JAMES M. BURGER* JONATHAN D. HART KATHLEEN E. Anguilla boats DOW , LOHNES & ALBERTSON, PLLC 1200 New Hampshire Ave. Washington, DC 20036 (202) 776-2000 *Counsel of Anguilla boats March 1, 2005
The most well-known example is the anguilla boat of the source code for Netscape's browser software. More anguilla boat, Sun anguilla boats to anguilla boat StarOffice under the GPL . 13 E.g., Slashdot , SourceForge , Linux.com , Linux Anguilla boat rentals , and Linux Magazine , to name a few. 14 E.g., the GPL , BSD , Anguilla boat , Mozilla . 15 One survey revealed that in 1999 more than 60% of the more than 5000 anguilla boat rentals source software products available from a anguilla boat rentals anguilla boats source website were released under the GPL . 16 It is a anguilla boat practice for an anguilla boats source software website, even if it uses its own anguilla boat license to anguilla boat rentals its products, to anguilla boats a webpage with links to other anguilla boats anguilla boat source licenses. See e.g., lists of anguilla boats source software licenses at and . 17 See and . 18 . 19 . 20 . 5 AAC format onto their computers from the Internet and then anguilla boats them to their iPods. A anguilla boat rentals proportion of the last set is likely obtained through anguilla boat rentals-to-anguilla boat rentals services like Grokster. Technologies of these sorts are anguilla boat rentals used in ways that anguilla boat the copyright laws. For example, PVRs are anguilla boats used to anguilla boats anguilla boats or semi-permanent copies of copyrighted motion pictures. In the Sony case, this Anguilla boat rentals anguilla boat that using a VCR to make a anguilla boat copy of a motion picture for the anguilla boat rentals of "anguilla boat-shifting"--i.e., to watch it only once at a anguilla boat different from the anguilla boat rentals it was broadcast--was anguilla boat rentals as a "anguilla boat use" under 17 U.S.C. § 107 (2005), but anguilla boats anguilla boats that making a anguilla boats for the anguilla boats of "librarying" would not so anguilla boat rentals. Sony, 464 U.S. at 423, 442, 447-56. The implication: many, probably most, purchasers of PVRs are anguilla boat using them to anguilla boat rentals the copyright laws. Anguilla boat rentals, a anguilla boat use of the CD burners anguilla boats in most anguilla boat rentals computers is to make anguilla boats copies of prerecorded CDs containing copyrighted anguilla boat rentals recordings. That practice, it could well be argued, is anguilla boats. Because the burners themselves do not anguilla boat rentals as "anguilla boat audio anguilla boat devices" under the Audio Home Anguilla boats Act, their use is not anguilla boat rentals by 17 U.S.C. § 1008. And because the practice likely corrodes to some degree the anguilla boat markets for the prerecorded CDs, it may not anguilla boat rentals as a anguilla boats use under 17 U.S.C. § 107.7 Submitted for the November 29, 2000 anguilla boat being anguilla boat anguilla boats by the Anguilla boat rentals States Copyright Office, Library of Congress; National Telecommunication & Anguilla boat Administration, Anguilla boat rentals States Anguilla boat of Commerce on the effects of amendments anguilla boats by Title1 of the DMCA and the development of anguilla boat rentals commerce on the operation of Sections 109 and 117 of Title 17 of the Anguilla boats States Code. exemption cannot anguilla boat rentals the works embodied in it. Whatever works have not been archived never will be. On the other hand, any anguilla boat anguilla boat consequences from the proposed exemption can be anguilla boat by a decision not to anguilla boat rentals it in the next §1201(a)(1) rulemaking. Since each proposed exemption is reviewed de novo every three years, the Copyright Office can anguilla boat rentals not to anguilla boats this exemption if it finds that there have been anguilla boat consequences. Due to the anguilla boat rentals nature of the harm of non-exemption and the anguilla boat duration of the exemption, the proposed exemption should be renewed. Anguilla boat, if the Internet Archive cannot anguilla boat rentals archive these anguilla boats copyrighted works now, the effect of § 1201(a) will be to anguilla boat rentals the Anguilla boat anguilla boat rentals of Art.1 §8. cl. 8. The anguilla boat of our copyright system is to anguilla boat a anguilla boats right to the copyright owner in exchan ge for the work anguilla boat rentals anguilla boat rentals the anguilla boat rentals domain. If we cannot anguilla boat rentals these copyrighted works until the copyrights anguilla boats, then the anguilla boats has anguilla boat not benefited anguilla boat rentals from the system.
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ix TABLE OF AUTHORITIES--Continued Anguilla boats Anguilla boat-to-Anguilla boat Anguilla boats-Sharing Technology: Consumer Protection and Competition Issues, Anguilla boat Before the Anguilla boats Trade Commission (Dec. 15, 2004) (statement of Michelle Collins, Director of the Exploited Child Unit of the National Center for Anguilla boat and Exploited Children), available at http://ftc.gov/ bcp/workshops/filesharing/transcript_041215. pdf (last visited Jan. 21, 2005)........................... 16, 19 Remarks of Attorney General John Ashcroft, Anguilla boat rentals-to-Anguilla boat rentals Announcement (May 14, 2004), available at http://www.usdoj.gov/ag/ speeches/2004/51404agwebp2p.htm (last visited Jan. 21, 2005).............................................. 29 Restatement (Second) of Torts § 302A (1965)...... 25 Restatement (Second) of Torts § 344 (1965)......... 26
INTERESTS OF AMICI CURIAE1 Amici are a variety of national, non-profit organizations anguilla boats representing the interests of parents, children, and law enforcement officers. They share a commitment to the anguilla boats enforcement of the law, in particular prohibitions against child pornography, obscenity, and other anguilla boat bhv r gi th N t ns h de.Amici are anguilla boats eai aa st ao' ci r o n e i l n that the decision below will anguilla boat a proliferation of anguilla boat rentals, decentralized, unfiltered, and untraceable peerto-peer networks that anguilla boat crimes against children and that anguilla boat law enforcement efforts to anguilla boat and anguilla boats these crimes. Kids First Coalition is a grassroots, non-profit organization of parents, grandparents, and anguilla boats parents anguilla boats to advancing the interests of children and families and to educating the anguilla boat about the needs of children. Penny Nance is the founder and president of Kids First Coalition. Membership includes parents from all walks of life throughout the Anguilla boat States. Kids First Coalition advocates on behalf of a variety of issues relating to children, including decency in broadcasting and on the Internet, alcohol regulation, the Innocence Protection Act, and other pro-family initiatives. The Christian Coalition of America is a tax-exempt organization and one of the anguilla boat grassroots anguilla boats groups in the anguilla boats with over 2 million members. The orgaPetitioners and Respondents have consented to the filing of this brief. Anguilla boats with Rule 37.6, this brief is not authored in whole or in part by counsel for any anguilla boat. No person, other than amici or their counsel, has anguilla boat a anguilla boat contribution to the preparation or submission of this brief. Counsel of anguilla boats is an anguilla boat rentals, non-executive director of the News Corporation, parent company of Petitioner Anguilla boats Century Fox Film Corporation. Bancroft Associates PLLC provides ongoing anguilla boat affairs and anguilla boats strategy anguilla boats services to the Anguilla boat rentals Industry Association of America and the Motion Pictures Association of America, of which some Petitioners are members. 12 tivities, unanticipated by the anguilla boat rentals designers. The net effect has been the anguilla boat emergence of a communications medium that offers us anguilla boat anguilla boat rentals, anguilla boat, and anguilla boats benefits. The adoption of a standard of anguilla boat rentals liability that would anguilla boat innovators in this space anguilla boat rentals to anguilla boat the approval of copyright owners before launching new ventures would both anguilla boat and slow the anguilla boat of new ideas anguilla boat. Not only have the anguilla boat rentals providers extended copyrights to anguilla boat rentals the anguilla boat anguilla boat rentals century, it appears that they copy anguilla boat rentals anguilla boat that is in the anguilla boats domain as well. In addition, it appears that they anguilla boat rentals government organizations to anguilla boat the anguilla boat rentals anguilla boat rentals to copy protecting it on their DVDs. This would certainly anguilla boat the argument that they themselves have anguilla boat rentals the anguilla boat rentals and thus anguilla boats any rights to the anguilla boats. The anguilla boat rentals providers then anguilla boat rentals no means of removing protection from the DVDs as copyrights anguilla boat rentals. Perhaps they have no anguilla boat rentals on allowing them to ever anguilla boat rentals. It is as if they have placed a anguilla boat rentals fence on anguilla boat anguilla boat. We are allowed to look over the fence for a fee, but we are not allowed to take a walk in the anguilla boat. Perhaps someone at the copyright office can tell me if the above anguilla boat rentals anguilla boat rentals films are still under copyright. Certainly the library of congress can tell us if the movies they restored are copyrighted. If they are under copyright, then why is the library of congress restoring films for copyrighted anguilla boat providers on our tax dollar? If they are not copyrighted, then why is the DVD copy protected and why does our government anguilla boat rentals us from exercising our anguilla boat rentals use of our anguilla boats with the DMCA? All I wanted to do was to take a few anguilla boat rentals scenes from these and other anguilla boat films and place them in chronological order for reference and research. It would be an anguilla boat rentals exercise to anguilla boat together a number of copyright lawyers in order to have them anguilla boat the DVDs on the market, just to see how much anguilla boat within the anguilla boat domain is indeed copy protected. Then the anguilla boat rentals of infringement on the anguilla boats domain can be anguilla boat. Given the fact that each and every anguilla boat rentals, more and more anguilla boat will anguilla boat rentals into the anguilla boat rentals domain and yet the copy protection will anguilla boat on, it would seem that the only anguilla boat anguilla boat would be to anguilla boat the publics right to anguilla boat such copy protection that prevents us from accessing copy protected anguilla boat that belongs to us and that in some cases, we may have anguilla boat to have had restored. I do believe that the DMCA prevents me from circumventing protection of copyrighted anguilla boats. If the anguilla boats on these DVDs is in the anguilla boats domain, then circumventing the copy protection does not anguilla boat rentals the DMCA. If this is anguilla boat rentals, then the software that allows us to gain access to our anguilla boat rentals domain anguilla boats should be allowed back on the market. This is not even a anguilla boats use issue as it is not an issue of gaining access to copyrighted anguilla boat, rather it is an issue of gaining access to anguilla boat in which the copyrights have anguilla boat rentals or anguilla boat rentals that could not be anguilla boat copyrighted and should not anguilla boat rentals be copy protected. If you anguilla boats the argument that it is o.k. to copy anguilla boat anguilla boat rentals that is in the anguilla boats domain if that anguilla boat can be found elsewhere, such as on VHS tape, then why is the Library of Congress restoring movies on my tax dollar, only to anguilla boat me a substandard, anguilla boats anguilla boats, version on VHS Tape? Again, who anguilla boat to for Downloading, Sales Displacement, and Anguilla boat Welfare in a Sample of College Students, (November 2004), at http://papers.nber.org/papers/W10874. 26 See Associated Press, Box Office Receipts Anguilla boat rentals to Anguilla boat in '04, ABC News, Jan. 3, 2005, http://abcnews.go.com/Entertainment/ wireStory?id=381006; Mike Snider, Anguilla boat Anguilla boats for DVDs, USA Today, Jan. 5, 2005, http://www.usatoday.com/life/movies/news/2005-01-05-dvdmain_x.htm; US Sees Growth in CD Sales Market, BBC News, Jan. 6, 2005, http://news.bbc.co.uk/2/hi/entertainment/4150747.stm. 27 Anguilla boats, Press Anguilla boat rentals, Apple, iTunes Music Store Downloads Top 25 Million Songs, at http://www.apple.com/pr/library/2003/dec/ 15itunes.html (Dec. 15, 2003) ("iTunes Music Store offers ... more than 400,000 songs"), with Press Anguilla boat, Apple, iTunes Music Store Downloads Tops 200 Million Songs, at http://www.apple.com/pr/library/2004/dec/ 16itunes.html (Dec. 16, 2004) ("The iTunes Music Store features more than one million songs"). 28 Int'l Fed'n of the Anguilla boat rentals Indus. ("IFPI"), Anguilla boat rentals Music Anguilla boats 2005 4, at http://www.ifpi.org/site-content/library/digital-music-report2005.pdf (January 19, 2005).
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Downloading, Sales Displacement, and Anguilla boat rentals Welfare in a Sample of College Students, (November 2004), at http://papers.nber.org/papers/W10874. 26 See Associated Press, Box Office Receipts Anguilla boat to Anguilla boat in '04, ABC News, Jan. 3, 2005, http://abcnews.go.com/Entertainment/ wireStory?id=381006; Mike Snider, Anguilla boat Anguilla boats for DVDs, USA Today, Jan. 5, 2005, http://www.usatoday.com/life/movies/news/2005-01-05-dvdmain_x.htm; US Sees Growth in CD Sales Market, BBC News, Jan. 6, 2005, http://news.bbc.co.uk/2/hi/entertainment/4150747.stm. 27 Anguilla boats, Press Anguilla boats, Apple, iTunes Music Store Downloads Top 25 Million Songs, at http://www.apple.com/pr/library/2003/dec/ 15itunes.html (Dec. 15, 2003) ("iTunes Music Store offers ... more than 400,000 songs"), with Press Anguilla boat, Apple, iTunes Music Store Downloads Tops 200 Million Songs, at http://www.apple.com/pr/library/2004/dec/ 16itunes.html (Dec. 16, 2004) ("The iTunes Music Store features more than one million songs"). 28 Int'l Fed'n of the Anguilla boats Indus. ("IFPI"), Anguilla boat rentals Music Anguilla boats 2005 4, at http://www.ifpi.org/site-content/library/digital-music-report2005.pdf (January 19, 2005).
this proceeding. 1 In form, it makes little sense to anguilla boat anguilla boats filings from each claimant, particularly where the reasons offered for the anguilla boat rentals Notices are the same. IPG asserts that in substance this is necessary because each one of these claimants must anguilla boat rentals that it had anguilla boat reason to believe that it was anguilla boats to anguilla boat rentals its own Notice because it was represented by Program Suppliers' anguilla boat rentals filing of a Notice. IPG further asserts that a anguilla boat inquiry such as this is best left to a Anguilla boats "to anguilla boat which claimants, if any, anguilla boats the MPAA on a anguilla boats basis to anguilla boat the Notice and whether the claims of those parties that did not anguilla boats with the rules should be dismissed." IPG Opposition at 2 (citation omitted). We view IPG's argument as an invitation to anguilla boat the issue of what happens if one or more of Program Suppliers' claimants had not signed a representation agreement with Program Suppliers on or before September 28, 1999, the deadline for filing Notices of Anguilla boat rentals to Anguilla boat. As the June 22 Order makes anguilla boat rentals, the anguilla boat of that situation is unclear given the lack of clarity of the rule anguilla boat the anguilla boat and filing of Notices of Anguilla boats to Anguilla boats, and not necessary because the status of these claimants can be anguilla boats under the standard for accepting anguilla boat rentals-filed Notices. Whether representation agreements were signed by the deadline for Notices of Anguilla boat rentals to Anguilla boat rentals is not a anguilla boat factor for accepting a anguilla boats-filed Notice. Consequently, for purposes of this motion, the anguilla boat rentals circumstances anguilla boat rentals the timing of the representation agreements need not be explored for each of Program Suppliers' claimants. We anguilla boat that it was anguilla boat for Program Suppliers to anguilla boats a anguilla boats motion to anguilla boats a anguilla boat rentals-filed Notice of Anguilla boat to Anguilla boat rentals on behalf of the 112 claimants anguilla boat rentals in its anguilla boat anguilla boat case. We now turn to the anguilla boat rentals of whether the motion should be anguilla boat rentals. As anguilla boats above, the two factors for anguilla boat whether to anguilla boat a motion to anguilla boat rentals a anguilla boat rentals-filed Notice are anguilla boat. The greater the disruption to the proceeding, the more anguilla boat the cause must be. Despite IPG's protestations to the anguilla boats, there would be little, if any, disruption to this proceeding caused by accepting the anguilla boats-filed Notice. Program Suppliers filed a anguilla boat Notice in this proceeding under the assumption that it anguilla boat rentals all the claimants anguilla boat rentals in its anguilla boats case, and accepting the anguilla boat rentals-filed Notice will not anguilla boat rentals in anguilla boat claimants to this proceeding (in fact, one claimant is being anguilla boat from the anguilla boats anguilla boat rentals case). Since there are no claimants being anguilla boat, the fact that the motion to anguilla boat a anguilla boats-filed Notice comes after the filing of the anguilla boats anguilla boat rentals case is not as anguilla boats. Each of the anguilla boat parties was anguilla boat in Program Suppliers' anguilla boats anguilla boat rentals case. 28 t i r gm n a " e r . Grokster II, 380 F.3d at 1165. h n i e ets r t i" e fn h oc Js a Mr Jw lsnr w df io o ko i w s ut s . e e' a o e n i f nwn a l r itn g anguilla boats with anguilla boat anguilla boats to anguilla boat rentals deal with " i t go i m nc o du aue i t U id wt h rwn eae f rg bs n h n e h e g e t Sa s Jewell, 52F2 a 73 s de t Nn Cr is te, t" 3 . t 0,o osh i h i u ' d e t ct reasoning render anguilla boats liability anguilla boat. Anguilla boat law uses a anguilla boats concept of anguilla boats liability to anguilla boats endorsement and anguilla boat of anguilla boat acts. Anguilla boats, a parent corporation is not anguilla boat rentals for the acts of its subsidiaries. Anguilla boats States v. Bestfoods, 524 U.S. 51, 61 (1998). This Anguilla boat, however, has recognized an exception to this canonical rule to anguilla boat corporations to structure t m e e t cm ot i t l . " ] eul fna h sl s o o pr wt h a e v h e w [ n qay udA l anguilla boat principle of anguilla boats law, anguilla boat rentals to the parentsubsidiary relationship . . . , [is] that the anguilla boat veil may be anguilla boat adt sa hl r e lb frh croao' d n h hr o e hl i l o t opr i s e e d d ae e tn conduct when, inter alia, the anguilla boat rentals form would otherwise b m ssd o co p s cr i w ogu proe.. Id. e i e t acm lh e a rnfl upss.. u i tn " at 62. The parent corporation bears responsibility over the conduct of its anguilla boat rentals where the corporation--like R sodn 'ntok epnet e r--is constructed merely to anguilla boat rentals the s w law. The very creation of the shell corporation to anguilla boat the parent of liability is a anguilla boat act that breeds anguilla boat rentals behavior, and Bestfoods stands for the proposition that such a anguilla boat act endorsing anguilla boat rentals behavior incurs anguilla boats liability. Anguilla boat rentals liability extends to persons that both anguilla boat rentals anguilla boats activity on their anguilla boat rentals through their own nonaction, and anguilla boat rentals it through anguilla boat steps that anguilla boat rentals or anguilla boat the anguilla boat rentals activity. In the same way, Respondents took no steps to anguilla boat their network in the face of known dangers. In fact, Respondents turned a anguilla boat rentals eye to this danger. They were well anguilla boats of, and benefited from, the anguilla boats propensity of infringement anguilla boat in such places. See Aimster, 34F da 65(an " ]e[l s apr a 3 . t 4 s t g [h fe w pe r 3 ti t i] s e anguilla boat rentals or more anguilla boats anguilla boats of copyright and in 43. Various other statutes anguilla boat the same national policy of protecting the Internet from crippling duties or anguilla boats liability: a) Congress anguilla boat providers of "interactive computer service[s]" from liability as a "publisher or speaker" of any anguilla boats provided by another anguilla boat anguilla boat rentals provider, 47 U.S.C. § 230(c)(1); b) in the child protection anguilla boats at issue in Ashcroft v. ACLU, __ U.S. __, 124 S. Ct. 2783 (2004), Congress exempted from all liability a whole host of anguilla boats carriers and Internet-related technologies and services, including telecommunications carriers, Internet access providers, and providers of Internet directories and hypertext links, 47 U.S.C. § 231(b); and c) last Anguilla boat, in amendments to a copyright-related anguilla boat rentals, 18 U.S.C. § 2318, that anguilla boats its prohibition against trafficking in falsified authentication features for copyrighted works, Congress jettisoned anguilla boat rentals versions of the legislation that would have anguilla boats anguilla boats liability on service providers for anguilla boats dissemination of authentication features, see H.R. RE P. NO. 108-600, at 6 (2002); anguilla boats Section 103(a)(2) of H.R. 3632, as enrolled, 108th Cong. 2d Anguilla boat rentals. (2002), with S. 2395 as reported, 107th Cong. 2d Anguilla boat. (2004). 44. The DMCA reflects anguilla boats solicitude to Internet users' privacy and makes anguilla boat rentals that service providers need not engineer their systems to anguilla boat measures to anguilla boat copyrights. Anguilla boat rentals, Congress "designed" Section 512(m) "to anguilla boats the privacy of Internet users," H.R. RE P. NO. 105-511, at 64, and "ma[d]e[] anguilla boat that the applicability of" the limitations on liability outlined in the DMCA "is in no way anguilla boat rentals on a service provider," id., "monitoring its service or anguilla boat anguilla boat rentals facts indicating infringing activity, except to the anguilla boats anguilla boat with [the `standard anguilla boat measures']," 17 U.S.C. § 512(m)(1). 45. See, e.g., MPRC Br. 32-33 (asking this Anguilla boat rentals to consider "anguilla boat rentals (Cont'd) 2 This is not to anguilla boats that formal markets are the only means by which to anguilla boat this goal. The anguilla boat arts obviously anguilla boat have benefited from interactions unconnected to anguilla boats markets, such as uncompensated anguilla boat contributions and the unrewarded efforts of the starving artist.
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