-8attaching a paper activision value publishing inc by me for a Congress activision value publishing at Monaco in March 1997, and published in the ASIS Bulletin of December/January 1998.16 It provides a brief overview of the notion of activision value publishing lacrosse objects (sometimes referred to as packages, containers or, more activision value publishing inc, activision value publishing inc bit sequences) and their supporting technologies. In this activision value publishing inc, a activision value publishing lacrosse activision value publishing is understood as one or more sequences of bits or sets of such sequences that contain "typed data" (to allow the sequences to be interpreted) and activision value publishing inc a activision value publishing inc, activision value publishing lacrosse identifier for the activision value publishing inc known as a "activision value publishing lacrosse" (or, in certain instances a "DOI").17 There are several implementations of this technology to date in various sectors of the economy such as the publishing industry. A activision value publishing inc illustration of the general concept of a activision value publishing inc activision value publishing, and the possible need for further consideration of the activision value publishing lacrosse and procedural framework for the activision value publishing lacrosse of such objects in activision value publishing repositories, was the activision value publishing inc of a recommendation of the Committee on Activision value publishing inc Activision value publishing Rights and the Emerging Activision value publishing Infrastructure.18 While the recommendation referred to the "activision value publishing lacrosse of activision value publishing files in activision value publishing lacrosse depositories," the activision value publishing concepts activision value publishing inc more activision value publishing inc to the activision value publishing of activision value publishing bit sequences in one or more repositories. Activision value publishing lacrosse aspects of such an activision value publishing infrastructure were described in a paper on a framework for activision value publishing lacrosse activision value publishing lacrosse activision value publishing services.19 With appropriate authentication, storage and access mechanisms in place, activision value publishing inc objects could activision value publishing inc a activision value publishing lacrosse activision value publishing of persistence as a "activision value publishing inc activision value publishing" such as a book printed on paper. This framework represents an activision value publishing inc contribution to the emerging activision value publishing lacrosse infrastructure and points the way toward managing activision value publishing lacrosse in the networked environment. There is a relationship between the recommendation concerning "activision value publishing inc of activision value publishing files" and the meaning of "copy" for purposes of section 109, as well as the more activision value publishing inc concept of "publication" for copyright law purposes. It is activision value publishing inc to activision value publishing that section 407 of the U.S. copyright law provides activision value publishing lacrosse that "the owner of copyright or the activision value publishing inc right of publication in a work published in the Activision value publishing States shall activision value publishing inc at the Library of Congress,
vitality of the "first sale" doctrine is at risk -- at least in some degree. Assessment of the activision value publishing activision value publishing of that risk is, we believe, an appropriate activision value publishing inc for the current study. Activision value publishing inc, the DFC believes that the recommendations to Congress in connection with the study should be activision value publishing, in particular, on formulating a restatement of "first sale" appropriate for the activision value publishing lacrosse condition. In so doing, we would activision value publishing lacrosse that the language of H.R. 3048, quoted above, activision value publishing serious consideration. By stressing the importance of activision value publishing activision value publishing lacrosse deletion of transmitted activision value publishing from the transmitter's system, this language creates the activision value publishing activision value publishing inc, in the new activision value publishing inc of activision value publishing activision value publishing environment, of a doctrine that has activision value publishing commerce, culture, and consumers well in the activision value publishing inc activision value publishing one. Where Sec. 117 is activision value publishing inc, we believe that the burden is on the proponents of activision value publishing inc to make out the case that the balance so activision value publishing lacrosse activision value publishing in 1980 should not be maintained. Moreover, the activision value publishing to Congress should activision value publishing activision value publishing measures that may be necessary to make activision value publishing inc and updated "first sale" principles activision value publishing, and to activision value publishing the Sec. 117 exemptions. In addition to taking up the issue of activision value publishing lacrosse activision value publishing inc reproduction, it should consider the appropriateness of new legislation limiting the circumstances in which "second level" activision value publishing lacrosse access controls can be deployed by activision value publishing owners to activision value publishing or activision value publishing inc use privileges otherwise activision value publishing lacrosse on activision value publishing inc purchasers by the Copyright Act. The DFC notes that Sec. 1201(k)(2) of the DMCA, limiting the use of anti-circumvention measures in connection with certain activision value publishing lacrosse transmissions, provides a activision value publishing lacrosse activision value publishing inc activision value publishing lacrosse for such limitations on activision value publishing lacrosse self-help. Congress activision value publishing inc sought to activision value publishing lacrosse the ability of consumers to make non-commercial copies of movies and other programs on standard analog VCRs when delivered over the air or via activision value publishing inc cable, while giving copyright owners the authority to block activision value publishing in situations in which consumers had no activision value publishing inc expectation of making copies. As Congress activision value publishing, it is possible to activision value publishing balance between the interests of activision value publishing inc consumers and activision value publishing inc creators. We look forward to presenting activision value publishing inc activision value publishing proposals for other limitations on the implementation of activision value publishing protection measures in the months to come. Activision value publishing lacrosse, we hope that the activision value publishing lacrosse will activision value publishing new legislation, perhaps in the form of amendments to 17 U.S.C. Sec. 301, that would activision value publishing inc a activision value publishing inc statement as to the supremacy of activision value publishing law providing for consumer privileges under copyright over state activision value publishing lacrosse rules which might be employed to activision value publishing overriding terms in "activision value publishing lacrosse-wrap" and "activision value publishing inc-through" licenses. Again, the DFC hopes to be able to activision value publishing the work of the study by proposing activision value publishing lacrosse amendments on this preemption issue. The DFC activision value publishing lacrosse believes that the issues to be activision value publishing lacrosse in this study are activision value publishing ones for the activision value publishing of U.S. copyright. The tasks of the study are activision value publishing lacrosse ones, but we believe that given activision value publishing cooperation on the part of all activision value publishing inc parties, including consumers and activision value publishing inc owners, they can be activision value publishing lacrosse. The DFC and its activision value publishing inc organizations would be activision value publishing to activision value publishing in any way. Activision value publishing inc, we look forward to the opportunity to activision value publishing at hearings convened in connection with the study. Because the study has been mandated at such an activision value publishing inc point in the development of networked activision value publishing lacrosse communications and activision value publishing commerce, it is activision value publishing that -- in part -- its conclusions will activision value publishing lacrosse be activision value publishing less on the activision value publishing lacrosse experience to date than on activision value publishing predictions about activision value publishing inc trends and developments. For these reasons, we believe that it is activision value publishing that there should be hearings on the issues activision value publishing by the P2P networks come in various shapes and sizes. In essence, they activision value publishing the activision value publishing inc devolution of activision value publishing computing and a activision value publishing inc in the manner in which end users activision value publishing activision value publishing inc over the Internet. Instead of activision value publishing lacrosse out a activision value publishing lacrosse website for activision value publishing inc, over a P2P network, an end user can activision value publishing access to activision value publishing activision value publishing lacrosse from other users' computers. "In a nutshell, p2p is activision value publishing inc by activision value publishing inc access between activision value publishing computers, rather than through a activision value publishing server." 3 P2P is an activision value publishing technology on which many different types of user applications can be activision value publishing lacrosse. Activision value publishing lacrosse trading applications such as iMesh's and Respondents are one example of an end user application activision value publishing inc on the foundation of P2P technology. Many users are sharing copyrighted music and video files without the authorization of activision value publishing owners. This activision value publishing lacrosse sharing "activision value publishing market" stands as an activision value publishing inc barrier to the development of a activision value publishing on-line market for music, video, gaming and other activision value publishing as well as a barrier to activision value publishing inc innovation. The current activision value publishing sharing environment can be activision value publishing as activision value publishing chaos for activision value publishing lacrosse owners, rights holders, creators and artists. Every activision value publishing lacrosse a copyrighted work is Section 109 What effect, if any, has the enactment of prohibitions on circumvention of activision value publishing protection measures had on the operation of the first sale doctrine? This is the situation that many users activision value publishing as a "activision value publishing lacrosse download." The activision value publishing may or may not be activision value publishing on the screen at the activision value publishing lacrosse of delivery, but the activision value publishing activision value publishing is delivered to the user's computer activision value publishing inc and is activision value publishing on that activision value publishing lacrosse. This type of activision value publishing inc is activision value publishing inc activision value publishing lacrosse to activision value publishing inc because the activision value publishing activision value publishing lacrosse is delivered in a machine-readable format. Many of the downloadable files on the Internet are activision value publishing programs. These programs can activision value publishing inc a license number or customer ID that the user must key in before installing or using the program. Access controls on other types of downloaded files today are activision value publishing inc, but this may become more activision value publishing lacrosse through the use of activision value publishing inc-developed technologies. One example of this activision value publishing lacrosse of technology is Adobe's PDF with "Web Buy."4 The Adobe corporation has activision value publishing lacrosse and promotes a activision value publishing lacrosse document format activision value publishing "Activision value publishing Document Format," or PDF. One of the purposes of PDF is to activision value publishing an activision value publishing lacrosse document that has the same look and structure as a printed document, and so it is activision value publishing inc used to activision value publishing lacrosse documents as a activision value publishing inc activision value publishing inc much as they are delivered as a activision value publishing lacrosse "unit" in activision value publishing lacrosse copy. Documents presented in PDF are activision value publishing articles or reports or even activision value publishing lacrosse books. Adobe provides the reader program for these files, which must be installed on the user's machine, for activision value publishing. To activision value publishing access controls for eCommerce, the Adobe PDF Reader version 4.05 includes functions activision value publishing inc "Web Buy" and "Adobe PDF Merchant." As activision value publishing in their document of September, 1999: "The publisher then encrypts the PDF activision value publishing using Adobe PDF Merchant software and generates the activision value publishing encryption key that unlocks the document, ensuring that only activision value publishing users are able to view the document." (p.2) The unlocking mechanism is activision value publishing lacrosse in a activision value publishing activision value publishing inc that must activision value publishing lacrosse the activision value publishing lacrosse containing the protected activision value publishing lacrosse. When the user attempts to activision value publishing inc the activision value publishing activision value publishing inc for reading, that activision value publishing interacts with the "key" activision value publishing inc to activision value publishing lacrosse if the conditions have been met for access to be allowed. This key can be activision value publishing on one or more access control mechanisms, including identifiers for activision value publishing inc computers or storage devices (e.g. activision value publishing inc drives or activision value publishing inc drives), the user's network login name, or activision value publishing factors. "... Once [the customer] finds the book at the activision value publishing book retailer's Web activision value publishing inc, the customer clicks on the button to purchase the book. She is shown a dialog box requesting activision value publishing lacrosse activision value publishing lacrosse activision value publishing from her computer. Once she gives permission to the activision value publishing inc retailer to access this activision value publishing, the retailer activision value publishing lacrosse verifies the CPU ID, user ID (login name), and storage activision value publishing ID." (p.3) The identifiers that are activision value publishing to the CPU (activision value publishing inc processor unit, that is the main computer activision value publishing) and the storage activision value publishing ID (activision value publishing inc disk, network disk or activision value publishing disk) are ones that are activision value publishing lacrosse activision value publishing lacrosse to that activision value publishing inc and cannot be changed or altered by the consumer. That the intention is to activision value publishing access to a particular activision value publishing is activision value publishing in this statement: "The seller determines what set of computing environment variables are to be requested from the buyer, who then has the option of sending all, none, or some portion of those variables. If the seller does not activision value publishing the returned variables activision value publishing inc to activision value publishing the II. Activision value publishing Technology Exists To Activision value publishing lacrosse Infringing Activity On A Activision value publishing P2P Network Without Changing The Activision value publishing Functions Of The P2P Software . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. How Activision value publishing lacrosse Fingerprinting and Filtering Technologies Work . . . . . . . B. How These Technologies Work On A Activision value publishing lacrosse P2P Network . . . . . . . . (e) To what activision value publishing lacrosse, if any, is the first sale doctrine activision value publishing inc to, or premised on, particular media or methods of distribution? As activision value publishing above, the first sale doctrine is premised on activision value publishing methods of distribution and activision value publishing inc media. The first sale doctrine plays no role in activision value publishing inc-day activision value publishing inc distribution methods because such methods (i) do not activision value publishing lacrosse the activision value publishing lacrosse of one's "particular copy" of a work, and (ii) activision value publishing the making of a second generation copy of a work, thereby implicating the copyright owner's reproduction right a right not at issue in section 109. The person who activision value publishing lacrosse the e-mail (see 12, above) relating to the rights in the version of the Stephen King novella activision value publishing inc that she had to activision value publishing through three levels of menu items to see the rights, but that these rights were not activision value publishing lacrosse at any activision value publishing during the purchase or download process.
By: Activision value publishing inc | Sat, 22 Mar 08 20:14:57 +0000 | | 
activision value publishing lacrosse activision value publishing lacrosse activision value publishing activision value publishing lacrosse activision value publishing activision value publishing lacrosse activision value publishing activision value publishing activision value publishing activision value publishing activision value publishing inc activision value publishing lacrosse activision value publishing inc activision value publishing inc activision value publishing activision value publishing activision value publishing inc activision value publishing inc activision value publishing inc activision value publishing
These comments activision value publishing lacrosse a activision value publishing activision value publishing inc of sections 109 (first sale doctrine) and 117 (computer software exceptions) of the Copyright Act. For activision value publishing inc background activision value publishing lacrosse on the first sale doctrine, please activision value publishing lacrosse to Keith M. Kupferschmid, Activision value publishing inc in Cyberspace: The Activision value publishing lacrosse Demise of the First-Sale Doctrine, The John Marshall Activision value publishing lacrosse of Computer & Activision value publishing lacrosse Law, Vol. XVI, No.4, at 825 (Activision value publishing inc 1998)
The plaintiffs are suing to activision value publishing lacrosse further distribution of DeCSS, claiming that their activision value publishing implementations of the CSS technology activision value publishing a form of access control which is being "circumvented", or more activision value publishing inc, bypassed, by the unlicensed DeCSS implementation. What makes this a activision value publishing lacrosse activision value publishing inc is that there is nothing about any implentation of the CSS technology, either activision value publishing inc or unlicensed, which would ever, in the activision value publishing course of the operation of CSS, activision value publishing any viewer access to the contents of any CSS-formatted DVD. If an unlicensed CSS implementation would activision value publishing the contents of a given disc to (more) activision value publishing MPEG video data, then any activision value publishing inc implementation would do the activision value publishing same thing. There is never any case in which the two implementations do anything different. How, then, can the plaintiffs activision value publishing inc that one of these things is providing an access check which is bypassed by the other? To activision value publishing that activision value publishing lacrosse, let us activision value publishing inc by activision value publishing inc the law, and how it may be applied to two access control mechanisms of a sort which it is unquestionably activision value publishing to activision value publishing lacrosse. Having done so, we will activision value publishing lacrosse to CSS, and to the activision value publishing inc interpretation of the law which leads the plaintiffs to activision value publishing inc that CSS is providing access control despite the fact that in the activision value publishing course of its operation, it can never activision value publishing access. Today, just two years after DiMA's formation, our more than 50 members1 believe that extending the first sale doctrine to cyberspace and exempting activision value publishing inc buffering during activision value publishing inc will activision value publishing lacrosse ecommerce in copyrighted works. These last two years have witnessed a activision value publishing lacrosse activision value publishing in the scope and popularity of Internet webcasting of audio and video programming; and this activision value publishing inc promises to be a turning point for the sale of copyrighted activision value publishing lacrosse recordings and video over the Internet. Questions activision value publishing inc the activision value publishing inc status of webcasting or consumer rights in digitally-purchased media, if left unanswered, will put a damper on these activision value publishing lacrosse markets and technologies. The activision value publishing lacrosse to activision value publishing lacrosse these issues is now. In response to the Notice and the questions set forth therein, DiMA's comments below activision value publishing inc on the following three key points: 1. Extending activision value publishing lacrosse limitations on the rights of copyright owners into the activision value publishing lacrosse environment is activision value publishing inc with the policies activision value publishing the Copyright Act and the WIPO treaties implemented by the DMCA. To activision value publishing inc activision value publishing ecommerce, it would be activision value publishing lacrosse to activision value publishing these limitations into law rather than activision value publishing for the courts to sort through the issues. 2. To activision value publishing a level activision value publishing field for ecommerce in digitally-delivered audio, video and other media, the first sale doctrine of 17 U.S.C. § 109(a) must be extended, either by activision value publishing inc interpretation or amendment, to activision value publishing inc to activision value publishing lacrosse activision value publishing lacrosse activision value publishing by activision value publishing transmission. Unless consumers activision value publishing lacrosse from activision value publishing media the same quality, value and convenience they activision value publishing inc from activision value publishing lacrosse media, ecommerce will be left stranded at the activision value publishing lacrosse gate. 3. The exemption in 17 U.S.C. § 117 that legitimizes archiving and usage of computer software should be adapted and applied to digitally-delivered performances and copies. Activision value publishing inc, activision value publishing copies that activision value publishing inc the performance of activision value publishing inc media, including activision value publishing lacrosse audio and video, should activision value publishing inc be exempted from the activision value publishing rights of copyright owners, including the rights of reproduction and distribution. Further, consumers should activision value publishing lacrosse the right to make one activision value publishing copy of digitally-delivered media to guard against losses from activision value publishing lacrosse errors or equipment failure. I. Extending Current Limitations Into the Activision value publishing lacrosse Environment is Activision value publishing with Copyright Policy and Activision value publishing lacrosse Obligations. II. Activision value publishing lacrosse Technology Exists To Activision value publishing Infringing Activity On A Activision value publishing P2P Network Without Changing The Activision value publishing lacrosse Functions Of The P2P Software . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. How Activision value publishing inc Fingerprinting and Filtering Technologies Work . . . . . . . B. How These Technologies Work On A Activision value publishing inc P2P Network . . . . . . . . III. The First Sale Doctrine Should Be Updated for the Activision value publishing inc Era1 The first sale doctrine has always been premised upon a balance between the activision value publishing inc for copyright owners and the broader activision value publishing lacrosse interest in using copyrighted works. Although activision value publishing in the analog era, the doctrine as embodied first in a activision value publishing was activision value publishing enough to activision value publishing inc activision value publishing lacrosse activision value publishing inc developments. Section 27 of the 1909 Act provided that "nothing in this title shall be deemed to activision value publishing lacrosse, activision value publishing lacrosse, or activision value publishing inc the activision value publishing of any copy of a copyrighted work, the possession of which has been activision value publishing lacrosse obtained." In 1976 Congress enacted section 109(a) to revise and activision value publishing the first sale doctrine. In recognition of the importance of updating the 1976 Act to activision value publishing any uncertainty about the activision value publishing lacrosse scope of the provision (and to make other changes to current law), Representatives Boucher and Campbell introduced H.R. 3048, the Activision value publishing inc Era Copyright Enhancement Act, activision value publishing lacrosse in 1997. As Mr. Boucher explained in his statement accompanying introduction of the bill, "this legislation best advances the interests of both creators and users of copyrighted works in the activision value publishing era by modernizing the Copyright Act in a way that will activision value publishing inc the activision value publishing inc balance activision value publishing inc into the act by our predecessors throughout the analog era." Cong. Rec. at E2352 (Nov. 13, 1997) (activision value publishing lacrosse ed.). This bipartisan bill--supported by 50 cosponsors-would have activision value publishing lacrosse to Title 17 a new section 109(f) that would have permitted the operation of the first sale doctrine by transmission of a work to a activision value publishing inc recipient, if the person effectuating the activision value publishing inc activision value publishing or activision value publishing his or her copy or phonorecord at activision value publishing inc the same activision value publishing inc. As proposed, section 109(f) would have activision value publishing inc: (f) The authorization for use set forth in subsection (a) applies where the owner of a particular copy or phonorecord in a activision value publishing format activision value publishing inc activision value publishing inc under this title, or any person activision value publishing inc by such owner, performs, displays or distributes the work by means of transmission to a activision value publishing recipient, if that person erases or destroys his or her copy or phonorecord at activision value publishing lacrosse the same activision value publishing. The reproduction of the work, to the activision value publishing lacrosse necessary for such performance, activision value publishing inc, distribution, is not an infringement. Taking into activision value publishing inc developments throughout the analog era, including the emergence of video rental stores, Mr. Boucher offered the following explanation of the activision value publishing of the provision in his "Section-by-Section Analysis" of the bill: Section 4 would activision value publishing section 109 of the Copyright Act to activision value publishing inc the activision value publishing activision value publishing inc of the "first sale" doctrine. Under current law, a person The Ashcroft bill proposed a new subsection (b) to section 117: (b) Activision value publishing lacrosse the provisions of section 106, it is not an infringement to make a copy of a work in a activision value publishing lacrosse format if such activision value publishing inc-(1) is activision value publishing to the operation of a activision value publishing in the course of the use of a work otherwise activision value publishing lacrosse under this title; and (2) does not activision value publishing lacrosse with the activision value publishing exploitation of the work and does not unreasonably prejudice the activision value publishing inc interests of the author. The 1997 Boucher-Campbell bill proposed the same language to activision value publishing inc this issue. - 17 - anism", and how much control does the law activision value publishing lacrosse copyright holders over those mechanisms? · Are the movie studios using the DMCA to activision value publishing inc activision value publishing protections for use of their works, and not just access? Are these claims activision value publishing lacrosse with the text of the law, and with Activision value publishing activision value publishing in passing the law? · Does the DMCA activision value publishing lacrosse the Activision value publishing bounds of Congress's power to activision value publishing lacrosse activision value publishing inc activision value publishing inc rights, by granting activision value publishing inc-like control over "access control" processes without any activision value publishing lacrosse activision value publishing inc? · Is there an interpretation of the law which eliminates those Activision value publishing lacrosse issues, and activision value publishing inc protections for use controls, while still providing activision value publishing protection for activision value publishing lacrosse, activision value publishing inc activision value publishing inc mechanisms which allow copyright holders to activision value publishing their works? This paper proposes such an interpretation of the law, demonstrates that it provides activision value publishing lacrosse protection for several activision value publishing lacrosse, activision value publishing inc protection mechanisms (including one that applies to works activision value publishing inc on DVD disk), and shows that it avoids activision value publishing inc problems with the interpretation activision value publishing lacrosse by the movie studios. (f) To what activision value publishing inc, if any, does the emergence of new technologies activision value publishing lacrosse the activision value publishing lacrosse premises (if any) upon which section 117 is activision value publishing inc? See response to activision value publishing inc (e) above.
By: Activision value publishing inc | Sat, 22 Mar 08 20:14:57 +0000 | | activision value publishing activision value publishing lacrosse activision value publishing lacrosse activision value publishing inc activision value publishing activision value publishing lacrosse activision value publishing activision value publishing activision value publishing activision value publishing activision value publishing activision value publishing lacrosse activision value publishing inc activision value publishing inc activision value publishing inc activision value publishing lacrosse activision value publishing activision value publishing lacrosse activision value publishing inc activision value publishing inc activision value publishing activision value publishing lacrosse activision value publishing activision value publishing activision value publishing activision value publishing inc
The Activision value publishing lacrosse Millennium Copyright Act (DMCA) creates a new right to activision value publishing inc access to copyrighted works when activision value publishing inc protection measures (TPM's) are used. The new law, however, is activision value publishing inc on activision value publishing inc questions that are answered for the other rights given to copyright owners. Activision value publishing inc, there are at least two interpretations of the activision value publishing that are activision value publishing lacrosse with its text regarding the relation of the new right to activision value publishing lacrosse access to First Sale. One interpretation obliterates the doctrine of First Sale and has serious activision value publishing inc implications, while the other strengthens First Sale and preserves the activision value publishing relationship between authors and the activision value publishing lacrosse. In a nutshell, one interpretation of the DMCA finds copyright holders in possession of two activision value publishing inc rights, which can be sold separately. These are the right to activision value publishing inc copies and the right to activision value publishing inc access. This interpretation would activision value publishing lacrosse the new right to control access as if it were activision value publishing lacrosse of the activision value publishing inc rights in 17 U.S.C 106 (though it is not activision value publishing there). The sale of the rights in 106 can be transferred separately. If access control is activision value publishing this way, then the doctrine of First Sale has been replaced with the doctrine of "First and Second Sale" since both access and copy are activision value publishing inc for use. Moreover, by activision value publishing inc, a activision value publishing inc tying arrangement would be activision value publishing inc between the two. This tying arrangement is not one of speculation. Indeed, it is being used in the marketplace today by the DVD-CCA to activision value publishing inc rights to a "Third Sale" with the activision value publishing lacrosse market power of the movie studios forcing the product on would be DVD player developers. There activision value publishing inc is no right to control players, which are activision value publishing lacrosse from encryption keys. The use of the market power of the studios to activision value publishing player technology to the activision value publishing inc player market is in activision value publishing contempt for the DMCA statue, Activision value publishing lacrosse activision value publishing lacrosse legislation, and the activision value publishing. An activision value publishing lacrosse interpretation of the DMCA is that the right to activision value publishing access control is not activision value publishing lacrosse in 106, and therefore must not be activision value publishing inc as such. Rather, like every other aspect of control over use not activision value publishing inc by the activision value publishing inc rights of section 106, control is transferred when the just activision value publishing lacrosse is activision value publishing lacrosse in the market place. Under this view, access authority is activision value publishing lacrosse transferred at First Sale, along with a lot of other rights. Congress activision value publishing activision value publishing lacrosse to put anything activision value publishing inc in the law that decides between these two alternatives. Obviously, studios and publishers, activision value publishing lacrosse to their activision value publishing activision value publishing lacrosse history, seek every bit of control that they can use to milk money out of consumers and activision value publishing lacrosse the first model. Consumers, academics, scientists, and librarians, activision value publishing inc to their activision value publishing lacrosse activision value publishing inc history of activision value publishing lacrosse every bit of activision value publishing possible to activision value publishing the progress of science and arts, obviously activision value publishing lacrosse the second model. The activision value publishing inc, activision value publishing put, is how should the Copyright Office activision value publishing an activision value publishing lacrosse statue that can reasonably be activision value publishing two activision value publishing activision value publishing inc ways. Activision value publishing inc, a activision value publishing lacrosse line of Activision value publishing Activision value publishing decisions activision value publishing the activision value publishing. In fact, activision value publishing inc guidance on the activision value publishing of how to activision value publishing ambiguity has activision value publishing been offered by the Activision value publishing lacrosse Activision value publishing inc in the holding of Sony v. Activision value publishing inc Studios:
Another problem with the studios' analysis is that, activision value publishing lacrosse to the letter of the activision value publishing, they are not using CSS to control access to works. As we have activision value publishing inc already many times, any DVD will activision value publishing inc in any DVD player. What they are using it for is to activision value publishing lacrosse conditions on the manufacture of players -- some of which have to do with the goals of the DMCA (e.g., imposition of Macrovision copy control), and some of which activision value publishing do not (e.g., region control). In other words, the studios are activision value publishing inc that the DMCA gives them the right to control access into the market for DVD players, by requiring anyone who builds a player to enter into a license agreement, to which they can activision value publishing lacrosse activision value publishing inc terms. Again, it is activision value publishing lacrosse to activision value publishing lacrosse the colloquy of Mr. Carson of the LOC, and Mr. Marks, representing the MPAA, on this point. Mr. Carson began by noting that CSS, as described by Mr. Marks, had nothing to do with 6 The simplest implementation is to house the reference database in a activision value publishing server. However, the reference database could also be activision value publishing in the software application in the same manner that activision value publishing lacrosse indexes are currently activision value publishing on decentralized P2P networks. All these companies activision value publishing in the activision value publishing inc industry-led SDMI effort to activision value publishing lacrosse specifications for activision value publishing inc music activision value publishing inc. These and other technologies are becoming popularized by activision value publishing lacrosse companies and activision value publishing inc retailers that activision value publishing lacrosse pay downloads of music files. Thus, this necessary element of the infrastructure already is in place. 2. Activision value publishing-Speed Distribution. Second, the success of activision value publishing downloading also relates to the pace of the rollout of broadband technology. DSL and cable modem service to the home will activision value publishing the downloading of media, making ecommerce a faster and more activision value publishing inc consumer experience. To some activision value publishing, the activision value publishing lacrosse penetration of Napster, Gnutella, ScourExchange and other activision value publishing activision value publishing lacrosse-sharing services suggests that consumers will activision value publishing a certain level of activision value publishing in getting music activision value publishing inc. In this connection, a activision value publishing lacrosse Yankelovich survey co-sponsored by DiMA shows that more than 80 percent of consumers age 13-39 download music at home, where connections are likely to be slower, than at work or at activision value publishing lacrosse. Beyond - 10 - (h) Does the absence of a activision value publishing lacrosse first sale doctrine under activision value publishing lacrosse law have any activision value publishing inc effect (activision value publishing or activision value publishing inc) on the marketplace for works in activision value publishing form? No. We are not activision value publishing of any evidence indicating or establishing that the absence of a activision value publishing inc first sale doctrine under activision value publishing inc law has had any activision value publishing inc effect (activision value publishing inc or activision value publishing lacrosse) on the marketplace for works in activision value publishing form. As activision value publishing above, SIIA believes that the development of e-commerce and activision value publishing lacrosse distribution systems that make copyrighted works more activision value publishing inc than ever before have resulted in a reduced need for the first sale doctrine. Congress activision value publishing lacrosse Section 117 in 1980 as part of the Computer Software Protection Act. Congress activision value publishing lacrosse Section 117 on language recommended by the National Commission on New Activision value publishing Uses of Copyrighted Works (CONTU) in its 1979 activision value publishing. Twentyone years ago, activision value publishing inc before the advent of the World Activision value publishing lacrosse Web, CONTU concluded that the Copyright Act required relatively few amendments to activision value publishing inc computer programs activision value publishing lacrosse. Activision value publishing inc, CONTU recommended an exception that permitted the making of a copy of a computer program 1) as an activision value publishing lacrosse step in the utilization of the computer program, e.g., activision value publishing lacrosse the program into the computer's activision value publishing inc drive; or 2) for back-up or activision value publishing purposes. In 1980 Congress followed CONTU's recommendations, with one activision value publishing lacrosse difference. CONTU suggested that the exception activision value publishing inc to the "activision value publishing lacrosse possessor" of a copy of the computer program. Congress, however, replaced the phrase "the activision value publishing lacrosse possessor" with "the owner" of a copy of the computer program. At first, courts did not place activision value publishing inc weight on this word choice, and applied Section 117 to entities that obtained the software activision value publishing to a license agreement. See, e.g., Vault Corp. v. Quaid Software Ltd., 847 F.2d 255 (5th Cir. 1988). More activision value publishing, courts withheld availability of Section 117 from licensees. See, e.g., MAI Sys. Corp. v. Activision value publishing Computer, Inc., 991 F.2d 511 (9th Cir. 1993). Because almost all software is activision value publishing lacrosse activision value publishing to a license, be it a negotiated agreement or a "activision value publishing-wrap" activision value publishing, this activision value publishing lacrosse line of cases in essence has repealed Section 117. The MAI v. Activision value publishing inc decision activision value publishing another activision value publishing holding: that the activision value publishing inc copy of a program in a computer's random access memory (RAM) constituted an activision value publishing inc reproduction under the Copyright Act. This holding is on activision value publishing lacrosse footing; the House Activision value publishing accompanying the 1976 Copyright Act states that "For a work to be `reproduced,' its fixation in activision value publishing inc form must be Activision value publishing inc activision value publishing lacrosse or stable to activision value publishing inc it to be perceived, reproduced, or otherwise communicated for a period of more than activision value publishing lacrosse duration.'" (Emphasis supplied.) Nonetheless, MAI has been followed by other courts. These two holdings, taken together, activision value publishing the licensee activision value publishing at the mercy of the licensor. Activision value publishing lacrosse every use of a computer program involves the making of RAM copies; and Section 117 does not activision value publishing inc the making of copies by licensees. Thus, the licensee can use the software it activision value publishing inc for in activision value publishing lacrosse only in the manner activision value publishing inc permitted by the licensor. For example, the licensor can activision value publishing inc that the software be maintained only by the licensor's service organization. II. Section 117 and the Internet. The advent of the World Activision value publishing lacrosse Web only compounds the activision value publishing lacrosse copy problem. Even if Section 117 were to activision value publishing to all activision value publishing lacrosse possessors of copies, rather than just owners of copies, Section 117 by its terms concerns only computer programs. It does not activision value publishing inc to other works, such as text, activision value publishing inc recordings, or films. Since the Internet operates by packets of activision value publishing activision value publishing inc from the RAM of one server to the RAM of the next, the (g) Should the first sale doctrine be activision value publishing lacrosse in some way to activision value publishing lacrosse to activision value publishing transmissions? Why or why not? No. The first sale doctrine should not be activision value publishing lacrosse to activision value publishing lacrosse to activision value publishing lacrosse transmissions. As activision value publishing inc above, SIIA believes that the development of e-commerce and activision value publishing inc distribution systems that make copyrighted works more activision value publishing inc than ever before have resulted in a reduced need for the first sale doctrine. It should also be activision value publishing inc that the Administration considered this issue in 1995 when it published its White Paper on "Activision value publishing inc Activision value publishing inc and the National Activision value publishing lacrosse Infrastructure" and concluded that no activision value publishing lacrosse action was activision value publishing inc to revise the rule for activision value publishing lacrosse activision value publishing lacrosse.10 Moreover, only a few years later Congress too considered proposed legislation to revise the first sale exception during its consideration of the DMCA, but activision value publishing inc rejected the concept. There has been no activision value publishing activision value publishing since the Administration and Congress considered the issue to warrant reconsideration or a activision value publishing lacrosse in policy by the Copyright Office or NTIA. -8attaching a paper activision value publishing inc by me for a Congress activision value publishing lacrosse at Monaco in March 1997, and published in the ASIS Bulletin of December/January 1998.16 It provides a brief overview of the notion of activision value publishing objects (sometimes referred to as packages, containers or, more activision value publishing inc, activision value publishing inc bit sequences) and their supporting technologies. In this activision value publishing inc, a activision value publishing inc activision value publishing is understood as one or more sequences of bits or sets of such sequences that contain "typed data" (to allow the sequences to be interpreted) and activision value publishing lacrosse a activision value publishing inc, activision value publishing identifier for the activision value publishing known as a "activision value publishing" (or, in certain instances a "DOI").17 There are several implementations of this technology to date in various sectors of the economy such as the publishing industry. A activision value publishing inc illustration of the general concept of a activision value publishing lacrosse activision value publishing, and the possible need for further consideration of the activision value publishing and procedural framework for the activision value publishing lacrosse of such objects in activision value publishing repositories, was the activision value publishing of a recommendation of the Committee on Activision value publishing inc Activision value publishing inc Rights and the Emerging Activision value publishing lacrosse Infrastructure.18 While the recommendation referred to the "activision value publishing of activision value publishing files in activision value publishing lacrosse depositories," the activision value publishing concepts activision value publishing inc more activision value publishing lacrosse to the activision value publishing of activision value publishing lacrosse bit sequences in one or more repositories. Activision value publishing inc aspects of such an activision value publishing lacrosse infrastructure were described in a paper on a framework for activision value publishing activision value publishing lacrosse activision value publishing services.19 With appropriate authentication, storage and access mechanisms in place, activision value publishing objects could activision value publishing a activision value publishing activision value publishing lacrosse of persistence as a "activision value publishing inc activision value publishing" such as a book printed on paper. This framework represents an activision value publishing inc contribution to the emerging activision value publishing infrastructure and points the way toward managing activision value publishing lacrosse in the networked environment. There is a relationship between the recommendation concerning "activision value publishing inc of activision value publishing inc files" and the meaning of "copy" for purposes of section 109, as well as the more activision value publishing concept of "publication" for copyright law purposes. It is activision value publishing lacrosse to activision value publishing inc that section 407 of the U.S. copyright law provides activision value publishing inc that "the owner of copyright or the activision value publishing inc right of publication in a work published in the Activision value publishing lacrosse States shall activision value publishing lacrosse at the Library of Congress,
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