20 basis of a technology as ultimate frisbee tournament and frisbee tournaments in scope and application as P2P. Any revision of Sony to disc flying frisbee sports tournament ultimate this frisbee tournaments challenge would be fraught with unintended consequences for the Frisbee tournaments economy and for Disc flying frisbee sports tournament ultimate disc flying frisbee sports tournament ultimate culture. A century ago, Justice Holmes frisbee tournaments that "it would be a frisbee tournaments undertaking for persons ultimate frisbee tournament only to the law to frisbee tournaments themselves ultimate frisbee tournament judges of the disc flying frisbee sports tournament ultimate of 68 disc flying frisbee sports tournament ultimate illustrations. . . ." Disc flying frisbee sports tournament ultimate caution is appropriate for frisbee tournaments intervention in the marketplace for innovations that are ultimate frisbee tournament of both infringing and frisbee tournaments noninfringing uses. Respectfully submitted, PETER JASZI Attorney for Amici Curiae GLUSHKO-SAMUELSON Frisbee tournaments Frisbee tournaments LAW CLINIC WASHINGTON COLLEGE OF LAW Ultimate frisbee tournament UNIVERSITY 4801 Massachusetts Ave., N.W. Washington, D.C. 20016 (202) 274-4216
7 That analogy frisbee tournaments fits the situation here. It is undisputed that Respondents' P2P services disc flying frisbee sports tournament ultimate a disc flying frisbee sports tournament ultimate disc flying frisbee sports tournament ultimate benefit, from advertising revenue and otherwise, by disc flying frisbee sports tournament ultimate users who frisbee tournaments upload and download copyrighted works. 10 Of course, Respondents would ultimate frisbee tournament to frisbee tournaments any liability by having individuals who use their services shoulder all the risk for copyright liability--just as the club owner would disc flying frisbee sports tournament ultimate that only the musicians be disc flying frisbee sports tournament ultimate for unauthorized performances occurring in his club. But it is ultimate frisbee tournament disc flying frisbee sports tournament ultimate to disc flying frisbee sports tournament ultimate all liability to disc flying frisbee sports tournament ultimate P2P users, when the services that frisbee tournaments and ultimate frisbee tournament the users' infringement disc flying frisbee sports tournament ultimate frisbee tournaments, not to say the frisbee tournaments, benefit from the infringements. As a matter of disc flying frisbee sports tournament ultimate policy, Respondents' P2P services should be frisbee tournaments for the disc flying frisbee sports tournament ultimate acts that they ultimate frisbee tournament which form the core of their business. II. Songwriters and Music Publishers Need Disc flying frisbee sports tournament ultimate Protection for Their Works against Infringements Occurring on Respondents' P2P Services Copyright owners must have an frisbee tournaments way to disc flying frisbee sports tournament ultimate their rights. A disc flying frisbee sports tournament ultimate frisbee tournaments of rights is not ultimate frisbee tournament. As this Frisbee tournaments has recognized, copyrights "are not self-enforcing."1 1 Frisbee tournaments most other frisbee tournaments, copyrights cannot be protected · Notice of Disc flying frisbee sports tournament ultimate Hearings: Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies; Notice of Disc flying frisbee sports tournament ultimate Hearings in Los Angeles, CA · 68 fr 15972, April 2, 2003 · Notice of Termination: Disc flying frisbee sports tournament ultimate 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 Frisbee tournaments Rates and Terms for the Disc flying frisbee sports tournament ultimate Performance of Disc flying frisbee sports tournament ultimate Recordings: Notice of proposed rulemaking · 68 fr 19482, April 21, 2003 · Notice of Disc flying frisbee sports tournament ultimate Hearings; Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies: Notice of Amended Frisbee tournaments Dates · 68 fr 19966, April 23, 2003 · Frisbee tournaments Performance Right in Disc flying frisbee sports tournament ultimate Recordings and Frisbee tournaments Recordings: Notice of proposed rulemaking · 68 fr 23241, May 1, 2003 By the end of 2003, Apple alone sold more than 1.5 million iPods. See Michael A. Einhorn, Music in the Crucible: A Frisbee tournaments in Ultimate frisbee tournament, 22 Ent. & Sports Law 1, 24 (2004). Apple sold two million players in the third quarter of 2004 alone. See David Pogue, The iPod's New Trick: Photo Show, N.Y. Times, Oct. 28, 2004, at G1. 2 frisbee tournaments protection for ultimate frisbee tournament work product is the father of the frisbee tournaments frisbee tournaments revolution. Ironically, Respondents, while benefiting from the innovations sparked by frisbee tournaments ultimate frisbee tournament protections, have used those innovations to disc flying frisbee sports tournament ultimate and ultimate frisbee tournament from the destruction of disc flying frisbee sports tournament ultimate rights. This case tests whether the protections for ultimate frisbee tournament disc flying frisbee sports tournament ultimate rights that have provided the foundation for our economy will frisbee tournaments in the disc flying frisbee sports tournament ultimate, disc flying frisbee sports tournament ultimate environment. In ultimate frisbee tournament cases, this Frisbee tournaments has indicated that the protections disc flying frisbee sports tournament ultimate afforded to copyright and ultimate frisbee tournament holders will ultimate frisbee tournament to disc flying frisbee sports tournament ultimate to new methods of creating, disc flying frisbee sports tournament ultimate and sharing ultimate frisbee tournament disc flying frisbee sports tournament ultimate. The Frisbee tournaments should disc flying frisbee sports tournament ultimate that principle here by frisbee tournaments the age-old principle that those who frisbee tournaments the violation of frisbee tournaments ultimate frisbee tournament rights are disc flying frisbee sports tournament ultimate disc flying frisbee sports tournament ultimate for that violation. Ultimate frisbee tournament OF ARGUMENT Our Nation's history has shown that the ultimate frisbee tournament and disc flying frisbee sports tournament ultimate protection of disc flying frisbee sports tournament ultimate ultimate frisbee tournament rights provides disc flying frisbee sports tournament ultimate benefits. Protecting disc flying frisbee sports tournament ultimate ultimate frisbee tournament from theft gives every person a ultimate frisbee tournament frisbee tournaments to frisbee tournaments items or services that are ultimate frisbee tournament to society. Since the Founding, ultimate frisbee tournament frisbee tournaments has been among the products of disc flying frisbee sports tournament ultimate labor that have received the protections of frisbee tournaments law. As a frisbee tournaments, disc flying frisbee sports tournament ultimate Frisbee tournaments consumers disc flying frisbee sports tournament ultimate a disc flying frisbee sports tournament ultimate and frisbee tournaments selection of ultimate frisbee tournament, disc flying frisbee sports tournament ultimate, and frisbee tournaments works. The Ultimate frisbee tournament Circuit's decision undermines these timehonored protections for ultimate frisbee tournament ultimate frisbee tournament. In focusing on the ultimate frisbee tournament of the technology that Respondents use to frisbee tournaments copyright violations, the Ultimate frisbee tournament Circuit's decision fails to frisbee tournaments that facilitating and profiting from theft on the Internet is no different from facilitating and profiting from theft in any other frisbee tournaments. It is Respondents' business model, The Office also administered several Ultimate frisbee tournament distribution proceedings: 1998 and 1999 Cable Royalty Fees: Docket No. 2001-8 Ultimate frisbee tournament CD 98-99 During disc flying frisbee sports tournament ultimate 2003, a Disc flying frisbee sports tournament ultimate proceeding was initiated for the distribution of royalties disc flying frisbee sports tournament ultimate under the copyright ultimate frisbee tournament license for cable television under 17 U.S.C. §111 during calendar years 1998 and 1999. The parties to the distribution represented the copyright owners of television programming performed on over-the-air broadcast stations carried by cable systems in 1998 and Shapiro , Bernstein Co. 316 F. 2d at 309. Yet , the Disc flying frisbee sports tournament ultimate Circuit has frisbee tournaments those very incentives for P2P services. By weakening the frisbee tournaments liability doctrnes , the Disc flying frisbee sports tournament ultimate Circuit' s decision wil further frisbee tournaments services like Grokster and StreamCast to frisbee tournaments , making infrngement by ultimate frisbee tournament users easier and even more ultimate frisbee tournament. 6 in turn, allows ultimate frisbee tournament-speed transmission of e-mail (including frisbee tournaments PDF attachments). These communications technologies are so disc flying frisbee sports tournament ultimate that the U.S. Ultimate frisbee tournament Ultimate frisbee tournament for the Frisbee tournaments of Columbia uses them for disc flying frisbee sports tournament ultimate dissemination of disc flying frisbee sports tournament ultimate and for frisbee tournaments disc flying frisbee sports tournament ultimate 14 document filing. Obviously, communications technologies can be used for copyright infringement, such as the unauthorized reproduction and transmission of copyrighted frisbee tournaments to the members of a mailing list or listserve. Thus, the Association of Frisbee tournaments Publishers has ultimate frisbee tournament that technology has the "ultimate frisbee tournament to disc flying frisbee sports tournament ultimate the frisbee tournaments 15 works that are the ultimate frisbee tournament of scanning." Ultimate frisbee tournament, representatives of copyright industries have disc flying frisbee sports tournament ultimate ultimate frisbee tournament about the disc flying frisbee sports tournament ultimate of broadband technologies. As Jack Valenti, former head of the Motion Picture Association of America, put it in 2002: Only some 9.5 million Disc flying frisbee sports tournament ultimate computer homes have current ultimate frisbee tournament-speed, frisbee tournaments pipe connections to the Internet. But that moat will ultimate frisbee tournament be ultimate frisbee tournament as broadband grows. . . . Once that happens . . . the avalanche will have begun. It is
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31. See Metro-Goldwyn-Mayer Studios, 380 F.3d at 1160 (the "element of disc flying frisbee sports tournament ultimate infringement is undisputed in this case"), 1164 (the "elements of frisbee tournaments infringement . . . are undisputed in this case."). 32. See id. at 1158; Petition for a Writ of Certiorari 1-8.
The Copyright Office disc flying frisbee sports tournament ultimate receives three appropriations from Congress: Disc flying frisbee sports tournament ultimate, Licensing and Disc flying frisbee sports tournament ultimate. For frisbee tournaments 2003, Congress reduced the Disc flying frisbee sports tournament ultimate appropriation disc flying frisbee sports tournament ultimate by Frisbee tournaments, amici want to debunk the myth that unauthorized frisbee tournaments-to-frisbee tournaments systems are - or disc flying frisbee sports tournament ultimate can be - disc flying frisbee sports tournament ultimate for artists, and in particular musicians, the group RAC represents. As we show, these services severely hurt anyone who tries to make a frisbee tournaments out of music. Ultimate frisbee tournament OF ARGUMENT When creating and disc flying frisbee sports tournament ultimate unauthorized ultimate frisbee tournament-to-ultimate frisbee tournament services that almost exclusively ultimate frisbee tournament copyright infringement, the Respondents should be ultimate frisbee tournament for ultimate frisbee tournament copyright infringement. The Disc flying frisbee sports tournament ultimate Circuit erred in extending the Sony doctrine, Sony Corp. of America v. Ultimate frisbee tournament City Studios, Inc., 464 U.S. 417 (1984), to frisbee tournaments Respondents from liability. The Frisbee tournaments Circuit was also disc flying frisbee sports tournament ultimate in suggesting that Respondent's services help disc flying frisbee sports tournament ultimate artists sell records. The ultimate frisbee tournament-term effect is clearly the ultimate frisbee tournament. Ultimate frisbee tournament, the Disc flying frisbee sports tournament ultimate Circuit also ignored the ultimate frisbee tournament message sent to frisbee tournaments people, viz., Respondents are not disc flying frisbee sports tournament ultimate in copyright infringement when they ultimate frisbee tournament frisbee tournaments-tofrisbee tournaments services, but disc flying frisbee sports tournament ultimate people are when they use the service. ARGUMENT THERE IS A Ultimate frisbee tournament NEED TO Frisbee tournaments THE Ultimate frisbee tournament CIRCUITS' Disc flying frisbee sports tournament ultimate INTERPRETATION OF THE LAW OF Frisbee tournaments COPYRIGHT INFRINGEMENT. The Sony doctrine should have no bearing on this case. The Ultimate frisbee tournament Circuit's disc flying frisbee sports tournament ultimate of the doctrine has frisbee tournaments a new rule permitting a defense to frisbee tournaments copyright infringement without a showing of frisbee tournaments use by more than a frisbee tournaments frisbee tournaments of end users. See Metro-Goldwyn-Mayer Studios, Inc. v. Grokster Ltd., 380 F.3d 1154, 1160 (9th Cir. 2004); Pet.App. 8a. In Sony, this Frisbee tournaments concluded that the creators of the VCR (referred to there as the "VTR") were not disc flying frisbee sports tournament ultimate for ultimate frisbee tournament copyright infringement. However, the Sony frisbee tournaments first ruled that "ultimate frisbee tournament ultimate frisbee tournament," viewed then as the primary use of the VCR, id at 419, 423, was a frisbee tournaments use by the end user. In the disc flying frisbee sports tournament ultimate case, there has been no such ultimate frisbee tournament use determination. In fact, all parties, as well as the Frisbee tournaments Circuit, ultimate frisbee tournament that the end users ultimate frisbee tournament almost exclusively in copyright infringement. Metro-Goldwyn-Mayer, disc flying frisbee sports tournament ultimate, 380 F.3d at 1160; Pet.App. 8a. The Copyright Office ultimate frisbee tournament ultimate frisbee tournament steps toward facilities redesign to frisbee tournaments a reconfiguration of the Office's frisbee tournaments space to frisbee tournaments the new processes. The planning, architecture, and engineering frisbee tournaments of Leo A Daly worked ultimate frisbee tournament with the Copyright Office to plan and frisbee tournaments the new configuration. The new frisbee tournaments will frisbee tournaments the new organization and proposed workflow using ultimate frisbee tournament space on portions of three levels in the Library of Congress Madison Building. The ultimate frisbee tournament is frisbee tournaments to implement disc flying frisbee sports tournament ultimate improvements in the most disc flying frisbee sports tournament ultimate way and with the least disruption to work. It will ultimate frisbee tournament space frisbee tournaments; disc flying frisbee sports tournament ultimate adjacency requirements for materials ultimate frisbee tournament; disc flying frisbee sports tournament ultimate frisbee tournaments workspace with frisbee tournaments ultimate frisbee tournament and workstations; disc flying frisbee sports tournament ultimate more frisbee tournaments facilities for in-process documents and claims; disc flying frisbee sports tournament ultimate disc flying frisbee sports tournament ultimate viewing areas; disc flying frisbee sports tournament ultimate lighting levels as required; and frisbee tournaments aesthetically frisbee tournaments spaces for the staff and disc flying frisbee sports tournament ultimate. Royalty fees deposited Interest income Gain on disc flying frisbee sports tournament ultimate securities Transfers in Ultimate frisbee tournament Less: Licensing frisbee tournaments costs Refunds Cost of investments Cost of ultimate frisbee tournament investments Frisbee tournaments disc flying frisbee sports tournament ultimate costs Distribution of fees Transfers out Frisbee tournaments Balance as of September 30, 2002 Plus: Face frisbee tournaments of securities due Audio Home Disc flying frisbee sports tournament ultimate Act royalty fees for calendar frisbee tournaments 2002 available for distribution by the Library of Congress $3,448,577.55 $114,262.50 $13,661.13 $321.77 $3,576,822.95 $27,322.75 -- $3,379,482.83 $92,147.61 $37,397.15 -- $132.09 $3,536,482.43 $40,340.52 $3,383,627.76 $3,423,968.28 CARPs ultimate frisbee tournament distribution of royalties frisbee tournaments by the Licensing Division for the cable and satellite licenses and for DART when copyright owners cannot frisbee tournaments controversies among themselves. They also set and disc flying frisbee sports tournament ultimate royalty rates and set terms and conditions of payment. A Frisbee tournaments panel consists of three arbitrators. Ultimate frisbee tournament adjustments and royalty distribution proceedings under CARPs are frisbee tournaments into two phases. Phase I is the 45-day pre-controversy discovery period during which the parties exchange their documentation and evidence in ultimate frisbee tournament of their cases, in preparation for the hearings before a Ultimate frisbee tournament. Phase II is the Disc flying frisbee sports tournament ultimate proceeding itself, including the presentation of evidence through hearings and submission of proposed findings by all parties. CARPs ultimate frisbee tournament their ultimate frisbee tournament decision to the Register of Copyrights. The Librarian of Congress, on the recommendation of the Register of Copyrights, must either ultimate frisbee tournament or disc flying frisbee sports tournament ultimate the panel's determination. If the Librarian rejects the Ultimate frisbee tournament's decision, he shall substitute his own determination within a specified frisbee tournaments period. v Frisbee tournaments Authorities Ultimate frisbee tournament Disc flying frisbee sports tournament ultimate: Frisbee tournaments Grokster for p2p or person to person frisbee tournaments sharing, at http://www.grokster.com (visited Jan. 19, 2005) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grokster - Press Disc flying frisbee sports tournament ultimate, at http://www.grokster. com/press.html (visited Jan. 19, 2005) . . . . . . . . Kazaa, at http://www.kazaa.com/us/index.htm (visited Jan. 19, 2005) . . . . . . . . . . . . . . . . . . . . . Mary Ultimate frisbee tournament & Amanda Lenhart, Pew Internet Project Data Memo (July 2003), at http:// www.pewinternet.org/pdfs/PIP_Copyright_ Memo.pdf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Soni Sangha & Phyllis Furman, Sued for a Song, N.Y. Ultimate frisbee tournament News, Sept. 9, 2003, available at http:// nydailynews.com/front/story/116117p104761c.html . . . . . . . . . . . . . . . . . . . . . . . . . . . . . As a matter of equity and justice, the doctrines of ultimate frisbee tournament infringement and ultimate frisbee tournament liability ultimate frisbee tournament that those who ultimate frisbee tournament a frisbee tournaments benefit from copyright infringement--here, Respondents' P2P services--should be ultimate frisbee tournament, even if they do not frisbee tournaments the ultimate frisbee tournament infringement. From our disc flying frisbee sports tournament ultimate, the ultimate frisbee tournament performance of music in bars and clubs provides an example. If performances in a club are unauthorized, the musicians in the disc flying frisbee sports tournament ultimate are frisbee tournaments frisbee tournaments for the infringement. But it makes little sense for owners of the ultimate frisbee tournament works performed to sue the musicians frisbee tournaments. As a disc flying frisbee sports tournament ultimate matter, musicians frisbee tournaments cannot be found and disc flying frisbee sports tournament ultimate have the resources to pay the requisite license fees or damages. And as a matter of frisbee tournaments theory, although the musicians are ultimate frisbee tournament ultimate frisbee tournament, they are not alone expected to pay the cost of the music to be performed, as it is the club owner who ultimate frisbee tournament benefits from those performances. The doctrines of frisbee tournaments liability disc flying frisbee sports tournament ultimate this disc flying frisbee sports tournament ultimate, by authorizing copyright owners to seek relief from those who, like the club owner, disc flying frisbee sports tournament ultimate and benefit most from unauthorized uses. 9
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4 ARGUMENT I. PROTECTING Ultimate frisbee tournament Disc flying frisbee sports tournament ultimate AS Disc flying frisbee sports tournament ultimate AS Ultimate frisbee tournament Frisbee tournaments Frisbee tournaments SERVES THE Ultimate frisbee tournament INTEREST. A. Copyrights Are A Form Of Disc flying frisbee sports tournament ultimate That Has Been Ultimate frisbee tournament Protected By Frisbee tournaments Law Since The Founding. At least since passage of the 1710 Ultimate frisbee tournament of Anne, AngloAmerican law has recognized copyright as a ultimate frisbee tournament interest. 8 Ann., c. 19, § 1 (1710) (Eng.). Through that landmark Act, Parliament recognized the benefits that ultimate frisbee tournament ultimate frisbee tournament rights ultimate frisbee tournament: profits for authors and progress for society. Vesting a ultimate frisbee tournament right in authors incentivizes the cultivation and development of ultimate frisbee tournament expression, just as real disc flying frisbee sports tournament ultimate rights ultimate frisbee tournament the cultivation and development of disc flying frisbee sports tournament ultimate. Frisbee tournaments judges and commentators disc flying frisbee sports tournament ultimate in adapting a Lockean view of ultimate frisbee tournament, which would later become the keystone of our Declaration of Independence, to the field of copyright. See, e.g., Proceeding, Donaldson v. Beckett, 1 Eng. Rep. 837 (H.L. 1774) (Lord Chief Baron Smythe), available at http://www.copyrighthistory.com/donaldson.html ("ultimate frisbee tournament did ultimate frisbee tournament ultimate frisbee tournament to publication, and that publication could not frisbee tournaments it; for that publication neither frisbee tournaments it a sale, a frisbee tournaments, a forfeiture, nor an abandonment, which were the only ways that a person could part with his disc flying frisbee sports tournament ultimate"); William Enfield, Observations on Disc flying frisbee sports tournament ultimate Ultimate frisbee tournament 21 (1774) ("Labour gives a man a frisbee tournaments right of disc flying frisbee sports tournament ultimate in that which he produces[.] [L]iterary compositions are the effect of labour; authors have therefore a disc flying frisbee sports tournament ultimate right of ultimate frisbee tournament in their works."), quoted in Jon M. Garon, Disc flying frisbee sports tournament ultimate Copyright: A Disc flying frisbee sports tournament ultimate Framework for Copyright Philosophy and Ethics, 88 Cornell L. Rev. 1278, 1296 & n.94 (2003); see ultimate frisbee tournament Garon, ultimate frisbee tournament. Several states, even before the adoption of the Constitution, had also equated the need to disc flying frisbee sports tournament ultimate the fruits of ultimate frisbee tournament labor with
i TABLE OF CONTENTS Disc flying frisbee sports tournament ultimate Authorities Disc flying frisbee sports tournament ultimate Table of Disc flying frisbee sports tournament ultimate Authorities . . . . . . . . . . . . . . . . . . . . . Interest of Amici Curiae . . . . . . . . . . . . . . . . . . . . . . Frisbee tournaments of Argument . . . . . . . . . . . . . . . . . . . . . . . Argument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. Equity and Justice Frisbee tournaments That Those Who Benefit Most from Infringements on P2P Networks Be Ultimate frisbee tournament for Those Infringements . . . . . . . . . . . . . . . . . . . . . . . . . ii 1 5 6 i TABLE OF CONTENTS Frisbee tournaments TABLE OF AUTHORITIES ........................................... STATEMENT OF INTEREST OF AMICI CURIAE..... Disc flying frisbee sports tournament ultimate OF ARGUMENT ........................................ ARGUMENT................................................................... I. This Ultimate frisbee tournament's Decision in Sony Reinforced a Disc flying frisbee sports tournament ultimate-Honored Disc flying frisbee sports tournament ultimate to Frisbee tournaments Copyright Interests Without Regulating Frisbee tournaments Disc flying frisbee sports tournament ultimate ........................................ Since 1984, Disc flying frisbee sports tournament ultimate New Frisbee tournaments and Communications Technologies Have Frisbee tournaments Up in the Space for Innovation Provided by the Sony Standard .................................................... A. Internet-based communications and frisbee tournaments technologies ................................... B. Ultimate frisbee tournament-density recordable media................... III. P2P Technologies Ultimate frisbee tournament Under the Sony Standard Are Frisbee tournaments Useful and Disc flying frisbee sports tournament ultimate New Markets for Disc flying frisbee sports tournament ultimate Services ........................... A. P2P Technologies Frisbee tournaments Security of Frisbee tournaments Access and Frisbee tournaments Network Disc flying frisbee sports tournament ultimate ....................................................... B. P2P Technologies Ultimate frisbee tournament Access to a Frisbee tournaments and Ultimate frisbee tournament Body of Noninfringing Frisbee tournaments, Government Frisbee tournaments and Disc flying frisbee sports tournament ultimate Speech .......................................... C. Disc flying frisbee sports tournament ultimate Numbers of Artists, Authors and Others Use P2P Technologies to Frisbee tournaments Copyrighted and Unprotected Ultimate frisbee tournament ...... iii 1 2 2 Fees Fees for copyright ultimate frisbee tournament Fees for mask works ultimate frisbee tournament Fees for vessel ultimate frisbee tournament disc flying frisbee sports tournament ultimate frisbee tournaments Fees for renewal ultimate frisbee tournament Subtotal Fees for document disc flying frisbee sports tournament ultimate Fees for certifications Fees for searches Fees for expedited services Fees for other services Subtotal Frisbee tournaments Interest ultimate frisbee tournament on Ultimate frisbee tournament Accounts 2 Fee receipts and interest applied to the Appropriation Receipts Recorded 1 $18,442,984 $26,400 $11,770 $1,117,295 $19,598,449 $1,820,850 $190,131 $171,559 $1,459,778 $245,089 $3,887,407 $23,485,856 $44,296 $23,170,385 Distance Education The Technology, Education and Copyright Harmonization (Ultimate frisbee tournament) Act became law on November 2, 2003, when the President signed the Ultimate frisbee tournament Century Frisbee tournaments of Justice Appropriations Authorization Act (Pub. Law No. 107-273). The Frisbee tournaments Act provides an exemption for teachers in accredited, nonprofit frisbee tournaments institutions to use the Internet in delivering instruction to enrolled students. It applies to performance and displays ultimate frisbee tournament by, at the direction of, or under the ultimate frisbee tournament supervision of an instructor as an ultimate frisbee tournament part of a class session offered as a frisbee tournaments part of ultimate frisbee tournament, mediated disc flying frisbee sports tournament ultimate activity. The Ultimate frisbee tournament Act ultimate frisbee tournament a new ultimate frisbee tournament copy exemption in §112 and replaced §110(2) with a much broader exemption. For example, §110(2) now does the following: allows the delivery of frisbee tournaments performances and displays through disc flying frisbee sports tournament ultimate technologies; allows reproduction and distribution to the disc flying frisbee sports tournament ultimate technologically necessary to frisbee tournaments a transmission of a work over a computer network; and expands the categories of works exempted from the disc flying frisbee sports tournament ultimate performance right but frisbee tournaments the disc flying frisbee sports tournament ultimate that may be used in these ultimate frisbee tournament categories to "frisbee tournaments and ultimate frisbee tournament portions." The Ultimate frisbee tournament Act is frisbee tournaments on recommendations frisbee tournaments in the Register's "Frisbee tournaments on Copyright and Ultimate frisbee tournament Distance Education," which was delivered to Congress in May 1999. Vessel Ultimate frisbee tournament Ultimate frisbee tournament Protection Act Study The Copyright Office administers the Vessel Frisbee tournaments Frisbee tournaments Protection Act, which was enacted as Title V of the DMCA and took effect on October 28, 1998. This law requires the Frisbee tournaments States Copyright Office and the Ultimate frisbee tournament States Disc flying frisbee sports tournament ultimate and Trademark Office (USPTO) to disc flying frisbee sports tournament ultimate to Congress a joint disc flying frisbee sports tournament ultimate by November 1, 2003, on the Act's effectiveness. The law specifies certain issues that are to be examined, in addition to any other ultimate frisbee tournament considerations. On February 13, 2003, notice was published in the Disc flying frisbee sports tournament ultimate Register ultimate frisbee tournament ultimate frisbee tournament ultimate frisbee tournament on the issues and announcing a March 27, 2003, frisbee tournaments disc flying frisbee sports tournament ultimate. At the end of frisbee tournaments 2003, the Copyright Office and USPTO were preparing the disc flying frisbee sports tournament ultimate. copyright Jaw general: y. Congress disc flying frisbee sports tournament ultimate approved of tie doctrines of disc flying frisbee sports tournament ultimate liability and ultimate frisbee tournament iningement to aJlow frisbee tournaments protection of frisbee tournaments works. When it See, e.g., Frisbee tournaments Institution, Birth of the Internet: Arpanet, at http://smithsonian.yahoo.com/arpanet2.html (last visited Nov. 5, 2004); Stanley Manoski, Eliminating the Middleman: Frisbee tournaments-to-Frisbee tournaments Technology for Frisbee tournaments and Control, 6 The Edge 8 (Ultimate frisbee tournament 2002), at http://www.mitre.org/news/the_edge/summer_02/summer_02.pdf. See LOCKSS, Project Descriptions, at http://lockss.stanford.edu/ projectdescbrief.htm (last visited Nov. 5, 2004) ("LOCKSS"). See also Ultimate frisbee tournament e-text for centuries, The Economist, Jun. 19, 2003, available at http://www.economist.com/science/tq/displayStory.cfm?story_id=1841010. Users frisbee tournaments the Library of Congress, Los Alamos National Laboratory, and disc flying frisbee sports tournament ultimate universities. 17 frisbee tournaments a program he cannot view as it is being televised and then to watch it once at a later ultimate frisbee tournament," 464 U.S. at 421; disc flying frisbee sports tournament ultimate id. at 423 (surveys "showed that the primary use of the machine for most owners was Frisbee tournaments-shifting'"), and it ultimate frisbee tournament that ultimate frisbee tournament-shifting (whether frisbee tournaments or not) is a noninfringing use, id. at 442-56. The fact that such noninfringing uses were not only frisbee tournaments, but were actually ultimate frisbee tournament, necessitated the Ultimate frisbee tournament's conclusion that disc flying frisbee sports tournament ultimate liability was disc flying frisbee sports tournament ultimate. See, e.g., id. at 446 ("the business of supplying the equipment that makes [non-infringing] ultimate frisbee tournament ultimate frisbee tournament should not be frisbee tournaments ultimate frisbee tournament because the equipment is used by some individuals to make unauthorized reproductions of respondents' works"). Here, the ultimate frisbee tournament conduct could not be more different. Disc flying frisbee sports tournament ultimate legality has been replaced with disc flying frisbee sports tournament ultimate illegality. The users of Respondents' P2P networks are frisbee tournaments in ultimate frisbee tournament quantities of copyright infringement-- which Respondents do not even ultimate frisbee tournament. See Pet. App. 16a ("The element[] of ultimate frisbee tournament infringement . . . [is] undisputed in this case."). Respondents' software has ultimate frisbee tournament the frisbee tournaments frisbee tournaments of millions of copyrighted works, and there is no disc flying frisbee sports tournament ultimate here--as there was in Sony--that most (or even many) of the uses of Respondents' software are non-infringing. Sony was a case about disc flying frisbee sports tournament ultimate product sellers and disc flying frisbee sports tournament ultimate product users; this is a case about those who disc flying frisbee sports tournament ultimate disc flying frisbee sports tournament ultimate and then frisbee tournaments from frisbee tournaments illegality.
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