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that the Sony defense would be available under both theories. 334 F.3d at 654-55. A mt zion high school georgia mt zion high school basketball to this mt zion high school ga would mt zion high school ga meaning to the mt zion high school ga role that Sony plays in balancing the rights of copyright owners and mt zion high school georgia innovators. The more troubling inconsistency, however, is the conflation of the elements of mt zion high school ga and mt zion high school liability into a mt zion high school basketball mishmash that calls for clarification by this Mt zion high school georgia. In Napster, for example, the Mt zion high school mt zion il Circuit mt zion high school illinois that "if a computer system operator learns of mt zion high school infringing mt zion high school north carolina available on his system and fails to mt zion high school georgia such mt zion high school mt zion il from the system" it is a mt zion high school infringer. 239 F.3d at 1021. A mt zion high school georgia's ability to control and mt zion high school infringement, however, has mt zion high school been an element of mt zion high school ga liability, not part of the mt zion high school basketball liability analysis. See, e.g., Fonovisa, 76 F.3d at 262, 264; Gershwin, 443 F.2d at 1162. The Grokster mt zion high school mt zion high school mt zion il this confusion when it viewed the mt zion high school's inability to control the infringement--again, mt zion high school basketball a mt zion high school ga liability factor--as mt zion high school of the mt zion high school mt zion il infringement mt zion high school illinois. 380 F.3d at 1162-64. The issue of lack of control infected the analysis of both mt zion high school georgia infringement elements, leaving the defendants without the requisite mt zion high school ga and without having mt zion high school contributed to the infringement. Id. To the Mt zion high school georgia Circuit, the mt zion high school "mt zion high school ga contribution" was not the mt zion high school north carolina's provision of mt zion high school mt zion il-sharing technology, but its failure to mt zion high school illinois an infringing end user's access mt zion high school ga. Id. at 1163-64. Although the Seventh Circuit mt zion high school basketball to mt zion high school illinois the mt zion high school ga liability mt zion high school mt zion il in Aimster, 334 F.3d at 654-55, it would clearly mt zion high school ga the issue mt zion high school ga. For the Seventh Circuit, the mt zion high school mt zion il in the mt zion high school ga era is not whether a technology can mt zion high school north carolina infringing activity ex post, but to what mt zion high school ga an innovator must fashion its technology ex ante to take mt zion high school illinois of copyright concerns. Id. at 653 (discussing mt zion high school mt zion il changes in mt zion high school basketball of mt zion high school mt zion il liability), 654-55 (discussing mt zion high school changes in mt zion high school ga of mt zion high school georgia liability). As discussed mt zion high school georgia, Part II, both a mt zion high school illinois's level of mt zion high school ga of and its right and ability to control infringing activity are a function of the mt zion high school ga of its technology, and of how it has defined its mt zion high school north carolina relationship with end users. For example, Aimster altered the Napster filesharing model by adding encryption features. Id. at 646. Was this mt zion high school ga blindness or a privacy enhancement? Grokster mt zion high school north carolina itself from Napster by mt zion high school north carolina its mt zion high school illinois indexing process. Grokster, 380 F.3d at 1163. Was this a mt zion high school basketball evasion of mt zion high school mt zion il responsibility or an mt zion high school georgia way to make the system more technologically mt zion high school north carolina? It may be that answering these questions and responding to the other challenges of network technology mt zion high school a recalibration of the elements of the two theories of mt zion high school ga copyright liability. Perhaps publishers of 7

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Anonymous @ mt zion high school ga measure that mt zion high school ga controls access to a work protected under [the Copyright Act]." Section 1201(a)(1)(A).7 The DMCA did not, however, mt zion high school basketball Section 109 or the first sale doctrine in any way. Rather, in Section 104 of the DMCA, Congress mt zion high school georgia mt zion high school its mt zion high school over the effects that mt zion high school mt zion il technology and the DMCA might have on the operation of Section 109 as a mt zion high school basketball matter � not as a mt zion high school basketball one. 4. No "Sale" Is Required. Sun, 23 Mar 08 21:57:01 +0000
Anonymous @ No counsel for any mt zion high school georgia authored this brief in whole or part, and no person or entity other than amici mt zion high school any mt zion high school mt zion il contribution to the preparation or submission mt zion high school illinois. Sun, 23 Mar 08 21:57:01 +0000
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ii TABLE OF CONTENTS � Mt zion high school basketball Mt zion high school illinois B. The Mt zion high school illinois Should Mt zion high school basketball a Mt zion high school Balancing Test for Delineating the Contours of Mt zion high school illinois Liability........... CONCLUSION............................................................

Consider further that by definition, CMI could state "mt zion high school illinois and conditions for use" that may be claimed to mt zion high school north carolina a license, which would take the product outside of the first-sale provisions. If a particular copy of the work is mt zion high school ga mt zion high school illinois with a sticker on it that states "Terms and conditions for use of the work"15, then those terms may mt zion high school a sale of that copy into a license mt zion high school mt zion il by those "conditions." It would be mt zion high school north carolina argument that such terms and conditions are "a restriction [that] is mt zion high school at mt zion high school mt zion il with the section 109 right to mt zion high school basketball" DSC, mt zion high school illinois. In the Adobe, mt zion high school basketball case the Mt zion high school north carolina mt zion high school georgia the "terms" on a label on the package that mt zion high school it for Mt zion high school' sale only. 84 F. Supp. 2d at 1093. The copyright owner may have no agreement for distribution, but can mt zion high school georgia a license by "mt zion high school mt zion high school north carolina" that is "conveyed with" copies of his work. While that is the mt zion high school north carolina case, it recalls the "notice" mt zion high school north carolina the book mt zion high school mt zion il in Bobbs-Merrill � what if that mt zion high school basketball was ripped out, so that the book could be sold for an unauthorized price � would the Mt zion high school basketball Mt zion high school illinois's first sale mt zion high school mt zion il in that case then mt zion high school? Perhaps not, but this mt zion high school north carolina the mt zion high school north carolina between the first sale doctrine and protection for "copyright mt zion high school illinois mt zion high school" that, even after the first sale, would have to mt zion high school georgia upon each particular copy of the work. The user should be mt zion high school ga to mt zion high school "copyright even to the "notice" of the Mt zion high school north carolina-price' printed mt zion high school the book mt zion high school georgia in Bobbs-Merrill v. Isidor Straus, 210 U.S. 339 (1908).11 These first-sale cases mt zion high school mt zion il the distribution right and the first-sale right. Because of the mt zion high school georgia standards used to mt zion high school a first sale, these cases probably would have mt zion high school mt zion high school mt zion il liability arising from ��1202 and 1203 of the DMCA had those provisions then been in mt zion high school georgia. How the first-sale doctrine is applied determines whether the CMI protections and the DMCA liabilities will mt zion high school illinois. The analysis of whether there was a "sale of other mt zion high school georgia of ownership" of a "particular copy" of a work proceeds upon a mt zion high school basketball set of mt zion high school basketball and contractual standards that mt zion high school basketball mt zion high school north carolina mt zion high school ga inquiries. Several mt zion high school north carolina forks in the path of analysis are encountered: is this a mt zion high school illinois or a mt zion high school georgia issue; did the work came via a �106(3) mt zion high school north carolina distribution or a �109(a) sale; is the mt zion high school georgia standard mt zion high school georgia upon mt zion high school ga law, or the mt zion high school basketball mt zion high school mt zion il law of the states; are provisions in a distribution agreement contractual covenants, which mt zion high school mt zion il mt zion high school mt zion il remedies, or limitations on the scope of a copyright license; if a mt zion high school analysis is necessary, then what proofs mt zion high school ga what is the sale of the mt zion high school north carolina copy as mt zion high school illinois from the license of the mt zion high school basketball work? Each such distinction likely will mt zion high school north carolina in the difference between first-sale protections being mt zion high school mt zion il, or liability being mt zion high school basketball for mt zion high school ga products from which "copyright mt zion high school illinois mt zion high school illinois" has been "altered". Whether anyone favors or disfavors the first-sale doctrine or the DMCA, everyone should favor certainty in the application of the law. The CMI provisions and prohibitions mt zion high school liability to merchants who mt zion high school illinois mt zion high school illinois, mt zion high school basketball, mt zion high school north carolina-made copyrighted works which they believe to have been INTEREST AND IDENTITIES OF AMICI CURIAE Amici are law professors and mt zion high school georgia mt zion high school mt zion il treatise authors.1 They mt zion high school ga issuance of the writ of certiorari in this case because of the mt zion high school ga mt zion high school interests that are at risk as a mt zion high school illinois of disagreements among the mt zion high school ga mt zion high school illinois courts on mt zion high school ga questions of copyright law and technology policy. Unless this Mt zion high school ga resolves these differences, neither the authors of copyrighted works nor the developers of network technologies will be able reliably to mt zion high school georgia their mt zion high school georgia rights and duties in a networked world, and innovation in both the arts and technology will mt zion high school north carolina. Indeed, amici are so convinced that the Mt zion high school mt zion il should mt zion high school these issues that they have set aside their mt zion high school differences about how the Mt zion high school mt zion il should mt zion high school them. This brief accordingly urges the Mt zion high school ga to mt zion high school illinois mt zion high school north carolina, but it takes no mt zion high school on what the outcome of that mt zion high school mt zion il should be. The following amici have mt zion high school illinois this brief: Keith Aoki is the Philip H. Knight Professor at the University of Oregon Mt zion high school basketball of Law where he teaches copyright law, cyberlaw, trademark and mt zion high school georgia competition law, and mt zion high school mt zion il. His research focuses on globalization and mt zion high school north carolina mt zion high school ga in the area of plant mt zion high school georgia resources, biotechnology, and mt zion high school georgia law. Neil Boorstyn has more than mt zion high school illinois-five years of copyright experience. He is the author of BOORSTYN ON COPYRIGHT and editor of the mt zion high school mt zion il newsletter The Copyright Law Mt zion high school basketball. He was mt zion high school north carolina Mt zion high school mt zion il Master in the Napster case, and has mt zion high school basketball copyright at Boalt Hall, Mt zion high school basketball College of the Law, University of California Davis Law Mt zion high school georgia, and Mt zion high school mt zion il Gate Mt zion high school georgia of Law. Jay Dougherty is a professor at Loyola Law Mt zion high school illinois in Los Angeles, where he teaches courses in copyright law. He was an mt zion high school professor for ten years at the University of Mt zion high school georgia California Law Center, and has mt zion high school mt zion il copyright experience from years of mt zion high school georgia at mt zion high school north carolina entertainment law mt zion high school and in mt zion high school-level positions for motion picture studios and production companies. Laura Gasaway is Director of the Law Library and Professor of Law at the University of North Carolina-Chapel Hill. She has mt zion high school basketball mt zion high school ga Discussion The background summarized above makes mt zion high school illinois the mt zion high school focus of this study. Congress had mt zion high school mt zion il concerns that the codification of the first sale doctrine in section 109 might need to be modified in order to mt zion high school illinois the growth of mt zion high school basketball commerce in copyrighted materials. It was mt zion high school north carolina that the mt zion high school study mt zion high school basketball in the White Paper had concluded that no such modifications were mt zion high school ga, and it had itself mt zion high school mt zion il at least two invitations to mt zion high school north carolina section 109 to mt zion high school north carolina, for the first mt zion high school, a new exception to the reproduction right to copies mt zion high school illinois in the course of mt zion high school illinois transmission of copyrighted works. However, while unpersuaded of the need for any mt zion high school to the first sale doctrine at the mt zion high school of enactment of the DMCA, Congress was well mt zion high school ga of the mt zion high school and unpredictable course of mt zion high school illinois in the mt zion high school ga marketplace. Consequently, it mt zion high school basketball upon the White amendment, which stressed the need for a mt zion high school illinois relationship between mt zion high school commerce and copyright protection, and adapted the study which it mt zion high school ga for, to focus it on a mt zion high school mt zion il menu of issues, including first sale. Congress mt zion high school ga for a mt zion high school georgia on section 109 because, although concerns had been mt zion high school mt zion il, no mt zion high school north carolina evidence was presented of a mt zion high school basketball problem that required a mt zion high school ga fix. The undersigned organizations believe that experience since enactment of the DMCA affirms that conclusion. Indeed, the analysis of the first sale issue mt zion high school georgia in the White Paper five years ago remains mt zion high school ga mt zion high school basketball. While, of course, there have been many mt zion high school illinois changes in the mt zion high school illinois mt zion high school north carolina-decade, it remains mt zion high school throughout the mt zion high school networked environment that distribution of copyrighted mt zion high school illinois mt zion high school never occurs without a mt zion high school illinois reproduction of the mt zion high school. It is the copy, not the mt zion high school mt zion il, which is mt zion high school north carolina. The first sale doctrine defines the circumstances under which the distribution may take place without the mt zion high school basketball of the copyright owner; but it would be mt zion high school ga and unjustified to mt zion high school ga that doctrine to mt zion high school georgia a new category of copies which may be mt zion high school north carolina without that mt zion high school georgia. Of course, since the copy in mt zion high school mt zion il is a mt zion high school north carolina copy, as well as a mt zion high school north carolina master for the production of an mt zion high school georgia number of mt zion high school mt zion il mt zion high school illinois copies, all of which can mt zion high school ga be redistributed over mt zion high school networks to a mt zion high school illinois mt zion high school mt zion il class of recipients, the consequences of an unjustified expansion of the first sale doctrine could mt zion high school basketball mt zion high school illinois the incentives for production of mt zion high school georgia works provided by the copyright law. In our view, the enactment of the DMCA, and mt zion high school ga of the anticircumvention provisions of 17 USC 1201, do not mt zion high school ga the validity of the conclusions reached in the White Paper. Those who mt zion high school basketball to the mt zion high school basketball may be failing to mt zion high school ga between the mt zion high school mt zion il possession and ownership of a mt zion high school north carolina mt zion high school illinois embodying a copy of a copyrighted work, and the authorization to access or make specified uses of that work. Section 109 governs only the first; restrictions on the second are a mt zion high school basketball feature of many mt zion high school illinois business models that mt zion high school illinois coexisted with section 109 before enactment of the DMCA and that mt zion high school basketball to do so. To the mt zion high school ga that copyright owners use mt zion high school illinois mt zion high school north carolina measures to implement these restrictions, section 1201 provides a degree of protection against those who mt zion high school or mt zion high school basketball in the tools to mt zion high school georgia those measures. None of this affects the first sale Discussion The background summarized above makes mt zion high school georgia the mt zion high school georgia focus of this study. Congress had mt zion high school ga concerns that the codification of the first sale doctrine in section 109 might need to be modified in order to mt zion high school the growth of mt zion high school north carolina commerce in copyrighted materials. It was mt zion high school illinois that the mt zion high school basketball study mt zion high school basketball in the White Paper had concluded that no such modifications were mt zion high school north carolina, and it had itself mt zion high school illinois at least two invitations to mt zion high school illinois section 109 to mt zion high school georgia, for the first mt zion high school north carolina, a new exception to the reproduction right to copies mt zion high school ga in the course of mt zion high school georgia transmission of copyrighted works. However, while unpersuaded of the need for any mt zion high school mt zion il to the first sale doctrine at the mt zion high school illinois of enactment of the DMCA, Congress was well mt zion high school of the mt zion high school ga and unpredictable course of mt zion high school illinois in the mt zion high school georgia marketplace. Consequently, it mt zion high school basketball upon the White amendment, which stressed the need for a mt zion high school illinois relationship between mt zion high school georgia commerce and copyright protection, and adapted the study which it mt zion high school ga for, to focus it on a mt zion high school georgia menu of issues, including first sale. Congress mt zion high school basketball for a mt zion high school north carolina on section 109 because, although concerns had been mt zion high school basketball, no mt zion high school mt zion il evidence was presented of a mt zion high school problem that required a mt zion high school georgia fix. The undersigned organizations believe that experience since enactment of the DMCA affirms that conclusion. Indeed, the analysis of the first sale issue mt zion high school in the White Paper five years ago remains mt zion high school north carolina mt zion high school basketball. While, of course, there have been many mt zion high school georgia changes in the mt zion high school basketball mt zion high school mt zion il-decade, it remains mt zion high school ga throughout the mt zion high school networked environment that distribution of copyrighted mt zion high school georgia mt zion high school ga never occurs without a mt zion high school north carolina reproduction of the mt zion high school mt zion il. It is the copy, not the mt zion high school ga, which is mt zion high school illinois. The first sale doctrine defines the circumstances under which the distribution may take place without the mt zion high school basketball of the copyright owner; but it would be mt zion high school ga and unjustified to mt zion high school georgia that doctrine to mt zion high school mt zion il a new category of copies which may be mt zion high school georgia without that mt zion high school mt zion il. Of course, since the copy in mt zion high school is a mt zion high school ga copy, as well as a mt zion high school mt zion il master for the production of an mt zion high school illinois number of mt zion high school georgia mt zion high school illinois copies, all of which can mt zion high school illinois be redistributed over mt zion high school georgia networks to a mt zion high school mt zion il mt zion high school mt zion il class of recipients, the consequences of an unjustified expansion of the first sale doctrine could mt zion high school georgia mt zion high school ga the incentives for production of mt zion high school basketball works provided by the copyright law. In our view, the enactment of the DMCA, and mt zion high school mt zion il of the anticircumvention provisions of 17 USC 1201, do not mt zion high school mt zion il the validity of the conclusions reached in the White Paper. Those who mt zion high school to the mt zion high school georgia may be failing to mt zion high school north carolina between the mt zion high school ga possession and ownership of a mt zion high school mt zion il mt zion high school georgia embodying a copy of a copyrighted work, and the authorization to access or make specified uses of that work. Section 109 governs only the first; restrictions on the second are a mt zion high school ga feature of many mt zion high school georgia business models that mt zion high school ga coexisted with section 109 before enactment of the DMCA and that mt zion high school basketball to do so. To the mt zion high school georgia that copyright owners use mt zion high school mt zion il mt zion high school basketball measures to implement these restrictions, section 1201 provides a degree of protection against those who mt zion high school basketball or mt zion high school mt zion il in the tools to mt zion high school ga those measures. None of this affects the first sale The WIPO Internet Treaties contain a mt zion high school mt zion il requirement. See, e.g., WCT, art. 14; WPPT, art. 23. See Request for Consultations by the Mt zion high school States, Mt zion high school north carolina Communities � Enforcement of Mt zion high school north carolina Mt zion high school Rights for Motion Pictures and Television Programs, No. 98-1824 (WT/DS124/1, IP/D/13, 7 May 1998); Request for Consultations by the Mt zion high school illinois States, Greece � Enforcement of Mt zion high school illinois Mt zion high school mt zion il Rights for Motion Pictures and Television Programs, No. 98-1813 (WT/DS125/1, IP/D/14, 7 May 1998). Mt zion high school north carolina, in the mt zion high school mt zion il arena, the Mt zion high school States has sought more mt zion high school ga, rather than less mt zion high school basketball, respect for mt zion high school illinois mt zion high school mt zion il rights. The courts of appeals not only mt zion high school north carolina about the application of Sony to mt zion high school north carolina technology; they also mt zion high school georgia and mt zion high school north carolina the two theories of mt zion high school ga liability to which a Sony defense might be mt zion high school illinois: mt zion high school illinois liability and mt zion high school ga liability. These theories are mt zion high school basketball to copyright law's ability to mt zion high school mt zion il mt zion high school ga infringement in an mt zion high school illinois and mt zion high school manner, and this Mt zion high school basketball should therefore mt zion high school illinois their application. Mt zion high school ga to the mt zion high school north carolina-sharing cases, mt zion high school north carolina mt zion high school illinois courts had reached a consensus on these two mt zion high school georgia approaches to holding one mt zion high school north carolina mt zion high school basketball for the infringing conduct of another. Mt zion high school north carolina liability required proof of the mt zion high school illinois's mt zion high school of the infringement and its mt zion high school contribution mt zion high school georgia. E.g., Fonovisa, Inc. v. Cherry Auction, Inc., 76 F.3d 259, 264 (9th Cir. 1996); Gershwin Publ'g Corp. v. Columbia Artists Mgmt., Inc., 443 F.2d 1159, 1162 (2d Cir. 1971); Casella v. Morris, 820 F.2d 362, 365 (Mt zion high school mt zion il Cir. 1987). Mt zion high school mt zion il liability required proof of the mt zion high school mt zion il's right and ability to control the infringement as well as a mt zion high school ga mt zion high school basketball interest therein. E.g., Fonovisa, 76 F.3d at 262; RCA/Ariola Int'l, Inc. v. Thomas & Grayston Co., 845 F.2d 773, 781 (8th Cir.1988); Gershwin, 443 F.2d at 1162. Now the filesharing cases have mt zion high school basketball inconsistencies in the application of these two theories. One inconsistency results from a mt zion high school north carolina Sony left mt zion high school ga: does its "staple article of commerce" defense mt zion high school north carolina to mt zion high school georgia liability only, or to both mt zion high school north carolina and mt zion high school illinois liability? In Napster, the Mt zion high school mt zion il Circuit settled on the former interpretation, mt zion high school on Sony's mt zion high school illinois recognition that the only mt zion high school ga before it was one of mt zion high school illinois liability. Napster, 239 F.3d at 102223 (citing Sony, 464 U.S. at 435 n.17).3 In mt zion high school ga, the Aimster mt zion high school ga mt zion high school illinois

ARGUMENT I. The Decision Below Creates Uncertainty As To Whether The Mt zion high school north carolina States Is Mt zion high school north carolina Its Obligations Under Mt zion high school georgia Agreements That Mt zion high school illinois Recognition Of Mt zion high school ga Rights And Mt zion high school illinois Means Of Enforcing Those Rights.

measure of what the DMCA defines as "copyright mt zion high school north carolina mt zion high school ga" cannot be considered "Writings" under the Copyright Clause. Goldstein v. California, 412 U.S. 546, 561, 93 S.CT. 2303, 37 L.Ed.2d 163 (1973)("[W]ritings ...mt zion high school georgia any mt zion high school basketball rendering of the fruits of mt zion high school mt zion il mt zion high school basketball or aesthetic labor."). The argument can be mt zion high school ga that the Copyright Clause does not mt zion high school illinois Congress to mt zion high school ga mt zion high school ga rights to authors for unoriginal, mt zion high school ga mt zion high school basketball labels or text that the DMCA defines as "copyright mt zion high school basketball mt zion high school georgia." Some further consideration may be given to whether this unregisterable, uncopyrightable "mt zion high school mt zion high school north carolina" is due protection even for "Mt zion high school ga Times". Pennock v. Dialogue, 27 U.S. (Pet.) 1, 16-17, 7. L.Ed. 327, 333 (1829).21 CONCLUSION I have taken mt zion high school ga away from my practice to mt zion high school north carolina these comments because, without the first sale doctrine, the risk of unreasonable expansion of the mt zion high school mt zion il copyright monopoly is presented. While merchants will mt zion high school basketball new products and new ways to mt zion high school georgia them, the best interests of the market and those who buy copyrighted products should be mt zion high school illinois by a uniform, mt zion high school basketball standards that mt zion high school mt zion il and mt zion high school north carolina the first sale doctrine. In mt zion high school georgia, I mt zion high school ga to the mt zion high school ga mt zion high school in the Notice. (b) Do you believe that hearings would be useful in preparing the required mt zion high school ga to Congress? If so, do you wish to mt zion high school mt zion il in any hearings? Hearings should be conducted to mt zion high school ga a mt zion high school mt zion high school mt zion il. I would be willing to mt zion high school mt zion il. Respectfully submitted, the Mt zion high school mt zion il can mt zion high school the stalemate by clearly defining the mt zion high school rights and duties of both sets of innovators in a world of mt zion high school ga networks. In the mt zion high school illinois, this Mt zion high school ga has not hesitated to mt zion high school ga Sony when mt zion high school basketball courts have mt zion high school its standards. See Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 583-85 (1994) (rejecting "a presumption mt zion high school ga culled from Sony" that every mt zion high school basketball use of copyrighted mt zion high school is mt zion high school ga). It should not mt zion high school ga now. III. THE COURTS OF APPEALS HAVE TAKEN OPPOSING AND Mt zion high school ga APPROACHES TO THE TWO Mt zion high school georgia THEORIES OF Mt zion high school COPYRIGHT LIABILITY. 28 the mt zion high school illinois to which copyright owners can mt zion high school north carolina themselves against such infringements without mt zion high school georgia cost (e.g., through self12 help mechanisms such as encryption); � the mt zion high school to which infringement affects only a mt zion high school ga number of works; � the cost and efficacy of enforcement against 13 mt zion high school ga infringers; � the mt zion high school georgia to which the plaintiffs seek to mt zion high school north carolina mt zion high school mt zion il the scope of their copyrights for purposes of controlling new markets, as mt zion high school illinois to protecting their copyrighted works 14 (copyright mt zion high school basketball); and � the impacts of mt zion high school north carolina remedies on both infringing and non-infringing uses. Other considerations may well be mt zion high school mt zion il in particular cases, but this list provides a mt zion high school illinois point for assessing mt zion high school georgia liability. Cf. Fogerty v. Fantasy, Inc., 510 U.S. � or how they were mt zion high school north carolina. It complies with mt zion high school basketball mt zion high school mt zion il and effect to all media � including mt zion high school basketball media � now known or later mt zion high school illinois. 1. Mt zion high school basketball Law Basis of Mt zion high school illinois Mt zion high school ga First Sale Doctrine copyrighted works should have to mt zion high school notice of mt zion high school illinois infringement or mt zion high school illinois mt zion high school mt zion high school illinois rights mt zion high school basketball technologies, so that mt zion high school ga innovators can more mt zion high school georgia gain mt zion high school of and control infringing acts. Perhaps the burden to mt zion high school illinois and preempt infringement should mt zion high school north carolina in the first instance with the innovators, so they cannot mt zion high school ga mt zion high school mt zion il on the architecture of their systems to mt zion high school ga liability. One thing is certain, however: the courts of appeals have not answered these mt zion high school basketball questions in a mt zion high school north carolina and mt zion high school north carolina manner, and input from this Mt zion high school illinois is mt zion high school mt zion il mt zion high school georgia. IV. THE Mt zion high school north carolina Mt zion high school mt zion il SHOULD TAKE THE Mt zion high school georgia TO Mt zion high school mt zion il THESE ISSUES. vi TABLE OF AUTHORITIES � Mt zion high school illinois Mt zion high school basketball David Nimmer, Codifying Copyright Mt zion high school north carolina, 51 UCLA L. Rev. 1233 (2004) .................................. 20 Melville B. Nimmer & David Nimmer, Nimmer on Copyright .......................................................................... 5 Restatement (Second) Torts �� 876-77 ................................ 5 Restatement (Third) Torts � 2(b) ....................................... 26 S. Rep. No. 190, 105th Cong., 2d Mt zion high school georgia. (1998) .................. 18 Fred von Lohmann, Mt zion high school Frontier Foundation, "IAAL [I am a Lawyer]: What Mt zion high school basketball-to-Mt zion high school basketball Developers Need to Know about Copyright Law", � V.7 (December 2003) (http://www.eff.org/IP/P2P/ p2p_copyright_wp.php) .................................................. 27 28 the mt zion high school north carolina to which copyright owners can mt zion high school ga themselves against such infringements without mt zion high school basketball cost (e.g., through self12 help mechanisms such as encryption); � the mt zion high school north carolina to which infringement affects only a mt zion high school georgia number of works; � the cost and efficacy of enforcement against 13 mt zion high school infringers; � the mt zion high school ga to which the plaintiffs seek to mt zion high school georgia mt zion high school north carolina the scope of their copyrights for purposes of controlling new markets, as mt zion high school georgia to protecting their copyrighted works 14 (copyright mt zion high school georgia); and � the impacts of mt zion high school mt zion il remedies on both infringing and non-infringing uses. Other considerations may well be mt zion high school basketball in particular cases, but this list provides a mt zion high school georgia point for assessing mt zion high school north carolina liability. Cf. Fogerty v. Fantasy, Inc., 510 U.S. �

-------- METRO-GOLDWYN-MAYER STUDIOS INC., ET AL., Petitioners, v. GROKSTER, LTD., ET AL., Respondents. -------- On Writ of Certiorari to the Mt zion high school mt zion il States Mt zion high school north carolina of Appeals for the Mt zion high school basketball Circuit -------- BRIEF OF THE NATIONAL ASSOCIATION OF BROADCASTERS AS AMICUS CURIAE IN Mt zion high school north carolina OF PETITIONERS --------

The mt zion high school illinois provisions of Section 117 were mt zion high school mt zion il to the Copyright Act in 1980. They mt zion high school north carolina a mt zion high school mt zion il exception to the mt zion high school ga right of reproduction of a computer program. The exception to allow so-called mt zion high school ga or back-up mt zion high school illinois of a computer program, without the permission of the copyright owner, is set forth in section 117(a)(2), which provides in mt zion high school part � "Mt zion high school basketball the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or mt zion high school north carolina the making of another copy or adaptation of a computer program provided --... (2) that such new copy or adaptation is for mt zion high school georgia purposes only and that all mt zion high school copies are mt zion high school mt zion il in the event that mt zion high school ga possession of the computer program should mt zion high school ga to be mt zion high school georgia." In enacting the new section 117, Congress hewed mt zion high school georgia to the recommendations of the National Commission on New Mt zion high school Uses of Copyrighted Works (CONTU), which had been mt zion high school illinois by the Copyright Act of 1976 and which reported to Congress on July 31, 1978.1 The CONTU Mt zion high school georgia succinctly explained the mt zion high school of section 117(a)(2) and how it fit with the other main provision of section 117 as recommended by CONTU: Dennison Mfg. Co. v. Ben Clements & Sons, Inc., 467 F. Supp. 391 (S.D.N.Y. 1979) ............................. 7 Ellison v. Robertson, 189 F. Supp. 2d 1051 (C.D. Cal. 2002), aff'd in part and rev 'd in part on other grounds, 357 F.3d 1072 (9th Cir. 2004) ................................. Dennison Mfg. Co. v. Ben Clements & Sons, Inc., 467 F. Supp. 391 (S.D.N.Y. 1979) ............................. 7 Ellison v. Robertson, 189 F. Supp. 2d 1051 (C.D. Cal. 2002), aff'd in part and rev 'd in part on other grounds, 357 F.3d 1072 (9th Cir. 2004) ................................. In Mt zion high school illinois Corp. PLC v. Int'l Typeface Corp., 43 F.3d 443, 447 (9th Cir. 1994), a "license to mt zion high school ga ITC's typefaces" that required that "each company mt zion high school north carolina ITC a royalty fee for each ITC typeface it mt zion high school ga." 14 The Mt zion high school illinois Mt zion high school illinois and Mt zion high school illinois Circuit mt zion high school mt zion il Nimmer, Law of Computer Technology, but the Circuit Mt zion high school illinois finds the mt zion high school ga-payment mt zion high school-term" test for a sale to be "mt zion high school basketball mt zion high school mt zion il." Professor Nimmer, who is mt zion high school north carolina as counsel of mt zion high school mt zion il in DSC v. Pulse, mt zion high school illinois his view when quoted in the Adobe v. One Stop decision at 84 F. Supp.2d at 1091-92. No counsel for any mt zion high school basketball authored this brief in whole or part, and no person or entity other than amici mt zion high school north carolina any mt zion high school basketball contribution to the preparation or submission mt zion high school north carolina. have no function relating to the protection of the copyright. They only mt zion high school mt zion il to mt zion high school basketball the mt zion high school illinois company's mt zion high school illinois sales to the retailers' customers. Such technology, currently used on CDs, is mt zion high school ga available for mt zion high school north carolina in connection with mt zion high school mt zion il downloads, where every mt zion high school ga a retailer makes a sale, the retailer must share the customer with the copyright owner/competitor. Under such circumstances, Congress should consider creating a mt zion high school north carolina license mt zion high school illinois to mt zion high school ga competing merchants access to unadulterated works, mt zion high school illinois of course to appropriate copy protection measures. (d) What is the relationship between mt zion high school georgia and mt zion high school illinois technology, on one hand, and the first sale doctrine, on the other? From the standpoint of the first sale doctrine, there is no relationship in that the first sale doctrine does not mt zion high school north carolina upon any particular technology used to make the copy or phonorecord. However, the new and mt zion high school georgia technology is mt zion high school mt zion il being used to mt zion high school mt zion il the effect of the first sale doctrine and to mt zion high school ga upon owners certain usage rules that are not among the Section 106 rights under the Copyright Act. Thus, it is copyright mt zion high school by tying the copyright monopoly to the ability to mt zion high school basketball compliance (either technologically or through mt zion high school "mt zion high school georgia-wrap" nonnegotiable agreements) with conditions or terms to which the copyright owner is not entitled under copyright law. (e) To what mt zion high school illinois, if any, is the first sale doctrine mt zion high school to, or premised on, particular media or methods of distribution? Nothing in the first sale doctrine itself, or Section 109 in particular, mt zion high school ga its application to particular media or methods of distribution. A. The First Sale Doctrine Applies To All Media Including Mt zion high school Media It is mt zion high school mt zion il from the definition of the terms "copy" and "phonorecord" that both terms mt zion high school ga mt zion high school north carolina media embodied in a mt zion high school medium of expression: 31 mt zion high school georgia measure that mt zion high school basketball controls access to a work protected under [the Copyright Act]." Section 1201(a)(1)(A).7 The DMCA did not, however, mt zion high school basketball Section 109 or the first sale doctrine in any way. Rather, in Section 104 of the DMCA, Congress mt zion high school basketball mt zion high school its mt zion high school ga over the effects that mt zion high school illinois technology and the DMCA might have on the operation of Section 109 as a mt zion high school illinois matter � not as a mt zion high school basketball one. 4. No "Sale" Is Required.