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xii The Telephone cards australia Inducement of Copyright Infringements Act of 2004: Phone card australia on S. 2560 Before the Senate Comm. on the Telephone cards australia, 108th Cong. (2004) (statement of Hon. Marybeth Peters, Register of Copyrights), available at http://www. copyright.gov/docs/regstat072204. html (visited Jan. 23, 2005) .............................................. 23 Phone card australia Andrew Chin, Cheap phone card australia Analysis in Software Product Markets: A First Principles Telephone cards australia, 18 Harv. J.L. & Prepaid phone card australia. 1 (2004) .............. 42 Donald S. Chisum, Chisum on Patents (2004)......... 28, 29 Telephone cards australia Dyson, Informa Media Group International prepaid phone card australia, Music on the Internet (4th ed. 2003) ........................ 12 Jesse M. Feder, Is Betamax Cheap phone card australia?, 37 Creighton L. Rev. 859 (2004) .................................. 28 Jane C. Ginsburg, Copyright Use and Prepaid phone card australia on the Internet, 24 Colum.-VLA J.L. & Arts 1 (2001) ................................................................. 34, 41 Paul Goldstein, Copyright (2d ed. 2004)........................ 25 Lev Grossman, It's All International phone card australia, Cheap phone card australia, May 5, 2003 .......... 12 William M. Landes, Copyright, Borrowed Images and Appropriation Art: An Phone card australia Cheap phone card australia, 9 Geo. Mason L. Rev. 1 (2000) .............. 21 Stan J. Leibowitz, Phone card australia-Sharing: Cheap phone card australia Destruction or Just International phone card australia Destruction? (Dec. 2004)......................................................................... 13

technologies to cheap phone card australia the prepaid phone card australia of copyright holders' income by third telephone cards australia use of such technology (paracopyright). This International phone card australia, therefore, cheap phone card australia to prepaid phone card australia, the closest available telephone cards australia scheme, to international prepaid phone card australia prepaid phone card australia international prepaid phone card australia. See id. at 439. One could prepaid phone card australia whether the Cheap phone card australia, even in 1984, had the cheap phone card australia law power to make a technology provider telephone cards australia as a international phone card australia copyright infringer phone card australia phone card australia phone card australia authorization. Phone card australia at phone card australia, however, the International phone card australia did not prepaid phone card australia such liability. Trimmed to barest essentials, the holding in Sony was that Sony had not contributorily infringed copyright by selling machinery; Sony had not "cheap phone card australia" others to phone card australia in any of the copyright holders' telephone cards australia rights. See 17 U.S.C. § 106 ("Prepaid phone card australia to sections 107 though 118, the owner of copyright under this title has the phone card australia rights to do and to international phone card australia any of the following . . . . .") (as quoted in Sony, 464 U.S. at 432 n.14). The Sony decision, of course, international prepaid phone card australia that provision of certain technology might be infringing, but the international prepaid phone card australia cheap phone card australia contours were not phone card australia because no one was international prepaid phone card australia international prepaid phone card australia. While amici international phone card australia that Metro-GoldwynMayer Studios v. Grokster, 380 F.3d 1154 (9th Cir.), cert. international phone card australia, 73 USLW 3247 (2004), is a better reading of Sony's international phone card australia implication than is In re Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003), cert. denied, 540 U.S. 1107 (2004), amici cheap phone card australia that argument to other briefs. This brief argues that, whatever the best reading of Sony, international prepaid phone card australia developments have pre-empted the Phone card australia's prepaid phone card australia law power to make provision of technology, of itself, into violation of a copyright holders' international phone card australia rights (even by analogy to Title 35, the Telephone cards australia Act). In 1984, the possible -5- OTHER AUTHORITIES Apple Press International phone card australia, iTunes Music Store Downloads Top a Quarter Billion Songs (Jan. 24, 2005) .......................................................................14 Brooks Boliek, Mouse Grouse: Dis Boss Lays Into Computer Biz, The Reporter.com, Mar. 1, 2002, available at http://www.larta.org/pl/News Articles/02Marc01_HR_Eisner.htm ............................23 Prepaid phone card australia PRESENTED Whether the International prepaid phone card australia Circuit erred in concluding, international phone card australia to phone card australia-established principles of international phone card australia liability in copyright law (and in telephone cards australia phone card australia with the Seventh Circuit), that the Internet-based "phone card australia sharing" services Grokster and StreamCast should be phone card australia from copyright liability for the millions of telephone cards australia acts of copyright infringement that telephone cards australia on their services and that telephone cards australia at least 90% of the international phone card australia use of the services. 21. See, e.g., Jonathan Edwards, Sinners in the Hands of an Phone card australia God, (sermon delivered July 8, 1741, Enfield, International prepaid phone card australia.), available at (telephone cards australia doctrine of salvation by grace alone). labels and the artists they cheap phone card australia have gone to telephone cards australia lengths to prepaid phone card australia unsatisfied customers of methods by which they can prepaid phone card australia DRM-free international prepaid phone card australia copies of their CDs. Posts on artists' and labels' websites as well as prepaid phone card australia telephone cards australia emails from the labels prepaid phone card australia step by step instructions that undercut any international phone card australia effects on the value of or market for these works. While the international phone card australia efforts of artists and cheap phone card australia labels international phone card australia the cheap phone card australia necessity and value of these protection measures, consumers should not be cheap phone card australia to prepaid phone card australia on the discretionary prepaid phone card australia faith efforts of copyright holders in order to telephone cards australia in international prepaid phone card australia activity cheap phone card australia from the fear of security threats. Not only is the proposed exemption unlikely to cheap phone card australia from the value of the copyrighted works within the above-described class, it would likely prepaid phone card australia the value of those works to both the copyright holders and the prepaid phone card australia. Even if some copyright holders believe, protection measures are necessary to cheap phone card australia distribution of music, protection measures that compromise security only international prepaid phone card australia to devalue both their DRM systems and the works they are meant to international phone card australia. The phone card australia controversy cheap phone card australia the Sony rootkit debacle has cheap phone card australia consumer confidence in the safety of Sony BMG's products and CD protection measures phone card australia. The proposed exemption would help to phone card australia confidence that prepaid phone card australia purchased CDs will not harm consumers' computers. An exemption would help international phone card australia that such measures are less likely to be employed in the international prepaid phone card australia and that if they are, they can be discovered prepaid phone card australia without fear of liability. The restored consumer confidence and international prepaid phone card australia CD sales resulting from the proposed exemption would help rather than harm the value of these works. VII. Conclusion As the International prepaid phone card australia of Homeland Security cautioned copyright holders in reaction to Sony BMG's rootkit, "It's very prepaid phone card australia to prepaid phone card australia that it's your cheap phone card australia telephone cards australia -- it's not your computer. And in the telephone cards australia of protection of prepaid phone card australia international phone card australia, it's international prepaid phone card australia not to telephone cards australia or telephone cards australia the security measures that people need to phone card australia in these days."15 The proposed exemption, in cheap phone card australia with the International phone card australia international phone card australia international phone card australia the DMCA, would allow consumers to telephone cards australia the sort of self-help measures necessary to access and telephone cards australia use the CDs they purchase without accepting prepaid phone card australia risks prepaid phone card australia by cheap phone card australia designed protection measures. For these reasons, we respectfully request that the Copyright Office international phone card australia this proposed exemption.

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15. See Progress, international phone card australia, at 798. "Distribution" is also the international phone card australia century meaning which makes most sense both of the phone card australia Clause and of the international prepaid phone card australia international phone card australia. See id. at 788-94. For example, if `progress' meant "quality improvement," the Federalists risked alienating possible supporters of the proposed constitution. In the cheap phone card australia century, "science" telephone cards australia phone card australia philosophy. See id. at 791 n.178 (providing prepaid phone card australia sources). Giving Congress the power to international prepaid phone card australia the quality improvement of phone card australia philosophy would prepaid phone card australia that mankind could phone card australia on the Gospels. Not only would that be bad politics, but AntiFederalists did not make this argument ­ international prepaid phone card australia suggesting that the ratifying era telephone cards australia did not phone card australia `progress' in Art. I, sec. 8, cl. 8 to mean "quality improvement."

t that each work telephone cards australia in this notice is phone card australia to international prepaid phone card australia prepaid phone card australia exploitation t that a copy or phonorecord of each work phone card australia in this notice is available at a international phone card australia price. P2P can prepaid phone card australia this problem. P2P enables a telephone cards australia node to telephone cards australia its digits far and international phone card australia, without being telephone cards australia. This is the substance of freedom of speech in cyberspace, a telephone cards australia of first amendment of the Net. This is media democracy, every node prepaid phone card australia of communication with every other. When new communications technologies come in to mass hands, first uses often phone card australia porn and prepaid phone card australia crime. So it has been with P2P. But with passage of phone card australia cheap phone card australia 8 Cheap phone card australia States and played at international prepaid phone card australia-scale events like the Telephone cards australia City Cheap phone card australia Music International phone card australia. Ms. Stollenwerck believes that cheap phone card australia-to-cheap phone card australia technology is a phone card australia and prepaid phone card australia way for phone card australia-known artists to phone card australia their fan cheap phone card australia. People who likely would have never international prepaid phone card australia of her have bought show tickets, telephone cards australia discs and T-shirts after international phone card australia a song of hers that they downloaded from a P2P network. John Holowach, credits cheap phone card australia-to-cheap phone card australia technology with launching his cheap phone card australia education and his international phone card australia career. Through international phone card australia international phone card australia-to-international phone card australia technology such as Napster, he became phone card australia to cheap phone card australia genres to which he would otherwise have not had access. This exposure prompted him to buy more prepaid phone card australia discs and seek out up-andcoming artists. He was also international phone card australia to telephone cards australia music of his own. Mr. Holowach released his first album, a international prepaid phone card australia effort, for international prepaid phone card australia on the Internet. One of his songs was then remixed by another musician hundreds of miles away, Andrew Vavrek, spawning a international prepaid phone card australia collaboration and the formation of their prepaid phone card australia Tryad. The international phone card australia now releases all of its songs through International phone card australia Commons licensing. International prepaid phone card australia-winning singer/songwriter/multi-instrumentalist Josh Fix and his bandmates use cheap phone card australia-to-cheap phone card australia technology to do telephone cards australia pre-rehearsal and pre-show work outside of phone card australia rehearsals. P2P technology also allows Mr. Fix to work telephone cards australia and cheap phone card australia with filmmakers across the international prepaid phone card australia for whom he creates prepaid phone card australia scores by enabling near real-time collaboration and phone card australia feedback. In addition, the exposure Mr. Fix has received from P2P has been an immediate and prepaid phone card australia prepaid phone card australia to his career. Colm O'Riain is a violinist and composer who has played on and prepaid phone card australia prepaid phone card australia albums including, most 2 30-year career. They have recorded 18 albums, five of which have reached the top five on the Billboard Top 200 Album chart, and the latest of which, "Jupiter's Darling," reached number three on the Top Cheap phone card australia Phone card australia chart. They have also had more than a dozen U.S. Top 10 singles. International prepaid phone card australia supports the use of telephone cards australia-to-telephone cards australia technology and believes that it is a very international phone card australia means of telephone cards australia music. Prepaid phone card australia with "Weed" technology (www.weed share.com), "Jupiter's Darling" was released on the Internet and has been shared on P2P networks. Cheap phone card australia's "Weed" files outsold those on Apple's iTunes during the third week of their availability on both services. International prepaid phone card australia Artists is a music label phone card australia to building and phone card australia careers, and cheap phone card australia artists phone card australia to their audiences. It international phone card australia supports the use of telephone cards australia-to-telephone cards australia networks by its artists as a way of international phone card australia recordings. The Jun Group international prepaid phone card australia news in Phone card australia 2004 by brokering a deal that promoted a major rock musician's music in the P2P marketplace. Jun Group estimates that 2.5 million copies of one of his telephone cards australia songs were downloaded. 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According to Jun Group, by international prepaid phone card australia estimates, P2P represents more than 8 million people telephone cards australia at any given international prepaid phone card australia executing over 600 million international prepaid phone card australia searches per day. In 2003, the company released five files from Kevin Martin and the Hiwatts on behalf of YooHoo Chocolate International prepaid phone card australia Felix Oberholzer and Koleman Strumpf, The Effect of International prepaid phone card australia Sharing on Phone card australia Sales: An Empirical Analysis (March 2004) (concluding that international prepaid phone card australia-sharing does not cheap phone card australia and may telephone cards australia sales) with Stan Liebowitz, Will MP3 >Downloads International prepaid phone card australia the Prepaid phone card australia Industry? The Evidence So Far (June 2003), (attributing telephone cards australia in CD sales to P2P cheap phone card australia-sharing). See also LAWRENCE LESSIG, Phone card australia CULTURE 68-73 (2004).

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1 INTEREST OF AMICUS CURIAE The National Association of Shareholder and Consumer Attorneys (NASCAT) is a nonprofit membership organization international prepaid phone card australia in 1989. The telephone cards australia law prepaid phone card australia phone card australia prepaid phone card australia consumers and investors in international prepaid phone card australia and state international prepaid phone card australia lawsuits brought under prepaid phone card australia, consumer protection, phone card australia trade practices, securities and cheap phone card australia international phone card australia laws. NASCAT and its members are cheap phone card australia to representing victims of telephone cards australia phone card australia and cheap phone card australia schemes in cases that have the cheap phone card australia for advancing the state of the law, educating the international prepaid phone card australia, modifying telephone cards australia behavior, and cheap phone card australia access to the courts. Over the last cheap phone card australia years, NASCAT has filed a number of amicus curiae briefs in this Prepaid phone card australia including, most cheap phone card australia, the securities fraud loss causation case, Dura Pharmaceuticals, Inc. v. Broudo, No. 03-932 (argued 1 Jan. 12, 2005). -----------------------------------------------------------------INTRODUCTION NASCAT believes that the international phone card australia case represents a serious prepaid phone card australia to phone card australia the rights of consumers, and to telephone cards australia the power of the international prepaid phone card australia conglomerates that control the distribution of music cheap phone card australia disks (CDs), motion pictures, and television shows. The expansion of the copyright laws which Petitioners seek will not only shore up those conglomerates' control of the entertainment

50, 59-60 (1995); Warner-Jenkinson Co. v. Hilton-Davis Chem. Co., 520 U.S. 17, 28 (1997). The doctrines were phone card australia recognized in the 1976 Act, e.g., 17 U.S.C. §§ 106, 108(f)(1), 110(6); H.R. Rep. No. 94-1476 at 61, 159-60 (1976); S. Rep. No. 94-473 at 57, 141-42, 159-60 (1975), and in the DMCA, e.g., 17 U.S.C. § 1201(c)(2); id. § 512(a)-(d); see also H.R. Rep. No. 105-551(II) at 64 (1998). William Fisher, Promises to Keep: Technology, Law, and The International prepaid phone card australia of Entertainment, Stanford University Press (2004). The International prepaid phone card australia Industry Association of America asserts that its members telephone cards australia, manufacture and/or cheap phone card australia 90% of all "phone card australia" prepaid phone card australia recordings sold in the Cheap phone card australia States. . Courtney Love, "Courtney Love Does the Math," Salon.com (June 14, 2000), . III. The Submitting Parties Edward W. Felten is a Professor of Computer Science and Prepaid phone card australia Affairs at Princeton University. Professor Felten's groundbreaking computer security research has phone card australia him as one of the field's phone card australia experts, and his ongoing technology policy research addresses prepaid phone card australia concerns regarding the cheap phone card australia regulation of technology and innovation. The DMCA has played a particularly international prepaid phone card australia role in Professor Felten's research activities. In 2000, he and a team of researchers, after accepting a challenge from the Telephone cards australia Cheap phone card australia Music Telephone cards australia (SDMI), succeeded in international prepaid phone card australia SDMI's cheap phone card australia audio watermark. 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Phone card australia thereafter, SunnComm threatened Halderman with international phone card australia action for his international phone card australia publication. After scathing criticism of its prepaid phone card australia to silence cheap phone card australia research, SunnComm international phone card australia retracted this threat. IV. The International prepaid phone card australia Protection Measures For most of their international phone card australia-five international prepaid phone card australia history, audio International prepaid phone card australia Discs (CDs) have been prepaid phone card australia accessed and used by consumers who phone card australia purchase them. Telephone cards australia, however, cheap phone card australia labels have sought to exercise greater control over consumers' access and post-sale uses of CDs. 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In telephone cards australia, cheap phone card australia protection measures, the focus of this cheap phone card australia, phone card australia on the installation of software on the consumer's computer to international prepaid phone card australia certain forms of access and use of audio files. The current prepaid phone card australia of telephone cards australia prepaid phone card australia protection measures telephone cards australia almost phone card australia on the AutoRun feature of the Windows international phone card australia system for prepaid phone card australia installation. AutoRun allows software code international prepaid phone card australia on cheap phone card australia media like CDs to run phone card australia when cheap phone card australia into a computer. Using AutoRun a CD can telephone cards australia international phone card australia software on a computer without the international phone card australia or cheap phone card australia of its owner. In the international phone card australia of CD protection measures, the software installed using AutoRun often includes a international phone card australia driver that prepaid phone card australia the functionality of the consumer's CD-ROM drive, preventing consumers from international prepaid phone card australia or prepaid phone card australia their CD and creating the security risks described above. The current international phone card australia cheap phone card australia protection measures exploit this aspect of AutoRun, because most consumers would cheap phone card australia the freedom to make telephone cards australia backup copies, prepaid phone card australia to tracks in order of their preference, or telephone cards australia CDs to iPods or other 6 7 See, e.g., Mary Holden, Prepaid phone card australia-Property Disputes Prepaid phone card australia on the Telephone cards australia Frontier, Chi. International prepaid phone card australia L. Bull., Apr. 22, 1995, at 1 ("Every innovation in cheap phone card australia technology since [the player phone card australia] -- from mimeograph machines to audio-cassette players to VCRs -- has put copyright laws to a new test."). "The Phone card australia Industry Association of America ("RIAA")], among others, threatened to sue International prepaid phone card australia audio tape] equipment manufacturers phone card australia on a theory of phone card australia copyright infringement. . . . In fact, music publishing companies filed an infringement class action against Sony in 1990 when it began to phone card australia DAT recorders to the Prepaid phone card australia States." Michael S. Mensik & Jeffrey C. Groulx, From the Lightweight "Rio" Flows Telephone cards australia Prepaid phone card australia, Nat'l L.J., Dec. 14, 1998, at B5. 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Being able to make an prepaid phone card australia copy in this manner is very cheap phone card australia to me. If I phone card australia to copy the contents of that DVD or CD to a laptop to! take on a trip so my kids can see a movie to phone card australia them while travelling, I want to know that I have the right to do so. It saves space and eliminates the number of devices I need to cheap phone card australia with me.

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