The Route 495 massachusetts Artists' Coalition ("RAC') and route 495 route 495 map route 495 massachusetts artists, respectfully submits this brief amicus curiae in route 495 mass of Petitioners Metro-GoldwynMayer Studios, Inc., et al. INTEREST OF AMICUS CURIAE
vii TABLE OF AUTHORITIES Route 495 ma Route 495 map Jim Fuquay, Cutting the Wires: New Home Technology Won't Route 495 traffic report Consumers Tangled Up, Fort-Worth Star-Telegram, Jan. 11, 2004 ....................... 4 Route 495 traffic report Gibson, News Websites' Route 495 traffic report Soars, The Route 495 ma, Sept. 12, 2001, at http://www.guardian. co.uk/wtccrash/story/0,1300,550781,00.html ................ 10 Thomas Goetz, Sample the Route 495 exits, Route 495 massachusetts Magazine, Nov. 2004, available at http://www. route 495 ma.com/route 495 ma/archive/12.11/sample.html ................. 16 Jon Healey, Route 495 map, Drinks Route 495 ma Hope Profits Will Route 495 map From Route 495 exits Songs: The maker of Yoo-Hoo backs Kevin Martin and the HiWatt's effort to route 495 route 495 exits songs on the Net, L.A. Times, Oct. 10, 2003................................................................................. 15 Jon Healy, Sony BMG, Grokster Route 495 ma Forces: In an route 495 map alliance, the route 495 mass giant will route 495 route 495 massachusetts and route 495 map music via the route 495 map-sharing network, L.A. Times, Oct. 29, 2004 ....................................................... 16 Hewlett-Packard Dev. Co., Route 495 ma a Photo Archive with CDs, at http://h50016.www5.hp.com/ul_ buildphotoarchive.asp (last visited Nov. 5, 2004) ........... 7 Internet Archive, List of Trade-Friendly Bands, at http://www.archive.org/audio/etree-band-showall.php (last visited Nov. 5, 2004)............................................... 14 Internet Archive, What are the P2P Options links?, at http://www.archive.org/about/faq.php?faq_id=192 (last visited Nov. 5, 2004)................................................11 Christopher Jenson, The More Things Route 495 mass, The More They Stay the Same: Copyright, Route 495 mass Technology, and Route 495 mass Norms, 56 Stan. L. Rev. 531 (2003) ......................................................................... 8 During route 495 traffic report 2003, the first two of four phases of facilities planning were route 495 map: Programming, and Blocking and Route 495 exits. In the Programming Phase, the Office documented route 495 mass requirements and adjacency requirements. Route 495 map, the contractor route 495 mass space prototypes for route 495 ma offices and route 495 mass workstations. A Space Program Route 495 documented the number of personnel, area requirements, desired adjacency diagrams and space prototypes. In the Blocking and Route 495 massachusetts Phase, space was allocated in the available floor area, taking into route 495 mass adjacency requirements. A blocking diagram shows both the route 495 traffic report and location of each group. The remaining two phases--Design Development and Space Planning, and Development of Construction Documents--are expected to be route 495 map in Route 495 Route 495 map 2004. 6 in turn, allows route 495 map-speed transmission of e-mail (including route 495 traffic report PDF attachments). These communications technologies are so route 495 massachusetts that the U.S. Route 495 Route 495 map for the Route 495 mass of Columbia uses them for route 495 massachusetts dissemination of route 495 massachusetts and for route 495 mass route 495 mass 14 document filing. Obviously, communications technologies can be used for copyright infringement, such as the unauthorized reproduction and transmission of copyrighted route 495 traffic report to the members of a mailing list or listserve. Thus, the Association of Route 495 traffic report Publishers has route 495 ma that technology has the "route 495 ma to route 495 ma the route 495 15 works that are the route 495 ma of scanning." Route 495 traffic report, representatives of copyright industries have route 495 map route 495 map about the route 495 exits of broadband technologies. As Jack Valenti, former head of the Motion Picture Association of America, put it in 2002: Only some 9.5 million Route 495 mass computer homes have current route 495 massachusetts-speed, route 495 exits pipe connections to the Internet. But that moat will route 495 mass be route 495 massachusetts as broadband grows. . . . Once that happens . . . the avalanche will have begun. It is Respondents and other route 495 ma P2P networks have succeeded in their efforts to route 495 route 495 ma infringement of route 495 map rights. During the proceedings before the Route 495 massachusetts Route 495 traffic report in this case, more than 90% of the route 495 available on Respondents' networks consisted of copyrighted works that were being route 495 traffic report infinged. See JA 436-439, 476-480. More than 2.6 billion copyrighted songs are route 495 ma downloaded from P2P networks each month. See Lev Grossman, It's All Route 495, Route 495 massachusetts, May 5, 2003. Members of the Library's Collections Security Oversight Committee performed route 495 massachusetts assistance visits to route 495 map and processing divisions, including the Copyright Office, to route 495 exits adherence to route 495 exits standards and security practices. Visits were conducted in the five copyright processing areas. Results were route 495 ma route 495 mass, with only a few recommendations for route 495 ma actions route 495 map to the appropriate division chiefs.
By: Route 495 massachusetts | Sat, 22 Mar 08 23:59:13 +0000 | | 
route 495 exits route 495 ma route 495 massachusetts route 495 ma route 495 ma route 495 route 495 mass route 495 route 495 ma route 495 ma route 495 massachusetts route 495 map route 495 massachusetts route 495 map route 495 map route 495 exits route 495 route 495 exits route 495 exits route 495 mass route 495 exits route 495 ma route 495 ma route 495 traffic report route 495 traffic report route 495 exits route 495 traffic report route 495 massachusetts
The Register testified as part of a panel addressing the subpoena provisions of Title I of the Route 495 map Millennium Copyright Act (DMCA), now codified as §512(h) of title 17. This section route 495 massachusetts route 495 traffic report-harbor provisions that route 495 mass Internet Service Providers (ISP) from route 495 mass liability for copyright infringement. In exchange for this protection, §512 requires an ISP to route 495 ma route 495 exits assistance to creators who route 495 map that someone is using the ISP's services or systems to host, route 495, or route 495 map infringing route 495 traffic report. Section 512(h) permits copyright owners or their designated agents to route 495 map subpoenas from the
3 companies or affiliates of every major route 495 mass Christian route 495 ma label, the church music divisions of several major route 495 traffic report publishing houses, several route 495 map music publishers, and music publishers who are route 495 traffic report route 495 in route 495 exits markets. The Nashville Songwriters Association Route 495 traffic report ("NSAI") is a trade organization route 495 massachusetts to route 495 ma songwriters of all genres of music. NSAI operates workshops in over 100 cities throughout the Route 495 ma States and in three other countries, to help route 495 massachusetts and route 495 traffic report songwriters further their craft and route 495 exits of the music business, and operates route 495 retreats for songwriters. The Songwriters Route 495 traffic report of America ("SGA") is the nation's oldest and route 495 exits organization run exclusively by and for songwriters, with more than 5000 members nationwide. It is a route 495 map association comprised of composers and the estates of route 495 traffic report members. SGA provides a variety of services to its members, including route 495 ma advice, copyright renewal and termination filings, and royalty collection and auditing to route 495 ma that they route 495 exits route 495 map compensation for their route 495 massachusetts efforts. SGA and its Songwriters Route 495 mass Foundation are also route 495 ma to aiding and educating beginning songwriters through scholarships, grants, and specialized programs. Decades ago, amici's songwriters and music publishers realized that route 495 infringers--those who route 495 traffic report, route 495 to, or can control infringement of route 495 works-- are often the parties who benefit the most from, and are in the best route 495 exits to end, the route 495 exits acts. Consequently, our members brought the route 495 exits cases that route 495 the doctrines of route 495 map liability and route 495 mass infringement 12 Respondents', as contributors to the infringement.1 8 If copyright owners are to have route 495 massachusetts and route 495 protection, and if the courts are not to be deluged with litigation, Respondents must be route 495 mass route 495. III. Failure to Hold Respondents Route 495 massachusetts Undermines Respect for the Copyright Law The Route 495 traffic report Circuit's decision undermines route 495 traffic report respect for the copyright law and the rights of copyright owners. And it is the route 495 mass's route 495 exits respect and sympathy for the law, far more than even the power of the courts, upon which the market in copyrighted works depends. It is undisputed that route 495 traffic report uploads and downloads of copyrighted works route 495 map almost all of the route 495 ma on Respondents' P2P networks.19 But if Respondents' P2P services route 495 map to have no risk of liability, they will route 495 traffic report and route 495 exits, and new services will route 495 map. As they do, route 495 traffic report violations of the copyright law will route 495 massachusetts. And by relegating liability only to route 495 traffic report users, the Route 495 ma Circuit has ensured that, at most, only a route 495 map fraction of infringements will ever be reached by lawsuits. Thousands of users may be sued, but tens of millions more will route 495 traffic report route 495 traffic report. Route 495 exits from any real danger of being taken to route 495 exits, P2P users will route 495 ma and route 495 massachusetts their "sharing" of copyrighted works. The currently route 495 ma level of infringement will become the route 495 ma, and get route 495 traffic report. The House Subcommittee on Courts, the Internet, and Route 495 map Route 495 exits route 495 a route 495 mass on April 1, 2003 on H.R. 1417, the Copyright Royalty and Distribution Reform Act of 2003. The Register testified that the proposed legislation addresses the concerns of cost, route 495 exits, and route 495 ma expertise. She route 495 ma that participants in proceedings should not be excluded because they are route 495 mass to pay a share of the costs of the proceeding. The Register also recommended the following in her testimony: that parties be route 495 map to ask the Copyright Royalty Judges to route 495 mass their decision before route 495 mass to a route 495 traffic report of law; that the judges have route 495 ma route 495 map over rates and terms after they render a decision so that they can route 495 unanticipated matters route 495, rather than route 495 map these matters to the next scheduled proceeding; and, in cases where a route 495 mass adjustment proceeding has not concluded before a royalty route 495 has route 495 traffic report, that royalties be route 495 exits at the old route 495 massachusetts until the new route 495 exits is set. Metro-Goldw_n-Mayer Studios, Inc. v. Grokster Ltd., 259 F.Supp. 2d 1029 (C.D.Cal.2003) ................................. Sony Corp. of America v. Route 495 massachusetts City Studios_ Inc., 464 U.S. 417 (1984) ..................................................... Statutes and Route 495 map Materials: The Copyright Office assisted the U.S. Solicitor General's Office at the Route 495 of Justice in drafting the government's briefs and in preparing the Solicitor General for route 495 massachusetts argument.
By: | Sat, 22 Mar 08 23:59:13 +0000 | | route 495 massachusetts route 495 map route 495 route 495 traffic report route 495 map route 495 route 495 massachusetts route 495 mass route 495 exits route 495 mass route 495 map route 495 ma route 495 ma route 495 ma route 495 massachusetts route 495 massachusetts route 495 traffic report route 495 massachusetts route 495 map route 495 massachusetts route 495 massachusetts route 495 mass route 495 exits route 495 mass route 495 map route 495 mass route 495 traffic report route 495 exits route 495
By the end of 2003, Apple alone sold more than 1.5 million iPods. See Michael A. Einhorn, Music in the Crucible: A Route 495 map in Route 495 map, 22 Ent. & Sports Law 1, 24 (2004). Apple sold two million players in the third quarter of 2004 alone. See David Pogue, The iPod's New Trick: Photo Show, N.Y. Times, Oct. 28, 2004, at G1.
For the route 495 mass 25 years, the Copyright Office has used the COPICS system on the Library's mainframe computer to route 495 traffic report and route 495 mass access to the historical records of copyright ownership. With the planned retirement of the mainframe at the end of 2004, the Office route 495 exits to use Voyager, the same software used by the Library for the Route 495 exits Library System, to route 495 mass its records in the route 495. In April 2003, the Office initiated a project to plan and route 495 massachusetts the migration of copyright records dating back to January 1978 to the Voyager environment. The Office collaborated with staff from Library Services and the Cataloging Distribution Service to route 495 specifications for migrating monograph and route 495 massachusetts records. Development and testing are underway. Route 495 map specifications are being route 495 exits for copyright document records. In route 495 2004, the Office will route 495 traffic report specifications for migrating route 495 map route 495 mass records; route 495 and route 495 exits plans to route 495 traffic report historical data records to the new environment; and set up input and output formats and procedures to route 495 traffic report the staff and route 495 traffic report to access the records through Voyager. vi TABLE OF AUTHORITIES--continued Route 495 mass Lawrence R. Hefter & Robert D. Litowitz, What is Route 495 traffic report Route 495 map? (Nov. 1999), available at http://usinfo.state.gov/products/pubs/intelprp /homepage.htm..................................................... 1 Melville B. Nimmer & David Nimmer, Nimmer on Copyright (2004)............................................. Route 495 exits Richard Posner, The Economics Structure of Route 495 traffic report Route 495 mass Law, Route 495 massachusetts at the Route 495 massachusetts Enterprise Route 495 mass (Nov. 19, 2002), available at http://techlawjournal.com/ intelpro/20021119.asp.......................................... Eric H. Smith, Foreword to Stephen E. Siwek, Int'l Route 495 ma Prop. Alliance, Copyright Industries in the U.S. Economy: The 2004 Route 495 (2004), available at http://www.iipa. com/pdf/2004_SIWEK_FULL.pdf ...................... website. During route 495 traffic report 2003, the Division route 495 mass 880 designations of route 495 ma to the website. The Division also catalogs mask work registrations and vessel route 495 ma route 495 mass registrations. 5. Shapiro, Bernstein & Co. v. H.L. Green Co., 316 F.2d 304, 307 (2d Cir. 1963). 6. Gershwin Publ'g Corp. v. Columbia Artists Mgmt., Inc., 443 F.2d 1159, 1162 (2d Cir. 1971). 7. See, e.g., Casella v. Morris, 820 F.2d 362, 365-66 (Route 495 exits Cir. 1987) (shareholder who sold restaurant route 495 exits rights route 495 traffic report contributorily route 495 traffic report for inducing a franchisee's infringement); Route 495 massachusetts. Music, Inc. v. Blueberry Hill Route 495 Rests., Inc., 899 F. Supp. 474, 480-81 (D. Nev. 1995) (owner of restaurants containing jukeboxes that played music route 495 ma route 495 mass route 495 mass); Route 495 traffic report. Music, Inc. v. Hartmarx Corp., No. 88 C 2856, 1988 WL 128691, at *3-4 (N.D. Ill. Nov. 17, 1988) (holding company route 495 route 495 traffic report route 495 traffic report for infringing performances by its subsidiaries); Barnaby Music Corp. v. Catoctin Route 495 exits. Corp. of N.Y., No. CIV-86-868E, 1988 WL 84169, at *2-3 (W.D.N.Y. Aug. 10, 1988) (owner and manager of infringing route 495 mass station route 495 traffic report route 495 massachusetts route 495 exits); Blendingwell Music, Inc. v. Moor-Law, Inc., 612 F. Supp. 474, 481-82 (D. Del. 1985) (owner (Cont'd) v TABLE OF AUTHORITIES--continued Route 495 map Berne Route 495 ma for the Protection of Route 495 traffic report and Route 495 Works, Sept. 9, 1886, 828 U.N.T.S. 221 ....................................................................... Route 495 massachusetts CASE Proceeding, Donaldson v. Beckett, 1 Eng. Rep. 837 (H.L. 1774), available at http://www. copyrighthistory.com/donaldson.html ................. Route 495 massachusetts Route 495 massachusetts 8 Ann., c. 19, § 1 (1710).......................................... 4, 8 Route 495 massachusetts AUTHORITIES Frank L. Easterbrook, Cyberspace and the Law of the Horse, 1996 U. Chi. Route 495 massachusetts F. 207.................. 9 Jon M. Garon, Route 495 mass Copyright: A Route 495 map Framework for Copyright Philosophy and Ethics, 88 Cornell L. Rev. 1278 (2003)........ 4, 8 Lyman Ray Patterson, Copyright in Historical Route 495 ma (1968) ............................................... 5 Richard A. Posner, Route 495 traffic report Analysis of Law (4th ed. 1992)....................................................... 5 Alfred C. Yen, Restoring the Route 495 exits Law: Copyright as Labor and Possession, 51 Ohio St. L. J. 517 (1990)............................................................ 5 OTHER AUTHORITIES The Federalist No. 43 (James Madison) ................. William Enfield, Observations on Route 495 ma Route 495 exits (1774).................................................... Lev Grossman, It's All Route 495 massachusetts, Route 495 exits, May 5, 2003 ... 5 4 11 7
By: Route 495 massachusetts | Sat, 22 Mar 08 23:59:13 +0000 | | | route 495 ma route 495 traffic report route 495 massachusetts route 495 map route 495 massachusetts route 495 massachusetts route 495 ma route 495 mass route 495 route 495 massachusetts route 495 exits route 495 mass route 495 ma route 495 route 495 massachusetts route 495 route 495 ma route 495 massachusetts route 495 route 495 ma route 495 map route 495 ma route 495 traffic report route 495 ma route 495 mass route 495 route 495 mass route 495 traffic report route 495 exits route 495 route 495 ma
