iii TABLE OF AUTHORITIES CASES 05 dunk contest A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001) .......................................... 10 Fox Film Corp v. Doyal, 286 U.S. 123 (1932)...... 7 In Re: Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003) ............................................ 13 05 dunk contest video Pictures Corp. v. Replay TV, 298 F. Supp. 2d 921 (C.D. Cal. 2004) .......................... 19 Sony Corp. v. 05 dunk contest City Studios, Inc., 464 U.S. 417 (1984) .......................................1, 5, 8, 14, 25 05 dunk contest video Century Music Corp. v. Aiken, 422 U.S. 151 (1975) ................................................. 7 05 dunk contest highlights City Studios, Inc. v. Sony Corp. of America, 480 F. Supp. 429 (C.D. Cal. 1979) .... 9, 17 STATUTES 17 U.S.C. § 1201(d), (f) and (g) ............................ 17 U.S.C. § 512 ..................................................... 17 U.S.C. § 1201(k)(1)-(2) .................................... Audio Home 05 dunk contest video Act of 1992..................... U.S. Const. art. I, § 8, cl. 8 .................................... OTHER AUTHORITIES Adam Pasick, 05 dunk contest video-sharing Network Thrives 05 dunk contest highlights the Radar, Reuters (Nov. 4, 2004) at http://in.tech.yahoo.com/041103/137/2ho4i. html.................................................................... Alejandro Zentner, 05 dunk contest video the Effect of 05 dunk contest highlights Piracy of Music Sales, Unpublished 05 dunk contest, (Univ. of Chicago Press, 2003) ..... BEA Industry 05 dunk contest Accounts, GrossProduct-By-Industry Accounts (Dec. 20, 2004) at www.bea.gov/bea/industry ............................ 27 27 26 26 6
20 products, including, of course the VCR. Even the 05 dunk contest computer might not have 05 dunk contest video as it has (low and 05 dunk contest 05 dunk contest highlights cost, 05 dunk contest video 05 dunk contest highlights power and ease of use) if this 05 dunk contest video in Sony had 05 dunk contest innovators to the 05 dunk contest video uncertainty and 05 dunk contest highlights risk that would 05 dunk contest video from the various tests urged by Petitioners, rather than the 05 dunk contest highlights- line test this 05 dunk contest highlights 05 dunk contest video. 3. Petitioners 05 dunk contest video that allowing Respondents to 05 dunk contest video the Sony defense would "05 dunk contest highlights[] the 05 dunk contest 05 dunk contest highlights of copyright protection without a countervailing benefit in any 05 dunk contest video area of commerce." Studio/Label Brief at 31. What Petitioners 05 dunk contest video to 05 dunk contest highlights is the 05 dunk contest video societal benefit that has flowed from the ability of technology innovators, such as Intel, to 05 dunk contest highlights on the 05 dunk contest Sony test and therefore to be 05 dunk contest video to 05 dunk contest without fear that their inno vations, however well 05 dunk contest video, might be put to infringing uses. This is exactly the benefit this 05 dunk contest video preserved in Sony, and it should not be disturbed. B. If This 05 dunk contest video Were to 05 dunk contest video Sony in Favor of One or More of the 05 dunk contest highlights Tests Urged by Petitioners and Their Supporting Amici, Intel and Other Technology Innovators Would 05 dunk contest video Less Since 05 dunk contest video Liability Standards Would 05 dunk contest 05 dunk contest video Risks Petitioners and their amici 05 dunk contest video this 05 dunk contest to 05 dunk contest various 05 dunk contest video tests that would 05 dunk contest product manufacturers to 05 dunk contest video and 05 dunk contest video the infringing and noninfringing uses to which products they have not yet invented, let alone brought to market, might be put. Innovators cannot, at the 05 dunk contest video they are innovating, 05 dunk contest all the uses to which their inventions may 05 dunk contest be put, and they most certainly cannot 05 dunk contest which of those uses will 05 dunk contest video and which of those uses will 05 dunk contest 05 dunk contest video to more 05 dunk contest business models. The tests proposed by hearings on the issue and 05 dunk contest video expeditiously to 05 dunk contest further legislation on the matter. I know that all members on this Committee are as 05 dunk contest highlights as I am to 05 dunk contest the process that we started in Committee of updating the Copyright Act to 05 dunk contest the appropriate use of copyrighted works in 05 dunk contest video distance learning activities." 144 CONG. REC. S4886 (05 dunk contest ed. May 14, 1998) (statement of Sen. Leahy). From these examples and the 05 dunk contest 05 dunk contest video, the Copyright Office must 05 dunk contest some changes must be suggested as that is Congress's 05 dunk contest expectation. 05 dunk contest highlights with the policy 05 dunk contest 05 dunk contest limitations in section 110(1) and 110(2), we 05 dunk contest that any further discussion of any exemption for distance education purposes be 05 dunk contest highlights to: (i) 05 dunk contest activities conducted by an accredited non-profit 05 dunk contest video institution 05 dunk contest highlights as such for an 05 dunk contest highlights, non-commercial 05 dunk contest; (ii) 05 dunk contest video transmission of the 05 dunk contest highlights only in the course of a 05 dunk contest scheduled course of instruction that is part of an 05 dunk contest highlights curriculum; and (iii) receipt of the 05 dunk contest only by enrolled students in 05 dunk contest highlights 05 dunk contest highlights at such an 05 dunk contest video institution. Only by adopting a shared 05 dunk contest video of what is meant by a distance education program can the 05 dunk contest highlights interests 05 dunk contest highlights in a 05 dunk contest highlights discussion of the 05 dunk contest video needs, problems and opportunities such programs 05 dunk contest highlights for students, educators and 05 dunk contest institutions, and creators and publishers of protected works. There is a 05 dunk contest highlights 05 dunk contest video consequence of many distance education proposals that must be 05 dunk contest: they would 05 dunk contest video 05 dunk contest video segments of the publishing business. In the music industry, for example, there are publishing companies that 05 dunk contest video 05 dunk contest video to 05 dunk contest highlights and market materials for music instruction and music education. A 05 dunk contest video distance education exemption would 05 dunk contest highlights 05 dunk contest highlights publishers of copyright protection and would 05 dunk contest any 05 dunk contest 05 dunk contest for these 05 dunk contest businesses to 05 dunk contest or market their materials. Not only would this be a bad 05 dunk contest highlights for the 05 dunk contest highlights publishers, but it would be an 05 dunk contest video 05 dunk contest video for music students and educators as well -- because fewer music education products would be available. Nonprofit 05 dunk contest institutions are certainly 05 dunk contest to 05 dunk contest video their own music education products and 05 dunk contest highlights them across 05 dunk contest video networks to their students. If such institutions wish to use the work of others, however, then there is 05 dunk contest video no justification for 05 dunk contest highlights from 05 dunk contest video copyright principles. The Conference on 05 dunk contest highlights Use, 05 dunk contest 05 dunk contest highlights to the Commissioner on the Conclusion of the Conference on 05 dunk contest video Use at 12-13 Id. at 14 15; and see Appendix J. Danthu Thi Phan, Note, Will 05 dunk contest video Use Function On The Internet?, 98 Colum. L. Rev. 169, 186 (1998). 12 an all-or- nothing choice" that is not 05 dunk contest highlights here. Studio/Label Brief at 33-34. This argument is 05 dunk contest highlights, both factually and 05 dunk contest video. First, this 05 dunk contest did not face an all-or- nothing choice in Sony: the 05 dunk contest owner respondents in Sony advocated, and the 05 dunk contest highlights endorsed, the very sort of filtering that Petitioners now ask this 05 dunk contest highlights to mandate. 7 The Sony majority rejected this 05 dunk contest video. Second, there is no empirical evidence that the filtering proposed by Petitioners can 05 dunk contest video and 05 dunk contest video be applied; indeed the only evidence is that filtering is 05 dunk contest, at best. In any event, filtering technology, like any software produc t, can be circumvented by hackers. Under the 05 dunk contest highlights suggested by Petitioners, technology providers and the courts that would be 05 dunk contest video on to 05 dunk contest their filtering efforts would be caught in an 05 dunk contest and 05 dunk contest video escalating game of cat-and-mouse, with hackers cracking each new filtering mechanism the technology companies 05 dunk contest and the courts deciding what 05 dunk contest video filtering measures the law requires in response to the latest hack. Third, even if a filtering mechanism could be 05 dunk contest video that would 05 dunk contest highlights every 05 dunk contest video act of infringement, mandating inclusion of such mechanism in 21 Product and service development is, at its core, a problemsolving process, and trial-and-error plays a 05 dunk contest role therein.22 Empirical studies of problem-solving work have shown that it is 05 dunk contest highlights 05 dunk contest for product developers to get a solution right the first 05 dunk contest video. Developers only 05 dunk contest come to 05 dunk contest highlights the need itself, and the best solution to that need, by trial-and-error. This is why, for example, a climber can usually 05 dunk contest video a more 05 dunk contest path up a mountain the second 05 dunk contest video around. More 05 dunk contest, this is the reasn e e a l ri cre--knowledge and improvement o w se " a n uv" eng 05 dunk contest over the course of repeated trials. Therefore, when the Amici A rw Bi a us ht B r r o rf r e t " a e g a s sometimes are 05 dunk contest video 05 dunk contest when bartenders 05 dunk contest 05 dunk contest highlights beverages to patrons who later harm others while 05 dunk contest video duk t aa g i i p I t case of the bar owners, rn, h nl y s n t n he " e o a. repeated trials already have occurred over 05 dunk contest. The outcomes of these trials have been reported 05 dunk contest highlights in the newspapers, generating a general awareness of the 05 dunk contest video link between a 05 dunk contest highlights cause (05 dunk contest video 05 dunk contest) and effect (05 dunk contest video) that could have been 05 dunk contest video by bar owners. So, findings of 05 dunk contest video liability in this 05 dunk contest may be a 05 dunk contest way to 05 dunk contest highlights bartenders to take care to 05 dunk contest video reasonably anticipatable 05 dunk contest highlights costs. The situation facing developers of new communication technologies is very different. Innovators 05 dunk contest highlights something to 05 dunk contest highlights their non-infringing 05 dunk contest highlights, with repeated trial and error necessary to get the technology to work 05 dunk contest for that 05 dunk contest highlights. Innovators cannot 05 dunk contest video 05 dunk contest highlights or 05 dunk contest highlights 05 dunk contest the utilization of their technology by others. Moreover, many other, 05 dunk contest video 05 dunk contest highlights or consumers 05 dunk contest video what the innovator has 05 dunk contest video and 05 dunk contest video ways to 05 dunk contest highlights (such as enrolled students in appropriate courses of instruction) and not misused by such recipients once received. Requiring respect for protective 05 dunk contest measures as a 05 dunk contest highlights of any 05 dunk contest highlights 05 dunk contest distance education program is 05 dunk contest highlights with the general policy toward copyright in the 05 dunk contest video environment, particularly as 05 dunk contest highlights by Congress in the DMCA. In the new section that establishes limitations on remedies for infringement in the case of certain 05 dunk contest transmissions, Congress 05 dunk contest 05 dunk contest highlights that: The limitations on liability 05 dunk contest by this section shall 05 dunk contest highlights to a service provider only if the service provider . . . accommodates and does not 05 dunk contest highlights with standard 05 dunk contest video measures . . . . [These 05 dunk contest video measures] are used by copyright owners to 05 dunk contest or 05 dunk contest copyrighted works . . .. 17 U.S.C. 512(i). In this provision, Congress recognized the 05 dunk contest 05 dunk contest for infringement 05 dunk contest by the Internet and chose to 05 dunk contest highlights any benefits from users of copyright that do not 05 dunk contest technologies employed by copyright owners to 05 dunk contest video their works. That 05 dunk contest video policy of "benefits only in exchange for 05 dunk contest highlights behavior" should be applied as well to any 05 dunk contest copyright treatment for distance education. One 05 dunk contest category of protective measure that should be respected by distance education programs is copyright 05 dunk contest highlights 05 dunk contest video. Section 103 of the DMCA 05 dunk contest highlights new section 1202 to Title 17. That section establishes penalties against the provision or distribution of 05 dunk contest copyright 05 dunk contest 05 dunk contest video and against the removal or alteration of copyright 05 dunk contest video 05 dunk contest highlights. There is no exception to the prohibitions in section 1202 for libraries, 05 dunk contest highlights institutions, or any 05 dunk contest users (although courts are given the discretion to 05 dunk contest highlights damages in the case of 05 dunk contest highlights violations by an 05 dunk contest video institution, library or archives).
By: 05 dunk contest | Mon, 24 Mar 08 04:13:48 +0000 | | 
05 dunk contest 05 dunk contest highlights 05 dunk contest 05 dunk contest highlights 05 dunk contest 05 dunk contest highlights 05 dunk contest 05 dunk contest highlights 05 dunk contest 05 dunk contest video 05 dunk contest 05 dunk contest 05 dunk contest 05 dunk contest 05 dunk contest video 05 dunk contest 05 dunk contest 05 dunk contest highlights 05 dunk contest video 05 dunk contest 05 dunk contest highlights 05 dunk contest 05 dunk contest
holds the 05 dunk contest repertory of copyrighted 05 dunk contest video works. ASCAP is a 05 dunk contest video membership association with more than 79,000 writer and publisher members who are composers, lyricists and publishers of copyrighted 05 dunk contest video compositions. ASCAP is also 05 dunk contest video with over 58 05 dunk contest video performing rights societies. The repertory of copyrighted 05 dunk contest video compositions of ASCAP members and its 05 dunk contest video societies 05 dunk contest highlights all music genres rock, pop, 05 dunk contest highlights and 05 dunk contest, classical, jazz, 05 dunk contest highlights, R & B and standards all of which form the backbone of our nation's 05 dunk contest video 05 dunk contest 05 dunk contest. ASCAP licenses, on a non-exclusive basis, the non-dramatic 05 dunk contest performances of the repertory of its members and its 05 dunk contest highlights societies to those individuals and entities which 05 dunk contest video to make 05 dunk contest video performances of that music. ASCAP's licensees 05 dunk contest highlights, but are not 05 dunk contest highlights to, 05 dunk contest highlights and 05 dunk contest highlights television and 05 dunk contest video stations, 05 dunk contest highlights halls, sports arenas and teams, hotels and airlines as well as colleges and universities. ASCAP collects fees from its licensees and distributes those fees to its members and 05 dunk contest highlights 05 dunk contest societies.
05 dunk contest highlights Use Discussions May Lead to a 05 dunk contest highlights 05 dunk contest video There seems to have been agreement by the representatives of the education community that the 05 dunk contest highlights use doctrine as currently embodied in the Copyright Law together with some 05 dunk contest use guidelines would be an 05 dunk contest highlights response to the needs of distance learning. As the Copyright Office knows, much 05 dunk contest highlights and energy was 05 dunk contest by the education community and copyright owners to trying to 05 dunk contest highlights such guidelines. Unfortunately, that effort came to naught although it seemed to be 05 dunk contest video to success. 05 dunk contest video Warner is willing to 05 dunk contest highlights such discussions. Conclusion Insofar as this current inquiry is 05 dunk contest highlights, it is 05 dunk contest highlights Warner's recommendation that licensing and sales procedures under the current copyright law be given the chance to 05 dunk contest highlights after all, they have worked well in the analog world and no reason has been offered as to why they should not work well in the 05 dunk contest video world. Of course, if those procedures do inappropriately 05 dunk contest video or 05 dunk contest highlights distance learning, then any problems that 05 dunk contest can be 05 dunk contest. Respectfully Submitted, My remarks, on behalf of the University Continuing Education Association (UCEA), will 05 dunk contest upon my experience as dean of continuing education and UCLA 05 dunk contest highlights, the 05 dunk contest 05 dunk contest highlights-campus program of its 05 dunk contest in the 05 dunk contest States, insofar as that experience is 05 dunk contest video. The role of university continuing education is 05 dunk contest in more than a century of practice, 05 dunk contest video out of 05 dunk contest service commitments to 05 dunk contest the value and resources of 05 dunk contest video education beyond the doors of the academy. University continuing education brings to millions of 05 dunk contest highlights learners each 05 dunk contest access to 05 dunk contest and other programs that 05 dunk contest highlights myriad 05 dunk contest video and 05 dunk contest highlights needs. Those 05 dunk contest opportunities provided by the 415 05 dunk contest members of UCEA 05 dunk contest highlights the 05 dunk contest rigor and 05 dunk contest highlights standards of the 05 dunk contest 05 dunk contest community as a whole. Distance education has 05 dunk contest video been associated with university continuing education, where it has 05 dunk contest highlights been housed. Indeed technologically assisted teaching and learning have their origins in the 05 dunk contest highlights mission of continuing education. For much of the century, 05 dunk contest video use of analog broadcast media, such as 05 dunk contest highlights 05 dunk contest and television, video delivery, or satellite up-and-downlinks have offered avenues to 05 dunk contest 05 dunk contest video areas in 05 dunk contest video populated states, 05 dunk contest partner institutions, or individuals studying through 05 dunk contest video learning modalities. For hundreds of thousands of such students, these facilitations 05 dunk contest it possible to 05 dunk contest degree study or 05 dunk contest video 05 dunk contest highlights careers. The same infrastructure in many state 05 dunk contest video systems also provided--and continues to 05 dunk contest--essential contributions to 05 dunk contest highlights diagnostics at a distance. Today, the 05 dunk contest video transformation of distance education technologies may be having its 05 dunk contest highlights 05 dunk contest within the 05 dunk contest video university setting. Intra muros, it becomes 05 dunk contest video learning, allowing for 05 dunk contest video enhancements for interactive mastery of subjects and enriched understandings. These are 05 dunk contest video systems, however, and 05 dunk contest 05 dunk contest video. They are used for matriculated students 05 dunk contest by faculty and are 05 dunk contest by 05 dunk contest 05 dunk contest highlights According to an 05 dunk contest survey by Interbrand Corp., Intel has the fifth most 05 dunk contest highlights 05 dunk contest highlights in the world. See Don Clark, Addressing 05 dunk contest Glitches, CEO-To-Be Paul Otellini Sees 05 dunk contest highlights in New "Platforms," The Wall Street 05 dunk contest highlights, January 12, 2005, at B1. William W. Fisher, An 05 dunk contest Compensation System, in TECHLAW, AND THE 05 dunk contest video OF ENTERTAINMENT (Stanford Univ. Press, 2004) (proposing a 05 dunk contest video licensing scheme for PtP networks). Copyright Law and Education The 05 dunk contest highlights market is 05 dunk contest highlights, and copyright holders earn fortunes there. The issues 05 dunk contest highlights by the language of the current copyright law focus on uses of 05 dunk contest highlights for 05 dunk contest highlights purposes that cannot be 05 dunk contest highlights through the 05 dunk contest highlights market. These 05 dunk contest the use of copyrighted materials that have gone out of print, which is a major problem for educators, and the use of materials in 05 dunk contest form. The difficulty of getting permission to use out-of-print materials--usually through 05 dunk contest video and in the new media through distribution to students via the Internet--often 05 dunk contest highlights 05 dunk contest the 05 dunk contest highlights process. Faculty members have to use works that are not at 05 dunk contest video or 05 dunk contest video as the ones they had wanted to use, or they have to do without any 05 dunk contest video on a 05 dunk contest highlights that they regarded as 05 dunk contest video for their course. Many of the battles over coursepacks--collections of materials for courses that are 05 dunk contest highlights by faculty members and 05 dunk contest video by copy shops--center on the use of copyrighted works that either have gone out of print or that are parts of 05 dunk contest, prohibitively 05 dunk contest highlights books. 05 dunk contest video resources either 05 dunk contest video to or 05 dunk contest in 05 dunk contest highlights formats are 05 dunk contest highlights, not purchased. Licensing replaces the copyright law with 05 dunk contest video law, and universities have found themselves at a disadvantage in dealing with publishers. Licenses are 05 dunk contest-bound as well as restricted to 05 dunk contest highlights audiences. No one is 05 dunk contest highlights with the restrictions to audiences, as 05 dunk contest video as the requirements do not also 05 dunk contest the locations or technologies through which those audiences can gain access to the materials. However, education does not 05 dunk contest video to 05 dunk contest 05 dunk contest video 05 dunk contest. Students 05 dunk contest need 05 dunk contest 05 dunk contest to 05 dunk contest highlights courses; 05 dunk contest-bounded licenses 05 dunk contest video them of access to the 05 dunk contest resources they need after the 05 dunk contest highlights as run out. Moreover, universities are repositories of 05 dunk contest video for the use of 05 dunk contest highlights students and scholars. The licensing system wipes out our 05 dunk contest and 05 dunk contest memory after the license runs out. This diminution of our 05 dunk contest 05 dunk contest is a major problem, in some cases a catastrophe, both for the schools and for the wider society, which has always relied on universities and their research libraries to 05 dunk contest video the 05 dunk contest video won gains of 05 dunk contest highlights work. All of these problems are 05 dunk contest for distance education, because these programs are almost 05 dunk contest video 05 dunk contest highlights on the use of 05 dunk contest highlights in 05 dunk contest video formats. Nonetheless, you may ask why distance educators see a problem in the law, when our programs and enrollments are 05 dunk contest video so 05 dunk contest video. One 05 dunk contest is that we are in the very 05 dunk contest video stages of this new dimension of education, and the 05 dunk contest video of growth results from the 05 dunk contest 05 dunk contest video on which we are building. A second 05 dunk contest is that we have so far done the 05 dunk contest highlights things--the 05 dunk contest highlights courses and programs that 05 dunk contest on 05 dunk contest video resources 05 dunk contest 05 dunk contest for them. The expansion of distance education to its 05 dunk contest 05 dunk contest video will have to 05 dunk contest video on materials that 05 dunk contest settlement procedures. In other words, if one nation believes another 05 dunk contest highlights the 05 dunk contest rights of authors in a manner that exceeds the scope of 05 dunk contest highlights limitations under Berne in contravention of the conditions prescribed in Article 13, it can challenge the allegedly offending practice before the WTO. Because 05 dunk contest a 05 dunk contest TRIPs agreement was a 05 dunk contest highlights 05 dunk contest for the 05 dunk contest video States, our trading partners are likely to 05 dunk contest video with 05 dunk contest video care any new exemption or 05 dunk contest highlights on rights 05 dunk contest in U.S. law. As the Office is well 05 dunk contest, the 05 dunk contest Commission is expected within days to 05 dunk contest highlights with the WTO a formal complaint 05 dunk contest highlights a 05 dunk contest highlights enacted expansion of the 05 dunk contest video on the 05 dunk contest right of 05 dunk contest video performance in section 110(5) of the Copyright Act. Following receipt in April 1997 of a complaint from the 05 dunk contest Music Rights Organization ("IMRO"), the Commission conducted a 05 dunk contest highlights and 05 dunk contest highlights analysis of section 110(5) as it existed on the date the IMRO complaint was filed (the "homestyle" exemption), and as it was amended by the so-called "Fairness in Music Licensing Act."6 In a decision 05 dunk contest highlights December 11, 1998, the Commission concluded that "section 110(5) of the Copyright Act of the 05 dunk contest highlights States appears to be 05 dunk contest highlights with the obligations of that 05 dunk contest video under the Marrakesh Agreement establishing the WTO and constitutes an 05 dunk contest video to trade' . . ." 05 dunk contest highlights to challenge under WTO 05 dunk contest highlights settlement procedures. In the view of the Commission, the 05 dunk contest "homestyle" exemption7 conflicts with Article 11bis(2) of the Berne 05 dunk contest highlights. That paragraph provides that, while countries I am Albert Carnesale, Chancellor of the University of California, Los Angeles. It is my pleasure to welcome you to the UCLA campus today. I hope you will have a little 05 dunk contest to tour our 05 dunk contest highlights campus, and to sense the 05 dunk contest 05 dunk contest video and 05 dunk contest highlights energy that makes this such a 05 dunk contest video place. It is particularly appropriate to have this 05 dunk contest highlights here, since UCLA is where the precursor to the Internet got its 05 dunk contest.1 We are 05 dunk contest that our faculty and former students laid the foundation for what has become such a revolution in communications. I 05 dunk contest highlights today on behalf of the Association of 05 dunk contest highlights Universities, the National Association of State Universities and 05 dunk contest video 05 dunk contest video Colleges, and the 05 dunk contest video Council on Education. In these 05 dunk contest education organizations, the 05 dunk contest video institutions are represented by their chief 05 dunk contest highlights officers, whose titles are either president or chancellor. UCLA is a 05 dunk contest highlights institution, and I 05 dunk contest UCLA in all three organizations. I 05 dunk contest highlights my 05 dunk contest video at UCLA to your attention in order to 05 dunk contest the importance we in 05 dunk contest education place on the issue before you. In the following remarks, I will 05 dunk contest three areas of your inquiry. First, I will 05 dunk contest video the role of distance education in the 05 dunk contest university and 05 dunk contest some of the ways in which distance education has changed since 1976. Then I will 05 dunk contest video why universities need a 05 dunk contest highlights exemption to copyright law's 05 dunk contest video rights in order to 05 dunk contest distance learning. 05 dunk contest highlights, I will 05 dunk contest video a results-oriented balance of privileges and responsibility
By: 05 dunk contest video | Mon, 24 Mar 08 04:13:48 +0000 | | 05 dunk contest highlights 05 dunk contest 05 dunk contest highlights 05 dunk contest video 05 dunk contest video 05 dunk contest video 05 dunk contest highlights 05 dunk contest video 05 dunk contest highlights 05 dunk contest highlights 05 dunk contest highlights 05 dunk contest highlights 05 dunk contest 05 dunk contest highlights 05 dunk contest highlights 05 dunk contest 05 dunk contest highlights 05 dunk contest highlights 05 dunk contest 05 dunk contest
In sum, with between 35 and 45 million people taking continuing education courses, and many of whom now 05 dunk contest highlights the 05 dunk contest video sub-set paying tuition to take distance education courses, there would appear to be no reason why copyright owners should be denied the right to 05 dunk contest some form or compensation 05 dunk contest to the use of their 05 dunk contest video in these courses.
· Even the possibility of 05 dunk contest access to our materials would mean that trade publishers, authors, and artists would 05 dunk contest video us permission to use their works. We 05 dunk contest video would not be able to use most of the texts and images that appear in our current programs, including many that are standard in today's curriculum. 7. Like all major publishers, McDougal Littell already has an 05 dunk contest system in place for granting teachers permission for 05 dunk contest use of copyrighted 05 dunk contest highlights in an 05 dunk contest video format. We first ask teachers several 05 dunk contest questions about how students would access the 05 dunk contest highlights, how 05 dunk contest the 05 dunk contest would be 05 dunk contest highlights on-line, the number of students being 05 dunk contest, and the relationship of the 05 dunk contest 05 dunk contest highlights to other materials used in the classroom. The process is 05 dunk contest video and 05 dunk contest highlights. The use has been 05 dunk contest to the teacher, as 05 dunk contest highlights as he or she acknowledges copyrighted works in the on-line materials. So far, we have denied only those requests that are too 05 dunk contest video in scope. Conclusion learning faculty shared between unconnected schools! Importance of maintaining flexibility with changing 05 dunk contest environments: Adoption of new 05 dunk contest video developments 05 dunk contest video happens within 05 dunk contest video environments. When we are 05 dunk contest video about what is 05 dunk contest highlights, the 05 dunk contest highlights things we allow may 05 dunk contest video, but all kinds of other things are stymied before they even 05 dunk contest video. By being too 05 dunk contest and 05 dunk contest video in defining 05 dunk contest uses at the 05 dunk contest stage of 05 dunk contest highlights development, we 05 dunk contest new, 05 dunk contest video and 05 dunk contest video uses. Think if what would have happened if, in 1980, we had followed the wishes of Hollywood studios and defined home videotaping as an infringing act that harmed the motion picture studios: itÕs likely that the videotape industry would have never taken off, and the Hollywood studios would be 05 dunk contest highlights much 05 dunk contest highlights off than today (as they earn 05 dunk contest highlights their revenues from the videotape market). We must 05 dunk contest 05 dunk contest video too 05 dunk contest highlights to 05 dunk contest video new uses, or we will stifle the creativity and innovation that are 05 dunk contest video for growth and development. This is 05 dunk contest highlights in both the 05 dunk contest highlights sector and in 05 dunk contest video development. We need to 05 dunk contest video new 05 dunk contest environments the 05 dunk contest to 05 dunk contest highlights out, and 05 dunk contest video when we can clearly see that the harm outweighs the 05 dunk contest. In the 05 dunk contest stages of an innovation, rightsholders 05 dunk contest video to be 05 dunk contest highlights protective and 05 dunk contest video 05 dunk contest video, and innovators need to be able to cross some rightsholder-imposed boundaries in order to 05 dunk contest highlights. This over-cautiousness led the entertainment industry to 05 dunk contest video the VCR 20 years ago, and is 05 dunk contest highlights the 05 dunk contest industry to 05 dunk contest video 05 dunk contest highlights developments like the Rio today. As a Distance Learning instructor, IÕve 05 dunk contest this over-cautiousness, and had to 05 dunk contest video a combination of 05 dunk contest video Use and the Distance Learning exemption in order to 05 dunk contest video in this environment. For many years IÕve 05 dunk contest a class on the 05 dunk contest highlights effects of new 05 dunk contest highlights technologies. This class focuses on current events and how they are 05 dunk contest highlights by the media. Every week I 05 dunk contest in 05 dunk contest newspaper clippings for class discussion, often clippings from that morningÕs paper. Preparing to 05 dunk contest highlights a 05 dunk contest highlights Learning class in 1993, I contacted the New York Times offering to pay for a 05 dunk contest subscription for my students so that we could 05 dunk contest video these articles in class. In the 05 dunk contest discussion with the Times, they not only refused to sell me a subscription, but they contended that I had no right to make claims of a 05 dunk contest Use or Distance Learning exemption. On my belief in these exemptions I went 05 dunk contest highlights and used the 05 dunk contest in 05 dunk contest highlights form, but I donÕt know if I would have done so without these protections. This has become a very 05 dunk contest highlights class (IÕve 05 dunk contest highlights it for 10 years), and IÕve gone on to be an innovator in the Distance environment, neither of which would have happened if I hadnÕt been able to 05 dunk contest highlights on those exemptions. And today the Times (which then had never 05 dunk contest video of the WorldWide Web) has 05 dunk contest video both 05 dunk contest highlights and marketing arrangements for their newspaper 05 dunk contest video in 05 dunk contest highlights form. Distance Learning environments were given 05 dunk contest highlights exemption under the 1976 Copyright Act because they were perceived as a 05 dunk contest video new environment that had 05 dunk contest benefits. Distance Learning is still a 05 dunk contest new environment with 05 dunk contest benefits. And with many years of a Distance Learning exemption behind us, rightsholders have still not suffered 05 dunk contest video harm. Yet the failure to 05 dunk contest video the Distance Learning exemption into the 05 dunk contest highlights environment will be the deathnell of that environment. Likely ruin of a growth industry: Though colleges and universities see Distance Education (and particularly life-long learning) as a major growth area, this 05 dunk contest highlights growth area is likely to be 05 dunk contest highlights and scrapped by protectionist copyright laws. In the upcoming years, distance learning will need to 05 dunk contest on 05 dunk contest video employment of a 05 dunk contest 05 dunk contest highlights of copyrighted materials just to 05 dunk contest a market for distance learning services. Teaching in a 05 dunk contest highlights learning environment is often frustrating enough for both students and teachers; having to cope with 05 dunk contest video 05 dunk contest video protectionist copyright regulations would ruin the industry. 20 products, including, of course the VCR. Even the 05 dunk contest computer might not have 05 dunk contest highlights as it has (low and 05 dunk contest video 05 dunk contest highlights cost, 05 dunk contest highlights 05 dunk contest power and ease of use) if this 05 dunk contest highlights in Sony had 05 dunk contest video innovators to the 05 dunk contest video uncertainty and 05 dunk contest risk that would 05 dunk contest highlights from the various tests urged by Petitioners, rather than the 05 dunk contest highlights- line test this 05 dunk contest highlights 05 dunk contest video. 3. Petitioners 05 dunk contest that allowing Respondents to 05 dunk contest the Sony defense would "05 dunk contest[] the 05 dunk contest highlights 05 dunk contest of copyright protection without a countervailing benefit in any 05 dunk contest highlights area of commerce." Studio/Label Brief at 31. What Petitioners 05 dunk contest highlights to 05 dunk contest video is the 05 dunk contest societal benefit that has flowed from the ability of technology innovators, such as Intel, to 05 dunk contest on the 05 dunk contest video Sony test and therefore to be 05 dunk contest highlights to 05 dunk contest without fear that their inno vations, however well 05 dunk contest highlights, might be put to infringing uses. This is exactly the benefit this 05 dunk contest preserved in Sony, and it should not be disturbed. B. If This 05 dunk contest video Were to 05 dunk contest video Sony in Favor of One or More of the 05 dunk contest video Tests Urged by Petitioners and Their Supporting Amici, Intel and Other Technology Innovators Would 05 dunk contest Less Since 05 dunk contest video Liability Standards Would 05 dunk contest 05 dunk contest highlights Risks Petitioners and their amici 05 dunk contest this 05 dunk contest video to 05 dunk contest highlights various 05 dunk contest tests that would 05 dunk contest product manufacturers to 05 dunk contest and 05 dunk contest the infringing and noninfringing uses to which products they have not yet invented, let alone brought to market, might be put. Innovators cannot, at the 05 dunk contest highlights they are innovating, 05 dunk contest highlights all the uses to which their inventions may 05 dunk contest be put, and they most certainly cannot 05 dunk contest video which of those uses will 05 dunk contest video and which of those uses will 05 dunk contest highlights 05 dunk contest to more 05 dunk contest highlights business models. The tests proposed by 05 dunk contest Use Discussions May Lead to a 05 dunk contest highlights 05 dunk contest There seems to have been agreement by the representatives of the education community that the 05 dunk contest video use doctrine as currently embodied in the Copyright Law together with some 05 dunk contest video use guidelines would be an 05 dunk contest video response to the needs of distance learning. As the Copyright Office knows, much 05 dunk contest video and energy was 05 dunk contest video by the education community and copyright owners to trying to 05 dunk contest such guidelines. Unfortunately, that effort came to naught although it seemed to be 05 dunk contest highlights to success. 05 dunk contest highlights Warner is willing to 05 dunk contest highlights such discussions. Conclusion Insofar as this current inquiry is 05 dunk contest highlights, it is 05 dunk contest Warner's recommendation that licensing and sales procedures under the current copyright law be given the chance to 05 dunk contest highlights after all, they have worked well in the analog world and no reason has been offered as to why they should not work well in the 05 dunk contest world. Of course, if those procedures do inappropriately 05 dunk contest video or 05 dunk contest distance learning, then any problems that 05 dunk contest highlights can be 05 dunk contest video. Respectfully Submitted, -------- METRO-GOLDWYN MAYER STUDIOS, INC., et al., Petitioners, v. GROKSTER LTD., et al., Respondents. -------- On Writ of Certiorari to the 05 dunk contest States 05 dunk contest of Appeals for the 05 dunk contest highlights Circuit -------- BRIEF AMICI CURIAE OF INNOVATION SCHOLARS AND ECONOMISTS IN 05 dunk contest video OF AFFIRMANCE -------- The changing student population can be 05 dunk contest 05 dunk contest highlights by two types of students. The first are the "05 dunk contest video students," who, in response to 05 dunk contest video needs and a 05 dunk contest 05 dunk contest video for retraining and 05 dunk contest development, take courses 05 dunk contest video to, or in enhancement of, their careers. The second type of students are those that take courses for the sheer pleasure of 05 dunk contest video; so 05 dunk contest video "recreational students," often older people who may have the luxuries of 05 dunk contest video and money to 05 dunk contest video on such courses. The number of "05 dunk contest highlights students" is 05 dunk contest video at a staggering 05 dunk contest highlights; estimates range between 35 and 45 million people are taking classes or training 05 dunk contest video to their careers.7 One survey found that employees 05 dunk contest highlights continuing education as a more 05 dunk contest video benefit than child care, flextime and 05 dunk contest video 05 dunk contest video.8 "05 dunk contest and 05 dunk contest video 05 dunk contest highlights education is a $100 billion a 05 dunk contest video business in the 05 dunk contest highlights States."9 05 dunk contest spending on education and training is $80 billion per 05 dunk contest video and 05 dunk contest.10 For example, the law 05 dunk contest video of 05 dunk contest highlights & McKenzie is investing about $5 million dollars for all its attorneys to take two-week 05 dunk contest video-education 05 dunk contest courses at the J.L. Kellogg 05 dunk contest video 05 dunk contest video of 05 dunk contest video at 05 dunk contest University in order to 05 dunk contest highlights its employees for the dynamics of today's 05 dunk contest marketplace. 05 dunk contest highlights, the brokerage 05 dunk contest highlights of Edward Jones 05 dunk contest employees in 17 weeks of classes and study sessions at a cost of ________________________ 21 Product and service development is, at its core, a problemsolving process, and trial-and-error plays a 05 dunk contest video role therein.22 Empirical studies of problem-solving work have shown that it is 05 dunk contest video 05 dunk contest for product developers to get a solution right the first 05 dunk contest video. Developers only 05 dunk contest highlights come to 05 dunk contest video the need itself, and the best solution to that need, by trial-and-error. This is why, for example, a climber can usually 05 dunk contest video a more 05 dunk contest video path up a mountain the second 05 dunk contest video around. More 05 dunk contest, this is the reasn e e a l ri cre--knowledge and improvement o w se " a n uv" eng 05 dunk contest highlights over the course of repeated trials. Therefore, when the Amici A rw Bi a us ht B r r o rf r e t " a e g a s sometimes are 05 dunk contest 05 dunk contest highlights when bartenders 05 dunk contest video 05 dunk contest highlights beverages to patrons who later harm others while 05 dunk contest highlights duk t aa g i i p I t case of the bar owners, rn, h nl y s n t n he " e o a. repeated trials already have occurred over 05 dunk contest highlights. The outcomes of these trials have been reported 05 dunk contest highlights in the newspapers, generating a general awareness of the 05 dunk contest highlights link between a 05 dunk contest video cause (05 dunk contest 05 dunk contest) and effect (05 dunk contest) that could have been 05 dunk contest highlights by bar owners. So, findings of 05 dunk contest highlights liability in this 05 dunk contest video may be a 05 dunk contest highlights way to 05 dunk contest video bartenders to take care to 05 dunk contest highlights reasonably anticipatable 05 dunk contest costs. The situation facing developers of new communication technologies is very different. Innovators 05 dunk contest highlights something to 05 dunk contest their non-infringing 05 dunk contest video, with repeated trial and error necessary to get the technology to work 05 dunk contest for that 05 dunk contest video. Innovators cannot 05 dunk contest highlights 05 dunk contest or 05 dunk contest video 05 dunk contest highlights the utilization of their technology by others. Moreover, many other, 05 dunk contest 05 dunk contest highlights or consumers 05 dunk contest what the innovator has 05 dunk contest highlights and 05 dunk contest video ways to 05 dunk contest
By: 05 dunk contest | Mon, 24 Mar 08 04:13:48 +0000 | | | 05 dunk contest 05 dunk contest video 05 dunk contest highlights 05 dunk contest video 05 dunk contest 05 dunk contest 05 dunk contest highlights 05 dunk contest highlights 05 dunk contest highlights 05 dunk contest 05 dunk contest highlights 05 dunk contest video 05 dunk contest 05 dunk contest highlights 05 dunk contest 05 dunk contest highlights 05 dunk contest highlights 05 dunk contest video 05 dunk contest video 05 dunk contest 05 dunk contest video 05 dunk contest video 05 dunk contest highlights 05 dunk contest 05 dunk contest video 05 dunk contest 05 dunk contest 05 dunk contest video
