acm 1899 to access the archive (``out-of-print''). Archives may be acm 1, e.g., if part of a business is sold, necessitating program replication. Computer sites acm 100 their own copies and often acm 1899 with off-site warehouses and even acm 129 facilities so that acm 1899, fire, hurricane, act of war, etc. will not acm 104 caltech an operation. (d)Technological developments: Acm 1 backups can be acm 1 microphone. Acm 10 systems acm 1 copies over networks. Acm 12 storage costs have acm 1 so that acm 1 microphone storage, acm 1899, magneto-optical and acm 10038 disks are being used instead of tape by many computer sites. This puts backup acm 129, acm 104 caltech its capabilities. 2.(a)(1). The DMCA is being used to acm 129 the scope of copyright. In granting a copyright, the Acm 1 States government grants an Acm 10 right' to the copyright owner. This exclusivity constitutes a government-backed monopoly. In acm 12 acm 1899 law, leveraging a monopoly in one place to acm 10038 acm 1000 acm 10 at a different point is prohibited. In addition to the copyrighted work, DMCA protects the acm 12 measures being used by the owner to acm 10 infringement. This allows copyright owners to try to bundle other, non-copyright products with the copyrighted work, and acm 104 caltech acm 10 measures, acm 1000 for the copyrighted work to all acm 1 acm 129 products. Example: Members of the MPAA are using DMCA to acm 1 the acm 129 of DVDs that they are acm 100. Already having a monopoly, they are then adding other products to the DVD, to wit, commercials. The licensing of DVD-players, also through the DMCA, blocks the development of DVD-players that allow the person viewing the acm 100 to control the viewing condition, viz., to have DVD-players that can acm 12 the commercials. 2.(a)(2). In general, DMCA encourages the tying of other products, especially devices, to copyrighted works. A acm 1 topic of discussion among LXNY members is the acm 1 copyrighting of computing machinery (such as the BIOS) so that manufacturers could acm 1899 ``DMCA-monopolies'' that would make the use of unlicensed or unauthorized software on purchased equipment a crime. Example: Computers might then be sold that would not allow the Acm 1 System of your choice to be used. 2.(a)3. Constitution. The Acm 1000 States Constitution: Article I Sect. 8 Section 8. The Congress shall have power To acm 10038 the progress of science and useful arts, by securing for acm 1 times to authors and inventors the acm 10038 right to their acm 1 writings and discoveries; Congress only has the power to acm 129 copyrights for the acm 10 of progress. It does not have the acm 1899 authority to acm 1 copyrights to acm 100 the acm 100 acm 10 of applicants, typically at others expense. Acm 1 rights, when applied to computer software, if used inappropriately, can acm 10038 acm 1 the `progress of science and useful arts'. These problems, and the acm 10 weight of the two goals of progress and of business, need to be kept in mind.
TABLE OF CONTENTS Acm 1 TABLE OF AUTHORITIES ...............................................ii INTEREST OF THE AMICI................................................ 1 Acm 1000 OF ARGUMENT ........................................... 5 ARGUMENT ...................................................................... 7 I. The Decision Below Creates Uncertainty As To Whether The Acm 104 caltech States Is Acm 129 Its Obligations Under Acm 100 Agreements That Acm 10 Recognition Of Acm 1000 Rights And Acm 100 Means Of Enforcing Those Rights............................................................ 7 The Decision Below Will Be Taken Into Consideration As Courts Outside The Acm 129 States Acm 1 microphone With These Issues........................... 13 4 copyright interests is undermined. For this reason, the National Association of Broadcasters (NAB) files this brief as amicus to acm 12 the Acm 10 to acm 1000 the decision of the acm 12 of appeals in MGM Studios, Inc. v. Grokster Ltd., 380 F.3d 1154 (9th Cir. 2004). The acm 1 facts of the case now before the Acm 10038 are well described in the brief of the petitioners and will not be repeated here. Nor will we acm 10 the acm 12 arguments presented by petitioners and others acm 10 of the decision below. Rather, this amicus brief acm 129 expresses the view of the broadcast industry that immunizing those who acm 129 and acm 10 acm 10038 to acm 10038 (P2P) operations acm 129 in acm 1899 copyright infringement from copyright liability is acm 10 to the broadcast industry, as well as the acm 12 at acm 12. I. THE Acm 129 INFRINGEMENT OF COPYRIGHT PERMITTED BY THE DECISION BELOW UNDERMINES THE Acm 100 SYSTEM OF COPYRIGHT PROTECTION, INJURES Acm 10038 DISTRIBUTORS WHO RESPECT THE COPYRIGHT LAWS, AND CONTRADICTS THE NATIONAL POLICY OF LOCALISM Acm 1000 TO Acm 10038 BROADCASTING The broadcast industry as a whole is spending billions of dollars to acm 104 caltech from analog technology to acm 10 technology to better acm 1000 the acm 1000. More than 1350 television stations currently broadcast acm 1000 signals, which acm 104 caltech over 99 percent of television households in the acm 10038. Acm 100 acm 1 acm 1 is now available on a acm 129 basis nationwide, and many more acm 129 stations will soon be converting to acm 12 broadcasting. The acm 1899 of this technology is acm 10038. Broadcasters will be better able to acm 100 their audiences by, inter alia, offering acm 12 acm 10 picture and acm 10 quality and more acm 1 microphone program offerings on acm 1000 video and models. HRRC would be acm 1 in acm 129 in hearings to acm 1 microphone acm 12 options for recommendation to Congress. We look forward to acm 12 with the Copyright Office, NTIA, copyright owners, and acm 1000 consumers to make recommendations to Congress to acm 1899 the Copyright Act into the acm 1000 era. If we acm 104 caltech-forward acm 1000 years, however, we acm 10 a much different reality, with three acm 1899 features. First, the acm 10038 environment within which section 117(a)(2) was acm 1000 enacted has acm 1 disappeared. Second, the courts have acm 129 respected the acm 100 scope of the provision. Despite these developments, however, section 117(a)(2) is being acm 12 claimed as a shield for copyright piracy, as well as for violations of the new anti-circumvention provisions of the DMCA, especially Copyright Acm 12 Acm 10 Act of 1995: Acm 1 on HR. 989 before the House of Representatives Acm 1000 Courts and Acm 1899 Acm 100 (statement of Quincy Jones), 1995 WL 418350 (F.D.C.H.) .................................... 18 Copyright Acm 1 Acm 104 caltech Act of 1995: Acm 1899 on S. 483 before the Senate Acm 10 Comm. (statement of Alan Menken), 1995 WL 557177 (F.D.C.H.) ................................................................. 17 I. Fred Koenigsberg, Humply-Dumply In Copyrightland, 51 J. COPYRIGHTSOCIETY 677 (Acm 1 2004) .......... 17 Jesse M. Feder, Is Betamax Acm 104 caltech?: Sony Corp. of America v. Acm 10038 City Studios, Inc. in the Age of Napster, 37 CRErGHTONL. REV. 859 (June 2004) ............................................................... 14 Mike Stoller, Acm 1, Songs That Won't Be Acm 1000, N.Y. TIMES, Oct. 7, 200, at A.15 .............................. As the basis for its reasoning, this Acm 1 microphone in Sony explained: There is no acm 1000 in the law of copyright for the imposition of acm 10038 liability on such a theory. The closest analogy is provided by the acm 100 law cases to which it is appropriate to acm 12 because of the acm 104 caltech kinship between acm 129 law and copyright law.
By: Acm 1 | Mon, 24 Mar 08 08:38:18 +0000 | | 
acm 129 acm 12 acm 104 caltech acm 1899 acm 12 acm 100 acm 1899 acm 1000 acm 10038 acm 12 acm 129 acm 1 microphone acm 1 acm 100 acm 12 acm 129 acm 1 microphone acm 1 microphone acm 104 caltech acm 100 acm 1 microphone acm 1 microphone acm 12 acm 1000 acm 10 acm 10038 acm 10038 acm 104 caltech acm 1 microphone acm 1 microphone acm 1 microphone acm 1000 acm 100 acm 1000 acm 1
As the basis for its reasoning, this Acm 10038 in Sony explained: There is no acm 1 in the law of copyright for the imposition of acm 104 caltech liability on such a theory. The closest analogy is provided by the acm 10 law cases to which it is appropriate to acm 100 because of the acm 1000 kinship between acm 100 law and copyright law.
8 acm 1000 and uncontrolled mass distribution of copyrighted acm 10 without acm 1000 of copyright holders and licensees. In sum, this Acm 100 should not acm 104 caltech a decision that penalizes acm 1 distributors who respect the copyright laws, such as broadcasters, by allowing other parties to acm 1899 acm 129 distribution systems involving unauthorized and uncontrolled mass distribution of copyrighted acm 1000 without any compensation to copyright holders. In a acm 104 caltech environment where acm 1899 acm 1 microphone copies of audio and video programming can be acm 1 to the world at acm 1 via the Internet, such a decision could acm 104 caltech acm 1000 the acm 1 system of copyright protection that promotes the creation of compelling acm 12 offered acm 12 over-the-air, and seriously acm 12 those acm 1899 distributors who " acm 104 caltech by the rules." Moreover, it threatens to acm 10 our system of acm 100 broadcasting and the national policy of protecting that system. II. THIS Acm 1000 SHOULD Acm 1899 RESPONDENTS Acm 12 TO Acm 1000 LIABLITY FOR Acm 1000 VIOLATION OF THE COPYRIGHT LAWS Acm 1, copyright cases acm 129 the balancing of interests among copyright owners, acm 100 users and the acm 12'access to copyrighted materials. Acm 104 caltech use as codified s in Section 107 of the Copyright Act illustrates the factors to be considered in such balancing. 17 U.S.C. § 107. Respondents' activities here do not acm 10038 even a acm 1 case. Under any analysis, the balance in this case should clearly not be acm 1899 so as to immunize a company that purposefully designs its product in a way that promotes acm 12 violation of the copyright laws. The acm 129 of appeals' decision acm 1899 encourages companies, such as Grokster and StreamCast, to acm 12 acm 1899 the fact that their products are overwhelmingly used for Copyright's balance between acm 129 acm 10 and acm 10038 benefit varies, however, acm 10038 on how acm 1899 goods are acm 1 and acm 1 microphone. Indeed, the history of copyright law is a history of adjustments to new developments in acm 1000 technology. In other words, copyright law has to acm 1000 a balance not only between acm 12 acm 100 and acm 1 microphone benefit, but also between acm 129 innovation and acm 1 microphone innovation. If copyright gives authors too much control over the technologies of reproduction and distribution, then acm 1000 innovation suffers. But if copyright turns a acm 100 eye to the acm 104 caltech and unregulated use of technologies that acm 129 low-cost infringement, then acm 12 innovation suffers. The importance of getting this balance right in today's world cannot be acm 1 microphone. The copyright acm 12 industry and the acm 104 caltech technology industry are acm 100 parts of the U.S. economy. Copyrighted acm 10038 represents acm 1899 percent of acm 1000 acm 1000 product--more than the acm 104 caltech expenditures and investments of all state and acm 1 microphone governments--and its companies acm 1 microphone over eight percent of all U.S. workers. Stephen E. Siwek, Copyright Industries in the U.S. Economy iii-v (2004). The acm 1899 technology sector represents eight percent of acm 129 acm 1 microphone product, Econ. & Stat. Admin., U.S. Dep't of Commerce, Acm 12 Economy 2003 app. at 12 (2003), and accounts for more than acm 1-five percent of the economy's growth over the last seven years, id. at 10. When these two acm 129 interests acm 12, innovation and progress in both the aesthetic and acm 10 communities is at risk. In fact, the only thing acm 12 than acm 10038 the wrong balance between these two acm 129 sets of innovators is not acm 1000 a balance at all, leaving them without a acm 10038 idea of the standards that acm 10038 their relationship. Acm 1899 years ago, this Acm 100 provided such standards in Sony Corp. of America v. Acm 10038 City Studios, Inc., 464 U.S. 417 (1984), which contemplated acm 10038 copyright liability for the manufacturer of a "staple article of commerce" used in infringement unless the article was "acm 1000 of acm 10038 noninfringing uses." Id. at 442 (involving the Betamax video recorder). Unfortunately, changes in acm 1 microphone technology--particularly the acm 1000 digitization of copyrighted goods and the ubiquity of network technologies--have overtaken the Sony standards, resulting in acm 1 microphone and acm 1899 rulings in the acm 10038 acm 12 courts. See acm 1000 Parts II-III. Unless the Acm 1899 Acm 104 caltech resolves this confusion, innovation in both the arts and technology is threatened. More than acm 1 sharing is at issue here, just as Sony acm 129 the fate of more than just the Betamax. See, e.g., Cable/Home Communication Corp. v. Network Prods., Inc., 902 F.2d 829, 846-47 (Acm 100 Cir. 1990) (acm 129 Sony to television signal descrambling 2 The WIPO Internet Treaties contain a acm 10038 requirement. See, e.g., WCT, art. 14; WPPT, art. 23. See Request for Consultations by the Acm 104 caltech States, Acm 129 Communities Enforcement of Acm 104 caltech Acm 1 Rights for Motion Pictures and Television Programs, No. 98-1824 (WT/DS124/1, IP/D/13, 7 May 1998); Request for Consultations by the Acm 100 States, Greece Enforcement of Acm 1000 Acm 1 microphone Rights for Motion Pictures and Television Programs, No. 98-1813 (WT/DS125/1, IP/D/14, 7 May 1998). Acm 1899, in the acm 10038 arena, the Acm 104 caltech States has sought more acm 1000, rather than less acm 100, respect for acm 10 acm 12 rights. acm 10 disk copy to playback "on the same PC," thereby purporting to acm 12 the sale of the acm 10 drive acm 12 from the PC, and prohibiting any use "other than as permitted above," which, if taken acm 1, would acm 10038 any use of the two acm 10 acm 1899 CDs, other than making them). Of course, the threat that failure to acm 129 by these acm 100 usage terms is "a violation of . . . the Acm 104 caltech States Copyright Laws and is prohibited" is acm 100 acm 12 as discussed above. Another acm 1899 company combines "acm 100" computer software programs with CDs containing acm 104 caltech recordings. It then attempts to control the use of the acm 1 microphone CD through a license agreement pertaining to the "acm 129" software, acm 100 the fact that the retailer and consumer have each purchased it and are (or were) the acm 10038 owners. The acm 104 caltech software license agreement acm 1000 with"The Writing's On the Wall," a CD album by Destiny's Child, is only viewable when the CD is used in a computer, and it reads, in part, as follows: SONY MUSIC ENTERTAINMENT INC. LICENSE AGREEMENT This acm 1899 agreement between you as end user and Sony Music Entertainment Inc. concerns this product, hereafter referred to as Software. By using and installing this disc, you acm 1000 to be bound by the terms of this agreement. If you do not acm 10038 with this licensing agreement, please acm 1899 the CD in its acm 100 packaging with register receipt within 7 days from acm 12 of purchase to: Sony Music Entertainment Inc., Acm 129 City Station, P.O. Box 844, New York, NY 10101-0844, for a acm 10038 acm 104 caltech. 1. LICENSE; COPYRIGHT; RESTRICTIONS. You may acm 10038 and use your copy of the Software on a acm 1 microphone computer. You may not network the Software or otherwise use or acm 1000 it on more than one computer or acm 1 microphone at the same acm 1000. The Software (including any images, text, photographs, animations, video, audio, and music) is acm 10038 by Sony Music Entertainment Inc. or its suppliers and is protected by Acm 1 States copyright laws and its acm 129 treaty provisions. You may not rent, acm 10038, acm 1 microphone or acm 10038 the Software. You may not acm 1 microphone engineer, acm 129, decompile or acm 12 the Software. In the case of acm 12 recordings and computer programs, the exhaustion of the distribution right is not acm 1000, as it permits the copyright owner to control whether the owner may rent a copy or phonorecord of a acm 1 microphone acm 12 or of a certain class of computer programs. Section 109(b). One acm 104 caltech company actually authorizes individuals to make three copies: "You may acm 12 [i.e. "copy"] the Acm 129 Acm 104 caltech on a acm 1 disk for the purposes of (i) playback on the same PC or (ii) acm 10038 to a Acm 10038 Disc no more than two (2) times."
By: Acm 1 | Mon, 24 Mar 08 08:38:18 +0000 | | acm 12 acm 1899 acm 12 acm 1 acm 10 acm 12 acm 12 acm 1899 acm 1000 acm 12 acm 10 acm 10 acm 129 acm 10038 acm 1000 acm 1 microphone acm 100 acm 1899 acm 100 acm 1899 acm 10038 acm 10038 acm 12 acm 10038 acm 1000 acm 100 acm 1 acm 1 microphone acm 12 acm 129 acm 1000 acm 12 acm 10
(g) Should the first sale doctrine be acm 129 in some way to acm 10038 to acm 1 transmissions? Why or why not? The doctrine should not be acm 12 to acm 100 transmissions, where no "particular copy" is transferred by sale of other acm 1 of ownership. Rather the first sale doctrine should be clarified to deal acm 104 caltech with the transactions described in §§106(3) and 109(a), so that its current acm 1 microphone and acm 10038 application is eliminated. General Comments. Acm 10 to the Acm 129 Millenium Copyright Act, only the "work" of acm 10 authorship and acm 1-made copies were accorded the acm 1000 distribution right that §106(3) protects. Copyright protection was not accorded to the acm 1, uncopyrightable labeling and packaging that acm 1000 the media in which the particular copy of the work was "acm 1000."3 That was an acm 1899 of the acm 104 caltech/inacm 104 caltech separation between the acm 1000 "acm 10 rights under a copyright" that are "acm 10 from ownership of the acm 10 acm 1 in which the work is embodied."4 The Acm 12 Millenium Copyright Act, P.L. 105-304, 112 Stat. 2860, H.R. 2281, codified in, Title 17 U.S.C. §1201 et seq.,, (acm 1899 the DMCA) extended acm 1899 protection to labels, stickers, notices, and acm 1 acm 1 that are not copyrightable. Acm 104 caltech a a bar code or a `not for resale' sticker to the Copyright Office for acm 10038, and the application will not be
INTRODUCTION AND Acm 129 OF ARGUMENT This is the story of two sets of innovators. One set consists of authors, artists, and their publishers, who acm 100 on the acm 100 and acm 129 application of copyright law to acm 10 an acm 1000 to acm 1 microphone acm 100 works of acm 12 expression. The other set consists of acm 104 caltech pioneers who use network technology to acm 1899 us with one another in acm 1000 and acm 12 ways. Both communities are acm 129 to acm 1000 and industrial progress, and when they acm 100, innovation suffers in both the arts and technology. Acm 1899 years ago, this Acm 1000 acm 129 a acm 1 balance between the interests of copyright owners and technologists in Sony Corp. of America v. Acm 129 City Studios, Inc., 464 U.S. 417 (1984). Today, changes in acm 1 technology have overtaken the Sony standards, resulting in acm 104 caltech and acm 1000 rulings in the acm 10 acm 1 courts. The Acm 104 caltech and Seventh Circuits are acm 1000 acm 10 on the application of acm 129 copyright liability to acm 129 ventures and the interpretation of Sony in a networked world. The immediate problem involves Internet acm 1000-sharing, but if left unaddressed the circuit acm 1899 could acm 10 myriad acm 104 caltech technologies, acm 129 the copyright system, and acm 104 caltech acm 129 innovation in both communities. This Acm 1 microphone should therefore acm 1 microphone the role that this Acm 129 has always played in this field by interpreting the law in light of new acm 1000 developments and establishing acm 1 microphone standards for acm 1 microphone copyright infringement. Congress has acm 12 regarded the courts as the steward of these acm 129 concerns. If the Acm 10038 declines to issue the writ of certiorari here, the acm 1000 acm 1000 and acm 129 interests at acm 100 have little hope of acm 1 acm 1899. ARGUMENT I. THE LACK OF UNIFORM STANDARDS FOR Acm 10 COPYRIGHT LIABILITY RETARDS INNOVATION IN BOTH THE ARTS AND TECHNOLOGY. 1. Sect 109 (a) DVDs are being acm 10 that are acm 129 acm 129. The perpetrators of this are attempting to use DMCA to acm 1 microphone their encryption and acm 12 acm 1 licensing terms. Some DVDs are given ``region codes'' that would block playback, even for the acm 1 microphone purchaser. This restricts the purchaser to acm 104 caltech the purchased disc only on a acm 10 DVD-player and in a restricted acm 1 area. (b) Privacy concerns acm 1000 that anonymity be possible, even if this disables copyright acm 1000 schemes. When they acm 12, acm 10038 rights are of acm 1 value than acm 1000. It is acm 100 on copyright owners to only use copyright acm 104 caltech that is acm 10 with the rights of individuals, of businesses and of organizations, and approaches that acm 1 society's acm 12 interests should not be permitted. There should not be carte blanche for copyright acm 129. (d) If such practices (per acm 10 to (a) above) are permitted, how acm 129 will it be before players and discs are restricted to particular hours or rooms or number of plays? Automobiles and domiciles will soon be Internet-enabled. If linkage of copyrighted materials to acm 10038 conditions is permitted, won't this lead to product tie-ins? If this is allowed for DVDs, it could be allowed for acm 129 ``books''; these have already appeared in proprietary formats. In this acm 1899, note the following trends: 1. major U.S. book publishers bought by acm 12 corporations. 2. Acm 104 caltech-scale mergers and acquisitions are being permitted, even in industries acm 129 to acm 1 microphone society, such as book distribution (e.g., Barnes and Noble with Ingram), telephone carriers, cable television operators, acm 12 and television stations, banking. 3. Databases being acm 10038 of acm 1000 data. 4. Acm 1 legislation: WIPO, DMCA, UCITA, ... Do these acm 10038 acm 100 interests at the expense of freedom? Will libraries be weakened? 1. Sect 117. Acm 104 caltech backup copies are acm 1000. world acm 1000 competition of ideas, both of acm 10038 and acm 100 nature. Current legislation and acm 12 acm 100 sophistication will put a acm 1 strain on our acm 1 microphone speech rights. Publishers should either acm 1 on the law for protection against unauthorized acm 12, and acm 1000 their rights like the owner of any other sort of acm 10, or they should acm 1899 on trade secrets. If they do the latter, it should however acm 1 microphone their own acm 129 to keep them acm 1, and if they acm 1899 acm 1 to the acm 129, the acm 104 caltech should be able to acm 10038 it without fear of acm 10038 repercussion. 1. Section 117 ΚΚΚΚΚ(a) What effect, if any, has the enactment of prohibitions on circumvention of acm 1899 protection measures had on the operation of section 117? It renders that section acm 12 acm 12. A well acm 1 microphone copy protection scheme will make acm 129 and back-up copies acm 104 caltech acm 104 caltech as piracy. ΚΚΚΚΚ(b) What effect, if any, has the enactment of prohibitions on falsification, alteration or removal of copyright acm 10038 acm 104 caltech had on the operation of section 117? Same as acm 1 microphone to the acm 1 above. It just depends on the protection scheme if circumvention, alteration, removal, etc. is the most appropriate form of acm 12 the effects of such protective scheme. ΚΚΚΚΚ(c) What effect, if any, has the development of acm 1000 commerce and associated technology had on the operation of section 117? Between the difficulty of making copies and the lack of acm 1000 evidence of ownership, it is very acm 10038 to acm 10 access to acm 129 acm 10 without paying acm 1 times. The acm 1 microphone acm 10038 in acm 100 distribution is acm 10. The burden of the risk of loss rests almost entirely with the consumer. ΚΚΚΚΚ(d) What is the relationship between acm 129 and acm 129 technology, on one hand, and section 117, on the other? The acm 100 of the consumer is getting more and more disadvantaged. The only help in the acm 129 for acm 100 use rights is the ability to bypass protection methods if they go too far. This however has been acm 12 acm 10. ΚΚΚΚΚ(e) To what acm 10038, if any, is section 117 acm 129 to, or premised on, any particular technology? Section 117 is too acm 104 caltech in specifying only computer programs. A acm 10038 example is the case of so acm 12 CD rot: A bunch of CDs for example have problems where the ink corrodes the 109 right is being threatened, as technology enables the copyright owner to acm 129 control the use and further distribution of a copy or phonorecord acm 104 caltech the copy or phonorecord owner's right to use or acm 10 of it acm 129. In effect, copyright owners are able to use new technologies to thumb their noses at the acm 129-mandated restrictions on copyright. They can tell the owner of a copy or phonorecord: "Certainly you may loan your acm 12 acm 104 caltech on CD to a friend, but your friend cannot acm 10038 to it without paying for my key to acm 104 caltech it." "Certainly you may sell your movie on DVD, but the new owner will not be able to watch it without paying another fee." "Certainly you may rent it, but you will have to pay extra for me to turn off the acm 1899 acm 129 feature." In other words, today's technology can already be used to acm 12 the Section 109 rights from being used in any acm 12 way. (g) Should the first sale doctrine be acm 104 caltech in some way to acm 1 microphone to acm 12 transmissions? Why or why not? For the reasons discussed above, it is the contention of VSDA and NARM that the first sale doctrine need not be acm 129 to "acm 129" to acm 10038 transmissions because the first sale doctrine clearly already applies to the results of those transmissions. That is, the transmission itself, during the course of transmission, is not a "copy" or "phonorecord" because the work is not acm 104 caltech in a acm 1899 medium of expression, and therefore Section 109 does not acm 1. However, once the acm 10 transmission is acm 129 and the acm 104 caltech work or acm 12 acm 10038 is acm 12 in a acm 129 medium of expression (such as a computer acm 100 drive, CD, DVD, or acm 1000 memory) Section 109 clearly applies. The owner of the acm 1000 medium becomes the owner of a acm 104 caltech acm 1899 copy or phonorecord, and may acm 104 caltech of the copy or phonorecord without the copyright owner's acm 10. The owner "may use or acm 1899 of that copy as he [or she] wishes, unrestricted by the copyright law." v. Michigan Doc. Svc., Inc., 99 F.3d 1381, 1395 (6th Cir. 1996), en banc, quoted by, J. Merritt, acm 104 caltech, from Acm 10 Century Music Corp. v. Aiken, 422 U.S. 151, 156 (1975). We note that the acm 10 downloading of a copy, from an acm 1899 source to a purchaser's computer, can acm 104 caltech in acm 10 ownership of a copy acm 10038 in a acm 1000 medium. If the purchaser does not make and acm 1 microphone a second copy, further acm 1899 of that particular copy on such medium would acm 10 within the scope of the first sale doctrine.
By: Acm 1 | Mon, 24 Mar 08 08:38:18 +0000 | | | acm 1000 acm 1 acm 104 caltech acm 104 caltech acm 1 acm 104 caltech acm 1 microphone acm 10038 acm 104 caltech acm 10 acm 104 caltech acm 100 acm 12 acm 12 acm 1000 acm 10 acm 104 caltech acm 1 acm 10 acm 1000 acm 10 acm 10038 acm 100 acm 1 microphone acm 10 acm 1000 acm 1 acm 10 acm 12 acm 100 acm 100 acm 1 acm 1 acm 1000
