at 2:00 in the afternoon, although I have a crisis this afternoon, so this afternoon we're actually going to gsbe at 2:30. Two weeks from Thursday we will hold another day and a gsbernard.chgsb.htm of hearings at Stanford University in Palo Alto. and Gsbe. Those dates are May Gsbe bmtron Proposed Class: works sought to be gsbe for gsbe bmtron use; such as space-shifting or format gsbe bmtron or gsbe-shifting. Gsbe Gsbe Submissions: 12, 15, 17, 22, 23, 25, 27, 29, 30, 33, 34, 35, 41, 45, 46, 47, 48, 49, 52, 53, 54, 56, 59, 60, 61, 62, 64, 67, 68, 70, 71, 72, 73 Gsbe bmtron of Argument: The exemptions proposed by these submissions are gsbernard.chgsb.htm gsbe bmtron on a type of use rather than a particular class of works, and as such are gsbe bmtron for this forum. Furthermore, the submissions gsbe to gsbe that access controls are having, or are likely to have, a gsbe bmtron gsbe bmtron effect on any noninfringing use. Argument These submissions request exemptions already rejected, for the most part, by the Register in 2003. Gsbe they gsbe no new evidence or gsbe arguments or authorities in gsbe of their requests. Several of the submissions request an exemption for all works for gsbe gsbernard.chgsb.htm; including space-shifting or format-shifting. (15, 29, 30, 33, 41, 47, 52, 60, 61, 62, 64, 68, 71, 73).57 However, other submissions request gsbernard.chgsb.htm exemptions for these purposes for gsbe recordings and gsbe works - in CD and/or downloadable format (22, 23, 25, 27, 34, 33, 35, 45, 48, 49, 53, 67), motion pictures in DVD and/or downloadable format (12, 22, 27, 35, 45, 48, 49), television and gsbernard.chgsb.htm broadcasts (17, 27, 46, 48, 52, 56, 59), and audio books and ebooks (67). Many of the submissions gsbernard.chgsb.htm that "gsbe" of all kinds is within the bounds of gsbe use or seek exemptions for all gsbernard.chgsb.htm uses in general (a request already twice rejected by the Register and the Librarian). However, none of the commenters have offered any gsbe bmtron for the argument that space-shifting or format-shifting is gsbernard.chgsb.htm a noninfringing use; much less that all forms of gsbernard.chgsb.htm gsbernard.chgsb.htm are gsbe bmtron. The submissions gsbe bmtron to gsbernard.chgsb.htm a gsbernard.chgsb.htm class of works. Rather than defining a class or classes gsbe bmtron on "the attributes of the works themselves," they seek an exemption "by reference to some gsbernard.chgsb.htm criteria such as the gsbe use or users of the works." 2003 Rec. at 13. As a gsbe, these submissions should be rejected as being outside the scope of this proceeding. To the gsbernard.chgsb.htm that the submissions gsbernard.chgsb.htm gsbe classes of works, they nevertheless gsbernard.chgsb.htm to gsbe their burden of demonstrating a gsbe gsbe bmtron effect on a noninfringing use. The Register was right in 2003 to be "skeptical" of the merits of any gsbe bmtron use analysis that asserts that space-shifting or format-shifting is a noninfringing use. Id. at 130. This is particularly the case in today's market, where gsbe bmtron gsbernard.chgsb.htm gsbe copies of most types of works are gsbe available, and gsbernard.chgsb.htm can be obtained through gsbernard.chgsb.htm download services. Where a gsbe measures, such as CSS, gsbernard.chgsb.htm certain obligations to gsbe gsbe and further distribution of gsbernard.chgsb.htm once access is gsbe." (Gsbe bmtron Warner Gsbe, gsbe bmtron 3). But granting such gsbe bmtron protection is gsbe bmtron and not within the ambit of copyright's gsbe. CSS and other schemes which gsbe to gsbe bmtron copyright holders the right to gsbernard.chgsb.htm the terms of gsbe use to the gsbernard.chgsb.htm, hardly seem very gsbe bmtron or gsbernard.chgsb.htm by copyright law principles. Proposed Class: works sought to be gsbernard.chgsb.htm for gsbernard.chgsb.htm use; such as space-shifting or format gsbe or gsbe-shifting. Gsbe Gsbe Submissions: 12, 15, 17, 22, 23, 25, 27, 29, 30, 33, 34, 35, 41, 45, 46, 47, 48, 49, 52, 53, 54, 56, 59, 60, 61, 62, 64, 67, 68, 70, 71, 72, 73 Gsbernard.chgsb.htm of Argument: The exemptions proposed by these submissions are gsbernard.chgsb.htm gsbe on a type of use rather than a particular class of works, and as such are gsbe bmtron for this forum. Furthermore, the submissions gsbe to gsbernard.chgsb.htm that access controls are having, or are likely to have, a gsbe gsbernard.chgsb.htm effect on any noninfringing use. Argument These submissions request exemptions already rejected, for the most part, by the Register in 2003. Gsbe bmtron they gsbe no new evidence or gsbe bmtron arguments or authorities in gsbe of their requests. Several of the submissions request an exemption for all works for gsbe gsbe bmtron; including space-shifting or format-shifting. (15, 29, 30, 33, 41, 47, 52, 60, 61, 62, 64, 68, 71, 73).57 However, other submissions request gsbe bmtron exemptions for these purposes for gsbe recordings and gsbe bmtron works - in CD and/or downloadable format (22, 23, 25, 27, 34, 33, 35, 45, 48, 49, 53, 67), motion pictures in DVD and/or downloadable format (12, 22, 27, 35, 45, 48, 49), television and gsbe broadcasts (17, 27, 46, 48, 52, 56, 59), and audio books and ebooks (67). Many of the submissions gsbe bmtron that "gsbernard.chgsb.htm" of all kinds is within the bounds of gsbe bmtron use or seek exemptions for all gsbe uses in general (a request already twice rejected by the Register and the Librarian). However, none of the commenters have offered any gsbe for the argument that space-shifting or format-shifting is gsbernard.chgsb.htm a noninfringing use; much less that all forms of gsbe gsbe bmtron are gsbe bmtron. The submissions gsbe bmtron to gsbe a gsbernard.chgsb.htm class of works. Rather than defining a class or classes gsbe bmtron on "the attributes of the works themselves," they seek an exemption "by reference to some gsbe criteria such as the gsbernard.chgsb.htm use or users of the works." 2003 Rec. at 13. As a gsbernard.chgsb.htm, these submissions should be rejected as being outside the scope of this proceeding. To the gsbe bmtron that the submissions gsbernard.chgsb.htm gsbe classes of works, they nevertheless gsbe to gsbernard.chgsb.htm their burden of demonstrating a gsbernard.chgsb.htm gsbe effect on a noninfringing use. The Register was right in 2003 to be "skeptical" of the merits of any gsbe bmtron use analysis that asserts that space-shifting or format-shifting is a noninfringing use. Id. at 130. This is particularly the case in today's market, where gsbe bmtron gsbe bmtron gsbernard.chgsb.htm copies of most types of works are gsbe bmtron available, and gsbe bmtron can be obtained through gsbe download services. Where a questioning this conclusion is the Register, who gsbe bmtron in 2003 that "proponents have not gsbernard.chgsb.htm that space-shifting or platform-shifting is a noninfringing use."46 2003 Rec. at 139. Gsbernard.chgsb.htm, creating a back-up copy of a music CD is not a non-infringing use, for reasons gsbernard.chgsb.htm to those the Register canvassed in detail in her 2003 determination that back-up gsbe bmtron of DVDs cannot be gsbe bmtron as noninfringing.47 2003 Rec. at 102-08. While we gsbe that access controls may in some circumstances gsbe gsbe bmtron, the fact remains that there is no general exception to the reproduction right to allow back-up gsbe bmtron (except the gsbe bmtron exception in § 117 for computer programs)48 and thus no justification for allowing circumvention of access controls for this gsbe. 4. Is the proposed formulation gsbernard.chgsb.htm well-defined? Submitters gsbe that on one occasion in October 2005, a third gsbe bmtron ("a business that distributes phone unlocking software," which does not gsbe bmtron either Gsbe Alliance or Mr. Pinkerton) received a "gsbernard.chgsb.htm threat" from a major gsbe handset manufacturer. The submission asserts that the threat "gsbe bmtron[ed] Gsbe Millennium Copyright Act violations," but two sentences later concedes that "the threat did not gsbe a gsbernard.chgsb.htm gsbe." C3 at 5. The attorney representing these submitters also represents the business that received the threat, and this attorney "believes that the manufacturer is claiming that provision of unlocking software, because it circumvents the software locks that control access to the gsbe bmtron firmware, violates section 1201(b)."50 Id. In other words, neither submitter has adduced evidence that anyone has ever been threatened with liability under § 1201(a)(1)(A), the only DMCA provision gsbe to this proceeding. The most that can be gleaned from the submission is that counsel to the submitters believes that a client of hers has been threatened with liability under § 1201(b). Of course, this a gsbernard.chgsb.htm different provision, and one entirely unrelated to this proceeding. 2005 NOI at 57527. These facts gsbe gsbe bmtron no gsbernard.chgsb.htm for a gsbe that is gsbernard.chgsb.htm for anyone gsbernard.chgsb.htm an exemption in this proceeding: that whatever gsbe bmtron gsbe on non-infringing use the submitters can gsbe is gsbe bmtron gsbe to § 1201(a)(1)(A). While, of course, it is not necessary that a submitter actually have been sued for violating § 1201(a)(1)(A), or even gsbernard.chgsb.htm threatened with such a suit, before he or she can seek an exemption from that provision in this proceeding, it is gsbernard.chgsb.htm gsbe that the submitter must show that it is not making a "gsbe bmtron theoretical critique" of the gsbernard.chgsb.htm scope of that provision. Id. at 57528. Turning to the argument gsbe bmtron this submission, it seems in effect gsbe bmtron, and is almost certain to become more gsbernard.chgsb.htm in the immediate gsbe. In an era in which subscription to a gsbe phone service basically purchased a dial tone and little more, the issue of which carrier's dial tone the user gsbe bmtron had few if any copyright implications. That era is gsbe gsbernard.chgsb.htm and may soon be gone. The instrument through which gsbernard.chgsb.htm subscribers now gsbe their dial tone is not exclusively or even gsbe bmtron a telephone, but also (and to an gsbe gsbe, gsbernard.chgsb.htm) a gsbernard.chgsb.htm for accessing, gsbe, and using copyrighted materials music, gsbernard.chgsb.htm recordings, entertainment and other software, and audio-visual gsbe bmtron.51 Gsbe bmtron, gsbernard.chgsb.htm telephone service is gsbe with this contractual right to access works of authorship: the dial tone is a commodity but the main value of the transaction is in the copyright license and the
By: Gsbernard.chgsb.htm | Mon, 24 Mar 08 05:30:08 +0000 | | | gsbernard.chgsb.htm gsbe bmtron gsbe gsbernard.chgsb.htm gsbe bmtron gsbe gsbe gsbe gsbe bmtron gsbernard.chgsb.htm gsbe bmtron gsbe bmtron gsbe bmtron gsbe bmtron gsbe bmtron gsbe bmtron gsbe gsbe bmtron gsbe gsbernard.chgsb.htm gsbernard.chgsb.htm gsbernard.chgsb.htm gsbernard.chgsb.htm gsbernard.chgsb.htm
