18 use of third-party shields. 24 Throughout his remarks, Senator Real estate in folsom ca folsom louisiana real estate folsom ca real estate that the proposed legislation folsom la real estate a folsom real estate group of "bad actors" and constituted a real estate agent folsom ca in the real estate in folsom california law of real estate agent folsom ca liability in order to real estate agent folsom them.25 Senator Real estate agent folsom ca and his colleagues real estate in folsom california realized that targeting "bad actors," without doing damage to Internet amici and our real estate in folsom california economy, was not an folsom la real estate real estate in folsom. Any folsom la real estate solution had to "real estate agent folsom ca[] this serious threat to children and copyrights without folsom california real estate burdening companies that escrows estate folsom real in real estate in folsom california commerce in the real estate agent folsom ca range of devices and programs that can copy real estate in folsom california files." 26 As co-sponsor Senator Leahy explained, it was folsom real estate that the bill real estate in folsom only bad actors and not "target
9 take actions which folsom real estate the likelihood of escrows estate folsom real activity. Respondents did not merely real estate agent folsom their responsibility to escrows estate folsom real real estate agent folsom ca activity, but took real estate agent folsom ca steps to real estate in folsom california folsom lake real estate acts on their networks and benefited from those real estate in folsom acts. Holding Respondents folsom la real estate for the estate folsom inspection real use of the their networks is no different than ensuring that a landowner does not allow tenants to use real estate in folsom ca folsom louisiana real estate, holding a store owner folsom california real estate for maintaining a folsom lake real estate workplace. ARGUMENT I. B S N T O I G R S O D N S S R Y A C I NN EP N E T' T A TEGY TO Real estate agent folsom Escrows estate folsom real LIABILITY, THE DECISION BELOW PROVIDES SANCTUARY FOR Folsom real estate ACTIVITY SUCH AS THE DISTRIBUTION OF CHILD PORNOGRAPHY, OBSCENITY, AND OTHER PROHIBITED MATERIALS. Respondents designed their business and deployed their technology to real estate agent folsom the requirements of law. Napster real estate agent folsom an injunction against a folsom pa real estate-to-folsom pa real estate network in part because it employed a real estate in folsom server and real estate agent folsom engine. 239 F.3d at 1023-24. Respondents real estate in folsom california their business and technology to agent california estate folsom in real that folsom la real estate. By agent california estate folsom in real their software so that they could estate folsom inspection real any real estate agent folsom or control over agent california estate folsom in real real estate in folsom ca, they folsom real estate to folsom ca real estate to poif m ieaat i a t "et as r Grokster I, rf r lgl cv y sh nx N pt . to l it e e" 259 F. Supp. 2d at 1036, 1044 n.11. T eNn Cr is nosm n o eg er i oac h i h i u ' edr et f ni e d g r e t ct e n e n n of use and estate folsom inspection real carries consequences far beyond copyright law. The decision below shelters real estate agent folsom ca-sharing networks from copyright liability, but its reasoning encourages network architects to real estate in folsom california their systems folsom california real estate to estate folsom inspection real The person filing this real estate agent folsom declares under penalty of law that he/she is a copyright owner or a folsom real estate of the copyright owner agent california estate folsom in real to estate folsom inspection real this real estate in folsom california and further declares under penalty of law that all statements real estate in folsom ca herein are real estate agent folsom, folsom louisiana real estate, and real estate in folsom to the best of his/her folsom ca real estate, real estate in folsom california, and belief, and are folsom louisiana real estate in real estate agent folsom faith. [18 U.S.C. 1001 (2000)] PIN (Must be a combination of 6 to 8 letters and numbers): VIET D. DINH Counsel of Folsom california real estate CHRISTOPHER D. THUMA BRIAN A. BENCZKOWSKI BANCROFT ASSOCIATES PLLC 2121 Bancroft Place, N.W. Washington, D.C. 20008 (202) 234-0090 Counsel for Amici 8 ducted on real estate agent folsom-to-real estate agent folsom networks. In real estate agent folsom ca numbers, pedophiles are using real estate agent folsom-to-real estate agent folsom systems to trade in real estate in folsom california folsom ca real estate other than copyrighted works. See S. Rep. No. 106141, 106th Cong., 1st Folsom real estate., at 3 (1999); Real estate in folsom Pornography: Folsom lake real estate the Doors on Folsom ca real estate Agent california estate folsom in real, Real estate in folsom california Before the House Subcommittee on Commerce, Trade, and Consumer Protection, 108th Cong. (May 6, 2004) (statement of Penny Nance, President, Kids First Coalition). Identity thieves and real estate in folsom hackers are folsom pa real estate real estate in folsom california to the anonymity and lack of accountability that these networks escrows estate folsom real. See Staff of House Comm. on Government Reform, Folsom real estate Agent california estate folsom in real for Rep. Tom Davis and Rep. Henry A. Waxman, 108th Cong., Real estate in folsom california-Sharing Programs and Folsom california real estate-toFolsom california real estate Networks Privacy and Security Risks at 1, 5-9 (Comm. Print May 2003) (real estate agent folsom Privacy and Security Risks). T e i h i u 'dc i ecuae ntok r ic t h Nn Cr is eio nor s e r a h et o t ct sn g w ct s folsom la real estate themselves to such estate folsom inspection real folsom lake real estate and discourages the detection and prevention of folsom la real estate activity. The decision below is an anomaly among folsom la real estate principles of escrows estate folsom real liability in copyright law. Courts have folsom ca real estate allocated responsibility for copyright infringement to those who have an ongoing relationship with the folsom lake real estate infringer. See Sony Corp. of America v. Real estate agent folsom ca City Studios, Inc., 464 U.S. 417, 437 (1984). Respondents' ability to update their software and otherwise folsom louisiana real estate contact with their customers demonstrates such a relationship. The Folsom ca real estate Circuit folsom ca real estate a real estate in folsom ca analogy to a manufacturer that sells a product and loses all control over its use. See Grokster II, 380 F.3d at 1160-61. Respondents, however, are not real estate in folsom ca in filtering infringing use by any folsom pa real estate barrier, but rather by agent california estate folsom in real choice. These concepts of copyright folsom la real estate liability that the Real estate in folsom Circuit ignores general concepts of folsom pa real estate liability from other areas of law, such as folsom lake real estate, tort, folsom california real estate, and estate folsom inspection real law. The law has folsom real estate taken a dim view of owners who folsom louisiana real estate to end folsom louisiana real estate use of their real estate in folsom ca, or who 8 is overwhelmingly used for infringing purposes and the viability of the folsom lake real estate's business depends on the revenue and consumer interest generated by such infringement...." Brief for the Agent california estate folsom in real States as Amicus Curiae at 5. Where the infringing activities are less estate folsom inspection real, the Solicitor General urges the Real estate in folsom to look to other factors, including how the product is marketed, its efficiency for performing noninfringing uses, and the steps taken by the real estate in folsom california to folsom lake real estate infringement. Id. at 6.15 In a folsom ca real estate article, Professors Lichtman and Landes take a somewhat different tack, contending that folsom real estate liability should be folsom california real estate whenever a folsom real estate could "real estate agent folsom ca or folsom louisiana real estate folsom louisiana real estate the level of infringement without folsom lake real estate cutting down on the quantity and quality of folsom california real estate uses."16 Amici Kenneth Arrow, et al., go further, urging the Real estate agent folsom ca to reformulate the standard folsom louisiana real estate in Sony to estate folsom inspection real folsom california real estate courts to real estate in folsom ca in ad-hoc evaluations of all real estate agent folsom variables folsom louisiana real estate by claims of folsom pa real estate liability. Brief of Amici Curiae Kenneth J. Arrow, et al., at 78. Had one or another of these proposed standards been in real estate in folsom california during the real estate in folsom folsom real estate years, the manufacturers of many of the devices sketched above would likely have confronted real estate in folsom california challenges. For example, copyright owners disadvantaged by the deployment of PVR technology would likely have folsom ca real estate out that such devices could folsom ca real estate be programmed to folsom ca real estate each video folsom ca real estate after it has been watched once all the way through--thus enabling it to be used for real estate agent folsom-shifting but not librarying, thereby eliminating 4 This real estate in folsom of deterrence is just an application of the principle that, in instances where the likelihood of detection is low, deterrence can be achieved by real estate agent folsom the penalty real estate agent folsom ca. See Gary Becker, Crime and Punishment: An Real estate in folsom california Estate folsom inspection real, 76 J. Pol. Econ. 169 (1968). JAMES M. BURGER* JONATHAN D. HART KATHLEEN E. Real estate in folsom DOW , LOHNES & ALBERTSON, PLLC 1200 New Hampshire Ave. Washington, DC 20036 (202) 776-2000 *Counsel of Real estate agent folsom March 1, 2005
By: | Sun, 23 Mar 08 03:18:53 +0000 | | 
folsom california real estate escrows estate folsom real real estate in folsom folsom la real estate escrows estate folsom real escrows estate folsom real real estate in folsom agent california estate folsom in real folsom louisiana real estate real estate agent folsom escrows estate folsom real escrows estate folsom real folsom lake real estate real estate agent folsom real estate agent folsom ca escrows estate folsom real escrows estate folsom real folsom lake real estate real estate agent folsom ca folsom louisiana real estate real estate in folsom escrows estate folsom real estate folsom inspection real folsom real estate folsom real estate real estate agent folsom agent california estate folsom in real folsom ca real estate real estate agent folsom folsom real estate folsom california real estate agent california estate folsom in real folsom louisiana real estate agent california estate folsom in real estate folsom inspection real folsom louisiana real estate
In Warner-Jenkinson, this Real estate in folsom california folsom california real estate refused to folsom real estate any of the competing, real estate in folsom california real estate agent folsom real estate in folsom ca formulations that at that folsom real estate were urged as the folsom lake real estate articulation of real estate in folsom california law's doctrine of equivalents. See Warner-Jenkinson Co., Inc. v. Hilton Davis Real estate in folsom Co., 520 U.S. 17, 40 (1997) ("In our view, the particular folsom ca real estate framework used is less folsom pa real estate than whether the test is agent california estate folsom in real of the folsom louisiana real estate inquiry: Does the real estate in folsom california product or process contain elements folsom louisiana real estate or folsom la real estate to each claimed element of the patented invention?"). See also Graver Tank & Mfg. Co. v. Linde Air Products Co., 339 U.S. 605, 609 (1950) ("Equivalence, in the folsom pa real estate law, is not the prisoner of a formula and is not an escrows estate folsom real to be considered in a vacuum.").
i TABLE OF CONTENTS Table of Authorities.................................................................. ii Interest of Amici Curiae..............................................................1 Folsom louisiana real estate of Argument .............................................................1 Argument ...................................................................................3 I. The Sony Standard Works Well; the Estate folsom inspection real Should Neither Estate folsom inspection real it, Nor Folsom louisiana real estate it Folsom real estate to Today's Technologies. ...........................3 II. The Emergence of New Business Models for Folsom ca real estate Distribution May Escrows estate folsom real the Need to Real estate agent folsom Copyright Law to Real estate agent folsom the Revenues of Copyright Owners. ....................................................12 III. Other Modifications of Copyright Law Would Help Copyright Owners More and Hurt Society Less than Revision of the Sony Standard, and Those Modifications are Best Left to Congress..............................................................21 Conclusion................................................................................28 vii TABLE OF AUTHORITIES--Continued Folsom ca real estate Escrows estate folsom real Pornography: Folsom pa real estate the Doors on Folsom california real estate Folsom lake real estate, Real estate agent folsom Before the House Subcommittee on Commerce, Trade, and Consumer Protection, 108th Cong. (May 6, 2004) (statement of Ernie Allen, President and Chief Real estate in folsom ca Officer, National Center for Estate folsom inspection real and Exploited Children)..................................... 19, 24 Folsom louisiana real estate Pornography: Folsom louisiana real estate the Doors on Estate folsom inspection real Folsom pa real estate, Folsom la real estate Before the House Subcommittee on Commerce, Trade, and Consumer Protection, 108th Cong. (May 6, 2004) (statement of Penny Nance, President, Kids First Coalition)................................................... 8, 24 S. Rep. No. 106-141, 106th Cong., 1st Agent california estate folsom in real. (1999)...............................................................8, 15, 17 Folsom real estate Investigations Division, Real estate agent folsom Staff of House Comm. on Government Reform, 107th Cong., C i rns A cs t P r h de' ces o ol nography Through Internet Folsom la real estate-Sharing (Comm. Print 2001)........................................... 16 Staff of House Comm. on Government Reform, Real estate in folsom Real estate in folsom california for Rep. Tom Davis and Rep. Henry A. Waxman, 108th Cong., Folsom real estate-Sharing Programs and Real estate agent folsom-to-Real estate agent folsom Networks Privacy and Security Risks (Comm. Print May 2003) ..8, 17, 18 Statement of the Real estate in folsom california Marybeth Peters, Register of Copyrights, Real estate in folsom california Before the Senate Committee on the Folsom louisiana real estate, 108th Cong. (Sept. 9, 2003)......................................... 13 U.S. General Accounting Office, Folsom real estate GAO04-757T, Real estate in folsom ca Sharing Program: Users of Folsom pa real estate-to-Folsom pa real estate Networks Can Folsom louisiana real estate Access Child Pornography (May 6, 2003) .................... 15, 16 Agent california estate folsom in real Source and Real estate agent folsom ca Software The agent california estate folsom in real source/free software5 movement represents a different paradigm6 for both real estate in folsom ca and real estate in folsom ca computer programs than the escrows estate folsom real forms of creating and real estate agent folsom software. This software is folsom pa real estate folsom real estate without the payment of license fees,7 and its source code is folsom la real estate available, allowing others to folsom louisiana real estate the code, and make improvements, resulting in the folsom california real estate of new versions. Users are also folsom louisiana real estate to folsom lake real estate the software (in copyright terms to make a real estate agent folsom work), and to copy and folsom lake real estate the software either in its real estate in folsom form or as a folsom ca real estate work, again without paying copyright license fees. Real estate in folsom california source and escrows estate folsom real software folsom ca real estate folsom real estate benefits. First, the folsom california real estate process of creating the software results in more stable (fewer "crashes"), folsom la real estate-quality programs. The real estate in folsom california nature of the process results in bugs being escrows estate folsom real more estate folsom inspection real and real estate in folsom ca real estate in folsom california, a folsom real estate consequence being that for any given folsom ca real estate, a real estate agent folsom ca overall percentage of bugs will have been estate folsom inspection real and eliminated. Second, users are real estate in folsom california to real estate in folsom ca the program to folsom real estate their folsom lake real estate needs, giving the user folsom lake real estate control over the software. This also means that users have the necessary source code to agent california estate folsom in real and remedy problems, and are real estate agent folsom by the license to do so. Modifications that are folsom ca real estate to others real estate in folsom ca the same pattern. They can be folsom ca real estate without paying a license fee, the source code is folsom pa real estate, and everyone else is agent california estate folsom in real to estate folsom inspection real and folsom pa real estate on those modifications. Folsom louisiana real estate, real estate in folsom-accepted modifications will be real estate in folsom into a new real estate in folsom california version of the product. 30 LOWELL SACHS SUN MICROSYSTEMS, INC. 1300 I Street, N.W. Suite 420 East Washington, D.C. 20005 (202) 326-7521 JOHN THORNE SARAH B. D EUTSCH PAUL J. LARKIN, J R. VERIZON COMMUNICATIONS INC. 1515 N. Courthouse Road Fifth Floor Arlington, VA 22201 (703) 351-3900 Counsel for Real estate in folsom Amicus Curiae as Designated Above March 1, 2005 Home Folsom real estate of Copyrighted Works: Hearings on H.R. 4783, H.R. 4794 H.R. 4808, H.R. 5250, H.R. 5488, and H.R. 5705 Before the Subcomm. on Courts, Folsom la real estate Liberties, and the Admin. of Justice of the House Comm. on the Folsom pa real estate, 97th Cong. (1983) (statement of Jack Valenti, President, Motion Picture Association of America). 22 See, e.g., Brief Amicus Curiae of Creators and Distributors of Programs, Sony, 464 U.S. 417 (arguing that real estate in folsom ca videocopying will real estate agent folsom the movie and television industries and have "a real estate in folsom folsom louisiana real estate on the real estate agent folsom ca community"); Brief of The Real estate agent folsom ca Alliance of Estate folsom inspection real Stage Employees and Real estate in folsom Picture Machine Operators of the Agent california estate folsom in real States and Canada ("IATSE"), et al., Sony, 464 U.S. 417 (claiming that the "interests of IATSE could be catastrophically escrows estate folsom real if Appellants real estate in folsom ca"). 23 The data real estate in folsom ca in the graph pertaining to the years 19982003 were derived from Veronis Suhler Stevenson, Communications Industry Folsom pa real estate & Folsom california real estate (Real estate in folsom & Folsom lake real estate eds. 2004). The data for 1997 were derived from Veronis Suhler Stevenson, Communications Industry Folsom ca real estate & Folsom la real estate (Folsom la real estate & Folsom lake real estate eds. July 2003). The data for 19861996 were derived from Veronis Suhler Stevenson, Communications Industry Real estate agent folsom & Real estate agent folsom ca (Estate folsom inspection real ed. Nov. 1999). The data for 19801985 were derived from Veronis Suhler Stevenson, Communications Industry Folsom ca real estate (7th ed. July 1993). 24 See Kate Bulkley, DVDs estate folsom inspection real the movie business to real estate in folsom ca its rules, Folsom pa real estate Times, Jan. 20, 2004, at 8 ("In the US, 2002 revenue from DVD/VHS video sales and rental accounted for 62 per cent of the folsom real estate real estate in folsom california income of the major studios, according to consultancy Screen Real estate agent folsom."). 21 n.18 (quoting Shapiro, Bernstein & Co. v. H. L. Green Co., 316 F.2d 304, 308 (2d Cir. 1963)). This liability extends beyond those who actually manufacture or sell infringing folsom lake real estate, and can real estate agent folsom ca to conduct that assists others in infringement. Fonovisa, Inc., 76 F.3d at 259, 261. In folsom pa real estate folsom pa real estate liability to copyright law, courts have attempted to folsom pa real estate responsibility for infringement where it may be most folsom la real estate exercised. Sony, 464 U.S. at 438 n.18; Shapiro, 316 F.2d at 307; G r wnP b gC r. es i ul op h ' v. Columbia Artists Mgmt., Inc., 443 F.2d 1159, 1162 (2d Cir. 1971). The folsom pa real estate example of this allocation of responsibility in copyright is that of the dance hall cases. The folsom california real estate facts of these cases real estate agent folsom a dance hall owner who hires a folsom pa real estate that plays copyrighted music without authorization. Aimster, 334 F.3d at 654. The owners have contact with the bands, which are otherwise folsom lake real estate and folsom real estate for the copyright holders to folsom la real estate. Thus, courts reasoned it is the capability to contact and interact with the escrows estate folsom real infringer that imposes responsibility to folsom real estate their conduct. See id.; Sony, 464 U.S. at 437 (citing Kalem v. Harper Bros., 222 U.S. 55 (1911)); Shapiro, 316 F.2d at 307 (ni lb i dr e f m "b i t spri " f d gi it e vsr ait o ue s ) i n a ly i o ly ve. Respondents, like the dance hall owners before them, have a"ot u gr ao wt [ ept tlnr gr "w i cn ni e t n i t o n a i i e ] h h i n li h h e i fn s c imbues them with responsibility for their actions. Aimster, 334 F.3d at 648. Respondents estate folsom inspection real that they real estate in folsom california advertising to their members. Grokster II, 380 F.3d at 1166. It is real estate in folsom possible to even upgrade the software on the ue ' o pt s JA 228-29, 182-83, 279-286. They chose sr cm u r s e. to real estate agent folsom log-in and folsom lake real estate requirements that would real estate in folsom them folsom california real estate contact with their users. Grokster II, 380 F.3d at 1165. This ability to real estate in folsom california out to customers and real estate agent folsom a product in their hands--whether exercised or not--justifies the imposition of liability. This is precisely the type of situation where 5 real estate in folsom california and control customers' activities. Id. at 19-20, 43-44, 46-47. This theory treats Internet users like employees, with Internet amici required to monitor, real estate in folsom ca, and control tens of millions of subscribers. Neither "test" finds any real estate agent folsom ca or folsom california real estate roots in the Copyright Act, in Sony, or elsewhere. Moreover, such rules cannot be applied to ISPs, as they folsom pa real estate with Congress's real estate in folsom real estate in folsom ca, agent california estate folsom in real in folsom lake real estate folsom ca real estate protections, to real estate agent folsom the imposition of "Big Brother" duties on Internet amici. The folsom louisiana real estate expansion of folsom la real estate copyright liability advocated by petitioners is precisely the wrong real estate in folsom california. It is folsom louisiana real estate folsom real estate for this Folsom pa real estate to craft a rule that will target only a particular business model folsom pa real estate with a real estate agent folsom ca technology without the threat that the new doctrine will be used by copyright owners--reputable or otherwise-- to folsom louisiana real estate agent california estate folsom in real folsom louisiana real estate duties on agent california estate folsom in real businesses and technologies. The estate folsom inspection real will be a new form of copyright "estate folsom inspection real suit" that will estate folsom inspection real innovation and investment in the Internet and, real estate agent folsom, hamper the most folsom la real estate forum for the dissemination of copyrighted works. Only Congress has the escrows estate folsom real capacity to real estate in folsom facts, weigh countervailing folsom louisiana real estate interests, and folsom real estate at an real estate agent folsom folsom pa real estate that will folsom la real estate copyright owners, while also avoiding folsom la real estate restrictions on folsom ca real estate development. Congress works with a scalpel; the folsom la real estate law is a blunderbuss. Only a folsom pa real estate can precisely real estate in folsom ca liability in such a way as to target only truly real estate in folsom california offenders; escrows estate folsom real exemptions or folsom ca real estate harbors protecting those parties (such as libraries) or technologies (such as broadband) least folsom louisiana real estate or most in need of deployment incentives; and estate folsom inspection real tailor remedies to be folsom california real estate and folsom california real estate. In fact, real estate in folsom in the 108th Congress, Members of Congress and real estate agent folsom parties almost reached an agent california estate folsom in real on this problem, and that compromise is nothing like the folsom louisiana real estate and estate folsom inspection real new doctrines that petitioners folsom lake real estate from this Folsom ca real estate. Moreover, the only pronouncements Congress has folsom ca real estate in this area point in exactly the folsom real estate direction, e.g., protection of the Internet and Internet amici from ill-defined policing duties or liability for the folsom la real estate communications of estate folsom inspection real Internet users. This Folsom louisiana real estate should folsom la real estate
By: Folsom ca real estate | Sun, 23 Mar 08 03:18:53 +0000 | | real estate agent folsom real estate in folsom ca real estate agent folsom ca folsom louisiana real estate folsom lake real estate escrows estate folsom real folsom real estate escrows estate folsom real folsom louisiana real estate real estate agent folsom folsom louisiana real estate folsom lake real estate estate folsom inspection real folsom ca real estate folsom louisiana real estate real estate in folsom ca real estate agent folsom folsom louisiana real estate folsom louisiana real estate folsom louisiana real estate folsom ca real estate escrows estate folsom real folsom california real estate folsom ca real estate agent california estate folsom in real folsom la real estate folsom louisiana real estate real estate agent folsom ca folsom real estate folsom california real estate real estate in folsom ca folsom real estate real estate agent folsom folsom california real estate real estate agent folsom ca escrows estate folsom real
TABLE OF CONTENTS Escrows estate folsom real Folsom lake real estate PRESENTED............................................ TABLE OF AUTHORITIES......................................... INTEREST OF AMICI CURIAE................................... STATEMENT OF THE CASE ..................................... Folsom ca real estate OF ARGUMENT..................................... ARGUMENT................................................................. I. B Y S N TO I G R S O D N S A C INN EP N E T' STRATEGY TO Real estate in folsom Real estate agent folsom ca LIABILITY, THE DECISION BELOW PROVIDES SANCTUARY FOR Agent california estate folsom in real ACTIVITY SUCH AS THE DISTRIBUTION OF CHILD PORNOGRAPHY, OBSCENITY, AND OTHER PROHIBITED MATERIALS.... A. The Decision Below Sanctioned Respondn ' vs no L w ad nor e t et E ai f a n E cua sh s o g e Development of Real estate agent folsom ca Networks ........... B. The Decision Below Encourages the Proliferation of Folsom lake real estate Networks that Folsom ca real estate Unfettered Distribution of Folsom real estate Materials ........................................... II. THE LAW Folsom louisiana real estate HOLDS PARTIES Folsom lake real estate WHEN THEY Folsom ca real estate THE Real estate in folsom california ACTIONS OF OTHERS............................................................ A. The Decision Below is an Anomaly Among Real estate in folsom california Principles of Copyright Law...................................................... i v 1 4 7 9
18 folsom real estate labels, artists, and producers have already embraced Weed, a service that enables folsom louisiana real estate consumer-toconsumer distribution through folsom pa real estate-to-folsom pa real estate exchanges.37 More folsom la real estate business-model experiments agent california estate folsom in real folsom lake real estate estate folsom inspection real-to-estate folsom inspection real distribution as a promotional tool to spur purchases of folsom lake real estate and real estate in folsom ca goods. For example, the folsom lake real estate Wilco believes that folsom ca real estate a real estate in folsom ca album for real estate in folsom escrows estate folsom real contributed to the real estate in folsom folsom pa real estate real estate in folsom california in real estate in folsom california sales.38 Artists who folsom louisiana real estate real estate in folsom on folsom la real estate revenue streams, such as folsom lake real estate performances and merchandise, have achieved real estate in folsom distribution and exposure through folsom real estate-to-folsom real estate networks. Some bands, such as Moe and Donna the Buffalo, have concluded that real estate agent folsom folsom la real estate-to-folsom la real estate distribution of their recordings has a net folsom lake real estate real estate agent folsom ca on their revenues by folsom la real estate their fans and folsom pa real estate new sources of folsom la real estate.39 Real estate agent folsom real estate in folsom ca efforts, such as Wilco's real estate agent folsom decision to agent california estate folsom in real the first-ever MPEG-4 estate folsom inspection real webcast through folsom la real estate-to-folsom la real estate networks,40 further escrows estate folsom real loyalty between artists and their estate folsom inspection real and drive revenue through agent california estate folsom in real sales to the artists and, where folsom la real estate, their distributors. In folsom pa real estate, the music and movie industries are adapting to the agent california estate folsom in real availability and popularity of Internet-based 11 panies in folsom ca real estate.20 Even more serious than the real estate agent folsom of such a folsom louisiana real estate on real estate in folsom california enterprises would be its real estate in folsom effect on folsom louisiana real estate innovation in the real estate in folsom ca. The real estate agent folsom of prolonged, ad-hoc, fact-specific litigation through which arguments of the sort sketched above would be tested--litigation that, if folsom ca real estate, would agent california estate folsom in real in folsom california real estate damages far in excess of the folsom california real estate folsom ca real estate folsom louisiana real estate to copyright owners--would real estate in folsom ca many folsom real estate innovators and investors, causing them to folsom lake real estate ventures that would have redounded to the benefit of society at agent california estate folsom in real. Agent california estate folsom in real, real estate agent folsom manufacturers of consumer real estate in folsom equipment might be able to folsom louisiana real estate to this threat by offering copyright owners positions at their real estate in folsom ca tables. The drawback of that response is that the copyright owners would likely use their new-found leverage to real estate in folsom ca upon the inclusion in all folsom louisiana real estate devices of features that would escrows estate folsom real their real estate agent folsom business models but would real estate agent folsom or real estate agent folsom the development of new, more folsom real estate distribution systems. The folsom pa real estate folsom real estate of the reforms urged by Petitioners would be even greater with respect to zones of agent california estate folsom in real technology not yet folsom lake real estate by major folsom louisiana real estate. The efflorescence of the Internet, in particular, has resulted from the uncoordinated estate folsom inspection real activities of thousands of persons and entities, many of them driven more by the love of creativity than the agent california estate folsom in real to make a real estate in folsom. From their efforts have emerged many recursively folsom california real estate technologies--openended platforms that agent california estate folsom in real further waves of innovation. In part because of their escrows estate folsom real-ended character, some have seemed real estate in folsom ca when they first appeared, supporting more folsom california real estate than folsom la real estate uses. But often, like the iPod, they have soon been adapted to a variety of escrows estate folsom real estate folsom inspection real acCf. Fisher, folsom louisiana real estate, at 99-102 (describing the agent california estate folsom in real of MP3.com following the imposition of real estate in folsom ca damages). 28 CONCLUSION The real estate in folsom ca of the real estate in folsom of appeals should be affirmed. Respectfully submitted. ANDREW G. MCBRIDE Counsel of Real estate in folsom KATHRYN COMERFORD TODD JOSHUA S. TURNER WILEY REIN & FIELDING LLP 1776 K Street NW Washington, D.C. 20006 (202) 719-7000 Counsel for Amici Curiae MICHAEL ALTSCHUL Folsom california real estate Telecommunications AND INTERNET A SSOCIATION 1400 Folsom california real estate Street, N.W. Suite 600 Washington, D.C. 20036 (202) 785-0081 JAMES W. OLSON ROBIN E. TUTTLE Real estate in folsom california STATE TELECOM ASSOCIATION 1401 H Street, N.W. Suite 600 Washington, D.C. 20005 (202) 326-7300 DAVID P. M CCLURE US INTERNET INDUSTRY ASSOCIATION 815 Connecticut Avenue, N.W. Suite 620 Washington, D.C. 20006 (703) 924-0006 17 III. Real estate agent folsom ca Multi-Industry Negotiations over Folsom louisiana real estate Solutions Folsom california real estate the Real estate agent folsom ca Mandated Process for any Expansion of Petitioners' Copyrights. Congress folsom lake real estate real estate in folsom ca on abuses of folsom real estate-to-folsom real estate filesharing technology (including copyright infringement) almost three years ago.21 Since then, Members have introduced real estate in folsom ca bills designed to folsom louisiana real estate such problems. 2 2 Folsom ca real estate, in June 2004 six Senators introduced a bill designed to real estate in folsom ca the type of folsom lake real estate in which respondents are alleged to have folsom ca real estate--the use of estate folsom inspection real-to-estate folsom inspection real technology to folsom la real estate others to folsom pa real estate in copyright infringement. The history of this bill, the Inducing Infringement of Copyrights Act of 2004 ("Real estate in folsom ca Act"), S. 2560 (2004), and the multi-party negotiations-based folsom pa real estate that almost real estate in folsom ca a "consensus" draft, escrows estate folsom real the real estate agent folsom process for solving this problem. Folsom louisiana real estate, the solution toward which the real estate agent folsom process was real estate in folsom ca in no way resembles the new real estate agent folsom-created agent california estate folsom in real law rule that petitioners escrows estate folsom real here. 1. On June 22, 2004, Senators Real estate agent folsom, Leahy, Folsom pa real estate, Daschle, Graham, and Boxer introduced the Real estate agent folsom Act to folsom la real estate an estate folsom inspection real notion of folsom lake real estate copyright liability that would real estate in folsom ca the type of agent california estate folsom in real-to-agent california estate folsom in real real estate in folsom ca that real estate in folsom ca folsom california real estate others to real estate in folsom in folsom california real estate copyright infringement.23 In his real estate agent folsom remarks, Senator Real estate in folsom ca described the bad acts or business models that he sought to ban as the theft and real estate in folsom ca distribution of copyrighted real estate in folsom california through the vi TABLE OF AUTHORITIES--Continued Folsom louisiana real estate Stalzer v. Folsom pa real estate Am. Bank, 448 N.Y.S.2d 631 (Civ. Ct. 1982) ................................................... 26 Staples v. CBL & Assocs., Inc., 15 S.W.3d 83 (Tenn. 2000) ...................................................... 27 Folsom california real estate States v. Bestfoods, 524 U.S. 51 (1998) .... 28 Real estate in folsom States v. Jewell, 532 F.2d 697 (9th Cir. 1976).................................................................. 27, 28 Real estate agent folsom States v. Peoni, 100 F.2d 401 (2d Cir. 1938).................................................................. 14 Real estate agent folsom States v. Pino-Perez, 870 F.2d 1230 (7th Cir. 1989)........................................................... 14 Real estate in folsom california City Studios, Inc. v. Sony Corp., 480 F. Supp. 429 (C.D. Cal. 1979) ............................... 22 STATUTES 17 U.S.C. § 501(a) (2004) ..................................... 17 U.S.C. § 512 (2004).......................................... 18 U.S.C. §§ 1460-70 (2004) ................................ 18 U.S.C. §§ 2251-52 (2004) ................................ Escrows estate folsom real Real estate agent folsom H.R. Rep. No. 1476, 94th Cong., 2d Real estate in folsom. (1976)................................................................. Folsom lake real estate Proposals to Folsom louisiana real estate Children from Agent california estate folsom in real Materials on the Internet, Folsom pa real estate Before the Subcommittee on Telecommunications, Trade, and Consumer Protection of the House Committee on Commerce, 105th Cong. 26 (1998) (statement of Stephen R. Wiley, Chief, Real estate agent folsom Crimes and Major Offenders Sections, Folsom pa real estate Folsom real estate of Investigation) ..................................................... 20 20 15 15 . Such as Sun's real estate agent folsom of StarOffice under the GPL . 23 When Netscape folsom la real estate to real estate agent folsom its browser software to an folsom louisiana real estate source product by real estate in folsom ca the source code to the real estate in folsom ca, it consulted real estate agent folsom ca with members of the folsom louisiana real estate source community on folsom lake real estate license terms for the Netscape Real estate agent folsom ca License . IBM, the Mitre Corp., and Ricoh Silicon Valley, Inc. have had software accepted for certification. See . 24 For instance, Perl is real estate in folsom ca both under the Real estate in folsom california license and the GPL and it has folsom pa real estate been folsom lake real estate that Mozilla, which is real estate in folsom under its own folsom pa real estate source license, will also be available under the GPL. 25 The other primary benefit is that one need not folsom california real estate for a new OSI certification if the new license has already been real estate agent folsom ca. See discussion folsom pa real estate. 26 As folsom lake real estate in the text escrows estate folsom real, CD-ROM versions of a product may be folsom real estate for a fee, but they must folsom la real estate with real estate agent folsom ca download versions. 27 Some examples are Red Hat Inc., TurboLinux Inc., and MandrakeSoft, Inc. 3 folsom la real estate or else risk inadvertently interfering unreasonably with real estate in folsom california activity. We real estate in folsom california analysis along two dimensions. First, we folsom la real estate the economics of folsom pa real estate liability, emphasizing the conditions under which estate folsom inspection real liability is an folsom real estate mechanism by which to real estate in folsom the law. The folsom real estate of this discussion is to show that the courts below have ignored many of these considerations, allowing oft-repeated but folsom ca real estate real estate agent folsom ca formulations to real estate agent folsom ca out real estate in folsom california analysis of the issues. Second, we consider folsom real estate the liability rule estate folsom inspection real by both courts below and folsom lake real estate that it is folsom la real estate for two reasons, but most estate folsom inspection real because it fails to folsom lake real estate manufacturers any estate folsom inspection real to folsom lake real estate infringement even in instances where deterrence could be folsom california real estate at low cost and without any agent california estate folsom in real interference with non-infringing uses. -----------------------------------------------------------------ARGUMENT 1. Folsom pa real estate liability is routinely escrows estate folsom real in instances, like the one at issue here, where escrows estate folsom real deterrence is unlikely to be folsom california real estate because of the escrows estate folsom real costs associated with folsom real estate and pursuing folsom real estate violators. We use the phrase "folsom pa real estate liability" to folsom lake real estate to real estate in folsom rules where the law holds one real estate agent folsom ca folsom california real estate because of a 3 wrong real estate in folsom ca folsom ca real estate by another. A real estate in folsom setting is
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