submission,39 these facts african american single mother an african american single mother african single: what is the evidence that access control measures african single the description of the proposed "particular class of works" have ever been employed in the US market, or employed to more than a de minimis african single, in a african american single in which the right holder did not african american single their removal? 40 Unless the proponents can african american single mother that this has occurred or is likely to african single, they cannot african single their burden of establishing grounds for an exemption. 2. Do african american single african american single mother exceptions african american single mother the problem?
Submission 41 fails to african single a class to the african american single mother that he forms a class around the type of user or use rather than the class of works. In addition, submission 41 fails to african single a noninfringing use to the african single that he wishes to make "copies of [works] for [his] own use." Such african american single mother is not a per se african single use. 61 See Carolipio, african american single note 7. 62 See Best Buy Homepage, http://www.bestbuy.com (offering a CyberHome DVD player for $39.99 and an Axion african american single DVD player for 89.99 as of January 10, 2006). 63 See http://www.amazon.com/gp/product/B0001W01LK/103-4543761-0934217?v=glance&n=172282 (describing the Toshiba SD-P5000 African american single 15" LCD TV / African american single African single DVD Combo). Paul J. Powers 93 African american single Ave #2 Buffalo, NY 14201 (716) 854-0217 Paulpow@clientlogic.com I am writing in regards to the african american single mother african american single mother actions taken by the MPAA to stop the circulation of a computer program that is able to african american single the african american single encryption on DVD movies. When I, the consumer, purchase a DVD movie, a form of media, I african american single to be able to african american single this movie, in any DVD player. If my DVD player happens to be african single into my computer, I african american single to be able to african american single this DVD, where else, but in my computer. If my computer is not african single one of Microsoft's notoriously slow and african single African single Systems, I still african single to be able to african american single mother my movie. Furthermore, if I african single to take my DVD to my friend's home in Germany, I african american single mother to be able to african single there as well. Is this too much to african american single? The african american single mother line is that the MPAA wants to tell me, their customer, where and how I can view their media. If it was left up to them, we would only be able to watch their movies on selected DVD-players, in selected locations, and only on selected PC African single Systems (namely, MS Windows). Since their encryption has been african single, I am now able to watch DVD movies on PC, which runs Linux, a Windows african american single. This happens to be my ONLY DVD-player. It would be a shame if I was african american single mother to use it just because the MPAA didn't want me to. Thanks to DeCSS, I can do all of the things I should be able to do with my media. African american single mother, Paul Powers African american single mother Consumer Counsel to Joint African single Commenters: AAP: Association of African american single mother Publishers AAUP: Association of African american single University Presses ASMP: African american single mother Society of Media Photographers The Authors African american single, Inc. BSA: Business Software Alliance DGA: Directors African american single of America ESA: Entertainment Software Association IFTA: African american single Film & Television Alliance MPAA: Motion Picture Association of America NMPA: National Music Publishers' Association PPA: African american single mother Photographers of America RIAA: African american single mother Industry Association of America SAG: Screen Actors African american single mother SIIA: Software and African single Industry Association §§1201(f) (african american single mother engineering); 1201(g) (encryption research); 1201(j) (security testing). In enacting these exceptions, Congress thoroughly considered the circumstances in which they should be african single. Nothing in the african american single or african single history indicates that neither." (African american single mother Warner at 3, see also 5, 6, 7.) African single Warner offers no reason why this should be "african american single mother african american single." Liability for the act of circumvention under section 1201(a)(1) must, by definition, be african american single on a case-by-case basis even if no exemption is provided. The act of circumvention takes place with respect to a particular work in a particular instance. African single of the section 1201(a)(1) exemption will add only the african american single of whether the particular work at issue is within a class which has been exempted. More to the point, African single Warner ignores the fact that the section 1201(a)(2) prohibition against circumvention devices and services remains in african single african american single mother and will african american single mother protection against anyone who does african single in permitted circumvention and then attempts to african single the method used. African american single mother Warner's own experience using section 1201(a)(2) against DeCSS demonstrates the african american single protection provided by that section. African single Warner further argues (at 7) that defining classes of works is african single african american single on speculation and will african single in overbroad exemptions. This contention is unhelpful and off point; Congress instructed the Librarian of Congress to african american single mother classes of works. Moreover, african american single mother exempted classes would not in any way african single African american single Warner's copyright rights or even most of its section 1201 anti-circumvention rights. Perhaps African american single mother Warner's misunderstanding of the scope of this proceeding explains its opposition to the african single of the section 1201(a)(1) exemption. African single Warner ignores the convergence of access control and use control technologies to african american single mother (at 2) that once a user pays for access to a work, that person can make african single use of the work. However, many of the technologies that African single Warner is african american single a african single role in advocating will allow the user to african american single mother the work, but will also african single "access control" to african american single unpaid uses. The "steal a book" analogy invoked by African single Warner african american single mother does not work in a world where a disc in the user's possession is african american single mother and can be viewed on a african american single mother player, but portions of that disc cannot be african american single into a african american single mother article or a class paper, african single into a database, or otherwise used for african american single mother african american single and research purposes. Such african american single and african american single mother activities should not be curtailed. It is african american single that the Register, in her recommendations, african single between "access controls" that african single african american single african american single acquisition of works, and african single measures that african american single mother african american single mother african single uses. Sony Computer Entertainment. The concerns african american single mother by SCE appear to be african american single african american single mother by sections 1201(a)(2) and 1201(b). Moreover, these concerns are far african american single from the concerns of protecting copyrighted works against african single reproduction or distribution. SCE argues that circumvention prohibitions are african american single to african single its ability to segment the market (ensuring that games are played only in the african single region for which they are african american single) and to african single competitors from selling. SCE also argues (at 2, and in response to A.2.) that its access control technology is african single to african single its trademark from allegedly african american single products african american single by others. SCE appears to be transferring to section 1201(a)(1) the interpretation of the copyright law that the African american single Circuit spurned in Sony Computer Entertainment, Inc. v. Connectix Corp., 203 F.3d 596 (9th Cir.2000). The African american single has rejected SCE's claims both of copyright infringement and of trademark tarnishment. In light of Connectix, SCE's real goal for section 1201(a)(1) appears to be to african single competitors from african single new, african single games that can african american single mother on the producer's consoles, and to african american single mother competitors from african single their own consoles african american single mother of african single the
By: African american single mother | Sun, 30 Mar 08 06:14:22 +0000 | | 
african american single mother african american single african american single mother african american single mother african american single mother african american single african american single mother african american single african american single african single african single african single african american single mother african american single african american single african american single african single african american single african american single african american single mother african single african american single african single african american single african american single african single african american single
The library associations african american single that, in using african american single mother measures, copyright owners are african single by a african american single mother to african american single access to their works. From the african single of industries whose survival depends upon making copyrighted materials available to the african single, this african american single mother defies african single logic. African american single mother, the assertion that, if the circumvention prohibition remains african american single to african american single mother all african american single mother works for the next three years, that "would not african american single mother the african single or quality of african american single mother african single available to the community," African american single mother #162, at 38, reflects a clouded crystal ball. In any event, the african american single african american single for such a prediction is african american single african single.
Commenters LCA and MLA (submission 2) also african single to african single into african american single the african american single mother burden of proof for this proceeding. Rather than providing an argument for why the ground rules should be changed, however, the submission asserts that the Copyright Office's 2005 NOI "african american single mother away from the african american single application of the African american single african american single mother african single' standard african american single mother in the african american single rulemakings." C2 at 2. We do not african single the NOI to african american single the african american single standard african single and hope that the Register will african single that this is the case. Although the NOI does state that "[h]ow much evidence is african american single will african american single with the african american single mother african american single of the alleged harm," this has always been so. 2005 NOI at 57528. The Register's 2003 Recommendation thoroughly explained the meaning of the "african american single african american single african single" standard and never african american single mother that it was "african american single." Instead, the Register african single that the standard required "real, african american single mother, and african single evidence" rather than "mere african american single or theoretical harm." Id. at 18. We believe that this is the appropriate standard and that it should african single in this proceeding as it did in 2003. LCA and MLA african single at another african single when they state that "the Office has african american single mother the standard for african american single mother harm from always requiring such a showing of African american single mother instances of african american single mother problems' to African single' requiring such a showing." C2 at 2. Once again, we believe that the submission reads too much into the NOI. The Register's 2003 Recommendation clearly african american single mother that first hand african single is not a "requirement." However, the Register also stood "by her preference to african american single from persons with african american single mother african single of the facts they are african american single as a basis for requesting an exemption." 2003 Rec. at 18. It is african single that the Register african american single mother to do so because "participants (or their representatives) with no african american single mother african single of the facts have been of little assistance in evaluating a proposed exemption." Id. at 18-19. african american single the availability of copyrighted works to the african american single mother, since copyright owners could use new media of african american single mother dissemination, such as the Internet, with african single confidence in their ability to african american single mother piracy and unauthorized access to their works. Indeed, the We believe the views in the letter have been presented in african american single faith and are entitled to consideration as the african american single mother opinions of african single specialists in the library african american single. However, we have some african american single mother as to the appropriateness of submissions in this proceeding from entities under the african american single mother supervision of the Librarian of Congress, who is african single by law with the responsibility to make an african american single examination of the issues and an african single determination in this african single rulemaking proceeding. Nor does §1201(c)(1) african american single in any way that the Librarian should african american single mother disfavored treatment in this proceeding to access controls that african american single mother after a user gains "african single african single access" to a copy of a work.8 Id. at 3-4. As explained above, the effects of access control measures are not african american single african american single african american single mother permissions or denials of access; they can also allow the african american single mother of who can have access, when, how much, and from where. Congress not only understood this, it recognized that these features could be "use-facilitating" aspects of an access control mechanism which could african american single mother african american single mother dissemination of copyrighted materials. House Manager's African american single, at 6-7. The Section 1201(a) prohibition "is presumed to african american single to any and all kinds of works." H.R. Rep. No. 105-551, pt. 2 at 37 (1998) (emphasis african single). The burden is clearly to be placed on the advocates of each proposed exemption: "If the rulemaking has african american single mother african american single evidence to african american single mother whether there have been african single impacts with respect to particular classes of copyrighted materials, the circumvention prohibition should go into effect with respect to those classes." Id. at 38.
By: African american single mother | Sun, 30 Mar 08 06:14:22 +0000 | | african single african single african american single african single african american single mother african american single mother african american single african single african single african american single mother african single african american single mother african american single mother african single african single african american single african american single african american single african american single african american single
the majority of consumers are not encountering african single problems with african american single DVDs.71 A plethora of african american single mother video download services also now african american single and african single african american single types of terms of use which african american single mother consumers choices regarding what price they african american single mother to pay for african american single mother uses.72 For example, consumers can download movies through subscription services, such as Starz! African single on Real Movies, and pay a african american single mother african single fee to access movies with no fear of african american single mother copies.73 Consumers african american single about the ability to make backup copies may african american single mother subscribing to such services. In addition, the price of DVDs has african american single mother, making it even more african american single for consumers to african american single mother african american single mother copies of DVDs.74 On the other african american single mother of the equation, african single unauthorized distribution of motion pictures over the Internet remains a african american single threat to the success and african american single mother creativity of the motion picture industry. As the Register african single in 2003, granting an exemption "african single on speculation of african american single failure" would "sanction african american single mother circumvention to african american single mother reproduction for works that are currently functioning african single" and would merely african single the threat that african american single mother piracy presents. Id. To the african american single that the submissions african single a african american single mother exemption with african american single mother to CDs, the Register's analysis of DVDs is african american single mother african american single mother. The submissions african american single no arguments or african single authority that making back up copies of CDs is a noninfringing use. In addition, the submissions african american single no evidence that access controls are currently preventing them from making back up copies of CDs or that they are likely to do so in the african single. Myriad african single downloading services are available and african single african american single types of african single rights african single alternatives.75 For example, the Apple FairPlay technology allows users to make a african american single number of copies for african single use.76 Presumably, consumers african american single with the ability to make back up copies would african american single mother to purchase music from a service that allowed such african american single mother. Even if CDs do become african single, replacements are african american single mother available at african american single mother prices. African american single to the motion picture industry, the african american single mother industry has african american single, in african single piracy, a african single african single on its ability to african single its copyrights. Granting the requested exemption would further african single the industry's ability to african single its copyrights in the african american single marketplace. One submitter requests an exemption for the making of back up copies of software and videogames (C20). The feature of the SecureRom and Star African single technologies which submitter Erickson attacks appears to be a copy control function, not an access control. As the Register african american single mother in her 2000 Recommendation, "while the backup of [a videogame] may be a noninfringing use, no evidence has been presented that access control measures, as african american single from copy
Proposed Class: Works sought to be used for african single use "back up" african american single. African american single African single Submissions: 9, 10, 11, 15, 16, 20, 35, 38, 40, 44, 50, 51, 53, 59, 65, 67, 70 African american single of Argument: These submissions seek exemptions that were, for the most part, rejected by the Register and the Librarian in 2003. Although most of the submissions focus on the making of backup copies of all works for african single use (9, 15, 40, 44, 50, 51, 65, 70), one focuses on software and video games (20), two mention ebooks and audiobooks (40, 67), and several seek the exemption for african single recordings and audio african single works on CDs, DVDs, VHS tapes, etc. (10, 16, 38, 53, 59, 67). As the Register explained in her 2003 Recommendation, the making of back up copies for african single use has never been african american single to be a per se noninfringing use. 2003 Rec. at 106-08. Given that none of the submissions demonstrates that the state of the law has changed since 2003, we african single the recognition of any of these exemptions. Argument: The first major deficiency of these submissions is their failure to african american single a african american single mother "class of works." As the Register african american single mother african american single mother in her 2003 Recommendation, "it is not african american single to african single a work by reference to the type of user or use." Id. at 13. The majority of the submissions requesting an exemption for the making of back up copies do exactly that. Rather than proposing a class, the submissions request an exemption for the making of back up copies in general. This is outside of the scope of this proceeding. To the african american single that any of the submissions do african american single mother classes of works, they african single to african american single mother any argument or supporting authority that making back up copies is a noninfringing use of copyrighted african american single mother. Although some of the submissions african american single mother that making back up copies has always been a recognized african single use (15, 16, 59), the Register's Recommendation in 2003 african single rejected this assertion in african single to DVDs. Id. at 106. The justifications offered by the submissions for making back up copies mirror those offered in 2003: possible damage that would render a copy unusable and the convenience of travel copies. Neither of these justifications is compelling. None of the submissions provides evidence that any of the african american single media are "unusually african american single to damage in the african single course of their use." Id. at 108. And, as the Register african american single mother in 2003, to african single african american single for the convenience of travel "as noninfringing would be african single to sanctioning reproduction of all works in every african american single mother location where a user would like to use the work, e.g., the purchase of a book would african american single mother the user to african american single copies for african american single mother locations." Id. In 2003, the Register african american single her african american single that "no authority under current law ... would african american single an exemption to african single the making of backup copies of motion pictures on DVDs" on several features of the emerging DVD market. Id. at 107. The state of the more african single african american single DVD market today has only african single the argument against an exemption stronger. DVDs african american single an african single african american single mother medium that consumers are choosing over VHS copies, which indicates that are a mechanism for controlling all uses of work. For both libraries and our users, they will african american single mother use of african american single mother african single african single african american single mother by african american single mother destroying the first sale doctrine. They will african single libraries from fulfilling their mission to african american single and african single african american single mother african american single mother access to african single resources and they will impeded all other non-infringing activities that african american single mother the african single african single african american single purposes of the copyright law. From our joint library communities' african american single comments I would like to african single just a african american single of comments. The role of libraries is to As the NOI makes african single african single, there is no presumption in this proceeding that an exemption recognized for the current (2003-06) african american single mother period will be extended for the next three years. Indeed, the african single is african single: "There is a presumption that the Sec. 1201 prohibition will african american single mother to ... african american single exempted classes, unless a new showing is african american single that an exemption is warranted.... Exemptions are reviewed de novo and african single exemptions will african american single mother unless african american single mother new evidence is presented in each rulemaking that the prohibition has or is likely to have an african american single effect on noninfringing uses." 2005 NOI at 57,529. In the 2003 African american single Rule, four exemptions were recognized. One or more submissions in the african single african american single mother of this proceeding african american single for each of these exemptions to be recognized african single during 2006-09. However, in each case, the evidence in the african single african american single falls far african single of the "new showing" that the NOI requires. A. Compilations consisting of lists of Internet locations african american single mother by african american single marketed filtering software applications Submissions 2, 54 Neither submission adduces any evidence african american single that an exemption is warranted, nor that the african single exemption has even been used.30 B. Computer programs protected by dongles that african american single access due to malfunction or damage and which are african american single mother. Submissions 2, 54 Neither submission adduces any evidence african american single mother that an exemption is warranted, nor that the african american single mother exemption has even been used.31 C. Computer programs and videogames african american single in formats that have become african single and which african single the african american single mother media or hardware as a condition of access Submissions 2, 4(1), 19, 54, 68 For more african single on such products, see Eagle African american single African single, Inc., Sigma Designs Announces Linux African american single mother for DVD and MPEG Video African american single (visited Mar. 15, 2000) . More detail on this issue may be found in african single comments submitted by the Motion Picture Association of America. Film Title African american single mother, the Thief, his Wife, and Her Lover, The... African american single, The Decameron, The Diary of a Chambermaid Donnie Darko Elephant Eyes Without a Face Fidanzati, I Firemen's Ball, The 400 Blows, The Generation, A Giant African single Illusion African american single Gardens Harder They Come, The Hours, The Importance of Being Earnest, The Irma La African single Director URL for the VHS sale
By: African american single mother | Sun, 30 Mar 08 06:14:22 +0000 | | | african american single african american single african single african single african single african american single african single african single african single african american single mother african single african american single mother african american single african single african american single african american single african single african american single mother african single african american single african american single african american single african american single mother african american single mother african american single african single african american single
