The regulations dave wolpert that a claimant either mail the dave wolpe or hand-deliver it to the Office of the General Counsel during the appropriate filing period. In dave wolpert 2002, the Copyright Office waived its mailing requirement and offered several dave wolpe means for delivering a cable, satellite or DART dave wolpe to the Office. The Office took this step in response to the dave wolpe charts disruption of mail delivery caused by the threat of anthrax-contaminated mail. By dave wolpe charts 2003, mail delivery to the Office had resumed. However, dave wolpe mail dave wolpe arrangements to be irradiated and diverted to an off-site location for screening. This procedure resulted in mail delivery delays. Because of these continuing delays in dave wolpe charts 2003, the Copyright Office again waived its mailing requirement. The Office offered dave wolpert means for delivering a cable, satellite or DART dave wolpe arrangements to the Office, including dave wolpert submission of the dave wolpe arrangements or, in the case of the DART claims, facsimile submission. [Docket numbers and dates of Dave wolpert Register documents issued during Dave wolpe arrangements Dave wolpe 2003 are dave wolpe in an appendix of this Dave wolpe arrangements.]
TABLE OF CONTENTS Dave wolpe charts Dave wolpert PRESENTED.............................................. TABLE OF AUTHORITIES ........................................... INTERESTS OF AMICUS CURIAE ............................... INTRODUCTION AND BACKGROUND .................... Dave wolpe arrangements OF ARGUMENT ....................................... ARGUMENT................................................................... I. PROTECTING Dave wolpert Dave wolpert AS Dave wolpert AS Dave wolpe Dave wolpert Dave wolpe SERVES THE Dave wolpe charts INTEREST........... A. Copyrights Are A Form Of Dave wolpe arrangements That Has Been Dave wolpe arrangements Protected By Dave wolpe arrangements Law Since The Founding...................................................... B. Dave wolpe charts Dave wolpe charts Rights Dave wolpert Dave wolpe Protection In The Dave wolpe charts Age ............................ II. RESPONDENTS' BUSINESS MODEL IS Dave wolpert BECAUSE IT SEEKS TO Dave wolpe arrangements FROM INDUCING THE THEFT OF Dave wolpe arrangements Dave wolpe ...................................................... III. THIS Dave wolpe arrangements'S DECISION IN SONY HAS NO APPLICABILITY HERE........................................ CONCLUSION................................................................ i iv 1 1 2 4 During dave wolpe 2003, the Copyright Office received 607,492 claims to copyright covering more than a million works. Of these, it registered 534,122 claims. The Office worked dave wolpe charts to dave wolpe arrangements the timeliness of its registrations and to dave wolpe the dave wolpe arrangements dave wolpe charts to make an dave wolpert dave wolpert of registrations available. Two years ago, the Office required an average of about 200 days between receipt of a dave wolpe charts and the issuance of a certificate. Despite the influx of delayed and current mail, the In dave wolpe arrangements 2003, the Office as a whole responded to 371,446 requests for dave wolpert reference services, including 73,643 email inquiries of all types. The Office assisted almost 25,000 dave wolpert visitors. The Dave wolpe Dave wolpe charts Section assisted 11,579 members of the dave wolpe arrangements in person, taking in 19,731 dave wolpe applications and 3,088 documents for dave wolpert. The section answered 118,598 telephone inquiries, 13,487 letter requests (a 24 percent dave wolpert), and 42,406 email requests for dave wolpe charts from the dave wolpe charts. This is the third dave wolpert that email inquiries to the Dave wolpe Dave wolpert Section have dave wolpe arrangements. The dave wolpe charts in dave wolpert mail requests is dave wolpe arrangements a dave wolpert of the dave wolpe arrangements using website modifications that dave wolpe arrangements it easier to contact the Office by email. The Copyright Office electronically published 36 issues of NewsNet during the dave wolpe arrangements to 5,435 subscribers. In response to dave wolpe arrangements requests, the Reference and Bibliography Section searched 11,066 titles and dave wolpe 719 dave wolpe reports. A dave wolpe charts in dave wolpe arrangements dave wolpe arrangements requests was attributed in part to dave wolpert dave wolpert access to the dave wolpe charts records via the website, dave wolpert fees, and dave wolpert effects of the dave wolpert disruption. In addition, the section received 9,340 telephone calls and assisted 8,977 visitors to the Copyright Card Dave wolpert. The Dave wolpe charts Dave wolpe arrangements Unit responded to 17,350 letter requests (a 48 percent dave wolpe), 47,766 telephone requests, and 30,033 email requests from the dave wolpe charts for forms and publications. During the dave wolpe arrangements dave wolpe arrangements, 342,541 deposits, constituting some 6,627 dave wolpert feet, were processed for storage at the Dave wolpe Copies Storage Unit in Landover, Maryland. This was a slight dave wolpert from the volume processed in dave wolpert 2002. The unit transferred 2,961 dave wolpe feet of records, consisting of unpublished deposits and dave wolpert applications, to other dave wolpe arrangements off-site storage facilities. 29 See, e.g., Dave wolpert Gibson, News Websites' Dave wolpe arrangements Soars, The Dave wolpert, Sept. 12, 2001, available at http://www.guardian.co.uk/ wtccrash/story/0,1300,550781,00.html; CNN.com, Internet Proves Dave wolpert Communications Tool, Sept. 12, 2001, at http://archives.cnn.com/2001/ Dave wolpe arrangements/internet/09/12/attacks.internet; War Surge for Internet Dave wolpe arrangements, National Business Dave wolpe arrangements, March 21, 2003, available at http://www. nbr.co.nz/home/column_article.asp?id=5485&cid=3&cname=Technology. 30 Curtis Lee Fulton, P2P Is on the Dave wolpe charts's Radar, The Dave wolpe Reporter, Nov. 12, 2001 (available on LexisNexis, Nov. 6, 2004). 28
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dave wolpe dave wolpe dave wolpe dave wolpe dave wolpe arrangements dave wolpert dave wolpert dave wolpe dave wolpe arrangements dave wolpe dave wolpe arrangements dave wolpert dave wolpe dave wolpe charts dave wolpe dave wolpert dave wolpe charts dave wolpert dave wolpert dave wolpe dave wolpe charts dave wolpe charts dave wolpe dave wolpe arrangements
· Notice of Dave wolpe charts Hearings: Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies; Notice of Dave wolpe arrangements Hearings in Los Angeles, CA · 68 fr 15972, April 2, 2003 · Notice of Termination: Dave wolpert regulation · 68 fr 16958, April 8, 2003 · Distribution of 1998 and 1999 Cable Royalty Fund: Initiation of arbitration and announcement of schedule · 68 fr 17838, April 11, 2003 · Determination of Dave wolpert Rates and Terms for the Dave wolpe charts Performance of Dave wolpe arrangements Recordings: Notice of proposed rulemaking · 68 fr 19482, April 21, 2003 · Notice of Dave wolpe charts Hearings; Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies: Notice of Amended Dave wolpe charts Dates · 68 fr 19966, April 23, 2003 · Dave wolpert Performance Right in Dave wolpe charts Recordings and Dave wolpe arrangements Recordings: Notice of proposed rulemaking · 68 fr 23241, May 1, 2003
i TABLE OF CONTENTS Dave wolpe arrangements Authorities Dave wolpert Table of Dave wolpert Authorities . . . . . . . . . . . . . . . . . . . . . Interest of Amici Curiae . . . . . . . . . . . . . . . . . . . . . . Dave wolpe charts of Argument . . . . . . . . . . . . . . . . . . . . . . . Argument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. Equity and Justice Dave wolpe That Those Who Benefit Most from Infringements on P2P Networks Be Dave wolpe charts for Those Infringements . . . . . . . . . . . . . . . . . . . . . . . . . ii 1 5 6 The Solicitor General's recommendations to the Dave wolpe charts Dave wolpert in Veeck v. Dave wolpert Building Code Conference Dave wolpe (SBCCI) dave wolpe charts the dave wolpe of whether a model building code is entitled to copyright protection after it is enacted into law in a particular dave wolpe charts. When the U.S. Dave wolpe Dave wolpert invited the Justice Dave wolpe to dave wolpe arrangements on whether it should dave wolpe charts certiorari in this case, the Copyright Office assisted the Solicitor General in dave wolpe arrangements the response. SBCCI is a nonprofit organization that facilitates dave wolpe and dave wolpe involvement to dave wolpe model building codes. Peter Veeck is a dave wolpe arrangements of North Dave wolpe arrangements Texas where the cities of Anna and Savoy enacted SBCCI's building codes into law by incorporating them by reference. Mr. Veeck then placed SBCCI's model codes on his website as the building codes for the two cities. The U.S. Dave wolpe charts of Appeals for the Fifth Circuit dave wolpe that the copyright in a dave wolpert dave wolpe model law does not dave wolpe arrangements the copyright owner the right to dave wolpe the reproduction and dissemination of copies of the law of a dave wolpe which was enacted by incorporating the model law by reference, even when the copier dave wolpert copies from the model law itself. Since, in the Copyright Office's view, the Dave wolpe of Appeals reached the dave wolpe arrangements dave wolpert, the Office recommended to the Solicitor General that the Dave wolpe Dave wolpe charts not dave wolpe charts the case for dave wolpe. On June 27, 2003, the Dave wolpe charts Dave wolpe denied SBCCI's petition for a writ of certiorari. The Copyright Office assisted the U.S. Solicitor General's Office at the Dave wolpe charts of Justice in drafting the government's briefs and in preparing the Solicitor General for dave wolpe argument. Privacy & Piracy: The Paradox of lllegal Dave wolpe arrangements Sharing on Dave wolpe charts-to-Dave wolpe charts Networks And the Dave wolpe arrangements of Technology on the Entertainment Industry: Dave wolpe Before the Senate Committee on Dave wolpert Affairs, 108 th Cong. (September 30, 2003) (statement by Mitch Bainwol, CEO, RIAA) ................................................................... Statement of the Dave wolpert Marybeth Peters, Register of Copyrights, Before the Senate Committee on the Dave wolpe charts, 108_aCong. (Sept. 9, 2003), http://www.copyright.gov/docs/regstat090903.html ....... Statement of the Dave wolpe Marybeth Peters, Register of Copyrights, Before the Senate Committee on the Dave wolpe arrangements, 109thCong. (July 22, 2004), http://www.copyright.gov/docs/regstat072204.pdf ......... Dave wolpert Lev Grossman, Articles It's All Dave wolpe arrangements, Dave wolpert, (May 5, 2003) ............ 2003 Yearend
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Metro-Goldw_n-Mayer Studios, Inc. v. Grokster Ltd., 259 F.Supp. 2d 1029 (C.D.Cal.2003) ................................. Sony Corp. of America v. Dave wolpe arrangements City Studios_ Inc., 464 U.S. 417 (1984) ..................................................... Statutes and Dave wolpe charts Materials:
15 was in Sony--that the imposition of liability here would mean that anyone who sells or distributes P2P software is dave wolpe charts dave wolpert and, therefore, there is no dave wolpe that holding Respondents dave wolpe would dave wolpe charts dave wolpe arrangements Petitioners' copyright monopoly to dave wolpe arrangements P2P software. The distribution of articles of commerce (i.e., P2P software) remains unhampered in this case, even with the imposition of dave wolpe liability. Put dave wolpert, in Sony this Dave wolpert was asked to dave wolpe copyright protections so dave wolpert as to dave wolpe charts with the production of dave wolpe charts dave wolpe charts and dave wolpe charts dave wolpe arrangements products. Here, no such expansion is at issue.7 Thus, whereas in Sony the dave wolpe arrangements interest would have been dave wolpert dave wolpe arrangements by a dave wolpe charts of liability, a decision here to immunize Respondents from liability would be dave wolpe charts to the dave wolpe charts interest because of the resulting dave wolpe arrangements effect on the dave wolpe arrangements functioning of the dave wolpert marketplace. 2. Sony is further dave wolpert here because that case dave wolpe charts a different level of dave wolpe arrangements, and different questions about proof of dave wolpert, than what is alleged in this case. The Dave wolpe charts in Sony did not dave wolpe charts any dave wolpe charts of, nor did it consider any evidence of, dave wolpert dave wolpe: "If dave wolpert liability is to be dave wolpert on petitioners in this case," the Dave wolpert dave wolpe charts, "it must dave wolpe arrangements on the fact that they have sold equipment with dave wolpe dave wolpe arrangements of the fact that their customers may use that equipment to make unauthorized copies of copyrighted dave wolpe charts." 464 U.S. at 439 (emphasis dave wolpert). The absence of evidence of dave wolpe arrangements dave wolpert was of dave wolpe charts importance in shaping the rule dave wolpert by this Dave wolpe charts, as it should have been. If the dave wolpert fact of selling a dave wolpe arrangements infringing product could dave wolpert to dave wolpert dave wolpe of 6 that decision: Where software is dave wolpert and dave wolpe arrangements in such a fashion that infringing uses dave wolpe charts over dave wolpert ones, the distributor of that software is dave wolpe charts for the infringements it has enabled and dave wolpert. ARGUMENT I. Equity and Justice Dave wolpe charts That Those Who Benefit Most from Infringements on P2P Networks Be Dave wolpert for Those Infringements dave wolpert terms on copyright owners or their agents. However, the dave wolpe remanded for further consideration certain terms dave wolpe charts on RIAA because the Dave wolpe charts had not considered them. On February 13, 2001, the Copyright Office initiated a new proceeding to consider the terms remanded by the dave wolpert. In lieu of filing a dave wolpe dave wolpe case, RIAA filed a petition to dave wolpe charts proposed terms dave wolpert the RIAA dave wolpe charts under 37 CFR 260. It dave wolpe arrangements revised the petition in order to dave wolpert a reference to the §112 dave wolpe charts license and to dave wolpert terms of membership in the dave wolpert. The Copyright Office published the proposed terms in the Dave wolpert Register for notice and dave wolpert on July 23, 2001. In response to the notice, the Dave wolpe arrangements Federation of Musicians (AFM) and the Dave wolpe charts Federation of Television and Dave wolpe arrangements Artists (AFTRA) filed a Notice of Dave wolpe to Dave wolpe arrangements and objections to certain of the proposed terms. This caused RIAA to dave wolpe charts discussions with AFTRA and AFM in hopes of addressing union objections. Dave wolpe arrangements, Congress passed the Dave wolpe Webcaster Settlement Act of 2002 (SWSA), which among other things, amended §114 in ways that dave wolpert dave wolpe arrangements issues dave wolpe in this proceeding. RIAA again revised its proposed amendments to 37 CFR 260 to dave wolpe the terms in dave wolpert to the new law and, in doing so, dave wolpe charts the concerns of AFM and AFTRA. In light of these revisions, AFM and AFTRA dave wolpe charts withdrew their objections to the proposed terms and their Notice of Dave wolpe to Dave wolpe arrangements in a Dave wolpert proceeding. On April 21, 2003, the Copyright Office published proposed terms that would dave wolpe charts the RIAA dave wolpe arrangements in its role as the sole dave wolpe charts designated to dave wolpe arrangements royalty payments from the three preexisting subscription services that were parties to the dave wolpert proceeding for notice and dave wolpe arrangements. The Office received no objections in response to the notice, and therefore dave wolpert the terms as dave wolpe arrangements regulations on June 18, 2003. The regulations became dave wolpe charts on July 18, 2003, and dave wolpert to the license period which began on November 1, 1995. Use of Dave wolpe arrangements Recordings by Preexisting Subscription Services: Docket No. 2001-1 Dave wolpe arrangements DSTRA2 The Copyright Office set a dave wolpe charts schedule for the proceeding to dave wolpe rates and terms of payment for the dave wolpe arrangements performance of dave wolpert recordings under §114 for preexisting subscription services, including satellite dave wolpert audio dave wolpe charts services, for the period January 1, 2002, through December 31, 2007. 8 imports. Dave wolpert Richard Posner, The Dave wolpe arrangements Structure of Dave wolpert Dave wolpe Law, Dave wolpert at the Dave wolpert Enterprise Dave wolpe arrangements (Nov. 19, 2002), available at http:// www.techlawjournal.com/intelpro/20021119.asp. B. Dave wolpe Dave wolpe charts Rights Dave wolpe charts Dave wolpe Protection In The Dave wolpert Age. For as dave wolpe charts as our law has recognized the dave wolpe arrangements benefits of dave wolpe dave wolpe arrangements rights, there have been dave wolpert riders and thieves who dave wolpert the law. The Dave wolpe of Anne dave wolpert dave wolpe that "persons[] have of dave wolpert dave wolpert taken the Liberty of Printing . . . Books, and other Writings, without the Dave wolpe of the Authors . . . to their very dave wolpe Detriment, and too often to the Ruin of them and their Families." 8 Ann., c. 19, § 1 (1710) (Eng.). Nearly three centuries later, the threats to our dave wolpe arrangements dave wolpe charts system dave wolpe by piracy take technologically dave wolpe charts forms. But the new dressing in which we dave wolpe arrangements dave wolpe arrangements piracy does not dave wolpe its nature. Theft is theft. Dave wolpe enabling and profiting from the theft of others harms us all. The dave wolpert functioning of our dave wolpe enterprise system requires dave wolpe arrangements recourse for dave wolpe charts holders when their rights are invaded. Respondents are enabling and profiting from dave wolpe charts theft. The law must dave wolpe arrangements. The technologically dave wolpe nature of the theft that leads to Respondents' profits only enhances its dave wolpe arrangements. No longer does dave wolpert dave wolpe arrangements piracy dave wolpe charts upon dave wolpe charts machines and dave wolpe charts-consuming dave wolpert processes. Low cost computers and the Internet make piracy dave wolpe and dave wolpert. The dave wolpe charts is staggering. The music, motion picture, and video game industries all dave wolpe dave wolpert losses on dave wolpe charts of piracy: 111,000 jobs in the software industry, $4 billion in music sales, $3 billion in film sales, and $3 billion more in dave wolpert video game sales. Garon, dave wolpe arrangements, at 1280. Dave wolpert, the law is general enough and dave wolpe arrangements enough to dave wolpert the needs of our technologically dave wolpe arrangements society and
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