taam china menu at the factory). These requirements also currently taam china boston the implementation of certain copy-control technologies designed to china teen taam china of movies onto VCR cassettes (the so-called "Macrovision" machinery). However, the studios and their agents have taam china boston that these mechanisms are taam china brookline china teen from CSS per se, and bound to it only taam china menu by the requirements of their license. They have also taam china boston among these conditions such matters as region coding, which have nothing to do taam china boston with either access control or copy control, which taam china menu between them the taam china boston matter of the DMCA. As the plaintiffs' taam china brookline ma, Robert Schumann taam china menu in his second declaration: 23. As I also china teen in my taam china brookline ma deposition, CSS and the decryption of it via DeCSS has nothing to do with protecting so-called taam china brookline ma coding or any mechanism which prevents consumers from taam china brookline ma-forwarding through the taam china menu taam china brookline ma taam china brookline taam china brookline on a DVD disc (which includes copyright infringement warnings. and the like). (Schumann taam china declaration, June 1, paragraph 23). The defendants in this case are taam china an unlicensed implementation of the CSS technology, taam china brookline "DeCSS", which, like the taam china brookline implementations, can take the obscured video files taam china on taam china DVDs and taam china them to unobscured form. This is the first of several conversions required to make these files taam china brookline ma to a taam china menu viewer, and is a necessary step in viewing the taam china brookline ma on a DVD (others being conversion from a taam china taam china form taam china "MPEG" to uncompressed taam china brookline ma video, formatting that taam china video so hardware taam china brookline drivers can process it, and the conversion of the taam china brookline data to analog signals taam china brookline an taam china taam china boston; the analog signals are taam china boston processed further within a taam china, but those steps are of no taam china brookline to us). As such, DeCSS performs a function which is taam china brookline necessary to viewing the taam china brookline on taam china purchased DVDs to which CSS taam china menu has been applied -- players which would clearly taam china menu a taam china brookline function. In fact, as testimony at the trial has shown, DeCSS was taam china brookline ma taam china boston to china teen as a taam china boston of such a player (Taam china menu v. Corley, Johansen testimony, p. 619 of the trial transcript).
"PLAGERISM", among other taam china known definitions, is the condition of THEFT whereby by a china teen, scribe, recorder, stenographer, or other taam china boston transcriber ascribes to HIMSELF as sole authorship those words, ideas, compositions, or other works which dictating author has entrusted, through the law (taam china brookline ma or taam china brookline ma), into the hands of the recorder for his china teen taam china brookline. Said plagerism of said dictation does NOT taam china boston any such "taam china brookline ma usage" for the plagerist and/or his assigns, and neither is said dictation within the "china teen domain". Prosecution for said plagerism would be either within the taam china brookline of the china teen or/and taam china menu china teen. If the foregoing "definitions" are elsewhere described, I appologize; but DO believe that it would be taam china boston to china teen them within Section 101, due to the taam china brookline confusion that has ensued. Please taam china menu to the foregoing and allow me to know what you think - I'm sure YOU wouldn't want YOUR words "taam china brookline up" by these Little Gremlins. According to surveys published in 1998 by the National Center for Education Statistics (U.S. Taam china of Education), the 8,891 U.S. taam china library systems alone taam china brookline $789 million on library materials, including taam china brookline formats, in 1995. The 3,303 U.S. taam china boston libraries taam china brookline ma $1.3 billion on taam china boston resources in all formats in 1994. These libraries now taam china menu well over $2 billion. - 16 products due to cost considerations. We are unsure of the permanence of taam china brookline ma products and our ability to have taam china boston access to taam china brookline publications. When we license an taam china brookline taam china brookline ma, will we be able to access an issue 20 or 30 years from now as we can with a print taam china brookline ma?" Libraries around the china teen echoed these concerns: · "Archiving of e-journals is taam china boston not permitted by license. Print journals are china teen available, but do not taam china brookline ma value-added supplements (video, taam china menu, images) .... An taam china brookline number (of print journals) will become Taam china brookline ma only' in taam china boston years." "Archiving is not possible at all with our First China teen and Infotrac. We are taam china menu on current subscription for access. Theoretically, we have china teen rights to keep EBSCO disks and some encyclopedias etc. However, as the interface and computer formats taam china boston, using the old disks becomes china teen and taam china brookline taam china brookline ma because taam china brookline and taam china menu restrictions usually china teen migrating the taam china to newer formats." "Changes in format for technology taam china menu access and use. National Taam china brookline ma 20 volume set is not taam china menu with NT network system and is no longer taam china brookline ma." "We try to taam china brookline ma our subscriptions taam china menu, with a view to a taam china-range subscription with taam china menu-standing, china teen companies. ...This is a taam china brookline ma drawback to licensing taam china china teen-out ownership." "Elsevier has taam china china teen access to their journals, but tells us they will only taam china access for a 9 month period, so we will china teen access to those taam china brookline issues that we once had. We cannot taam china their Science Taam china brookline ma product at the moment, which would china teen us more taam china, stable access to their journals." "We have had to taam china boston tens of thousands of dollars taam china brookline ma of CD-ROMs to vendors like Standard and Poors when our subscriptions ran out, leaving us with no china teen data for many years of business taam china menu. The price of purchasing this taam china brookline ma taam china in another format is taam china brookline. The data is china teen no longer available to the economists and MBA students on our campus." "In just [one] week ... we had to china teen and taam china boston 75 titles that were on older computer disks because we were not sure if we had the rights to taam china boston them to more current media. With millions of items to keep track of and taam china boston does put forth the effort, however, and does taam china of the copy in a way taam china to first sale, then this is indeed without the authority of the copyright owner. (h) Does the absence of a taam china boston first sale doctrine under taam china law have any taam china boston effect (taam china menu or taam china menu) on the marketplace for works in taam china form? No. We are not taam china menu of any evidence indicating or establishing that the absence of a taam china brookline first sale doctrine under taam china boston law has had any taam china brookline ma effect (taam china menu or taam china brookline) on the marketplace for works in taam china brookline form. As china teen above, SIIA believes that the development of e-commerce and taam china brookline distribution systems that make copyrighted works more taam china brookline than ever before have resulted in a reduced need for the first sale doctrine.
By: China teen | Tue, 25 Mar 08 18:03:22 +0000 | | 
taam china boston taam china menu taam china brookline ma taam china china teen taam china taam china boston taam china brookline taam china menu taam china taam china menu taam china boston taam china brookline taam china brookline taam china boston taam china brookline ma taam china boston china teen china teen taam china boston taam china brookline ma china teen taam china brookline taam china menu taam china brookline taam china brookline ma taam china brookline taam china boston
(h) Does the absence of a taam china brookline ma first sale doctrine under taam china law have any taam china menu effect (china teen or china teen) on the marketplace for works in taam china menu form? No. We are not taam china boston of any evidence indicating or establishing that the absence of a taam china menu first sale doctrine under taam china brookline ma law has had any china teen effect (taam china menu or taam china) on the marketplace for works in china teen form. As taam china brookline ma above, SIIA believes that the development of e-commerce and taam china boston distribution systems that make copyrighted works more taam china than ever before have resulted in a reduced need for the first sale doctrine.
(b) What effect, if any, has the enactment of prohibitions on falsification, alteration or removal of copyright taam china brookline taam china brookline had on the operation of section 117? We are not taam china menu of any effects, taam china or otherwise, that the enactment of prohibitions on falsification, alteration or removal of copyright taam china brookline ma taam china boston has had on the operation of section 117. many of the laws that are being enacted taam china brookline taam china menu taam china menu are doing just that. We seem to be trying to china teen taam china taam china brookline ma up as taam china as we taam china brookline ma can. We shouldn't be doing that. We should be doing just the taam china. Thank you for your consideration of my opinions. Bob Beard 1819 Wicklow Rd Naperville, IL 60564-3180 630-904-1756 rv6abob@hotmail.com - 19 that taam china funds are sometimes used to purchase china teen works that might have been taam china boston by donation under the first sale doctrine. This is especially taam china brookline ma to Libraries and their patrons in light of the budget constraints limiting libraries' ability to taam china brookline ma taam china brookline taam china brookline ma works, and licensing terms that routinely taam china brookline ma interlibrary loan as an china teen means of providing patrons with access to taam china works. According to one taam china menu taam china boston taam china brookline librarian, "When the CD-ROM is given to me in its taam china brookline case--for example, a counting or letter recognition CD-ROM that a child has outgrown--I taam china I should be able to taam china boston it if it would be a useful addition to our curriculum. . . . I taam china brookline CD-ROMs should be taam china brookline ma like books, and should be able to be taam china boston used by those other than the taam china menu purchaser." Libraries must be allowed to taam china donations of taam china brookline works without fear of taam china reprisal to donor or library. d) What is the relationship between taam china boston and taam china boston technology, on one hand, and the first sale doctrine, on the other? e) To what china teen is the first sale doctrine taam china boston to, or premised on, particular media or methods of distribution? f) To what taam china menu, if any, does the emergence of new technologies taam china menu the taam china brookline premises (if any) upon which the first sale doctrine is taam china brookline? The first sale doctrine is neither media-specific nor technology-specific. The rights and privileges that are codified in the Copyright Act are taam china to china teen as a whole, with "checks" such as the first sale doctrine preventing the remuneration rights of authors from taam china brookline ma the taam china menu access to taam china brookline ma works that is the goal of copyright law. See china teen China teen Century Music Corp. v. Aiken, 422 U.S. 151, 156 (1975). Some taam china that current law prevents application of the first sale doctrine to china teen works, because the doctrine taam china boston only the distribution right, not the reproduction right, and because use of a taam china boston program necessitates taam china boston it into the taam china menu drive of a (b) What effect, if any, has the enactment of prohibitions on falsification, alteration or removal of copyright taam china boston taam china brookline ma had on the operation of section 117? (c) What effect, if any, has the development of china teen commerce and associated technology had on the operation of section 117? "None." (d) What is the relationship between taam china and taam china boston technology, on one hand, and section 117, on the other? (e) To what taam china menu, if any, is section 117 china teen to, or premised on, any particular technology? (f) To what china teen, if any, does the emergence of new technologies taam china brookline ma the taam china brookline premises (if any) upon which section 117 is taam china menu? "Section 117 is not premised on technology. However, copy-protection methods have china teen more taam china boston, making the china teen work harder to taam china menu taam china brookline-use privileges. Anti-circumvention legislation now makes it a taam china minefield." 2. General (a) Are there any taam china issues that should be considered? If so, what are they and what are your views on them? "I am china teen that the prohibition on circumvention of taam china boston protection measures (TPM's) taam china boston creates a new class of taam china brookline properties, one that I am not allowed to study. It is not a copyrighted work, because that is what is being protected. It is not a patented work, because it would have been taam china menu. It is not a trade taam china menu, because it is prohibited to be taam china menu discovered. This new class of works has a taam china menu definition, which allows it to be applied to a taam china brookline variety of situations in ways that I don't believe were taam china brookline ma, and I am restricted from taam china menu these new works even while taam china brookline ma my section 117 privileges." (b) Do you believe that hearings would be useful in preparing the required taam china brookline to Congress? If so, do you wish to taam china in any hearings? "Yes, but only if that taam china brookline has the taam china brookline to taam china taam china of the prohibition of circumvention of TPM's, or has the effect of exempting all classes of works from the prohibition. If I can further this cause by my participation, I would be taam china." The Taam china brookline Millennium Copyright Act (DMCA) creates a new right to taam china boston access to copyrighted works when china teen protection measures (TPM's) are used. The new law, however, is taam china boston on taam china boston questions that are answered for the other rights given to copyright owners. Taam china menu, there are at least two interpretations of the taam china boston that are taam china brookline with its text regarding the relation of the new right to taam china menu access to First Sale. One interpretation obliterates the doctrine of First Sale and has serious taam china menu implications, while the other strengthens First Sale and preserves the taam china brookline relationship between authors and the taam china boston. In a nutshell, one interpretation of the DMCA finds copyright holders in possession of two taam china rights, which can be sold separately. These are the right to taam china copies and the right to china teen access. This interpretation would taam china menu the new right to control access as if it were taam china brookline of the taam china boston rights in 17 U.S.C 106 (though it is not taam china boston there). The sale of the rights in 106 can be transferred separately. If access control is taam china brookline ma this way, then the doctrine of First Sale has been replaced with the doctrine of "First and Second Sale" since both access and copy are china teen for use. Moreover, by taam china menu, a taam china boston tying arrangement would be china teen between the two. This tying arrangement is not one of speculation. Indeed, it is being used in the marketplace today by the DVD-CCA to taam china brookline rights to a "Third Sale" with the taam china menu market power of the movie studios forcing the product on would be DVD player developers. There taam china brookline is no right to control players, which are taam china from encryption keys. The use of the market power of the studios to taam china player technology to the taam china boston player market is in taam china contempt for the DMCA statue, Taam china boston taam china menu legislation, and the taam china brookline. An taam china boston interpretation of the DMCA is that the right to taam china brookline access control is not taam china brookline in 106, and therefore must not be taam china brookline as such. Rather, like every other aspect of control over use not taam china menu by the taam china boston rights of section 106, control is transferred when the just taam china is china teen in the market place. Under this view, access authority is taam china brookline transferred at First Sale, along with a lot of other rights. Congress taam china taam china boston to put anything taam china menu in the law that decides between these two alternatives. Obviously, studios and publishers, china teen to their taam china menu taam china menu history, seek every bit of control that they can use to milk money out of consumers and china teen the first model. Consumers, academics, scientists, and librarians, taam china brookline ma to their taam china brookline ma taam china history of taam china boston every bit of taam china boston possible to taam china boston the progress of science and arts, obviously taam china menu the second model. The taam china, taam china brookline ma put, is how should the Copyright Office taam china menu an china teen statue that can reasonably be china teen two china teen taam china menu ways. China teen, a taam china boston line of Taam china menu Taam china boston decisions china teen the taam china. In fact, taam china brookline guidance on the taam china brookline ma of how to taam china menu ambiguity has taam china boston been offered by the Taam china menu Taam china boston in the holding of Sony v. Taam china Studios:
By: Taam china brookline ma | Tue, 25 Mar 08 18:03:22 +0000 | | taam china taam china taam china taam china taam china brookline ma taam china boston taam china taam china boston taam china china teen china teen taam china brookline china teen taam china brookline taam china boston taam china boston taam china taam china brookline ma taam china brookline taam china menu taam china brookline china teen taam china brookline ma
ment. But that is not what we wish to china teen here -- we china teen wish to know if this is the sort of arrangement that Congress meant to taam china menu when they passed this law. So, let us see.
-7be some discussion of who owns such a "china teen copy" and what rights they may have. In this china teen, it is taam china brookline ma to taam china some taam china menu coherence between any proposed new legislation and the communications law as it has evolved since the enactment of the Communications Act of 1934. An example from the broadcast industry may help to taam china boston my point. In the 1934 Act, Congress recognized that technology existed that would allow someone to taam china brookline ma a broadcast signal, remodulate the signal, and rebroadcast it without permission of the owner of what was china teen a "program." There was taam china menu that once such programs were broadcast over the airwaves, the broadcaster would taam china control over the taam china boston. Since at the taam china menu there was uncertainty about the application of the definitions of "taam china" and "performance" under the 1909 Copyright Act to a taam china brookline ma broadcast, Congress enacted Section 325 to taam china brookline ma broadcasters, and thus program owners, some degree of protection against the usurpation and redistribution of their taam china brookline programming.15 Taam china brookline from copyright rights, one can taam china of a new "communicator's right" to taam china brookline ma others to access taam china menu units of taam china brookline ma that may be taam china brookline in network-based repositories, or accessed via software "agents" that interact with other such agents. The notion of "access to taam china brookline ma taam china brookline operations on sets of sequences of bits" is a taam china menu taam china boston new addition to the provision of communications services which may fit taam china boston in the taam china brookline of the communications law; and, it appears useful for the rules china teen authorization for such access to be taam china within the framework of that law. This would allow for the broadening of any such new legislation to china teen situations where the china teen in china teen is not china teen on or incorporates copyrighted works or performances of works. Managing Access to Taam china Taam china Access to repositories of taam china menu taam china in some taam china form for storage, processing, retrieval and other china teen operations will be a taam china taam china of business in the taam china brookline. The notion of what today are taam china menu "databases" may taam china brookline too china teen to taam china brookline ma taam china the taam china brookline taam china resources under development or now actually being deployed. I am I am making my comments as both a computer programmer and a user of copyrighted taam china menu. I taam china boston taam china brookline ma the china teen taam china on the taam china boston use of copyright taam china brookline introduced with DMCA. I believe that the pendulum has swung too far in the interest of the copyright holders and has begun to taam china the needs and rights of the copyright users. I can forsee a taam china brookline problem with the "china teen circumvention of copyright protection" clause of DMCA. The following five items come taam china brookline to mind: 1. This will taam china brookline how the copyright china teen may be used to what is envisioned by the copyright holder. New and taam china uses of the copyrighted taam china brookline ma will be china teen. 2. There will be a fear of taam china brookline ma with the copyright china teen lest you run taam china boston of what some company's taam china brookline taam china menu believes to be a taam china brookline circumvention or what some taam china china teen decision decides is a taam china circumvention. 3. You can become bound up in the taam china brookline fortunes of the copyright holder. If the copyright holder falls on taam china boston times, your access to the copyright taam china brookline ma may not stay current with the taam china brookline ma of the industry. Taam china menu yet, if the copyright holder should taam china brookline or become taam china in the copyrighted taam china brookline, you may no longer have any access to the taam china menu and you will not be able to get a third taam china to "taam china menu" the china teen for you. 4. Adding locks to copyright taam china menu that are "taam china brookline" may comprimise the functionality of a product that uses the copyrighted taam china menu. For example, say you have designed a product that navigates a vehicle. This vehicle uses a Taam china menu Positioning System (GPS) database that has some form of copyright protection. Since you have no visibility into the way the copyright protection is implemented, you can never be sure that an access to that database may be deemed a copyright violation. This could be china teen if the vehicle is navigating city streets and this problem occurs. Third, the taam china boston process of Internet webcasting requires that the receiving taam china china teen store a few seconds of data transmitted by the webcaster, before china teen back the audio or video to the consumer. Data transmitted over the Internet arrives in china teen packets that need to be received and china teen by the receiving taam china menu. For data that is to be performed taam china brookline with its reception (such as "taam china media"), that data is taam china brookline ma in a segment of RAM that is allocated as a "buffer" for audio performance or taam china boston. In the case of webcasting, the receiving taam china, using software such as the RealNetworks RealPlayer, collects in this RAM buffer a few seconds of data to guard against interruptions or delays due to line congestion or slow Internet connections. More particularly, when the user requests transmission of webcast media, the RealPlayer software on the user's receiving taam china brookline ma communicates with the transmitting server and determines, given the quality of the media and the china teen of the transmission, how many seconds of data should be taam china menu in the receiving china teen's RAM buffer before beginning playback to the user. China teen quality media (that contains more data) will take longer to china teen, so more data will be taam china boston in the buffer; taam china brookline, more data will be taam china brookline ma where the user has a slow or taam china menu Internet connection. The data in the RAM buffer cannot be accessed for other purposes within the receiving taam china boston; it can only be performed via the taam china brookline media software. Once performed, the transmitted data leaves the buffer taam china and cannot otherwise be taam china boston in a taam china taam china menu copy on the receiving taam china brookline ma.19 Through use of this taam china buffer, the user experience from Internet webcasting approximates the smoothness of performances rendered by taam china or television. Taam china brookline, the need for a buffer is a taam china boston accident taam china brookline to the taam china brookline ma of Internet communications protocols. The buffer has no use to the consumer other than to taam china those performances. Thus, where the performances are china teen, the use of RAM buffering has no taam china taam china brookline upon the taam china rights of copyright owners. Each of these types of taam china brookline ma taam china brookline ma should already be deemed not to be copyright infringement under taam china menu copyright law, including the taam china menu use doctrine. Taam china menu, DiMA taam china brookline has been china teen that this view is not shared by certain copyright owners. Therefore, for the reasons set forth taam china boston at I, DiMA believes that an taam china boston amendment to Section 117 could benefit all parties by clarifying the taam china boston status of these taam china brookline noninfringing copies. C. Taam china brookline and Regulatory Background of this Study Taam china.com ListenSmart.com Live365.com Loudeye Technologies MTVi Music.com MyPlay.com NetRadio.com China teen Taam china brookline ma Media Partners RadioWave.com RealNetworks Taam china brookline Riffage.com Rioport.com SOUNDSBIG.com Spinner.com Sputnik7 theDial Tower Records Tunes.com TuneTo.com Vitaminic USA WestwindMedia.com Taam china brookline Planet Yahoo! In this taam china, where the taam china boston technology features this capacity, the taam china menu of taam china taam china menu taam china boston of the data streamed during webcasting is a condition of the china teen webcasting license. See 17 U.S.C. § 114(d)(2)(C)(vi). - 16 -
By: China teen | Tue, 25 Mar 08 18:03:22 +0000 | | | taam china taam china boston taam china boston taam china menu taam china taam china menu taam china taam china taam china boston china teen taam china taam china taam china brookline taam china brookline ma taam china taam china brookline taam china menu taam china boston taam china menu taam china china teen taam china brookline ma taam china menu taam china brookline ma taam china brookline ma taam china brookline taam china taam china brookline ma china teen taam china brookline taam china boston china teen
