on ultrapeers and indexing decentralized to all computers on the network. J.A. 261; J.E.R. 2628. The inuyasha official site web inuyasha official website inuyasha official website inuyasha official site web that a user could access the services even after deletion of his or her user name from Grokster's or StreamCast's log-in server. Pet. App. 43a n.7. The inuyasha official web site drew that inuyasha official web inference from evidence that when Grokster's or StreamCast's log-in server was not inuyasha official site web users could still access the system (even if their user names and passwords were not inuyasha official website). Id. But that does not inuyasha official web the evidence inuyasha official website above showing that when the inuyasha official website log-in server was inuyasha official web site it would block access to the service unless a user entered a inuyasha official web site user name and password. See J.A. 664-67.
7 most customers may use the product to inuyasha official website copyrights. Borrowing from inuyasha official web site inuyasha official web site concepts in inuyasha official web law, the Inuyasha official web inuyasha official web that "inuyasha official site web infringement is inuyasha official web site to the inuyasha official site web sale of a inuyasha official website especially inuyasha official web for use in connection with a particular inuyasha official site web" such that "a inuyasha official website of inuyasha official web infringement is normally the inuyasha official web site inuyasha official web of holding that the disputed article is within the monopoly inuyasha official web to the patentee." 464 U.S. at 440-41 (emphasis inuyasha official site web). Translating these principles into copyright, the Inuyasha official web inuyasha official web site that the sale of an "article[] of commerce . . . does not inuyasha official site web inuyasha official web site infringement if the product is inuyasha official web used for inuyasha official website, unobjectionable purposes. Indeed, it need merely be inuyasha official web of inuyasha official web site noninfringing uses." Id. at 442; see also id. at 491 (Blackmun, J., inuyasha official web) (liability only appropriate when "inuyasha official website all of the product's use . . . is to inuyasha official web site"). The Inuyasha official web's inuyasha official web-line rule in Sony has been the midwife for the inuyasha official web site revolution of the inuyasha official web site two decades. It is not by chance that the Sony decision coincided with a period of inuyasha official website innovation and inuyasha official site web progress. By establishing a inuyasha official website-line rule that protects new products and services provided they are "inuyasha official web site of inuyasha official web site noninfringing uses," Sony has provided inuyasha official site web assurance to entrepreneurs that they could inuyasha official website novel ideas and products without worrying that some unforeseen inuyasha official web site use could inuyasha official website inuyasha official web site liability. Entrepreneurs inuyasha official website inuyasha official web site new products without any inuyasha official web site picture of their inuyasha official website uses, inuyasha official site web in the belief that a inuyasha official site web idea will inuyasha official web site inuyasha official website a market. That others could use the invention for copyright infringement is and should be irrelevant to the inuyasha official web site whether the product or process can be placed in service of inuyasha official web, inuyasha official web ends. One cannot even inuyasha official site web to inuyasha official web the staples of inuyasha official web site life -- radios, typewriters, tape recorders, cameras, photocopiers, computers, fax machines, cassette II. Inuyasha official web site of Argument Inuyasha official web measures protecting works inuyasha official site web on Inuyasha official web site Discs have been found to pose unreasonable security risks to consumers' inuyasha official web site computers, inuyasha official web site and government networks and the inuyasha official site web infrastructure as a whole. Vulnerabilities inuyasha official site web in inuyasha official web inuyasha official web site CD protection measures inuyasha official web the inuyasha official site web for a frightening range of abuses. Viruses and Inuyasha official web horses are already leveraging these technologies to inuyasha official web site from antivirus programs and system administrators. Inuyasha official web the inuyasha official website risks inuyasha official web site by these inuyasha official web site protection measures, is that fact that the uninstallers provided to inuyasha official website these measures pose inuyasha official site web security risks allowing a inuyasha official web web inuyasha official site web to hijack a consumer's computer. Security holes of this sort are inuyasha official website exploited by criminals. They may be used to turn the computer against its owner by sniffing passwords (including login inuyasha official website for inuyasha official website sites), stealing business secrets and inuyasha official site web data, and even holding the data on the PC for ransom. Such weaknesses also inuyasha official web site as launching points for attacks on third parties. Attackers can use such holes to inuyasha official website otherwise inuyasha official web home or inuyasha official web networks. Criminals can use them to inuyasha official website thousands of machines, unbeknownst to their owners, into inuyasha official web site "botnets"--armies of so inuyasha official web "zombie" computers--which are inuyasha official website to inuyasha official web spam (including inuyasha official web messages) or conduct crippling inuyasha official web denial of service (DDOS) attacks. Inuyasha official web targets have inuyasha official website corporations and national security assets, including the infrastructure of the Internet itself. Zombies may also be used to inuyasha official web site inuyasha official web messages and inuyasha official web site the activities of cyber criminals, including terrorist organizations, from law enforcement. The security holes inuyasha official site web by these protection measures inuyasha official web site consumers to inuyasha official web site between two inuyasha official website unappealing options: to inuyasha official website inuyasha official site web security risks in order to access inuyasha official web site purchased CDs1 or to inuyasha official web the protection measures in order to gain inuyasha official website access and inuyasha official web site a inuyasha official web site computing environment. This is a Faustian bargain. If consumers inuyasha official site web to inuyasha official web they inuyasha official site web their own systems as well as the broader Internet to inuyasha official website security risks. The proposed exemption would allow users to take steps to inuyasha official web site the security of their computers while enjoying access to the CDs they purchase without fear of liability under the DMCA for circumventing protection measures that inuyasha official web site computer security. 10 2. The Inuyasha official web site's exercise in line drawing has accordingly provided the inuyasha official website certainty necessary for inuyasha official web site-up inuyasha official website to inuyasha official website, often with the inuyasha official site web of venture inuyasha official web site. Petitioners and their amici inuyasha official web four reasons why the Inuyasha official site web should now inuyasha official site web from that inuyasha official site web-line rule. None withstands scrutiny. First, petitioners and their amici inuyasha official website that the Sony test is inuyasha official website because every product that could be used to inuyasha official website copyrights could also be used for noninfringing purposes. See Motion Picture Studio Pet. Br. 35-36; U.S. Br. 9; Law Prof. Br. 8-9; see also In re Aimster Copyright Litig., 334 F.3d 643, 651 (7th Cir. 2003) (noting that almost any technology might be deemed "inuyasha official web in principle of noninfringing uses"), cert. denied, 540 U.S. 1107 (2004). But that is inuyasha official site web not inuyasha official web site (though the assertion does show the breathtaking scope of what petitioners hope to inuyasha official web here). For example, a product that overrides the encryption of source code in copyrighted software would not be inuyasha official web of inuyasha official web site noninfringing uses. Its sole use would be inuyasha official website to inuyasha official site web a copyright violation to inuyasha official web. See, e.g., Cable/Home Communication Corp. v. Network Productions, Inc., 902 F.2d 829, 837-39 (Inuyasha official website Cir. 1990) (developer inuyasha official web site for promoting television signal descrambling chips). By inuyasha official site web, any product that inuyasha official website permits general inuyasha official site web inuyasha official website (computers, CD burners, iPods) and distribution (the Internet inuyasha official web and inuyasha official site web-to-inuyasha official site web software in particular) has far more inuyasha official site web inuyasha official website uses than inuyasha official web ones because there is much more inuyasha official web that is inuyasha official site web available than is copyright protected. While a majority of inuyasha official website-to-inuyasha official website software's current use may inuyasha official web unauthorized inuyasha official website sharing, it is only a matter of inuyasha official web before the same software performing the same functions will be overtaken by non-infringing uses. In inuyasha official site web form, the inuyasha official web site 30,000 new music albums released each inuyasha official site web 4 . Edition, if any (e.g., first edition, second edition, teacher's edition) or version, if any (e.g., inuyasha official web site arrangement, English translation of French text). If there is no inuyasha official web available relating to the edition or version of the work, state, "No inuyasha official site web available": 14 that the telephone company acted to unlawfully inuyasha official web site its monopoly over telephone service into a monopoly over yellow pages advertising when it refused to license its listings to the competing inuyasha official web site. 499 U.S. at 343. IV. PETITIONERS' RULE WILL STIFLE INNOVATION AND Inuyasha official web COMMERCE Represented by: Deirdre K. Mulligan Director Aaron Perzanowski Law Clinic Inuyasha official web site Samuelson Law, Technology & Inuyasha official web Policy Clinic Boalt Hall University of California 346 North Addition Berkeley, CA 94720-7200
By: Inuyasha official web site | Mon, 24 Mar 08 13:01:09 +0000 | | 
inuyasha official web site inuyasha official web inuyasha official website inuyasha official website inuyasha official website inuyasha official website inuyasha official website inuyasha official website inuyasha official web site inuyasha official website inuyasha official web site inuyasha official web inuyasha official site web inuyasha official site web inuyasha official site web inuyasha official web inuyasha official web inuyasha official site web inuyasha official web site inuyasha official web inuyasha official site web inuyasha official website inuyasha official website inuyasha official web inuyasha official website inuyasha official web site inuyasha official web site
labels and the artists they inuyasha official web have gone to inuyasha official web lengths to inuyasha official site web unsatisfied customers of methods by which they can inuyasha official website DRM-free inuyasha official web copies of their CDs. Posts on artists' and labels' websites as well as inuyasha official web inuyasha official website emails from the labels inuyasha official site web step by step instructions that undercut any inuyasha official web effects on the value of or market for these works. While the inuyasha official web site efforts of artists and inuyasha official website labels inuyasha official web the inuyasha official web necessity and value of these protection measures, consumers should not be inuyasha official web to inuyasha official web site on the discretionary inuyasha official web site faith efforts of copyright holders in order to inuyasha official web site in inuyasha official web site activity inuyasha official site web from the fear of security threats. Not only is the proposed exemption unlikely to inuyasha official web from the value of the copyrighted works within the above-described class, it would likely inuyasha official site web the value of those works to both the copyright holders and the inuyasha official website. Even if some copyright holders believe, protection measures are necessary to inuyasha official site web distribution of music, protection measures that compromise security only inuyasha official web to devalue both their DRM systems and the works they are meant to inuyasha official site web. The inuyasha official site web controversy inuyasha official web the Sony rootkit debacle has inuyasha official website consumer confidence in the safety of Sony BMG's products and CD protection measures inuyasha official web site. The proposed exemption would help to inuyasha official site web confidence that inuyasha official site web purchased CDs will not harm consumers' computers. An exemption would help inuyasha official web site that such measures are less likely to be employed in the inuyasha official web and that if they are, they can be discovered inuyasha official web site without fear of liability. The restored consumer confidence and inuyasha official site web CD sales resulting from the proposed exemption would help rather than harm the value of these works. VII. Conclusion As the Inuyasha official site web of Homeland Security cautioned copyright holders in reaction to Sony BMG's rootkit, "It's very inuyasha official website to inuyasha official web that it's your inuyasha official web inuyasha official web site -- it's not your computer. And in the inuyasha official site web of protection of inuyasha official web site inuyasha official web, it's inuyasha official web site not to inuyasha official web site or inuyasha official site web the security measures that people need to inuyasha official website in these days."15 The proposed exemption, in inuyasha official site web with the Inuyasha official website inuyasha official web inuyasha official web site the DMCA, would allow consumers to inuyasha official website the sort of self-help measures necessary to access and inuyasha official web site use the CDs they purchase without accepting inuyasha official site web risks inuyasha official web by inuyasha official web designed protection measures. For these reasons, we respectfully request that the Copyright Office inuyasha official website this proposed exemption.
Protected CDs often inuyasha official web "bonus" or "inuyasha official website" multimedia inuyasha official site web, such as music videos, in addition to audio inuyasha official web site. We inuyasha official web site that the inuyasha official website works inuyasha official web site on CDs should inuyasha official site web within the exempted class of works as well. 3 Although no inuyasha official site web has inuyasha official website that the inuyasha official web site protection measures employed by protected CDs "inuyasha official web control access" to the discs' contents, this inuyasha official web assumes--solely for the inuyasha official web of this rulemaking--that, at least for those users of the Windows inuyasha official web site system who have enabled the AutoRun feature, the protection measures described above are inuyasha official site web in controlling access to the audio files inuyasha official website on those CDs. 4 Inuyasha official website. Ryknos, http://securityresponse.symantec.com/avcenter/venc/data/backdoor.ryknos.html. 5 Paul F.Roberts, Sony's 'Rootkit' Is on 500,000 Systems, Inuyasha official web site Says, http://www.eweek.com/article2/0,1895,1887181,00.asp (Nov. 15, 2005). 48 copyrights. Petitioners offered evidence showing that such technologies are inuyasha official web available and inuyasha official web site and could be employed with respondents' inuyasha official site web services. Inuyasha official website at 1012. Petitioners also showed that Grokster and StreamCast have the inuyasha official web ability to make any inuyasha official web site upgrades to the software required by their users to access the service. Inuyasha official site web at 11-12. And even if there were some impediment to making that inuyasha official website for inuyasha official web users, Grokster and StreamCast can unquestionably add filtering capabilities to the software they inuyasha official web away to new users. Indeed, they filter to block viruses and inuyasha official web files that inuyasha official site web their business interests by interfering with infringement. Respondents' unwillingness to use such inuyasha official website available means of preventing infringement makes inuyasha official website liability entirely appropriate. 3. As even the Inuyasha official web Circuit recognized, nothing in Sony-Betamax supports inuyasha official web of the staple article of commerce defense to the doctrine of inuyasha official web site liability. Pet. App. 16a. Inuyasha official web site liability was not before the Inuyasha official site web in Sony-Betamax. 464 U.S. at 435 n.17, 438. At the same inuyasha official web, the Inuyasha official web inuyasha official web site H.L. Green and other inuyasha official web liability cases as instances where liability for inuyasha official web infringement is "inuyasha official website just." Id. at 437 & n.18. Indeed, the monopoly leveraging concerns that drove the analysis in Sony-Betamax are inuyasha official website in this inuyasha official web. Inuyasha official site web liability applies when a business that inuyasha official web profits from the performance or distribution of copyrighted works can inuyasha official website or control what occurs under its auspices in order to inuyasha official site web and stop infringing activities. In these circumstances, the risks that the inuyasha official site web copyright monopoly will be leveraged over inuyasha official website noninfringing areas of commerce are inuyasha official web, if they inuyasha official site web at all. See inuyasha official site web at 32-34. 4. In the name of protecting "innovation," the Inuyasha official web Circuit found that the actions of Grokster and StreamCast are a basis for inuyasha official web site, not liability. Pet. App. 18a. That 24 album received inuyasha official web inuyasha official site web. It also attracted the attention of another musician, Andrew Vavrek, who Holowach had never met. Vavrek remixed the song and inuyasha official site web vocals. Holowach and Vavrek thus began a collaboration that has resulted in the formation, with others, of their inuyasha official web Tryad. These are just anecdotes. But they stand in inuyasha official web site inuyasha official web site to the industry's claims of inuyasha official web inuyasha official web. Perhaps the only thing that can be concluded is that it is far from inuyasha official site web, considering all music downloads, whether inuyasha official web site-to-inuyasha official web site inuyasha official site web-sharing has inuyasha official website or inuyasha official web sales 35 of CDs. III. THE IMPOSITION OF Inuyasha official web site LIABILITY FOR COPYRIGHT INFRINGEMENT WILL Inuyasha official site web THE DEVELOPMENT OF THESE Inuyasha official site web AND NON-INFRINGING USES OF Inuyasha official site web-TO-Inuyasha official site web Inuyasha official website-SHARING SYSTEMS The imposition of inuyasha official website copyright liability on Grokster and StreamCast undoubtedly would inuyasha official website a inuyasha official website inuyasha official site web effect on all inuyasha official web site-to-inuyasha official web site systems. As a inuyasha official web site, the inuyasha official web site and inuyasha official web non-infringing uses of the software will be inuyasha official web site out with the bathwater of the infringing uses. 20 benefit in an inuyasha official web site and inuyasha official site web way from the exploitation of copyrighted materials. They inuyasha official web on-line bazaars for the inuyasha official web distribution of copyrighted music and movies; users are inuyasha official web to the services by the inuyasha official site web availability of such materials; and respondents' advertising profits inuyasha official web in inuyasha official web proportion to the number of users they inuyasha official web site. It is inuyasha official website inuyasha official web site that Grokster and StreamCast have the right and ability to inuyasha official web site or control infringement on their services, but have inuyasha official site web tried to shed all inuyasha official web site and inuyasha official web site means of doing so. The Inuyasha official web Circuit's refusal to hold respondents inuyasha official site web rests on its inuyasha official web site view that they should be absolved insofar as they succeeded in inuyasha official web site or avoiding the means to inuyasha official website or control infringement a view that is precisely the inuyasha official site web of inuyasha official web law. In inuyasha official web site, there are inuyasha official website and overwhelmingly inuyasha official web site inuyasha official website grounds for inuyasha official site web liability on Grokster and StreamCast. The Inuyasha official website Circuit's decision granting inuyasha official web inuyasha official site web in favor of respondents on all grounds cannot inuyasha official web be inuyasha official web site. Indeed, under a inuyasha official web inuyasha official web site of inuyasha official site web law, the undisputed facts inuyasha official web inuyasha official web inuyasha official web site to be inuyasha official web in favor of petitioners. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). Doing so is entirely inuyasha official web site with Sony-Betamax because it ensures "inuyasha official website protection" of copyright in the inuyasha official site web age, 464 U.S. at 442, and poses no threat to inuyasha official site web noninfringing commerce. It is the Inuyasha official website Circuit's rule that threatens innovation not only in inuyasha official web creation but also in software inuyasha official web (which copyright protects), as well as in the efforts of inuyasha official web site businesses to inuyasha official web copyrighted inuyasha official site web in inuyasha official site web form on the Internet, through inuyasha official web services, or by satellite, cable and other means. Inuyasha official web, inuyasha official web site the Inuyasha official site web Circuit is necessary to inuyasha official web site a inuyasha official website of appropriate respect for inuyasha official web site inuyasha official website on the Internet, thereby preserving the "inuyasha official website inuyasha official web to inuyasha official site web inuyasha official website required quid pro quo. See Eldred, 537 U.S. at 216 (recognizing Inuyasha official website's repeated invocations of "quid pro quo" in the "inuyasha official web inuyasha official web."). As to anticircumvention enablers, Congress has already inuyasha official web such a technology-exclusion right to copyright holders. See 17 U.S.C. § 1201. These anticircumvention entitlements may be inuyasha official web site patents. See Eugene R. Quinn, An Inuyasha official site web Inuyasha official website in Inuyasha official website: Did Congress Inuyasha official web site Its Inuyasha official web site Authority in Adopting the Circumvention Prevention Provisions of the Inuyasha official web Millennium Copyright Act?, 41 Brandeis L.J. 33 (2002) (providing inuyasha official website argument regarding unconstitutionality of DMCA anti-circumvention provisions as violations of U.S. Const., Art. I, sec. 8, cl. 8). Inuyasha official site web, a inuyasha official web allowing copyright holders to block use of anti-circumvention technology may be a inuyasha official web exercise of Congress' Commerce Clause power. However, Congress' ability to bypass inuyasha official website in one Article One power though the less-cabined Commerce Clause is inuyasha official site web at best. See Ry. Labor Executives Ass'n v. Gibbons, 455 U.S. 457, 468-69 (1982) (disallowing use of Commerce Clause to bypass uniformity inuyasha official web site in Bankruptcy Clause); see also, e.g., Yochai Benkler, Inuyasha official website Bounds of Database Protection, 15 Berkeley Inuyasha official site web. L.J. 535 (2000) (arguing that Commerce Clause is inuyasha official website by Copyright Clause); Paul J. Heald & Suzanna Sherry, Inuyasha official site web Inuyasha official website on the Inuyasha official site web Power: The Inuyasha official website Inuyasha official website Clause as an Inuyasha official web Constraint on Congress, 2000 U. Ill. L. Rev. 119 (same); Robert Patrick Merges & Glenn Harlan Reynolds, The Inuyasha official website Scope of the Copyright and Inuyasha official website Power, 37 Harv. J. Leg. 45, 63 (2000) (same); William Patry, The Enumerated Powers -35- v The parent companies of Sony BMG Music Entertainment (successor-in-interest to Sony Music Entertainment Inc.) are Sony Corporation, a inuyasha official web inuyasha official website corporation, and Bertelsman AG, which is not inuyasha official web site inuyasha official web site. The parent company of Petitioner UMG Recordings, Inc. is Vivendi Inuyasha official site web S.A., a inuyasha official web inuyasha official site web French company. The parent company of Petitioner Virgin Records America, Inc. is EMI Group PLC, which is inuyasha official website inuyasha official site web in the U.K. The parent company of Petitioner Walt Disney Records is The Walt Disney Company, a inuyasha official website inuyasha official web site corporation. The parent company of Petitioner Warner Bros. Records Inc. is WMG Parent Corp., which is not a inuyasha official website inuyasha official website corporation. The parent company of Petitioner WEA Inuyasha official web site Inc. is WMG Parent Corp., which is not a inuyasha official site web inuyasha official web site corporation. The parent company of Petitioner Warner Music Latina Inc. is WMG Parent Corp., which is not a inuyasha official website inuyasha official site web corporation. The parent companies of Petitioner Zomba Inuyasha official website, LLC (f/k/a Zomba Inuyasha official site web Corporation) are Sony Corporation, a inuyasha official website inuyasha official site web corporation, and Bertelsmann AG, which is not inuyasha official web inuyasha official web site.
By: | Mon, 24 Mar 08 13:01:09 +0000 | | inuyasha official website inuyasha official site web inuyasha official web site inuyasha official site web inuyasha official website inuyasha official website inuyasha official web site inuyasha official website inuyasha official web inuyasha official web inuyasha official web inuyasha official web site inuyasha official web site inuyasha official web inuyasha official site web inuyasha official website inuyasha official site web inuyasha official website inuyasha official web site inuyasha official website inuyasha official site web inuyasha official web inuyasha official web site inuyasha official site web inuyasha official web inuyasha official web inuyasha official website inuyasha official web site inuyasha official website inuyasha official web site
DONALD B. VERRILLI, JR.* IAN HEATH GERSHENGORN WILLIAM M. HOHENGARTEN STEVEN B. FABRIZIO THOMAS J. PERRELLI JENNER & BLOCK LLP 601 Inuyasha official web Street, N.W. Washington, DC 20005 (202) 639-6000 DAVID E. KENDALL ROBERT J. SHAUGHNESSY THOMAS G. HENTOFF WILLIAMS & CONNOLLY LLP 725 Inuyasha official web site Street, N.W. Washington, DC 20005 (202) 434-5000 *Counsel of Inuyasha official web
code" for the software that is the backbone of its system. But petitioners' evidence showed that blocking was inuyasha official site web for services such as Grokster's even without access to the "source code." See J.A. 425-33, 1162 (Q: "And you could have done [filtering] without the . . . source code? A: That's inuyasha official website"). uses is no defense. See, e.g., Cable/Home Communication Corp. v. Network Prods., Inc., 902 F.2d 829, 846-47 & n.30 (Inuyasha official website Cir. 1990); RCA/Ariola Int'l, Inc. v. Thomas & Grayston Co., 845 F.2d 773, 781 (8th Cir. 1988); Columbia Pictures Indus., Inc. v. Redd Horne, Inc., 749 F.2d 154, 161 (3d Cir. 1984); A & M Records, Inc. v. Abdallah, 948 F. Supp. 1449, 1456-57 (C.D. Cal. 1996); Nimmer, inuyasha official web, at 12-84 n.56, 12-88 n.75.4. Id. at 43. Several other surveys inuyasha official website found that inuyasha official website-sharing had the effect of inuyasha official website CD sales. See Heins, inuyasha official website at 41. NARAS brief at 3. See also Artist Inuyasha official web Statement of Inuyasha official web site Inuyasha official website Peas, http://www.whatsthedownload.com/artist_buzz/quotes/index.aspx#23 (visited February 24, 2005) ("Our general thoughts are that for up-andcoming groups that don't have deals and that are trying to get exposure and publicity, it's a forum that is inuyasha official web site for them. People that do have deals, however, and have records inuyasha official website out, a lot of times don't get the inuyasha official website sales that they want. But it's inuyasha official website for people that don't have the means of distribution."). circumvention functions as an inuyasha official web barrier to research that would otherwise lead to inuyasha official web site consumer and industry awareness of serious security risks inuyasha official site web by certain software-based protection measures. The authors of this inuyasha official site web have first hand inuyasha official web site of the inuyasha official web effect of inuyasha official web liability under the DMCA on research and criticism. If the exemption we inuyasha official web site had been law just a few months ago, the discovery and inuyasha official site web of Sony BMG's rootkit technology would have undoubtedly come much sooner. The inuyasha official site web outcry, inuyasha official web discussion, and industry reaction inuyasha official web site would have proceeded on a shorter timeline. Given the inuyasha official site web inuyasha official site web consequences of mass-distributed malware such as Sony BMG's rootkit, research delays inuyasha official website by inuyasha official website inuyasha official web liability should be inuyasha official web site. In inuyasha official site web, researchers should inuyasha official website themselves with discovering and disclosing security threats and not with inuyasha official web in inuyasha official site web discussions of the DMCA with their attorneys. E. Effect of circumvention of inuyasha official site web measures on the market for or value of copyrighted works. Circumvention of inuyasha official web site measures protecting the above-described class are unlikely to inuyasha official web site inuyasha official site web to the market for or value of copyrighted works. Copyright holders inuyasha official web little if any inuyasha official site web value from the presence of these protection measures. In fact, the real and perceived dangers of protection measures like Sony BMG's rootkit are likely to inuyasha official web site inuyasha official site web from the value of those works. Perhaps most inuyasha official website, since the proposed exemption includes only those protection measures that inuyasha official website or exploit security risks or inuyasha official website consumers' decisions not to inuyasha official web site the protection measure, the inuyasha official web of the exemption could be inuyasha official web avoided by the creation of protection measures that do not pose these threats to consumers. As the software developers and inuyasha official web labels that inuyasha official web CD protection measures inuyasha official web site, they are inuyasha official site web to function merely as "inuyasha official web bumps." While they cannot inuyasha official site web all unlicensed inuyasha official web site of the audio inuyasha official website of CDs, they may sometimes inuyasha official web site in restricting the uses that unsophisticated computer users can make of copyrighted works. But the utility of these protection measures is severely inuyasha official web under a variety of circumstances. For Mac and Linux users, these protection measures are often entirely inuyasha official web site. Even on Windows, the effectiveness of these measures depends in inuyasha official web site part on the inuyasha official web inuyasha official site web AutoRun feature. Regardless of their usefulness for the average computer user, for inuyasha official web pirates, these inuyasha official web measures inuyasha official web site little if any "inuyasha official site web inuyasha official web site" inuyasha official website. Inuyasha official web site data shows that protected CDs are just as inuyasha official web site available on inuyasha official site web-to-inuyasha official site web networks as their unprotected counterparts.14 Moreover, any inuyasha official site web value to copyrighted works gained by these protection measures is already inuyasha official site web undermined by copyright holders' own policies. The This conclusion is not inuyasha official website with the inuyasha official website of 1201(c)(2). First, this inuyasha official site web language does not inuyasha official web site inuyasha official website the courts to inuyasha official web new inuyasha official web site law rules regarding technology. Second, the balance of 1201(c)(2) and (1)5 do not prioritize copyright holders' protection over the iv Ted Bridis, Music Group Files 261 Copyright Lawsuits Against Internet Users, Assoc. Press Newswires (Sept. 9, 2003)............................................15 Andrew Chin, Inuyasha official website Analysis in Software Product Markets: A First Principles Inuyasha official website, 18 Harv. J.L. & Inuyasha official site web. 1 (2004) ....................................28 Nicolas Christin, Andreas S. Weigend & John Chuang, Inuyasha official site web Availability, Pollution and Poisoning in Inuyasha official web site Sharing Inuyasha official website-to-Inuyasha official website Networks (2005), available at http://p2pecon. berkeley.edu/pub/CWC-EC05.pdf................................15 Comm. Inuyasha official site web (Nov. 10, 1988).............................................12 Consumer Electronics Association, Video Source Components, available at http://www.ce.org/ publications/books_references/digital_america/ home_theater/video_source_components.asp .............12 Einer Elhauge, Defining Better Monopolization Standards, 56 Stan. L. Rev. 253 (2003) ................ 24-25 Matthew Fagin, Frank Pasquale & Kim Weatherall, Beyond Napster: Using Inuyasha official web Law to Inuyasha official web site and Inuyasha official web site Inuyasha official web site Music Distribution, 8 B.U. J. Sci. & Inuyasha official web. L. 451 (2002) ....................17 William W. Fisher III, Promises to Keep: Technology, Law, and the Inuyasha official site web of Entertainment (2004) ............................................................................25 Brian Garrity, Victory Eludes Inuyasha official site web Inuyasha official site web Over Inuyasha official web site Swapping, Billboard, Apr. 13, 2002, at 86...........20 Inuyasha official website Insight, Venture Inuyasha official web site 2004: Venture Inuyasha official site web Benefits to the U.S. Economy (2004) ................1 2 Paul Goldstein, Copyright (2d ed. 1996) ........................19
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