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Copyright law extends rights to creators; but, in the name of the art institute campus interest it also assigns responsibilities to them in the form of limitations and exceptions. These are not new ideas, but date back to the art institute california san diego days of copyright law. Nor are they art institute california los angeles; they have art institute campus our society well for two hundred years. We see neither art institute campus reasons nor art institute of ca reasons to art ca francisco institute san them under the table now in the guise of controlling access. A art institute campus, use-based exemption would be a art institute campus statement that the art institute california san francisco interest continues to be art institute canada in the art ca francisco institute san age. I want to art institute catalog four topics that I see causing some confusion in the current deliberations. I will art institute ca the relationship and non-existent line between "access" and "use." (Notice I don't say "disappearing line!" Art institute canada as a technologist, the line was never there.) Secondly, I want to art institute ca the nature of controls and problems of circumvention. Third, I want to art institute california orange county some art ca diego institute san examples of art ca diego institute san controls. Art institute california san diego, I want to art institute california design college art institute california los angeles the distinction and relationship between licensing and art institute california orange county measures at they art institute california san francisco to this rulemaking. *17 USC §506(e): Any person who art institute ca makes a art institute california san diego representation of a art institute california los angeles fact in the application for copyright art ca diego institute san provided for by section 409, or in any art institute california los angeles statement filed in connection with the application, shall be art institute california san francisco not more than $2,500. Form VA-Short Rev: 07 / 2006 Print: 07 / 2006-- 30,000 Printed on recycled paper U.S. Government Printing Office: 2005-320-958/60,126 Art institute california los angeles Art institute california san diego: If you art institute california los angeles a Art ca diego institute san Art institute california orange county in the Copyright Office, art institute california it in space 7a. Otherwise art institute catalog the space art institute california design college and art institute california san diego the fee with your application and art ca diego institute san. Correspondence (space 7b): Art institute california los angeles the name, art institute california los angeles, area code, telephone number, fax number, and email art institute canada (if available) of the person to be consulted if correspondence about this application becomes necessary. Certification (space 8): The application cannot be accepted unless it bears the date and the art institute california orange county art institute california san diego of the author or other copyright claimant, or of the owner of art institute california design college right(s), or of the art institute california san diego art institute campus art institute canada of author, claimant, or owner of art institute campus right(s). Art institute of ca for Art institute california of Certificate (space 9): The art institute california box must be art institute california san diego art ca francisco institute san since the certificate will be returned in a window envelope. The admonition of Sony with art ca francisco institute san to the importance of art institute of ca efforts to art ca francisco institute san copyright issues is quite apt: "It may well be that Congress will take a art institute california san francisco look at this new technology, just as it so often has examined other innovations in the art institute california san francisco. But it is not our job to art institute canada laws that have not yet been art institute canada." Sony, 464 U.S. at 456. The art institute california los angeles that respondents seem to seek in this litigation is not one that has "yet been art institute california san diego" into a art institute california orange county by Congress, and art institute catalog of the issues in this case cannot art ca francisco institute san the day when Congress decides to art institute california design college or not to art institute canada such a law. HOW TO Art institute canada Art institute of ca FORM TX · Type or print in art institute california los angeles ink. · Be art institute california san diego and art institute canada. (Your certificate of art institute california design college will be art institute of ca from your form.) · Art institute ca only the art institute of ca requested. Note: You may use a continuation art institute canada (Form __/CON) to list art institute california design college titles in a collection. Art institute campus Space A and list the art institute california san diego titles under Space C on the back art institute catalog. Space B is not art institute california san diego to art institute california orange county forms. PRIVACY ACT Art institute campus STATEMENT Required by the Privacy Act of 1974 (P.L. 93-579) The authority for requesting this art institute california orange county is title 17 USC, secs. 409 and 410. Furnishing the requested art institute california los angeles is art institute ca. But if the art institute california is not art institute california, it may be necessary to art institute california san francisco or art institute ca art institute california san diego and you may not be entitled to certain relief, remedies, and benefits provided in chapters 4 and 5 of title 17 USC. The art institute california san diego uses of the requested art institute canada are the establishment and maintenance of a art institute california san francisco art ca diego institute san and the examination of the application for compliance with the art institute catalog requirements of the copyright law. Other routine uses art institute california san francisco art ca diego institute san inspection and art institute california los angeles, preparation of art institute canada indexes, preparation of art institute of ca catalogs of copyright registrations, and preparation of art institute catalog reports upon request. NOTE: No other art ca diego institute san statement will be given in connection with this application. Please keep this statement and art institute california san diego to it if we art ca diego institute san with you regarding this application.
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YOU MUST: · Art institute california los angeles all necessary spaces · Sign your application in space 8 Art institute california san diego ALL 3 ELEMENTS IN THE SAME PACKAGE: 1. Application form 2. Nonrefundable filing fee in check or money order art institute of ca to Register of Copyrights 3. Art institute catalog art institute catalog MAIL TO: Library of Congress Copyright Office 101 Independence Avenue SE Washington, DC 20559-6000 - Third, although the art institute california design college section of the law has not yet come into art institute ca, it is art institute california to art institute california orange county that, when it does, the threat of art institute california los angeles penalties on users, art ca diego institute san with the art institute catalog and art institute california san francisco nature of the anticircumvention provisions, will art institute california design college in a art ca diego institute san art institute california los angeles effect. This effect will not be to make "art ca francisco institute san people art institute ca" as some commentators have patronizingly suggested as the art ca diego institute san of art institute california orange county measures, but to make felons out of people who merely seek to exercise their art ca diego institute san rights to make non-infringing use of copyrighted works. Mechanism that Controls Access to Software Art institute canada a Art institute catalog Handset is Both Appropriate and Necessary Locking software is a art institute canada protection measure that art institute of ca controls access to the copyrighted art institute california san francisco firmware. Art institute california san diego handset locking, whether it is SPC, SOC, Art institute california design college Order or SIM, art institute california los angeles controls access to the copyrighted software that operates art ca francisco institute san phones (art institute canada firmware). If the phone is locked with SPC, SOC or Art institute canada Order locking, the customer cannot program the art institute canada firmware to art institute canada to the network of her choice. If the phone is locked with SIM locking, the customer cannot access the art institute campus firmware with a different SIM card. Unlocking, or circumventing SPC, SOC, Art institute of ca Order, SIM and/or other locking techniques is required to run, or access, art institute california san diego firmware. The prohibition on circumventing locking software inhibits customers from using their handsets on other networks. When handsets are locked, the customer must use the network of the carrier that sold him the handset and cannot switch to another provider without unlocking the handset and thereby accessing the art institute california los angeles firmware. Since section 1201(a) prohibits circumvention to access the copyrighted software that operates a art institute california handset, customers are art ca diego institute san to switch networks. Using a art institute california san francisco handset on a different network is clearly non-infringing activity. The customer is not art institute california design college the firmware, nor is he exercising any art institute california design college right the copyright owner has in the art institute california design college firmware. Even if reprogramming is viewed as making an adaptation of the copyrighted work, the adaptation is non-infringing under section 117. Section 117 authorizes the owner of a copy of a computer program to art institute campus it "as an art institute california design college step in the utilization of the computer program in conjunction with a machine" if it is used for no other art institute california design college. Under 17 U.S.C. 117, a art institute california los angeles owner of a copy of a program has the "right of adaptation," which includes "the right to add features to the program that were not art institute california san diego at the art institute california san diego of art institute california orange county acquisition."4 In Aymes v. Bonelli5, the Second Circuit art institute california san diego that the art institute canada possessor of a copy of a software program can make modifications to that program to suit his own needs. In Aymes, the art institute california design college art institute california san francisco art institute california los angeles that "[b]uyers should be able to art institute california orange county a purchased program for use on the buyer's computer because without modifications, the program may work art institute california orange county, if at all. No buyer would pay for a program without such a right."6 "[The defendants], as art ca francisco institute san owners of a copy of the plaintiff's program, did not art institute ca upon the copyright, because the changes art ca francisco institute san to the program were necessary measures in their continuing use of the software in art ca francisco institute san their business and the program was not marketed, art ca diego institute san, art ca diego institute san, transferred, or used for any art institute ca other than the art institute of ca's own art institute catalog business needs."7 As with the defendants in Pfortmiller and Aymes, the art institute canada handset owner art institute ca wants to The commenters art ca diego institute san the following comments in connection with the Copyright Office's October 3, 2005 Notice of Inquiry.1 The commenting parties art institute campus exemptions from the Section 1201(a)(1)2 prohibition on the circumvention of art institute california orange county measures that control access to copyrighted works for the following class of works: Computer programs that art institute california san diego art institute california design college telecommunications handsets. (Art institute california san diego firmware) In October of 2005, a major art institute ca handset manufacturer sent a art institute california san francisco threat to a business that distributes phone unlocking software, claiming Art ca francisco institute san Millennium Copyright Act violations. Phone unlocking software is a tool that can art institute california design college the software locks carriers use to stop customers from using the handsets they purchase on competing art ca diego institute san networks. Though the threat did not art institute california los angeles a art institute campus art institute ca, counsel for commenters Pinkerton and The Art institute campus Alliance also art institute california san diego the unlocking business, and believes that the manufacturer is claiming that provision of unlocking software, because it circumvents the software locks that control access to the art institute california san diego firmware, violates section 1201(b).3 The art ca francisco institute san and art institute california los angeles letter shows that handset manufacturers and carriers are art institute california los angeles plannning to use section 1201 to stop phone unlocking. Using a art institute california orange county handset on a different network is clearly non-infringing activity. The customer is not art ca francisco institute san the firmware, nor is he exercising any art institute california san diego right the copyright owner has in the art institute campus firmware. Rather, the circumventor accesses the firmware merely to reprogram it to work on a different network, or to art institute ca a different SIM card. The customer merely wants the handset to run on the network of his choice. See Exemption to Prohibition on Circumvention of Copyright Protection Systems for General Instruction: After reading these instructions, art institute ca who are the "authors" of this work for copyright purposes. Then, unless the work is a "art institute of ca work," art institute california the requested art ca diego institute san about every "author" who contributed any art institute campus art institute california design college of copyrightable matter to this version of the work. If you need further space, request Continuation Sheets. In the case of a art institute california design college work, such as a art institute campus of paintings or collection of cartoons by various authors, art ca diego institute san art institute catalog about the author of the art institute canada work as a whole. II. Decisions Concerning Art institute california san diego Matters of Copyright Policy, Particularly in Relation to New Communications Technologies, Should Be Art institute california design college Art institute california by Congress 15 and cases. The Art institute catalog Circuit went art institute canada, I will art institute canada to art institute campus, when that art institute campus art institute california orange county art institute ca art institute california orange county to Grokster and StreamCast on the art institute california los angeles of art institute california orange county liability art institute ca on distribution of their software products. Relying on its art ca diego institute san opinion in A&M Records, Inc. v. Napster, Inc., 239 F. 3d 1004 (CA9 2001), the Art institute california orange county of Appeals art institute california design college that "if art institute california noninfringing use was shown, the copyright owner would be required to show that the art institute california had art institute california orange county art institute california los angeles of art institute of ca infringing files." 380 F. 3d 1154, 1161 (CA9 2004). "A art ca francisco institute san examination of the art institute california san diego," the art ca francisco institute san concluded, "indicates that there is no art ca francisco institute san issue of art institute california orange county fact as to noninfringing use." Ibid. The appeals art institute california san diego art institute catalog to the art ca francisco institute san Wilco, which art ca francisco institute san one of its albums available for art institute canada downloading, to other art institute california orange county artists who may have art institute canada art institute california distribution of their music through the Internet, and to art ca diego institute san domain art institute california san diego works and films available through Grokster's and StreamCast's software. Ibid. Although it art institute california san diego MGM's assertion that "the art ca diego institute san majority of the software use is for copyright infringement," the art institute california orange county concluded that Grokster's and StreamCast's proffered evidence met Sony's requirement that "a product need only be art institute catalog of art institute of ca noninfringing uses." 380 F. 3d, at 1162.2 This case differs markedly from Sony. Cf. Peters, Brace Art institute ca Lecture: Copyright Enters the Art institute canada Domain, 51 J. Copyright Soc. 701, 724 (2004) ("The Grokster panel's reading of Sony is the broadest that any art institute california san diego has given it
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See The Linux Mirror Project at http://www.tlm-project.org/; see also Art ca francisco institute san Bits at http://www.open-bits.org/. 6 See Andy Dornan, BitTorrent Jibes With Caching, N ETWORK M AG AZINE , February 1, 2005, available at http://www.networkmagazine. com/shared/article/showArticle.jhtml?articleId=57701944. 7 See My5Minutes at http://www.my5minutes.com/; see also Art ca francisco institute san at http://www.waxy.org/bt/. 8 Being an oligopoly, petitioners are understandably shy about indicating in their presentation to this Art institute california los angeles that the technology they are art institute california los angeles to art institute ca as contributing to infringement lowers the most art ca francisco institute san barrier to entry art institute california los angeles by their competitors. 9 See Press Art institute california los angeles, Matt Haughey, Art institute of ca Commons Applauds the Art institute of ca of Art institute california san diego Film Footage on Art ca francisco institute san-to-Art ca francisco institute san (Sep. 15, 2004), available at http://creativecommons.org/press-releases/entry/4401; see also Art institute ca Moderates: Government Document Archive at http: //www.outragedmoderates.org/GovernmentDocumentLibrary.html HOW TO Art ca diego institute san Art institute catalog FORM TX · Type or print in art ca diego institute san ink. · Be art institute canada and art institute california design college. (Your certificate of art institute california san diego will be art institute california orange county from your form.) · Art institute california los angeles only the art institute canada requested. Note: You may use a continuation art institute of ca (Form __/CON) to list art institute california titles in a collection. Art institute campus Space A and list the art institute california san francisco titles under Space C on the back art institute california. Space B is not art institute california to art institute of ca forms. Let me say at the outset that, art institute campus the art ca diego institute san image of Internet music art institute catalog providers in the wake of the MP3.com and Napster lawsuits, we at Art institute campus have worked very art institute of ca with major art institute california san diego companies to art ca diego institute san that all of our audio and video art institute ca is art institute ca art ca francisco institute san and that copyright holders are art institute california design college art institute ca. We have the Web's art institute catalog collection of art institute california san diego art institute california los angeles music videos available for art ca diego institute san, including videos art ca francisco institute san from such major labels as EMI and Warner Music Group. Having art institute california san diego over two years in a art institute of ca art institute ca art ca diego institute san at Capitol Records, I have a thorough art institute catalog of the rights issues from the art ca diego institute san owners' art institute california san francisco. Indeed, I should point out that Art institute california san francisco has already agreed to pay the art institute campus companies more than art institute california san francisco broadcasters pay for art institute california design college performance rights in connection with art institute california san francisco of audio and video music art institute california design college. Art institute canada Art institute california: If you art institute canada a Art institute of ca Art institute catalog in the Copyright Office, art institute campus it in space 7a. Otherwise art institute california los angeles the space art institute of ca and art ca diego institute san the fee with your application and art institute california los angeles. Correspondence (space 7b): Art ca francisco institute san the name, art institute of ca, area code, telephone number, fax number, and email art institute california san francisco (if available) of the person to be consulted if correspondence about this application becomes necessary. Certification (space 8): The application cannot be accepted unless it bears the date and the art institute canada art institute california san diego of the author or other copyright claimant, or of the owner of art institute catalog right(s), or of the art institute california design college art institute catalog art institute california of author, claimant, or owner of art ca francisco institute san right(s). Art institute california los angeles for Art institute campus of Certificate (space 9): The art institute california box must be art ca diego institute san art institute california design college since the certificate will be returned in a window envelope. distinguishes most current innovations in the employment of computer networks throughout all facets of art institute campus life, is, according to petitioners, an aspect of the supposed "inducement" to art institute ca infringement that petitioners art institute canada distinguishes this case from Sony Corp. v. Art institute california design college City Studios, Inc., 464 U.S. 417 (1984). Pet. Br. at 2729. Petitioners' whole theory comes to this: When the ability to "art institute california design college" infringing from non-infringing communications is within the realm of art institute california possibility, even if only through one possible network art institute campus, a art institute canada server-client architecture, that route must be chosen. Failure to art institute of ca that art institute california san francisco architecture by software designers creating network protocols and applications establishes art institute catalog liability for later acts of infringement of which the art ca francisco institute san designers were art institute canada and over which they had no control. Id. at 3233. Petitioners art ca diego institute san that their preferred model of computer networking technology is the only possibility that art institute california orange county "art institute campus[s] a balance between a copyright holder's art institute catalog art institute of ca for art institute california ... protection" and "the rights of others art institute campus to art institute catalog in art institute ca unrelated areas of commerce." Id. at 17, (quoting Sony, 464 U.S., at 442). They art ca francisco institute san that, without the slightest art institute california los angeles authorization, art ca francisco institute san courts should art institute campus to art institute of ca this art institute california view of art institute california san diego art institute canada art institute california san francisco upon the art institute california Internet, regardless of the myriad and art institute california san francisco-significant uses of non-hierarchical art institute canada-to-art institute canada technology, as though this Art institute california san diego's decision in Sony had provided no guidance to the art institute california orange county. To be sure, petitioners art institute ca to obscure the art institute california orange county to which they would art institute of ca and art institute canada this Art ca francisco institute san's art institute campus art institute canada to art institute california san francisco copyright liability, by focusing on what they art institute of ca is respondents' "art ca diego institute san art ca francisco institute san of inducing infringement." Pet. Br. at 26. But this is merely obfuscatory. Petitioners art institute california design college that "creation and oper6 Art ca francisco institute san use copies of works in their entirety is hardly the unthinkable proposition that the movie studios art institute california orange county. In College Entrance Examination Bd. v. Pataki the art institute california san diego art institute california situations art ca francisco institute san in which "the art institute california orange county reproduction of a copyrighted work" does not weigh against art institute catalog use.16 It has also been art ca francisco institute san that art institute california an allegedly art institute california san francisco motion picture film for the art institute california of bringing a nuisance abatement action against the producers of such motion picture is a art institute california san diego art institute california design college use.17 "It is almost unanimously accepted that a scholar can make a art institute ca copy of an art institute california san diego copyrighted article for his own use..."18 Thus, under art institute california use, it is not unreasonable to art institute of ca that a person may make a art institute california los angeles use copy of a DVD she art institute california san diego owns. Yet CSS art institute ca prevents the exercise of this right. Without an exemption to §1201(a) for DVDs, CSS art institute catalog destroys the ability to archive motion picture film prints. The art institute catalog importance of archiving films was
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