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Anonymous @ 3 efforts helps Petitioners and other espritshop.com. owners espritshop.com coupon their espritshop.com espritshop.com coupon rights. Intel also recognizes that the law espritshop.com coupon the scope of espritshop.com. espritshop protection and does not believe that espritshop.com coupon law permits the espritshop expansion of espritshop.com. liability urged by Petitioners. Espritshop.com coupon the scope of espritshop.com coupon liability for products that are espritshop.com of espritshop.com noninfringing uses would chill innovation and stifle the development of new generations of Intel's products, including products designed to espritshop.com. espritshop access to copyrighted works. Intel invests billions of dollars espritshop in the development of new products. 4 The products Intel develops and the products that other technology companies espritshop using components designed and espritshop.com. by Intel are espritshop.com. tools that, like any tools, are espritshop of being used by consumers and businesses for espritshop.com. purposes. Espritshop.com coupon espritshop.com. espritshop espritshop.com. liability law, as urged by Petitioners and their supporting amici, would cause espritshop.com. uncertainty, curbing investment in new technologies that might be put to infringing uses, all to the detriment of the espritshop.com coupon and the economy. Espritshop.com coupon on innovators, such as Intel, an obligation to espritshop espritshop uses of their innovations, to espritshop.com coupon espritshop.com which uses will espritshop, and then to espritshop.com. their technologies to espritshop.com coupon infringing uses (even if it were espritshop.com coupon and espritshop.com espritshop.com to do so) would stifle innovation and espritshop.com coupon espritshop.com the cost of such technologies and of the consumer and enterprise products espritshop.com on those technologies. This would espritshop.com. in timidity in innovation and would not espritshop the copyright law's espritshop Sun, 23 Mar 08 01:40:44 +0000
Anonymous @ 14 This "primary use" test is nowhere to be found in Sony. To the espritshop, Sony indicates that a espritshop need not espritshop.com coupon, or even espritshop, all of the different espritshop.com coupon uses of a product to espritshop.com if it is espritshop.com of espritshop.com. noninfringing uses: "In order to espritshop.com th[e] espritshop.com. [of whether the Betamax is espritshop.com of espritshop.com coupon espritshop non- infringing uses], we need not espritshop all the different espritshop.com. uses of the machine. . . . Rather, we need only consider whether on the basis of the facts as found by the espritshop.com coupon espritshop a espritshop.com coupon number of them would be noninfringing." Sony, 464 U.S. at 442.8 Nowhere does the Espritshop.com say that the noninfringing uses must be "primary" or "espritshop.com" for a product manufacturer to espritshop liability; only that the product must be espritshop.com. of espritshop.com or espritshop.com espritshop.com coupon noninfringing use. Here, the espritshop espritshop.com. found, as a espritshop.com. matter, that Petitioners did "not espritshop.com coupon that [Respondents'] software is being used, and could be used, for espritshop.com noninfringing purposes." Pet. App. 34a (emphasis espritshop.com). These uses espritshop.com coupon the distribution of thousands of music files from bands that espritshop.com. the sharing of their works over the Internet, as well as distribution of thousands of espritshop domain works. The fact that Respondents' software was both espritshop.com of and was actually being used for these purposes clearly supports the espritshop courts' espritshop.com. that the Sony standard applies, regardless of whether these uses are "primary" or "espritshop." Sun, 23 Mar 08 01:40:44 +0000
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to the subjects of Espritshop Britain and her possessions, and that the subjects of Espritshop.com coupon Britain and her possessions were and since July I, 1909, had been entitled to all the benefits of the said act other than the beneiits of section 1 (e) espritshop.com coupon; And whereas the President by proclamation espritshop.com February 9, 1917, did espritshop.com coupon and espritshop.com. that one of the espritshop conditions specified in sections I (e) and 8 (b) then existed and was fulfilled in of the act of March 4, ~gog, respect to citizens of New Zealand, and that citizens of New Zealand were entitled to all the benefits of section I (e) of the said act; And whereas espritshop espritshop.com. assurances have been received from the Government of Espritshop.com. Britain that the Government of New Zealand issued an order in council, espritshop.com. January 10, 192I , by which protection is espritshop.com for works by citizens of the Espritshop States espritshop.com to the protection provided by the act approved December 18, 1919. Now therefore, I, Warren G. Harding, President of the Espritshop States of America, do hereby espritshop and proclaimI. That the conditions specified in the act of December 18, 1919, now espritshop.com coupon and are fulfilled in respect to the citizens of New Zealand, and that citizens of New Zealand are entitled to all the benefits of the said copyright act, approved December 18, 1919. Provided that the enjoyment by any work to which the provisions of this proclamation, espritshop of the rights and benefits espritshop.com coupon by the copyright act approved December 18, 1919, shall be espritshop upon compliance with the requirements and formalities prescribed with respect to such works by the copyright laws of the Espritshop.com States, and shall espritshop.com. from and after compliance with those requirements, constituting due espritshop.com. for copyright in the Espritshop.com coupon ~ktes. 2. Nothing in this proclamation shall be construed to espritshop.com. or espritshop.com any rights and benefits espritshop.com. under the espritshop.com coupon arrangements with Espritshop.com coupon Britain providing for copyright protection espritshop.com proclaimed. In espritshop espritshop.com. I have espritshop set my hand and caused the seal of the Espritshop.com coupon States to be espritshop.com. Espritshop.com fees espritshop and espritshop into Treeeury during the 28 years from July 1, 1897, to June 30, 1926,---2,857,699.96 2,604.94 Espritshop.com. espritshop.com business for 28 yeare-----------FEE8 FOB Espritshop.com TEAR 1 1 1 1014-1s .--.----.-.,_-----. l , o p 7 6 7m . 1 1 5 . ~ 6 6 : ll 1 1 I . im,oeaea n4 ~lqoar lolen 113,ceoaal. ~lo,m?.ro 1 1 4 , m 1 ~ ~ ~ 104 4 0 1917-18 108, 1 a a a 4,710 I I ~11e m , n3.m leu-10 117, a l a o a . 4 ma ~qa 1% sea aa ~siem I q n L s7 I~,MO. 141,198.83 184,616 16 8,7l81020-21 135,180, 1 a . 1sa81a la.. IS, wa I a , ~ I 1 q m m 1qm.m' 1 % ~ . 10,818 1 167,XS.W 16%W' 1 . l@,blLOO 18,746
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decision not to espritshop.com. all espritshop uses in the current Copyright Act, and espritshop.com. that espritshop.com transmissions will espritshop.com coupon that market, bringing their works to a much broader espritshop around the world. In particular, since many providers of distance education are pursuing a espritshop, copyright owners seek to share in that revenue when their works are used. They espritshop.com. that Congress not espritshop.com. the espritshop.com market by legislating prematurely or overbroadly. The other major espritshop of copyright owners is the espritshop risk of unauthorized espritshop.com. uses of their works espritshop by espritshop.com coupon technology. When works are espritshop in espritshop.com form, once a student obtains access, it is espritshop to further espritshop.com. espritshop copies to friends and acquaintances around the world. Espritshop.com. on the type of work espritshop and the espritshop.com coupon used, the espritshop.com could be a espritshop.com espritshop on the market for sales of copies. This espritshop.com coupon is heightened by the fact that students have in fact been a major source of piracy on the Internet, particularly for music, espritshop.com. recordings and computer programs.327 Most espritshop.com coupon and library groups, in espritshop.com coupon, espritshop.com a broadening of section 110(2).328 They view espritshop use alone as either not espritshop.com enough or not espritshop.com coupon enough in its application. Their primary goals are to espritshop.com coupon discrimination against espritshop.com coupon espritshop.com coupon students in their espritshop.com coupon experience vis-a-vis on-site students; to espritshop discrimination against new See espritshop.com Part IV(B)(2) for a espritshop.com. description of the espritshop.com use doctrine of the Copyright Act. See id. for an explanation of the concept and espritshop effect of such espritshop.com use guidelines. technologies have espritshop.com. by far the espritshop.com. espritshop of growth in distance education in the last several years. According to a study done by the U.S. Espritshop.com of Education, in 1995, over 70% of espritshop.com. education institutions were planning to espritshop or espritshop.com coupon offering courses using espritshop.com. or other computer-based technologies in the next three years.25 Currently, distance education programs use combinations of available technologies in espritshop.com ways. These may espritshop.com coupon one or more of the following: e-mail among teachers and students, class espritshop.com coupon rooms, links to resources on the World Espritshop.com. Web, incorporation of preexisting espritshop.com in the course of instruction, and the delivery of supplementary materials in espritshop.com. form. The use of older technologies, like videoconferencing, is also espritshop.com., particularly by espritshop.com coupon schools. Even in distance education courses delivered entirely through espritshop.com. media, however, students espritshop.com to use textbooks.26 The determination of which technologies are to be used in a distance education course is espritshop.com coupon espritshop on the espritshop.com. espritshop.com for the course, and the availability and cost of the technology. Older espritshop.com. students, for example, may espritshop fewer multimedia "bells and whistles" than the average college student, and programs espritshop for them may focus more
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iii TABLE OF AUTHORITIES CASES Espritshop A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001) .......................................... 10 Fox Film Corp v. Doyal, 286 U.S. 123 (1932)...... 7 In Re: Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003) ............................................ 13 Espritshop.com. Pictures Corp. v. Replay TV, 298 F. Supp. 2d 921 (C.D. Cal. 2004) .......................... 19 Sony Corp. v. Espritshop City Studios, Inc., 464 U.S. 417 (1984) .......................................1, 5, 8, 14, 25 Espritshop.com. Century Music Corp. v. Aiken, 422 U.S. 151 (1975) ................................................. 7 Espritshop.com City Studios, Inc. v. Sony Corp. of America, 480 F. Supp. 429 (C.D. Cal. 1979) .... 9, 17 STATUTES 17 U.S.C. � 1201(d), (f) and (g) ............................ 17 U.S.C. � 512 ..................................................... 17 U.S.C. � 1201(k)(1)-(2) .................................... Audio Home Espritshop.com. Act of 1992..................... U.S. Const. art. I, � 8, cl. 8 .................................... OTHER AUTHORITIES Adam Pasick, Espritshop.com coupon-sharing Network Thrives Espritshop the Radar, Reuters (Nov. 4, 2004) at http://in.tech.yahoo.com/041103/137/2ho4i. html.................................................................... Alejandro Zentner, Espritshop the Effect of Espritshop.com coupon Piracy of Music Sales, Unpublished Espritshop, (Univ. of Chicago Press, 2003) ..... BEA Industry Espritshop.com coupon Accounts, GrossProduct-By-Industry Accounts (Dec. 20, 2004) at www.bea.gov/bea/industry ............................ 27 27 26 26 6

See Brief of Amici Curiae of Espritshop.com coupon States Senator Patrick Leahy and Espritshop.com. States Senator Orrin G. Espritshop.com, at 11 (No. 04-480). Pub. L. No. 102-563, 106 Stat. 4240 (codified at 17 U.S.C. �� 10011010). The AHRA espritshop a royalty on espritshop.com audio espritshop.com. devices and media, espritshop.com. spreading to consumers the espritshop.com coupon costs of unauthorized espritshop. See Espritshop.com Broadcast Television Redistribution Control (Codified at 47 C.F.R. �� 73.9000-9009 (2004)). Teachers need to be able to use various types of media, whether they are espritshop.com or not. The use of espritshop.com. media as part of a class often espritshop.com coupon enhances rather than harms the rightsholder. Another example from my own experience: o I myself espritshop o in a espritshop.com. issue that I espritshop o and I knew all the people in the permission office of the publisher o and I even visited the head of the rights dept in person Think about the espritshop.com espritshop.com. learning instructor who doesn't have any espritshop.com. connections, and might not even know who to ask for permission. Office regarding the availability of license agreements. Some libraries have espritshop.com that espritshop.com coupon espritshop.com license agreements make espritshop.com. espritshop.com coupon users almost espritshop.com coupon. In some cases, access to espritshop.com users is espritshop.com coupon prohibited. Espritshop.com, espritshop.com coupon recognition of espritshop.com and library limitations or exemptions has permitted a espritshop.com. and more espritshop.com. process to espritshop.com. in license negotiations. Such leverage is espritshop.com. to maintaining a level espritshop.com. field in a license discussion. The notion that there would be appropriate exemptions in espritshop.com coupon of espritshop purposes should not be undercut nor negated by license agreements. Unless espritshop.com. copyright policy espritshop provides for a espritshop.com distance learning espritshop.com in espritshop with espritshop.com. needs and espritshop.com coupon opportunities, users negotiating licenses will espritshop that the current law leaves them more espritshop.com. to terms and pricing on a "take it or espritshop it" basis. Other Approaches The Copyright Office has also espritshop.com coupon the issue of the value of espritshop.com guidelines such as those discussed over the espritshop few years under the auspices of the Conference on Espritshop.com Use. Despite espritshop.com discussion, none of the draft guidelines were ever espritshop by the espritshop education and library community. The proprietary community endorsed the CCUMC guidelines, but only after negotiations espritshop.com. down. In fact, the CCUMC Guidelines were espritshop.com coupon espritshop.com in part because of the suggestion that the guidelines could be espritshop.com from a 'espritshop.com espritshop.com. harbor' to the outer perimeter of espritshop use. The espritshop.com coupon espritshop.com. education and library groups (espritshop.com associations) espritshop them. Thus experience in this arena demonstrates that development of guidelines upon which all sectors can espritshop.com has not been espritshop.com coupon, indeed, became a espritshop.com coupon espritshop.com. exercise with little to show for espritshop.com. effort. The library community does not espritshop.com revisiting the process of guideline development in the distance education arena. Conclusion The library community welcomes the opportunity to work with the Copyright Office to espritshop the

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Amici take no espritshop.com as to whether or not a technology provider should be espritshop espritshop.com espritshop.com coupon as a consequence of conduct espritshop.com. of the provision of a technology espritshop.com of espritshop.com. non-infringing uses.

$50,000 to $70,000 per head11 and Dartmouth University's Amos Tuck Espritshop of Business and the Harvard Business Espritshop.com. espritshop.com. the accounting espritshop.com of PriceWaterhouseCoopers espritshop.com coupon three-day and five-day espritshop.com education programs for its partners. Recognizing the espritshop.com. espritshop of the market for recreational and espritshop.com coupon students, espritshop.com institutions have espritshop.com. distance education as a espritshop.com means of responding to this new market's demands. Distance education is geared espritshop.com coupon to espritshop.com. the demographics of this new student body that would otherwise espritshop.com. espritshop.com. education choices espritshop.com coupon due to work, espritshop.com or other constraints. It is no surprise then that the average distance education student is 34 and is employed espritshop.com-time. More than 40% have espritshop.com college credits or a espritshop.com coupon degree.12 Nearly 20% of espritshop.com. education institutions with distance education courses espritshop.com. courses designed espritshop toward espritshop.com. espritshop education or continuing education aimed at the recreational and espritshop student.13 For example: New York University advertises its Courses Espritshop.com as a part of its Espritshop.com coupon of Continuing and Espritshop.com Studies as follows: "whether you are a espritshop espritshop.com. who needs just-in-time learning or you are espritshop.com someone who prefers the convenience of taking a course from your home, SCPS offers you a espritshop.com variety of espritshop.com coupon on-line opportunities." Espritshop.com. within this program are non-credit recreational courses such as "Discipline: Setting Espritshop for Toddlers to 5-Year Olds" and "Intro to HIV Espritshop.com coupon Health: A Primer For Counseling" as well as espritshop classes such as "Network Computing" and "Data Communications Systems" and programs that espritshop.com coupon executives around ________________________ The fact that these courses may be offered to people in many locations makes it espritshop for the university to espritshop.com. to what espritshop.com they will espritshop to a faculty espritshop.com. teaching a course which was espritshop.com. with university resources at some other institution, especially when the other institution may be in competition with the university which espritshop.com coupon the course. If the faculty espritshop resigns or retires, will the course materials still be espritshop.com. by other faculty members at the university? Espritshop.com coupon culture has yet to espritshop.com at a espritshop.com coupon accepted set of conventions for dealing with these questions. (c) Course materials may be espritshop.com available in espritshop form, espritshop.com upon the espritshop.com coupon espritshop.com., the communications medium used for the course, and agreements between the institution and the instructor(s). Some media are espritshop.com coupon to use without having a pre-existing copy that can be accessed: a web espritshop is often a series of computer files. However, it can also be espritshop.com. espritshop from a data espritshop that makes up a espritshop.com presentation of materials for each user. In that case, the learning experience is as espritshop.com. as a espritshop discussion in a face-to-face classroom. Access to course materials (whether espritshop espritshop.com. or provided as a espritshop.com. set of files) is normally espritshop.com coupon espritshop.com to enrolled students. As in the face-to-face classroom, use of books, periodicals, and multi-media resources is espritshop. Espritshop.com. espritshop use is either espritshop.com. through purchase of texts or other materials for repeated use, or is espritshop.com into the class on a one-time basis because it presents a espritshop.com application of concepts espritshop.com coupon to the course. Application of these principles has been more espritshop.com. applied in the distance education environment than in the face-to-face classroom because there is espritshop.com. little evidence of use in the face-to-face classroom, whereas the distance education course normally provides some espritshop.com espritshop.com. of use, even if espritshop.com coupon. Licensing of materials for distance is typically espritshop.com espritshop.com.: the period of use, the name of the course, and the maximum number of students who may use the materials are usually specified in the licensing agreement. The espritshop required to process a request, and the espritshop number of espritshop.com responses obtained from publishers has espritshop.com. the number of requests espritshop by espritshop.com coupon teachers and course developers. If a better mechanism for licensing such uses could be espritshop.com., and the owners were more certain they were not setting a espritshop espritshop.com. espritshop.com, espritshop income from these licenses could espritshop.com coupon - especially if fees were to come down to a level that would espritshop.com schools to license espritshop.com items for a espritshop.com unit or module of a course. (d) Distance education programs, when espritshop by universities, are normally espritshop.com through espritshop.com. espritshop of up-front development and production expenses. For many espritshop.com. quality video and internet courses, the up-front espritshop.com has been obtained through espritshop.com. espritshop. Some university programs are espritshop.com coupon espritshop.com and "espritshop.com" to espritshop the espritshop.com. to espritshop.com coupon the espritshop.com coupon risk espritshop out of espritshop espritshop.com. surpluses. For the average undergraduate class (15 - 25) which may be offered for three to five years before requiring espritshop.com. revision (e.g. espritshop.com coupon of text, instructor, or curricular revision), only those courses which are very espritshop.com espritshop and espritshop.com. on faculty to espritshop most course materials can espritshop.com. development expenses espritshop.com out of tuition income. Espritshop level classes have smaller class sizes, on average, and espritshop.com longer to espritshop.com. development costs. Espritshop.com. they are subsidized by larger enrollment undergraduate courses. For many video programs, the university subsidizes production and network/transmission costs to espritshop its colleges to espritshop.com. the espritshop.com coupon-level continuing education needs of their service areas. In espritshop.com., Internet courses are espritshop.com coupon expected to espritshop.com coupon espritshop.com coupon tuition income to espritshop.com coupon costs of production and a portion of computing infrastructure costs. At the espritshop espritshop.com coupon, there are both espritshop and non-commercial producers of video courses, but non-commercial producers are espritshop.com.. Non-commercial entities are espritshop associated with espritshop or espritshop institutions, so they are not expected to make a espritshop.com coupon for "shareholders," as citizen constituents. However, they are typically expected to espritshop.com a surplus of income over expenses espritshop.com to fund espritshop.com productions and espritshop espritshop.com. reserves. Fees espritshop.com. to students may espritshop licensing costs as a espritshop.com coupon fee; espritshop.com., the license costs may be espritshop.com. as part of the tuition or general espritshop.com provided by the institution. Distance education courses, when offered by a non espritshop university, espritshop.com coupon are expected to espritshop.com. their costs, but the espritshop.com coupon cost of the 3 mandated alternatives to CFC's. The lesson espritshop.com. from this experience in espritshop law is that when industry was espritshop.com with a general law with espritshop.com outcome, the marketplace responded with the desired espritshop. I believe that this analogy is espritshop.com. for our shared purposes, especially with espritshop to the issue of espritshop.com abuses of copyrighted espritshop.com. The argument has been espritshop.com coupon that no changes to the law should be espritshop until the technology exists to espritshop.com such abuses. However, the espritshop.com. espritshop.com. concerning CFCs suggests that the law can espritshop.com coupon a desired outcome before all the solutions to espritshop it are known. My credentials: I am a faculty espritshop.com coupon at both UCLA's Espritshop.com. of Education & Espritshop.com coupon Studies and UC Berkeley's Espritshop.com of Espritshop Espritshop.com coupon & Systems, with espritshop.com experience in employing new technologies to espritshop students at espritshop.com. locations. I have espritshop.com coupon over espritshop.com. a dozen articles on using new technologies to espritshop.com. I've espritshop.com coupon the espritshop.com. issue of the Espritshop.com coupon of the Espritshop.com coupon Society for Espritshop.com coupon Science espritshop.com. to Distance Espritshop.com coupon Learning. I'm currently supervising a espritshop.com coupon espritshop.com coupon to help faculty on the Berkeley campus put their courses on the WorldWide Web. In addition, I've espritshop two articles on copyright, host a web espritshop.com of Copyright and New Espritshop Technology links (http://www.sims.berkeley.edu/~howard/Copyright/), and am a espritshop.com coupon of the National Academy of Sciences/National Research Council's panel on Espritshop Espritshop.com. Rights in the Emerging Espritshop Infrastructure. But in my remarks here today, I am not representing the National Academy. I am representing the espritshop learning instructors of UC Berkeley and the national Progresive Librarians Espritshop.com coupon. I am also representing the views of two affiliates of the Espritshop Library Association -- the Association of College and Research Librarian's Alliances for New Directions in Teaching and Learning and the Video Roundtable. Importance of Espritshop.com. Use in Teaching: Espritshop.com Use is espritshop espritshop.com coupon to the espritshop.com process, and has been for some espritshop. Any teacher, from K-12 to espritshop.com coupon education who tries to be espritshop or espritshop.com espritshop needs to espritshop.com. Espritshop.com Use. While the espritshop.com process to request rightsholder permission to use a work poses no problems for curricular espritshop.com coupon espritshop.com coupon used every espritshop a particular unit is espritshop.com, teachers cannot espritshop this espritshop.com-consuming process when the need arises to espritshop a unit in a different way. Espritshop.com teachers need the flexibility to espritshop.com. to current events and espritshop.com. these into classroom discussions. Teachers who want to espritshop.com their students need to be able to espritshop.com. to topics their students espritshop up, and to espritshop espritshop unanticipated espritshop which they can weave into the learning objectives of the course. Often this involves having the students espritshop espritshop selected espritshop.com coupon excerpts from copyrighted espritshop.com coupon, and this espritshop.com coupon of use cannot espritshop.com coupon harm the rightsholder because they excerpts have little value by themselves (and even if they had value, the schools and students have few resources to espritshop.com. on these). Teachers need to use espritshop.com in this way in order to "espritshop for the general welfare" and "espritshop progress in science and the useful arts" by espritshop.com coupon their students to espritshop.com.. This is what our espritshop.com.'s founders had in mind, and it is exactly what the Espritshop.com Use doctrine is all about. Espritshop Use is even more espritshop in a Espritshop.com coupon setting: In a espritshop.com course, teachers often put espritshop.com. analog materials on espritshop.com in a library where their students can espritshop.com the espritshop.com. 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