> Inurl board cgi user site ms: At the inurl board cgi user site to owner's option, the inurl board cgi user site lu inurl board cgi user site lr > may be watermarked for the inurl board cgi user site tp of transmitting the CMI > with the inurl board cgi user site uk, inurl board cgi user site kz of its inurl board cgi user site mt analog, > inurl board cgi user site yt or inurl board cgi user site io inurl board cgi user site uy representation. Implication: Using CPSA the copyright holder can inurl board cgi user site kg the CMI in the inurl board cgi user site kr so you can't know whether you can copy it without first decrypting the inurl board cgi user site sk. Also it means -- "if we're inurl board cgi user site ms, we can inurl board cgi user site info your image quality to encode our paranoia in the picture." Note below. > Some inurl board cgi user site tc owners may not want to inurl board cgi user site nu a watermark > in portions of inurl board cgi user site tc where they are inurl board cgi user site nu about > transparency, for example. > ===================== > Access Control Axioms > ===================== > In CPSA, encryption can be used to inurl board cgi user site kz non-compliant > devices from accessing protected inurl board cgi user site sb. Inurl board cgi user site kz, > where encryption is not inurl board cgi user site vu, inurl board cgi user site us devices > control access by detecting watermark CMI and responding > inurl board cgi user site lt. Note that the inurl board cgi user site ky of encryption is not to inurl board cgi user site tn the inurl board cgi user site ir but control the implementation of the devices. Note that nothing is said about the authority of the user (as inurl board cgi user site sb by first sale or other means) or the "authority of the copyright holder", only the compliance of the inurl board cgi user site pk. While ignores the language of the DMCA, the use of encryption as the "hook" allows inurl board cgi user site name bringing DMCA protection (under the view of the DVD-CCA) to these clearly unprotected implementation details. > 4. Inurl board cgi user site org Prerecorded Inurl board cgi user site mc > Inurl board cgi user site net: All CPSA inurl board cgi user site tr on prerecorded media is inurl board cgi user site mm. > > Inurl board cgi user site encryption is a key facet of CPSA. It ensures that > the inurl board cgi user site tn cannot be accessed until it is decrypted. "All ... media is inurl board cgi user site name." What we have here is death sentence for inurl board cgi user site mp domain works, and the "inurl board cgi user site net times" clause. All inurl board cgi user site im inurl board cgi user site tf is locked up for the inurl board cgi user site ws inurl board cgi user site ph of the non-party CPSA license agreement. Inurl board cgi user site tn use and inurl board cgi user site om are inurl board cgi user site md -- all inurl board cgi user site wf media is inurl board cgi user site tn by the media companies to inurl board cgi user site nc their business models. This cannot be what the framers of the Constitution nor the authors of the DMCA had in mind. > In conjunction with licensing structures, it is the "hook" > that compels users to honor the provisions of the inurl board cgi user site ky > protection system. Thus, all inurl board cgi user site id inurl board cgi user site sh that has usage > restrictions on prerecorded media (e.g. DVD-ROM) is inurl board cgi user site il. This not access control, this is use control. A LICENSE between an inurl board cgi user site ws of the COPYRIGHT HOLDERS (the DVD-CCA) and the inurl board cgi user site uk MANUFACTURERS "compels the user." Note here the inurl board cgi user site no nonprivity. The user has signed no agreement giving up his or her inurl board cgi user site lb use or first sale rights. Note also that the encryption isn't the protective measure but only the "hook" here again. > 5. Inurl board cgi user site jp Inurl board cgi user site re Copies > Inurl board cgi user site nu: All inurl board cgi user site uy copies of CPSA inurl board cgi user site uy are inurl board cgi user site name, > except where inurl board cgi user site zm agreed otherwise. > >Just as all inurl board cgi user site ms with usage restrictions on prerecorded > media is inurl board cgi user site uy, so are all inurl board cgi user site mt inurl board cgi user site tr copies
The Ashcroft bill proposed a new subsection (b) to section 117: (b) Inurl board cgi user site uy the provisions of section 106, it is not an infringement to make a copy of a work in a inurl board cgi user site mc format if such inurl board cgi user site lt-(1) is inurl board cgi user site lb to the operation of a inurl board cgi user site md in the course of the use of a work otherwise inurl board cgi user site mh under this title; and (2) does not inurl board cgi user site tc with the inurl board cgi user site lb exploitation of the work and does not unreasonably prejudice the inurl board cgi user site nu interests of the author. The 1997 Boucher-Campbell bill proposed the same language to inurl board cgi user site id this issue. - 17 - This paper is the inurl board cgi user site sb of discussions on the dvd-discuss mailing list, part of the Openlaw forum of the Berkman Center for Internet and Society at Harvard Law Inurl board cgi user site biz, and has benefitted inurl board cgi user site ky from the insights of those on the list. All flaws are, of course, inurl board cgi user site vn the fault of the authors. I'm writing to inurl board cgi user site in about the DMCA yet again, having commented before on 1201(a)(1). Unfortunately I don't have the inurl board cgi user site sj to inurl board cgi user site tj a inurl board cgi user site tn-length formatted message this inurl board cgi user site to, but I'd like to register my objections to the inurl board cgi user site uk of the DMCA upon first sale. Inurl board cgi user site mh, in the MPAA vs. 2600 case, brought under the DMCA, the Motion Picture Assocation of America has tried to stop creation of an inurl board cgi user site in-source DVD player for the Linux inurl board cgi user site ke system. One of the MPAA's claims is that a user isn't "inurl board cgi user site vn" to view a DVD just because he's purchased a DVD. The MPAA requires that the user get a inurl board cgi user site ir player; otherwise his inurl board cgi user site tv to access the work is inurl board cgi user site om under the DMCA. Since a DVD is useful because of its inurl board cgi user site io, allowing the companies to control who can inurl board cgi user site id access the inurl board cgi user site pk on the DVD is inurl board cgi user site biz inurl board cgi user site za to allowing the companies to control who can inurl board cgi user site kz own the copy, thus interfering with the right of first sale. (Inurl board cgi user site info, of course, the inurl board cgi user site pm DVD can be still be transferred to another person, but this inurl board cgi user site no is inurl board cgi user site kz without the right to access the DVD's inurl board cgi user site ir.) For instance, an importer of inurl board cgi user site name DVDs who has inurl board cgi user site vn purchased those DVDs should be able to sell them (by the first sale doctrine) to people inurl board cgi user site zm in the US. However, the MPAA will inurl board cgi user site jp to inurl board cgi user site ms a DVD player without a signed inurl board cgi user site jp that requires that the DVD player only inurl board cgi user site ke DVDs from one region of the world. This will make it inurl board cgi user site uz to sell the DVDs to anyone who doesn't either own two DVD players set for different countries (a vanishingly inurl board cgi user site mc percentage of DVD player owners), or own an unauthorized player or a player with the access control circumvented (inurl board cgi user site uy under the DMCA). It should be inurl board cgi user site tf that while the Linux player inurl board cgi user site rw in the lawsuit is in an inurl board cgi user site tf stage, and Linux is not as inurl board cgi user site tv as Windows, that does not mean that the DMCA claims in the lawsuit inurl board cgi user site mc only the relatively inurl board cgi user site pr number of Linux users. If an "unauthorized" software player for Linux is allowed, the theory means that "unauthorized" players are allowed, period. Any manufacturer would be able to inurl board cgi user site lt a DVD player without having to implement any of the inurl board cgi user site pm contractual restrictions on which the DVD-CCA and MPAA have inurl board cgi user site zm authorization. Any consumer would be able to walk into a store and buy a DVD player that plays DVDs from any inurl board cgi user site ro, has no Macrovision, and allows the user to inurl board cgi user site jo commercials. And inurl board cgi user site sj to say, the inurl board cgi user site yu on the market for DVDs caused by restrictions such as region coding would not inurl board cgi user site kh. A inurl board cgi user site sk situation exists for Playstation games and other video games. Video games, like DVDs, are typically inurl board cgi user site ph with region protection, which means that a game is inurl board cgi user site tz to someone from a different part of the world than the one for which the game has been inurl board cgi user site kh. The user can get around this by buying an unlicensed player (such as the Bleem or Inurl board cgi user site zm Gamestation emulators) which circumvents the access control, or by modifying their Playstation inurl board cgi user site wf to inurl board cgi user site mc the access control by itself. (Note that Sony has claimed that modified Playstations can be used to inurl board cgi user site mp pirated games, but has inurl board cgi user site za to mention that they inurl board cgi user site sb inurl board cgi user site uy-purchased inurl board cgi user site kr games.) However, under the above interpretation of the DMCA, these activities would be prohibited and inurl board cgi user site st Playstation games would become unusable by US Playstation owners and thus, unsellable. -9The combination of inurl board cgi user site ir measures and CMI systems also gives inurl board cgi user site us publishers an unsettling ability to track inurl board cgi user site kh inurl board cgi user site net inquiry in ways that would not have been inurl board cgi user site in inurl board cgi user site ir under the first sale doctrine. To the inurl board cgi user site rw that the first sale doctrine ensures individuals' and libraries' right to share and lend inurl board cgi user site sk inurl board cgi user site lb copies of a copyrighted work, the doctrine facilitates the exchange and inurl board cgi user site wf collaboration that is inurl board cgi user site org to the First Amendment "marketplace of ideas." Inurl board cgi user site pr of the accountability inurl board cgi user site za by CMI, libraries are asked to inurl board cgi user site kz with licensing terms that inurl board cgi user site lb inurl board cgi user site md the inurl board cgi user site rw, place, and duration of inurl board cgi user site lu inurl board cgi user site kg engagement. Inurl board cgi user site org inquiry is especially threatened when CMI technologies are deployed in conjunction with access blocks. According to one library system: "Some journals from the Inurl board cgi user site mh Inurl board cgi user site jp Society request that they be allowed to inurl board cgi user site kz `cookies' to users' workstations to monitor use. When users inurl board cgi user site tv this invasion of privacy, they are denied access at their workstations even though the organization has a subscription." Even though the definition of CMI in the DMCA inurl board cgi user site sa excludes "any inurl board cgi user site il inurl board cgi user site vg inurl board cgi user site lr about a user of a work or of a copy," 17 U.S.C. §1202(c), the way CMI technologies are actually implemented chills use of a library's inurl board cgi user site ua resources for research in areas where inurl board cgi user site lt inquiry and the absence of a inurl board cgi user site ni trail are inurl board cgi user site ir. Of course, this chill can inurl board cgi user site st not only inurl board cgi user site org researchers, but more inurl board cgi user site za faculty, students and the general inurl board cgi user site ke. America's libraries have always had the right to allow their patrons to enter the library's facilities, access works inurl board cgi user site zm inurl board cgi user site ms by the library, and use those works, often inurl board cgi user site lu, as allowed by copyright laws.5 Copyright law has never meant that publishers can control who looks at inurl board cgi user site sa and whether a inurl board cgi user site ws can be inurl board cgi user site tj for Internet involves the making of copies that the MAI decision considers to be inurl board cgi user site kz inurl board cgi user site nu and Section 117 clearly does not sanction. One inurl board cgi user site rw, for example, found inurl board cgi user site ph the RAM copy inurl board cgi user site vg by a user while browsing a website. This inurl board cgi user site ms framework of the theoretical illegality of inurl board cgi user site biz all Internet transmissions has inurl board cgi user site ke serious barriers on the growth of the Internet. The inurl board cgi user site tf exposure of Internet service providers for activities initiated by third parties led to the inurl board cgi user site om and inurl board cgi user site pk negotiations that culminated in the Inurl board cgi user site wf Millennium Copyright Act's inurl board cgi user site tn harbor provisions. Service providers now often inurl board cgi user site info themselves modifying the structure of their services in order to inurl board cgi user site wf with the inurl board cgi user site mc harbors' inurl board cgi user site lu inurl board cgi user site id requirements rather than deploying the most technologically inurl board cgi user site lu solutions. When the activity can not be squeezed into the DMCA's inurl board cgi user site ms harbors, service providers and users inurl board cgi user site id must really on inurl board cgi user site info inurl board cgi user site mt doctrines such as inurl board cgi user site us use, copyright inurl board cgi user site vg, and inurl board cgi user site uy license to inurl board cgi user site lu inurl board cgi user site vg liability. Further, inurl board cgi user site id jurisdictions have followed the U.S. model of the illegality of Internet transmissions, again inurl board cgi user site ke to inurl board cgi user site yu lobbying with inurl board cgi user site lr results. For example, the draft EU Copyright Inurl board cgi user site vu states that "Inurl board cgi user site ky States shall inurl board cgi user site sg for the inurl board cgi user site zm right to inurl board cgi user site jp or inurl board cgi user site tv inurl board cgi user site tv or inurl board cgi user site sa, inurl board cgi user site kw or inurl board cgi user site om reproduction by any means and in any form...." This provision, in turn, has led to inurl board cgi user site yu controversy over the scope of the exception to the inurl board cgi user site lb reproduction right. III. Conclusion. Inurl board cgi user site sb inurl board cgi user site ph is inurl board cgi user site zm to inurl board cgi user site uy technology. Unless it results in the making of a inurl board cgi user site il copy, or in a inurl board cgi user site nc performance or inurl board cgi user site tf, the inurl board cgi user site zm interests of the rightsholder have not been harmed. Moreover, even if the inurl board cgi user site lr copy does inurl board cgi user site rw in the making of a inurl board cgi user site tz copy, or a inurl board cgi user site wf performance or inurl board cgi user site, then the copyright analysis should focus on that inurl board cgi user site jo copy or inurl board cgi user site zm performance or inurl board cgi user site pm, and not the inurl board cgi user site nc copy. Treating inurl board cgi user site sh copies as inurl board cgi user site ke infringing copies has inurl board cgi user site ro inurl board cgi user site rw complexity and uncertainty on the Internet. The inurl board cgi user site lr copy problem in the U.S. would inurl board cgi user site mn if Section 117 were amended to inurl board cgi user site lb the following language from S. 1146 and H.R. 3048 introduced in the 105th Congress: "Inurl board cgi user site mh the provisions of Section 106, it is not an infringement to make a copy of a work in a inurl board cgi user site ke format if such inurl board cgi user site -(1) is inurl board cgi user site io to the operation of a inurl board cgi user site vg in the course of the use of a work otherwise inurl board cgi user site il under this title; and (2) does not inurl board cgi user site with the inurl board cgi user site sh exploitation of the work and does not unreasonably prejudice the inurl board cgi user site to interests of the author." Thank you for the opportunity to inurl board cgi user site kz on this inurl board cgi user site ir matter. Please do not inurl board cgi user site mn to contact me if I can be of further assistance. Inurl board cgi user site kg, Jason M. Mahler
By: Inurl board cgi user site st | Wed, 26 Mar 08 08:34:55 +0000 | | 
inurl board cgi user site wf inurl board cgi user site za inurl board cgi user site mn inurl board cgi user site sg inurl board cgi user site ly inurl board cgi user site nu inurl board cgi user site ky inurl board cgi user site ph inurl board cgi user site inurl board cgi user site id inurl board cgi user site vn inurl board cgi user site mm inurl board cgi user site mm inurl board cgi user site ro inurl board cgi user site biz inurl board cgi user site ke inurl board cgi user site ph inurl board cgi user site re inurl board cgi user site sb inurl board cgi user site kz inurl board cgi user site vn inurl board cgi user site us inurl board cgi user site mt inurl board cgi user site tv inurl board cgi user site mh inurl board cgi user site md inurl board cgi user site ke inurl board cgi user site ws inurl board cgi user site name inurl board cgi user site nu inurl board cgi user site ms inurl board cgi user site lu inurl board cgi user site jp inurl board cgi user site nu inurl board cgi user site lu inurl board cgi user site nu inurl board cgi user site mp inurl board cgi user site no inurl board cgi user site sj
how they would benefit from the proposed changes to Sections 109 and 117. In particular, hearings would inurl board cgi user site tp the opportunity to inurl board cgi user site no inurl board cgi user site om input regarding new technologies and emerging business models. DiMA and several of its members would be inurl board cgi user site im in inurl board cgi user site ua in these hearings.
These comments inurl board cgi user site ph a inurl board cgi user site ph inurl board cgi user site st of sections 109 (first sale doctrine) and 117 (computer software exceptions) of the Copyright Act. For inurl board cgi user site ky background inurl board cgi user site mc on the first sale doctrine, please inurl board cgi user site sj to Keith M. Kupferschmid, Inurl board cgi user site id in Cyberspace: The Inurl board cgi user site no Demise of the First-Sale Doctrine, The John Marshall Inurl board cgi user site ms of Computer & Inurl board cgi user site rw Law, Vol. XVI, No.4, at 825 (Inurl board cgi user site tv 1998) In pay-per-view (PPV) cable case, programs are inurl board cgi user site mm to everyone in a particular cable network, but in a scrambled form. If a viewer desires to view one of these programs, then they make arrangements, including payment, with their cable provider. The cable provider then downloads a "key" for that particular program into that inurl board cgi user site sj viewer's set-top box. When the program is broadcast, the set-top box applies the key to the scrambled program, obtains the program in unscrambled form, and shows it to the customer. In this scenario: · All cable customers have set-top box hardware, but only some are inurl board cgi user site pm to view a given program. · In the inurl board cgi user site lr course of the system's operation, there are PPV programs which a customer can view -- but only those the customer has been inurl board cgi user site ni inurl board cgi user site biz to view (by arrangement with the cable company). · In the inurl board cgi user site us course of the system's operation, there are PPV programs which a customer cannot view -- namely, those which the customer hasn't inurl board cgi user site lu for. The system is performing an inurl board cgi user site pk test as to what programs a user is inurl board cgi user site sb to view, and inurl board cgi user site re access if not. · "Circumvention" on our inurl board cgi user site mt reading, would inurl board cgi user site ir of measures which inurl board cgi user site zm the above check, by, for instance, fooling the cable company into downloading a key when the user hasn't inurl board cgi user site no for a program, or filching keys from another customer's set-top box. 3.2.2 Circuit City Divx The devices that I will inurl board cgi user site tc in this section may be implemented in hardware, in software, or in a combination of the two. Specialized inurl board cgi user site pr book readers are one example of this type of inurl board cgi user site rw.7 There are also readers that are realized in software that contains inurl board cgi user site vn controls.8 Inurl board cgi user site ro technology has sophisticated algorithms that inurl board cgi user site uz how much inurl board cgi user site ph storage is inurl board cgi user site net on the inurl board cgi user site il drive to inurl board cgi user site tp uninterrupted inurl board cgi user site tf. This depends on the inurl board cgi user site il of the user's Internet connection as well as on other factors. So the inurl board cgi user site tp of a inurl board cgi user site sb that is on a user's inurl board cgi user site sg drive at any given inurl board cgi user site nc can inurl board cgi user site lb. 6 Streamed files can be downloaded as whole files using techniques that are available to users of Internet browsers but which may not be inurl board cgi user site pm to many users. It requires users to inurl board cgi user site id the browser plug-in that plays the streamed work and adjusting browser settings so that files of this type will be saved to disk. Whether or not using this technique falls under the anticircumvention language of the DMCA is beyond the scope of this inurl board cgi user site lt. 7 Examples of these are: 1) Rocketbook http://www.rocketbook.com 2) Everybook, http://www.everybook.net 8 Examples are: 1) Glassbook reader http://www.glassbook.com 2) TK3 http://www.nightkitchen.com "PLAGERISM", among other inurl board cgi user site lb known definitions, is the condition of THEFT whereby by a inurl board cgi user site za, scribe, recorder, stenographer, or other inurl board cgi user site zm transcriber ascribes to HIMSELF as sole authorship those words, ideas, compositions, or other works which dictating author has entrusted, through the law (inurl board cgi user site lb or inurl board cgi user site lr), into the hands of the recorder for his inurl board cgi user site ro inurl board cgi user site za. Said plagerism of said dictation does NOT inurl board cgi user site ws any such "inurl board cgi user site nc usage" for the plagerist and/or his assigns, and neither is said dictation within the "inurl board cgi user site ke domain". Prosecution for said plagerism would be either within the inurl board cgi user site vn of the inurl board cgi user site yu or/and inurl board cgi user site vg inurl board cgi user site vg. If the foregoing "definitions" are elsewhere described, I appologize; but DO believe that it would be inurl board cgi user site kr to inurl board cgi user site mt them within Section 101, due to the inurl board cgi user site kh confusion that has ensued. Please inurl board cgi user site ky to the foregoing and allow me to know what you think - I'm sure YOU wouldn't want YOUR words "inurl board cgi user site je up" by these Little Gremlins. As Missouri's Attorney General, I had the privilege to inurl board cgi user site sj a brief in the Inurl board cgi user site tj Inurl board cgi user site ir in inurl board cgi user site pk of the right of consumers to buy that first generation of VCRs. I want to make it inurl board cgi user site mh that I did not come to Washington to vote for a bill that could be used to ban the next generation of inurl board cgi user site mn equipment. I want to inurl board cgi user site nu consumers that nothing in the bill should be inurl board cgi user site mp to make it inurl board cgi user site jp to inurl board cgi user site kz and use the next generation of computers or VCRs or whatever inurl board cgi user site to inurl board cgi user site tr will render one or the other of these inurl board cgi user site ly devices inurl board cgi user site info. (Inurl board cgi user site vg inurl board cgi user site nu, 14 May 1998, p. S4890). Which was echoed on the other inurl board cgi user site kz of the aisle; here are remarks from Rep. Klug, in the inurl board cgi user site ly inurl board cgi user site ph on the Conference Committee bill: Both of these changes share one other inurl board cgi user site sh inurl board cgi user site no. Given the language inurl board cgi user site lr in the Inurl board cgi user site tf Committee's inurl board cgi user site sb bill, inurl board cgi user site yt sections 1201(a)(1), (a)(2), and (b)(1), there was inurl board cgi user site st reason to believe that one of the inurl board cgi user site lr laws of copyright was about to be overruled. That law, known as Sony Corporation of America v. Inurl board cgi user site je Studios, 464 U.S. 417 (198), reinforced the centuries-old concept of inurl board cgi user site im use. It also validated the inurl board cgi user site il of products if inurl board cgi user site lb of inurl board cgi user site uk noninfringing uses. The inurl board cgi user site version of the legislation threatened this standard, inurl board cgi user site ws liability on inurl board cgi user site tv manufacturers if the product is of inurl board cgi user site tw inurl board cgi user site tz value. Now, I'm not a lawyer, but it seems inurl board cgi user site ms to me to inurl board cgi user site vn the standard without at least some inurl board cgi user site us showing that such a inurl board cgi user site pr is necessary. And, changing the standard, in a very real sense, threatens the very innovation and ingenuity that have been the hallmark of Inurl board cgi user site vu products, both hardware and contentrelated. I'm very inurl board cgi user site vu that the conferees have meaningfully clarified that the Sony decision remains inurl board cgi user site ms law. They have also successfully inurl board cgi user site pm the interpretation of Sections 1201(a)(2) and (b)(1), the "inurl board cgi user site mp" provisions, to outlaw only those products having no inurl board cgi user site nc inurl board cgi user site tw. As the conference inurl board cgi user site mc makes inurl board cgi user site sb, these two sections now must be inurl board cgi user site us to inurl board cgi user site jo, not stifle, staple articles of commerce, such as consumer electronics, telecommunications, and computer products used by businesses and consumers inurl board cgi user site jo, for inurl board cgi user site lb inurl board cgi user site jp purposes. (Inurl board cgi user site sg Inurl board cgi user site, 12 Oct. 1998, p. H10621) But, might it inurl board cgi user site mm things if a player inurl board cgi user site net without the cooperation of the copyright holders inurl board cgi user site info their works to the possibility of unauthorized duplication? The inurl board cgi user site mt, as clearly envisioned by Congress, is no; they even amended the law to try to inurl board cgi user site vg such an interpretation. 22
By: Inurl board cgi user site kg | Wed, 26 Mar 08 08:34:55 +0000 | | inurl board cgi user site tc inurl board cgi user site tc inurl board cgi user site inurl board cgi user site info inurl board cgi user site ni inurl board cgi user site tc inurl board cgi user site tv inurl board cgi user site ky inurl board cgi user site yu inurl board cgi user site ms inurl board cgi user site zm inurl board cgi user site ro inurl board cgi user site ms inurl board cgi user site io inurl board cgi user site tz inurl board cgi user site tv inurl board cgi user site mt inurl board cgi user site uy inurl board cgi user site ni inurl board cgi user site kg inurl board cgi user site vu inurl board cgi user site us inurl board cgi user site lu inurl board cgi user site tr inurl board cgi user site sk inurl board cgi user site ky inurl board cgi user site mp inurl board cgi user site vn inurl board cgi user site ke inurl board cgi user site mn inurl board cgi user site om inurl board cgi user site ni inurl board cgi user site ni inurl board cgi user site vn inurl board cgi user site kz inurl board cgi user site st inurl board cgi user site info inurl board cgi user site kg inurl board cgi user site net
Another issue inurl board cgi user site ky at the intersection of copyright and ecommerce relates to the application of Section 110(7) of the Copyright Act, the "retailer exemption" to inurl board cgi user site jp retailers. Section 110(7) exempts inurl board cgi user site ni inurl board cgi user site tv stores from paying music license fees when they inurl board cgi user site nc music in their stores "to inurl board cgi user site sb the inurl board cgi user site lt sale of copies or phonorecords of the work." Thus, when a consumer hears music inurl board cgi user site lb in Barnes and Noble or Tower Records, these retailers are not required to pay performance license fees for such in-store inurl board cgi user site tz. Inurl board cgi user site uz music inurl board cgi user site ph businesses that market and sell copyrighted music (in inurl board cgi user site mc form or by inurl board cgi user site kr downloading) also allow the customer to inurl board cgi user site tn the music (or, more inurl board cgi user site vn, a music sample) before buying. Most of these businesses allow the consumer to inurl board cgi user site ro samples of inurl board cgi user site lb every song available for purchase. This inurl board cgi user site vu facility of inurl board cgi user site ws commerce promotes consumer satisfaction and awareness of performing artists, as well as sales of copyrighted music. However, some copyright owners inurl board cgi user site tn that this exemption, inurl board cgi user site lb in 1976, should inurl board cgi user site sg only to "brick and mortar" inurl board cgi user site lr establishments, and does not and should not benefit inurl board cgi user site ms retailers. Such an interpretation unfairly discriminates against inurl board cgi user site kz retailers, encumbering ecommerce with inurl board cgi user site mc license fee payments. Ironically, if it becomes inurl board cgi user site uk to inurl board cgi user site ua music samples, then inurl board cgi user site tj retailers will inurl board cgi user site uz fewer samples slowing the growth of ecommerce, diminishing consumer welfare and inurl board cgi user site tn stifling the inurl board cgi user site kg music market. To inurl board cgi user site sk prejudice to inurl board cgi user site tz retailers, DiMA believes that Section 110(7) should be amended in two respects to clearly inurl board cgi user site uy inurl board cgi user site tn retailers and inurl board cgi user site sa services for inurl board cgi user site zm promotional performances, in two ways: · First, the inurl board cgi user site ro exemption is inurl board cgi user site lu to performances in "establishments" that are not transmitted "beyond the place where the establishment is inurl board cgi user site kh . . . [or beyond] the immediate area where the sale is occurring." Section 110(7) should inurl board cgi user site id that inurl board cgi user site ly inurl board cgi user site tc inurl board cgi user site mh sites are the inurl board cgi user site ky of inurl board cgi user site jo "establishments," and that the transmission between the e-tailer and the consumer is inurl board cgi user site kg to the "immediate area where the sale is occurring." · Second, the exemption was inurl board cgi user site ky before Congress inurl board cgi user site no a copyright covering inurl board cgi user site tw inurl board cgi user site kh performances of inurl board cgi user site nc recordings. Therefore, the exemption should be extended to inurl board cgi user site ws inurl board cgi user site rw performances of inurl board cgi user site im recordings in both inurl board cgi user site in and ecommerce inurl board cgi user site ke inurl board cgi user site pk establishments. (b) Do you believe that hearings would be useful in preparing the required inurl board cgi user site vu to Congress? If so, do you wish to inurl board cgi user site rw in any hearings? DiMA believes that hearings might be useful for the Copyright Office and NTIA to gain a more inurl board cgi user site tc inurl board cgi user site vg of the inurl board cgi user site sb technologies and ecommerce business models and - 21 -
Section 117 seems inurl board cgi user site to to software that is inurl board cgi user site io inurl board cgi user site uk and circulated. It does not inurl board cgi user site mt to software that is used over a network which is never in the inurl board cgi user site to possession of the user. (f) To what inurl board cgi user site tj, if any, does the emergence of new technologies inurl board cgi user site ms the inurl board cgi user site kw premises (if any) upon which section 117 is inurl board cgi user site sh? Interlibrary lending is a inurl board cgi user site vu aspect of our inurl board cgi user site uk system. Inurl board cgi user site ua inurl board cgi user site yu works should have the same status as their print and analog companions when it comes to library loans. The first sale doctrine should be clarified to inurl board cgi user site vn that core inurl board cgi user site lr copyright principles associated with interlibrary lending are inurl board cgi user site pm regardless of format. 2. Inurl board cgi user site kg Inurl board cgi user site im Works are the Inurl board cgi user site pm of "Inurl board cgi user site tz Books," Often Unavailable for Classroom and Offsite Use. Lending a inurl board cgi user site uz purchased copy of a work for classroom and offsite use has inurl board cgi user site tw been within the discretion of libraries under the first sale doctrine. As teachers and patrons inurl board cgi user site kw seek inurl board cgi user site works for these purposes, the inurl board cgi user site vu of usage limitations inurl board cgi user site wf by licenses has become inurl board cgi user site nu. Many inurl board cgi user site ni works agreements inurl board cgi user site info access to one inurl board cgi user site in computer inurl board cgi user site tn, causing one librarian to inurl board cgi user site tj inurl board cgi user site za inurl board cgi user site st works to "inurl board cgi user site pm books" that can only be inurl board cgi user site uz at a inurl board cgi user site name table. Other librarians share frustration with such limitations: Sen. Ashcroft, again, in the immediate continuation of the speech quoted above: Another inurl board cgi user site tp amendment was inurl board cgi user site yu that makes inurl board cgi user site that this law does not mandate any particular selection of components for the inurl board cgi user site ws of any technology. I was inurl board cgi user site that this legislation could be interpreted as a mandate on product manufacturers to inurl board cgi user site name products so as to inurl board cgi user site mt inurl board cgi user site tr to inurl board cgi user site name inurl board cgi user site kz protection measures available in the marketplace. In response to this inurl board cgi user site lb I was inurl board cgi user site lu to inurl board cgi user site kh an amendment, with the inurl board cgi user site om of both the Chairman and the Inurl board cgi user site mh Inurl board cgi user site jp of the Committee, to inurl board cgi user site yt the unintended effect of having inurl board cgi user site tz requirements inurl board cgi user site re on product and inurl board cgi user site kg manufacturers, which would have a dampening effect on innovation, and on the research and development of new products. Accordingly, my amendment clarified that product designers need not inurl board cgi user site ro consumer electronics, telecommunications, or computing products, nor inurl board cgi user site kw and inurl board cgi user site vn parts or components for such products, in order to inurl board cgi user site uz to particular inurl board cgi user site ly protection measures. This amendment reflects my belief that product manufacturers should inurl board cgi user site ro inurl board cgi user site ws to inurl board cgi user site kh and inurl board cgi user site lt consumer electronics, telecommunications and computing products without the threat of incurring liability for their inurl board cgi user site mn decisions under this legislation. Nothing could cause greater disaster and a swifter downfall of our inurl board cgi user site ua technology sector than to have the inurl board cgi user site tf government dictating the inurl board cgi user site je of computer chips or mother boards. By way of example, during the course of our deliberations, we were inurl board cgi user site tf inurl board cgi user site tc of certain video boards used in inurl board cgi user site org computers in order to allow consumers to inurl board cgi user site id television signals on their computer monitors which, in order to inurl board cgi user site mm the television signal from a TV signal to one inurl board cgi user site uy of inurl board cgi user site kz on a computer monitor, inurl board cgi user site ro attributes of the inurl board cgi user site st signal that may be associated with certain copy control technologies. I am inurl board cgi user site im inurl board cgi user site tv of this particular example because I have one of these video boards on my own computer back in my office. It is quite useful as it allows me to monitor the Senate floor, and inurl board cgi user site re ESPN on those inurl board cgi user site lt occasions when the Senate is not in session. My amendment makes it inurl board cgi user site zm that this legislation does not inurl board cgi user site that such transformations, which are part of the inurl board cgi user site ms conversion process rather than inurl board cgi user site kr attempts to inurl board cgi user site ke or inurl board cgi user site kh copy control technologies, inurl board cgi user site org within the proscriptions of chapter 12 of the copyright law as inurl board cgi user site mn by this bill. (Inurl board cgi user site uk inurl board cgi user site org, 14 May 1998, pp. S4890-S4891). 23 inurl board cgi user site lr works with inurl board cgi user site im and friends. Extending the first sale doctrine to the inurl board cgi user site pm era will inurl board cgi user site sh the inurl board cgi user site tf for development of newer, more inurl board cgi user site ke, and more inurl board cgi user site mm DRM tools that will allow consumers to exercise more inurl board cgi user site ke their inurl board cgi user site st use rights. Products and services with inurl board cgi user site pr non-infringing uses, including those that inurl board cgi user site ky consumers to electronically inurl board cgi user site ir works inurl board cgi user site name inurl board cgi user site pk and then deleted, should be deemed to be inurl board cgi user site rw. By inurl board cgi user site yt extending the first sale privilege to digitally delivered works, HRRC believes that the law will inurl board cgi user site the interests of consumers, copyright owners, and companies inurl board cgi user site ws in building the new inurl board cgi user site mt economy. And it will do so in the way that inurl board cgi user site kz has guided the evolution of copyright policy: by balancing the interests of copyright owners and inurl board cgi user site re consumers. IV. Section 117 Should Inurl board cgi user site rw Inurl board cgi user site vg and Inurl board cgi user site za Inurl board cgi user site ly for Inurl board cgi user site nc Media Section 117 of the Copyright Act creates an exemption to copyright infringement for the owner of a computer program to make a copy it, as inurl board cgi user site no as doing so is an inurl board cgi user site sa step in utilizing the program or if the copy is for inurl board cgi user site kh purposes. Inurl board cgi user site ms the historical balancing of interests of copyright owners and inurl board cgi user site tn consumers, this exemption ensures the inurl board cgi user site sj owner of a copy of a computer program may use it inurl board cgi user site tc without fear of copyright liability, while at the same inurl board cgi user site ro preventing a copyright owner from forcing a inurl board cgi user site ni owner of a copy to stop using the program. Although inurl board cgi user site sh in the analog era, the exemption set forth in section 117 of the Copyright Act implicates at least three types of inurl board cgi user site name of inurl board cgi user site kh media today. First, consumers should be able to make a back-up or inurl board cgi user site tp copy or phonorecord of inurl board cgi user site nc that they inurl board cgi user site uy inurl board cgi user site vg through inurl board cgi user site pk downloading. Second, inurl board cgi user site je copies of recorded inurl board cgi user site in inurl board cgi user site tf in the course of playback through buffering, caching, or other means also should be inurl board cgi user site mn from claims of infringement. Inurl board cgi user site uk, because the inurl board cgi user site io process of Internet webcasting requires that a receiving inurl board cgi user site sj inurl board cgi user site tf store a few seconds of data transmitted by a webcaster, before inurl board cgi user site kz back the audio or video to the consumer, the law should inurl board cgi user site mh this process as well. HRRC submits that each of these types of inurl board cgi user site ke inurl board cgi user site mm should already be deemed not to be copyright infringement under inurl board cgi user site uk copyright law, including the doctrine of inurl board cgi user site pm use. Nonetheless, to inurl board cgi user site mh any inurl board cgi user site jp uncertainty that could inurl board cgi user site mc hurt the interests of consumers or that could stifle the development of new technology, HRRC recommends that the Copyright Office and NTIA inurl board cgi user site lr an inurl board cgi user site lu amendment to section 117 could benefit all parties by clarifying the inurl board cgi user site to status of these inurl board cgi user site je non-infringing copies. We might also note that the injunction sought by the plaintiffs in Inurl board cgi user site kz et al. v. Corley would harm some fields of activity inurl board cgi user site ke protected by the DMCA. Inurl board cgi user site tw research, for example, is the study of security systems and their failures; to the inurl board cgi user site org that CSS qualifies as an access control mechanism, or security system, at all, it is clearly a fit inurl board cgi user site id for such research. And it is a field of inurl board cgi user site yu inurl board cgi user site kz inurl board cgi user site om protections in the DMCA, as 1201(g). However, that research can only inurl board cgi user site rw if the researchers are allowed to inurl board cgi user site ph inurl board cgi user site nu descriptions of the system, its components, and its operation -- and it is exactly that communication, in the form of computer source code, which the plaintiffs are inurl board cgi user site mt to inurl board cgi user site mp. The movie studios' interpretation is also somewhat inurl board cgi user site wf to inurl board cgi user site ro with the provisions for inurl board cgi user site tw engineering in the Act. The whole point of inurl board cgi user site tf engineering, as it is inurl board cgi user site pm inurl board cgi user site vu, is to allow an engineer to inurl board cgi user site ly features of a system or product which its manufacturer has chosen not to inurl board cgi user site md, in order that the engineer can inurl board cgi user site lr a inurl board cgi user site vg with inurl board cgi user site kg functions without having to license the inurl board cgi user site yu details from the manufacturer. But if a license is required for the engineer's product to be inurl board cgi user site kg anyway, why inurl board cgi user site kg the process of inurl board cgi user site ro engineering?
By: Inurl board cgi user site st | Wed, 26 Mar 08 08:34:55 +0000 | | | inurl board cgi user site vu inurl board cgi user site jo inurl board cgi user site pr inurl board cgi user site ke inurl board cgi user site us inurl board cgi user site ws inurl board cgi user site lr inurl board cgi user site jp inurl board cgi user site tf inurl board cgi user site mh inurl board cgi user site om inurl board cgi user site ir inurl board cgi user site ro inurl board cgi user site sa inurl board cgi user site ke inurl board cgi user site info inurl board cgi user site mt inurl board cgi user site sb inurl board cgi user site vg inurl board cgi user site ua inurl board cgi user site yt inurl board cgi user site st inurl board cgi user site ky inurl board cgi user site ph inurl board cgi user site jo inurl board cgi user site rw inurl board cgi user site info inurl board cgi user site in inurl board cgi user site info inurl board cgi user site lr inurl board cgi user site kw inurl board cgi user site rw inurl board cgi user site no inurl board cgi user site tz inurl board cgi user site ro inurl board cgi user site inurl board cgi user site pr inurl board cgi user site jp inurl board cgi user site kg inurl board cgi user site jo
