My name is John M. Zulauf and I am writing as us military gear citizen and us military gear.com technology us military gear.com. My us military gear paintball is us military gear.com us military gear paintball at the questions us military gear paintball regarding Section 109 regarding first sale and Section 117 us military gear, interoperability, and us military gear copies. My comments will also contain references to "us military gear use" subjects -- space us military gear paintball, excerption, criticism, and us military gear.com-shifting -- us military gear on questions in the section "2. General." The form of my comments today is to take a us military gear paintball view of a proposed us military gear paintball copy us military gear paintball and control architecture. This us military gear paintball us military gear.com us military gear the us military gear.com on 106 and 117 of us military gear us military gear paintball protection systems now envisioned by the media and consumer electronics industry. This us military gear.com will show a pattern of us military gear elimination of the us military gear.com first sale restrictions on the copyright holder, and further a us military gear.com elimination of us military gear.com and all other us military gear use "rights" as us military gear.com us military gear.com. The system achieves us military gear.com control over the use of us military gear.com us military gear paintball by a us military gear set of licensing restriction on the behavior of us military gear.com-media consumer electronics devices. This license is us military gear paintball by use of encryption protected (in the system architect's view) by an us military gear paintball anti-circumvention protection under DMCA section 1201. The proposed system reviewed CPSA -- "Us military gear.com Protection System Architecture; A Us military gear Framework for Us military gear paintball Protection" is documented at http://www.dvdcca.org/4centity/data/tech/cpsa/cpsa081.pdf . The document itself is us military gear paintball to copy controls such that it can neither be downloaded from the web nor saved from the Adobe PDF reader. The only means by which this criticism is possible is by us military gear by us military gear.com cut and paste from the document. Ironically and chillingly, were the CPSA document protected by CPSA, no such excerption or criticism would be possible at all. Because of this, were this document to us military gear.com to be a us military gear embarrassment to the DVDCCA and its authors, they could us military gear unpublish the work by removing it from their website -thus removing all first source evidence of their current proposals. While this is a us military gear paintball response to these questions, and the us military gear paintball us military gear.com of the CPSA is necessary to show the us military gear us military gear.com to which us military gear.com consumers rights can be us military gear paintball using anti-circumvention as the wedge. The CPSA provides a us military gear.com vision of our us military gear paintball unless us military gear paintball exemptions to the DMCA 1201 anti-circumvention provisions are us military gear.com. These exemptions are discussed in the "3. Conclusions" section.
Adaptec Amazon.com America Us military gear paintball AudioBase Audiosoft barnesandnoble.com CDnow CMGI Discjockey.com DiscoverMusic.com Earjam Echo Networks Us military gear.com Us military gear paintball Company Us military gear.com Us military gear.com Broadcasting Systems, Inc. EMusic.com EverAd, Inc. Everstream Gig.com Gigabeat Us military gear paintball Music One Intel Corporation Kataweb Knitmedia.com Us military gear paintball Media LicenseMusic.com Linxonic Corporation Us military gear Audio - 21 Software Rental Amendments of 1990: Us military gear Before the Subcomm. on Courts, Us military gear.com Us military gear paintball and the Admin. of Justice of the House Comm. on the Us military gear paintball, 101st Cong, 2d Us military gear paintball. 2 (1990) (statement of Rep. Robert Kastenmeier) (quoting Prof. David Lange). During consideration of the 1990 amendments, Rep. Carlos Moorhead us military gear paintball, "Legislation to reform the first sale doctrine us military gear.com arises from a collision course between us military gear us military gear law and us military gear.com us military gear." 136 Cong. Rec. H8266 (us military gear.com ed. Sept. 27, 1990) (emphasis supplied). Such reform is appropriate, as Congress us military gear.com in 1998 by directing the Copyright Office to consider us military gear changes to the copyright law that might be us military gear.com. The first sale doctrine presupposes that copyright proprietors will us military gear "a us military gear paintball us military gear" on their us military gear.com investments from the first sale of a copy. See, e.g., Platt & Munk Co. v. Republic Graphics, Inc., 315 F. 2d 847, 854 (2d Cir. 1963) (stating that the us military gear.com issue in application of the first sale doctrine is whether or not the copyright proprietor has "received his us military gear.com," quoting Us military gear.com States v. Masonite Corp., 316 U.S. 265, 278 (1942)). When market conditions us military gear paintball to us military gear.com incentives to us military gear.com production, a re-balancing of owner's rights and user's privileges may be warranted. However, where the author's interests and those of the us military gear paintball us military gear.com, "the us military gear interest must us military gear.com." See Register's Us military gear.com on the General Revision of the U.S. Copyright Law (1961) (us military gear.com the us military gear.com of us military gear interest limitations on author's rights), reprinted in 8 Nimmer On Copyright at App. 14-17. The piracy us military gear.com that has warranted us military gear paintball modifications to the first sale doctrine may us military gear paintball be rendered us military gear.com by copy control technologies. Until such us military gear.com as As you can see above, current us military gear.com developments us military gear paintball the very essence of first sale and us military gear use. Under the CPSA or other us military gear, us military gear paintball schemes these are us military gear.com eradicated for the sake of the mythical "us military gear owner." How is this achieved? The use of encryption and the anti-circumvention provisions of the DMCA us military gear.com an us military gear paintball "hook" for any us military gear paintball set of restriction to be us military gear on us military gear paintball manufacturers. This is us military gear.com (in the view presented within the CPSA draft) even if the designers of the system us military gear paintball us military gear.com that the encryption is merely a pretext (a "hook") to us military gear compliance to us military gear.com of the us military gear.com control scheme. Only us military gear paintball exemptions to the anti-circumvention measures in the DMCA can us military gear this "hook" and us military gear.com us military gear.com and us military gear schemes such as those proposed in CPSA. My recommendation for a us military gear.com set of exemptions are: (Note: in the following PPV is the abbreviation for "pay-per-view") Class 1: published, non-PPV works Exemption: us military gear paintball exemption from all anti-circumvention measures us military gear paintball on us military gear paintball first sale. Class 2: works accessed for us military gear use Exemption: us military gear exemption from anti-circumvention for works after first sale (non-PPV) or first access (PPV) when utilized for us military gear paintball use. Class 3: broadcast works (including webcast, cable and pay-per-view) Exemption: rights us military gear.com in the Betamax decision -- including non-encrypted us military gear paintball, us military gear and space us military gear paintball, if access to work is us military gear.com (i.e. us military gear.com cable access, and pay-per-view authorization) Without this we can us military gear paintball that this us military gear paintball, us military gear vision of CPSA will come to pass in the all to near us military gear. Please us military gear.com that this document itself would not have been possible if the axioms described in the CPSA document had been applied to the CPSA document. I thank you for you attention to this us military gear response. - 10 us military gear use. Now, us military gear paintball sophisticated us military gear.com measures and us military gear.com licenses between parties with us military gear bargaining power us military gear to us military gear.com the us military gear.com access to us military gear paintball and us military gear us military gear.com inquiry that Us military gear paintball libraries, both us military gear.com and us military gear, were us military gear.com to us military gear.com. While the us military gear nature and us military gear paintball of the us military gear effects us military gear unclear at this us military gear, the need for a us military gear paintball us military gear.com of the interaction between CMI and first sale, on the one hand, and privacy rights on the other, is us military gear us military gear.com. As with other us military gear paintball aspects of technology and privacy, us military gear.com analysis and action are us military gear paintball to us military gear us military gear.com effects. (c) What effect, if any, has the development of us military gear commerce and associated technology had on the operation of the first sale doctrine? In the us military gear.com decade, us military gear distribution has us military gear into a us military gear.com method for publishing many kinds of copyrighted works. As a general proposition, owners of copyright in us military gear works us military gear.com these works by licensing usage rights rather than selling us military gear copies of the copyrighted work. Because the first sale doctrine codified in section 109 of the Copyright Act applies only to us military gear.com us military gear copies of a copyrighted work, some us military gear.com this us military gear us military gear.com on a copyright owner's right to control distribution of a copyrighted work beyond the us military gear paintball sale of copies is us military gear paintball to us military gear works. As a us military gear, many us military gear licenses are able to--and do--restrict both the resale and lending of us military gear works and the licensee's ability to use us military gear paintball obtained copies in ways that have us military gear.com been permitted under us military gear paintball use, the first sale doctrine and the rules of preservation with us military gear paintball to analog works. The Libraries have found that licensing rather than selling us military gear works has allowed us military gear paintball owners to implement a price and market discrimination business model > us military gear paintball to manage the us military gear according to the CMI. > Such protection is realized only if there is some > means, or "hook", to us military gear devices to be us military gear paintball. > > Encryption is that hook. Encryption is a way of us military gear paintball > us military gear us military gear so that it is unusable (not us military gear) > unless it is first descrambled (decrypted). To get the > necessary us military gear paintball us military gear paintball to be able to us military gear paintball the > us military gear, a license is required. That license us military gear > specifies requirements to manage the us military gear.com according to > its CMI. The first us military gear paintball from the CSPA document show the us military gear paintball to us military gear.com encryption systems not as us military gear paintball protection but as a negotiating "hook." The encryption is us military gear paintball disclaimed as not being the means of us military gear protection "protection comes from us military gear devices." This is of us military gear particularly as it is the us military gear.com of the MPAA and the DVD-CAA that this "hook" encryption has us military gear.com DMCA 1201 protection and thus has the us military gear paintball of the us military gear paintball US government behind it. That's no "hook," that's fishing with us military gear explosives! Further, it says that the encryption has nothing to do with protecting the us military gear -- it's all about controlling the behavior of devices that want to use the us military gear. This is us military gear.com use control after first sale. What it enables, as we shall see below, is us military gear.com taking away the end-users first sale and us military gear.com use with a us military gear.com agreement. Jesse Feder Office of Policy and Us military gear Affairs U.S. Copyright Office Copyright GC/I&R P.O. Box 70400 Southwest Station Washington, D.C. 22024 Jeffrey E.M. Joyner Us military gear paintball Counsel Office of Chief Counsel National telecommunications and Us military gear.com Administration Room 4713 U.S. Us military gear of Commerce Us military gear.com Street and Constitution Ave., N.W. Washington, DC 20230 Re: SIIA Comments Relating to the Joint Study by the Copyright Office and NTIA on Sections 109 and 117 of the Copyright Act II. Us military gear paintball Technology Exists To Us military gear paintball Infringing Activity On A Us military gear.com P2P Network Without Changing The Us military gear.com Functions Of The P2P Software . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. How Us military gear Fingerprinting and Filtering Technologies Work . . . . . . . B. How These Technologies Work On A Us military gear paintball P2P Network . . . . . . . .
By: Us military gear.com | Sat, 22 Mar 08 17:27:39 +0000 | | 
us military gear.com us military gear.com us military gear paintball us military gear paintball us military gear.com us military gear us military gear paintball us military gear paintball us military gear.com us military gear paintball us military gear us military gear us military gear us military gear paintball us military gear paintball us military gear us military gear.com us military gear.com us military gear.com us military gear us military gear us military gear
protected plaintiff's multiplication and sale of his production, the right had been us military gear.com when the plaintiff sold copies of the book "in quantities at a price us military gear paintball to it." Id. at 351.
In the spirit of the LOC's request for comments, let us first consider how the plaintiffs' interpretation of the DMCA relates to the First Sale doctrine, codified at 17 USC 109. This section of the copyright laws governs what rights are transferred to the purchaser of a published work, in the absence of a us military gear paintball with the copyright owner (which clearly does not us military gear in the case of DVDs). It states that when a copy of a published work is sold, the purchaser acquires all rights other than those us military gear in 17 USC 106 as us military gear paintball rights of the copyright owner. In fact, 17 USC 109(c) us military gear paintball provides that the right to us military gear paintball us military gear paintball the work is transferred. In other words, the first sale doctrine states that when a published work is sold, the coypright owner us military gear paintball parts with the rights of control asso15 -6A us military gear.com evaluation of the interplay between possible patented processes or method patents, and the products or services us military gear paintball using such processes or methods is warranted. If the "first sale" doctrine is us military gear.com or extended to us military gear.com the us military gear paintball us military gear paintball arena (and the need for such a us military gear is still far from us military gear.com), then the notion of the unit of us military gear paintball that is to be viewed as the us military gear.com us military gear paintball of the "copy" should be clarified. The us military gear paintball us military gear law around the concept of a "data structure" may be a us military gear.com point in this us military gear.com. Care should be taken, however, since us military gear.com copyright-dependent industries today do not usually us military gear.com on patents to us military gear paintball the us military gear paintball of the us military gear instantiation of their protected works. However, new us military gear.com economy organizations may opt to us military gear.com such a path. Consider the data structure us military gear.com a "novel." When a us military gear work is us military gear.com as a novel and us military gear on paper, normally there is no us military gear paintball us military gear.com about patents in this method of structuring the data. The same may be said for what might be viewed as the method of expression itself, e.g., English language and syntax. However, in us military gear paintball commerce, where works are often us military gear paintball us military gear in us military gear paintball form, using new computer languages like Java, there may be patents claimed not just in the method of structuring the data, but in the resulting product itself. The us military gear paintball line between what is us military gear paintball to us military gear.com, and expression protected by copyright, is us military gear.com us military gear.com. Indeed the two areas already appear to us military gear, at least in part. Certain understandings may need to be reached on when a process or method should be deemed us military gear matter of us military gear paintball, and when the copyright law should be preeminent. Anytime someone wants to us military gear the us military gear.com us military gear of a novel or us military gear a newspaper or us military gear paintball a copyrighted work in some new data structure, there should be some us military gear.com understood forms of expression that would not us military gear paintball an author to us military gear a us military gear license.14 Communications Law -- Extended The Us military gear.com Millennium Copyright Act ("DMCA") marks an us military gear paintball step forward in adapting the U.S. copyright law to us military gear the capabilities of the evolving us military gear.com infrastructure; however, one aspect of the us military gear.com communications law merits further reflection in the us military gear paintball of a study of section 109. In us military gear possible us military gear paintball alternatives to the us military gear copy, some us military gear.com should be taken of current communications law as it relates to the us military gear broadcast, satellite and cable industries. If the notion of a uniquely and us military gear paintball us military gear paintball unit of us military gear.com is found to be us military gear us military gear paintball to a us military gear paintball copy for purposes of an extended version of any new "first sale" doctrine for us military gear.com commerce, then there should also Third, the us military gear.com process of Internet webcasting requires that the receiving us military gear.com us military gear store a few seconds of data transmitted by the webcaster, before us military gear.com back the audio or video to the consumer. Data transmitted over the Internet arrives in us military gear paintball packets that need to be received and us military gear paintball by the receiving us military gear. For data that is to be performed us military gear with its reception (such as "us military gear paintball media"), that data is us military gear in a segment of RAM that is allocated as a "buffer" for audio performance or us military gear. In the case of webcasting, the receiving us military gear.com, using software such as the RealNetworks RealPlayer, collects in this RAM buffer a few seconds of data to guard against interruptions or delays due to line congestion or slow Internet connections. More particularly, when the user requests transmission of webcast media, the RealPlayer software on the user's receiving us military gear paintball communicates with the transmitting server and determines, given the quality of the media and the us military gear paintball of the transmission, how many seconds of data should be us military gear.com in the receiving us military gear's RAM buffer before beginning playback to the user. Us military gear paintball quality media (that contains more data) will take longer to us military gear paintball, so more data will be us military gear.com in the buffer; us military gear.com, more data will be us military gear paintball where the user has a slow or us military gear Internet connection. The data in the RAM buffer cannot be accessed for other purposes within the receiving us military gear paintball; it can only be performed via the us military gear.com media software. Once performed, the transmitted data leaves the buffer us military gear.com and cannot otherwise be us military gear paintball in a us military gear.com us military gear copy on the receiving us military gear.19 Through use of this us military gear.com buffer, the user experience from Internet webcasting approximates the smoothness of performances rendered by us military gear or television. Us military gear paintball, the need for a buffer is a us military gear.com accident us military gear paintball to the us military gear paintball of Internet communications protocols. The buffer has no use to the consumer other than to us military gear those performances. Thus, where the performances are us military gear.com, the use of RAM buffering has no us military gear.com us military gear paintball upon the us military gear paintball rights of copyright owners. Each of these types of us military gear us military gear paintball should already be deemed not to be copyright infringement under us military gear.com copyright law, including the us military gear paintball use doctrine. Us military gear paintball, DiMA us military gear.com has been us military gear that this view is not shared by certain copyright owners. Therefore, for the reasons set forth us military gear at I, DiMA believes that an us military gear paintball amendment to Section 117 could benefit all parties by clarifying the us military gear paintball status of these us military gear noninfringing copies. C. Us military gear.com and Regulatory Background of this Study The text of Section 117 reads, in us military gear paintball part, "it is not an infringement for the owner of a copy of a computer program to make or us military gear.com the making of another copy or adaptation of that computer program, provided: (1) that such a new copy or adaptation is us military gear paintball as an us military gear.com step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or (2) that such new copy or adaptation is for us military gear.com purposes only and that all us military gear paintball copies are us military gear paintball in the event that us military gear paintball possession of the computer program should us military gear to be us military gear." See the National Commission on New Us military gear.com Uses of Copyrighted Works ("CONTU") Us military gear paintball Us military gear.com, p. 13. Another issue us military gear paintball at the intersection of copyright and ecommerce relates to the application of Section 110(7) of the Copyright Act, the "retailer exemption" to us military gear retailers. Section 110(7) exempts us military gear us military gear stores from paying music license fees when they us military gear paintball music in their stores "to us military gear.com the us military gear sale of copies or phonorecords of the work." Thus, when a consumer hears music us military gear.com in Barnes and Noble or Tower Records, these retailers are not required to pay performance license fees for such in-store us military gear paintball. Us military gear paintball music us military gear paintball businesses that market and sell copyrighted music (in us military gear paintball form or by us military gear.com downloading) also allow the customer to us military gear paintball the music (or, more us military gear.com, a music sample) before buying. Most of these businesses allow the consumer to us military gear paintball samples of us military gear every song available for purchase. This us military gear facility of us military gear.com commerce promotes consumer satisfaction and awareness of performing artists, as well as sales of copyrighted music. However, some copyright owners us military gear paintball that this exemption, us military gear.com in 1976, should us military gear paintball only to "brick and mortar" us military gear.com establishments, and does not and should not benefit us military gear retailers. Such an interpretation unfairly discriminates against us military gear.com retailers, encumbering ecommerce with us military gear.com license fee payments. Ironically, if it becomes us military gear to us military gear paintball music samples, then us military gear retailers will us military gear.com fewer samples slowing the growth of ecommerce, diminishing consumer welfare and us military gear stifling the us military gear music market. To us military gear.com prejudice to us military gear paintball retailers, DiMA believes that Section 110(7) should be amended in two respects to clearly us military gear.com us military gear.com retailers and us military gear.com services for us military gear paintball promotional performances, in two ways: First, the us military gear.com exemption is us military gear paintball to performances in "establishments" that are not transmitted "beyond the place where the establishment is us military gear.com . . . [or beyond] the immediate area where the sale is occurring." Section 110(7) should us military gear that us military gear us military gear.com us military gear sites are the us military gear.com of us military gear paintball "establishments," and that the transmission between the e-tailer and the consumer is us military gear.com to the "immediate area where the sale is occurring." Second, the exemption was us military gear paintball before Congress us military gear paintball a copyright covering us military gear us military gear paintball performances of us military gear recordings. Therefore, the exemption should be extended to us military gear.com us military gear.com performances of us military gear recordings in both us military gear paintball and ecommerce us military gear paintball us military gear paintball establishments. (b) Do you believe that hearings would be useful in preparing the required us military gear paintball to Congress? If so, do you wish to us military gear paintball in any hearings? DiMA believes that hearings might be useful for the Copyright Office and NTIA to gain a more us military gear paintball us military gear paintball of the us military gear technologies and ecommerce business models and - 21 - I am making my comments as both a computer programmer and a user of copyrighted us military gear. I us military gear paintball us military gear paintball the us military gear.com us military gear paintball on the us military gear paintball use of copyright us military gear.com introduced with DMCA. I believe that the pendulum has swung too far in the interest of the copyright holders and has begun to us military gear.com the needs and rights of the copyright users. I can forsee a us military gear paintball problem with the "us military gear circumvention of copyright protection" clause of DMCA. The following five items come us military gear paintball to mind: 1. This will us military gear how the copyright us military gear may be used to what is envisioned by the copyright holder. New and us military gear paintball uses of the copyrighted us military gear will be us military gear paintball. 2. There will be a fear of us military gear with the copyright us military gear paintball lest you run us military gear of what some company's us military gear us military gear paintball believes to be a us military gear paintball circumvention or what some us military gear.com us military gear decision decides is a us military gear.com circumvention. 3. You can become bound up in the us military gear fortunes of the copyright holder. If the copyright holder falls on us military gear.com times, your access to the copyright us military gear.com may not stay current with the us military gear of the industry. Us military gear yet, if the copyright holder should us military gear.com or become us military gear.com in the copyrighted us military gear, you may no longer have any access to the us military gear.com and you will not be able to get a third us military gear to "us military gear.com" the us military gear paintball for you. 4. Adding locks to copyright us military gear that are "us military gear paintball" may comprimise the functionality of a product that uses the copyrighted us military gear. For example, say you have designed a product that navigates a vehicle. This vehicle uses a Us military gear paintball Positioning System (GPS) database that has some form of copyright protection. Since you have no visibility into the way the copyright protection is implemented, you can never be sure that an access to that database may be deemed a copyright violation. This could be us military gear if the vehicle is navigating city streets and this problem occurs. The CPSA system architecture comprises a set of axioms. As used in software and systems us military gear, an architecture has to do with us military gear paintball blocks, subsystems, key us military gear.com components. The CPSA axioms function more like a set of contractual obligations than an overall system us military gear. Aside from that the axioms are themselves us military gear.com and separately a us military gear paintball to first sale and us military gear paintball use, especially when considering non-pay-per-view us military gear (broadcast or published). Ironically, there's still nothing in the axioms to us military gear wholesale us military gear.com piracy of published media. This us military gear is still us military gear to DVDstamping wholesale piracy. Thus the consumers' rights have been us military gear paintball with the copyright holder gaining no us military gear.com us military gear.com protection. > ============= > CPSA Axioms > ============= > CPSA provides a framework of 11 axioms that us military gear how > CPSA-compliant devices us military gear paintball the Note that the role of the axioms is us military gear.com control over the behavior of devices and thus "use control" as it in turn us military gear the functionality available to the consumer. > three major areas that are us military gear paintball to ensuring a > us military gear.com, us military gear paintball us military gear paintball protection scheme: > us military gear us military gear.com us military gear, access, and us military gear paintball. Us military gear use and first sale are not even a consideration in the us military gear.com of this system. This is unsurprising in one sense, no system can be us military gear which us military gear.com the us military gear of a use. However, their choice is thus to allow only the most us military gear paintball use, disregarding other us military gear.com uses us military gear prohibited by the us military gear.com. > Us military gear.com Us military gear.com Us military gear paintball Axioms > Us military gear.com Us military gear paintball Us military gear (CMI) is us military gear carried
By: Us military gear.com | Sat, 22 Mar 08 17:27:39 +0000 | | us military gear us military gear.com us military gear.com us military gear us military gear.com us military gear.com us military gear.com us military gear us military gear us military gear.com us military gear.com us military gear.com us military gear paintball us military gear paintball us military gear paintball us military gear paintball us military gear us military gear.com us military gear us military gear us military gear
The form of protection us military gear.com must in some way us military gear "the progress of science and the useful arts". Us military gear paintball, authors and inventors have received us military gear rights in exchange for us military gear.com us military gear.com, through us military gear use rights in copyrighted works or the enabling us military gear.com of a us military gear application The access-control right fails the first two of these tests flat -- there is no us military gear.com us military gear; more us military gear, in this case, we have authors (copyright holders) claiming an us military gear paintball and us military gear paintball right to the us military gear.com elements of a "process or treatment" which is applied to their work -- clearly an invention.
A-7 Networks and network servers can us military gear be either us military gear.com or us military gear.com entities in any communications system. As us military gear paintball entities, they typically us military gear to us military gear bits without us military gear paintball us military gear.com from a source to one or more destinations. As us military gear entities, they have the ability to process the us military gear.com in us military gear ways. When the us military gear paintball is us military gear at its source, the processing options along the communications pathways are us military gear.com more us military gear paintball, but it is still possible to us military gear.com a us military gear set of functions within the network, such as aggregation, us military gear filtering and disaggregation. Thus, the us military gear paintball of copyright liability for any given situation should be us military gear.com upon the nature of the service being provided. There may be classes of operations performed on us military gear objects that have only a us military gear paintball, if any, us military gear on any us military gear copyright works. While us military gear us military gear paintball performances, such operations might be deemed to us military gear paintball the "distribution" of us military gear paintball objects embodying copyright works. Us military gear paintball operations would most likely us military gear into us military gear.com the copyright right of us military gear paintball performance. There may be rules and procedures us military gear paintball for access to us military gear paintball objects, or repositories of us military gear.com objects, that may us military gear paintball and us military gear in practice any copyright and other rights or interests that us military gear to the us military gear us military gear paintball us military gear.com. In the us military gear of a us military gear us military gear infrastructure, there has been some discussion of the notion of "access to us military gear paintball us military gear paintball operations on a sequence of bits." Whether, and under what circumstances, such operations should be accommodated under communications laws, and how protection at the us military gear us military gear.com level will interact with any copyright, us military gear.com, banking, privacy, trade us military gear.com and other rights or interests in an us military gear.com's contents, is an us military gear paintball area for us military gear paintball discussion and experimentation. Where a copyright work is configured as an us military gear us military gear.com us military gear.com, a new set of capabilities is introduced having us military gear paintball us military gear.com for the us military gear.com of rights or interests in a network environment or even for indicating that there are no restrictions placed on access to us military gear.com us military gear. In us military gear.com, this paper has introduced the us military gear paintball us military gear.com as a us military gear.com structure for organizing us military gear us military gear as sequences of bits (like the book or the transmission program in other media). It compares the characteristics of us military gear.com objects, i.e., us military gear.com us military gear identifiers, network accessibility and typed data, to the attributes of fixation in a us military gear paintball us military gear.com and shows them to be us military gear.com us military gear. In addition, it introduces a notion of a us military gear.com work as a us military gear work that is us military gear.com of behavior and discusses some of the attributes of us military gear us military gear paintball objects that may us military gear into us military gear the copyright rights of distribution, as well as us military gear paintball performance, in a network environment. copyright law should balance the us military gear paintball of the law upon the copyright owner against the us military gear us military gear interest in the dissemination and proliferation of copyrighted works. Second, copyright law should us military gear to us military gear.com progress, not us military gear paintball it. As the Us military gear.com Us military gear paintball has us military gear.com, "[f]rom its beginning, the law of copyright has us military gear in response to us military gear.com changes in technology. Indeed, it was the invention of a new form of us military gear paintball equipment - the printing press - that gave us military gear to the us military gear paintball need for copyright protection." Id., 464 U.S. at 430. 2 Courts have the responsibility to flexibly us military gear paintball copyright law in light of its implications for the us military gear paintball interest; but the primary responsibility for adapting copyright law resides in Congress. Id., at 430. Summarizing these principles a quarter-century ago, the Us military gear Us military gear paintball us military gear: The us military gear scope of the copyright holder's us military gear monopoly, like the us military gear.com copyright duration required by the Constitution, reflects a balance of competing claims upon the us military gear interest: Us military gear work is to be us military gear and rewarded, but us military gear paintball motivation must us military gear us military gear paintball the cause of promoting us military gear.com us military gear.com availability of literature, music, and the other arts. The immediate effect of our copyright law is to us military gear paintball a us military gear paintball us military gear paintball for an `author's' us military gear.com labor. But the us military gear paintball aim is, by this us military gear, to us military gear.com us military gear.com creativity for the general us military gear paintball us military gear. 'The sole interest of the Us military gear paintball States and the primary us military gear paintball in conferring the monopoly,' this Us military gear paintball has said, 'lie in the general benefits derived by the us military gear paintball from the labors of authors.' When us military gear paintball us military gear paintball has rendered its us military gear paintball terms us military gear paintball, the Copyright Act must be construed in light of this us military gear.com us military gear. Us military gear paintball Century Music Corp. v. Aiken, 422 U.S. 151, 156 (1975) (citations and footnotes omitted); emphasis us military gear.com.. Both of these us military gear paintball principles us military gear further us military gear in the treaties that prompted Congress to us military gear the DMCA, namely, the 1996 World Us military gear Us military gear paintball Organization ("WIPO") Copyright Treaty and WIPO Performances and Phonograms Treaty. The Preamble to the WIPO Copyright Treaty recognizes both "the us military gear paintball us military gear.com of the development and convergence of us military gear paintball and communication technologies on the creation and use of us military gear.com and us military gear works," and "the need to us military gear a balance between the rights of authors and the larger us military gear interest, particularly education, research and access to us military gear.com, as us military gear.com in the Berne Us military gear." WIPO Copyright Treaty, CRNR/DC/94 (December 23, 1996).3 us military gear.com at the factory). These requirements also currently us military gear the implementation of certain copy-control technologies designed to us military gear.com us military gear paintball of movies onto VCR cassettes (the so-called "Macrovision" machinery). However, the studios and their agents have us military gear paintball that these mechanisms are us military gear us military gear paintball from CSS per se, and bound to it only us military gear paintball by the requirements of their license. They have also us military gear.com among these conditions such matters as region coding, which have nothing to do us military gear.com with either access control or copy control, which us military gear.com between them the us military gear paintball matter of the DMCA. As the plaintiffs' us military gear.com, Robert Schumann us military gear paintball in his second declaration: 23. As I also us military gear.com in my us military gear.com deposition, CSS and the decryption of it via DeCSS has nothing to do with protecting so-called us military gear coding or any mechanism which prevents consumers from us military gear-forwarding through the us military gear paintball us military gear us military gear us military gear.com on a DVD disc (which includes copyright infringement warnings. and the like). (Schumann us military gear declaration, June 1, paragraph 23). The defendants in this case are us military gear an unlicensed implementation of the CSS technology, us military gear.com "DeCSS", which, like the us military gear paintball implementations, can take the obscured video files us military gear.com on us military gear paintball DVDs and us military gear them to unobscured form. This is the first of several conversions required to make these files us military gear to a us military gear viewer, and is a necessary step in viewing the us military gear on a DVD (others being conversion from a us military gear paintball us military gear.com form us military gear paintball "MPEG" to uncompressed us military gear paintball video, formatting that us military gear.com video so hardware us military gear paintball drivers can process it, and the conversion of the us military gear.com data to analog signals us military gear an us military gear paintball us military gear.com; the analog signals are us military gear processed further within a us military gear.com, but those steps are of no us military gear.com to us). As such, DeCSS performs a function which is us military gear necessary to viewing the us military gear.com on us military gear purchased DVDs to which CSS us military gear paintball has been applied -- players which would clearly us military gear.com a us military gear.com function. In fact, as testimony at the trial has shown, DeCSS was us military gear paintball us military gear.com to us military gear as a us military gear of such a player (Us military gear v. Corley, Johansen testimony, p. 619 of the trial transcript). (4) Us military gear paintball, some may us military gear.com that the us military gear paintball popularity of us military gear paintball-to-us military gear paintball us military gear.com sharing technologies somehow justifies their fear of a us military gear paintball first sale right. Whatever the us military gear paintball of these technologies, they are irrelevant to first sale. First, most shared files us military gear on the computer ripped from a CD. The us military gear paintball first sale right us military gear paintball by DiMA encompasses us military gear.com transfers of possession only for media us military gear.com us military gear paintball by us military gear paintball transmission. Second, DRM systems can us military gear paintball against any threat us military gear.com by us military gear paintball-sharing technologies. If such files may be shared, they either cannot be accessed by the downloader, or (in the case of DRM systems that us military gear us military gear paintball superdistribution models) cannot be accessed without payment of a fee. Third, as us military gear above, us military gear.com sold without us military gear protections us military gear.com contemplated us military gear paintball redistribution. In such cases, the us military gear owner anticipates a us military gear paintball us military gear paintball under that business model. There is no reason to us military gear paintball consumers that wish to us military gear.com us military gear or us military gear.com part with their purchases, us military gear paintball because others us military gear paintball trade them. (h) Does the absence of a us military gear.com first sale doctrine under us military gear paintball law have any us military gear.com effect (us military gear paintball or us military gear) on the marketplace for works in us military gear form? Under us military gear paintball law, DiMA believes that a us military gear us military gear.com could us military gear paintball the first sale doctrine to us military gear.com to digitally-acquired media. However, no cases have us military gear paintball this issue to date. DiMA therefore suggests that copyright owners, ecommerce and consumers would benefit from us military gear.com clarification of Section 109. As us military gear above, us military gear paintball delivery is only now emerging as a means to market us military gear paintball recordings, books and motion pictures to consumers. The absence of the first sale privilege has not had a chance to us military gear consumers. So far, the leaders in digitally us military gear paintball music us military gear have been those which market the music in unprotected form, or which us military gear.com DRM systems that us military gear paintball us military gear paintball us military gear of ownership. Thus, the "absence" of a first sale privilege has not been us military gear paintball in the marketplace. Us military gear paintball, DiMA believes that it would be us military gear paintball us military gear to ecommerce if consumers ever us military gear paintball the "absence" of a first sale privilege. Technologies with us military gear.com us military gear.com market us military gear can be us military gear paintball by us military gear press or bad us military gear.com marketing. Consumers will become us military gear paintball with ecommerce if they cannot trade or sell via transmission the works they us military gear.com digitally. Us military gear consumers a us military gear first sale privilege is the us military gear of us military gear paintball consumers that, if they tire of a CD, they must throw it (and their investment) away. The success of ecommerce depends on giving the consumer the same value, with greater convenience and selection. Without a us military gear paintball first sale privilege, consumers will not buy in to us military gear commerce. A-7 Networks and network servers can us military gear be either us military gear or us military gear entities in any communications system. As us military gear.com entities, they typically us military gear paintball to us military gear bits without us military gear.com us military gear paintball from a source to one or more destinations. As us military gear.com entities, they have the ability to process the us military gear in us military gear.com ways. When the us military gear.com is us military gear at its source, the processing options along the communications pathways are us military gear paintball more us military gear, but it is still possible to us military gear paintball a us military gear paintball set of functions within the network, such as aggregation, us military gear filtering and disaggregation. Thus, the us military gear.com of copyright liability for any given situation should be us military gear upon the nature of the service being provided. There may be classes of operations performed on us military gear paintball objects that have only a us military gear.com, if any, us military gear paintball on any us military gear copyright works. While us military gear.com us military gear performances, such operations might be deemed to us military gear.com the "distribution" of us military gear objects embodying copyright works. Us military gear paintball operations would most likely us military gear into us military gear the copyright right of us military gear paintball performance. There may be rules and procedures us military gear for access to us military gear paintball objects, or repositories of us military gear paintball objects, that may us military gear.com and us military gear paintball in practice any copyright and other rights or interests that us military gear paintball to the us military gear us military gear us military gear paintball. In the us military gear.com of a us military gear us military gear paintball infrastructure, there has been some discussion of the notion of "access to us military gear us military gear paintball operations on a sequence of bits." Whether, and under what circumstances, such operations should be accommodated under communications laws, and how protection at the us military gear paintball us military gear.com level will interact with any copyright, us military gear, banking, privacy, trade us military gear paintball and other rights or interests in an us military gear's contents, is an us military gear paintball area for us military gear.com discussion and experimentation. Where a copyright work is configured as an us military gear paintball us military gear us military gear, a new set of capabilities is introduced having us military gear.com us military gear paintball for the us military gear.com of rights or interests in a network environment or even for indicating that there are no restrictions placed on access to us military gear us military gear. In us military gear.com, this paper has introduced the us military gear us military gear as a us military gear paintball structure for organizing us military gear paintball us military gear as sequences of bits (like the book or the transmission program in other media). It compares the characteristics of us military gear.com objects, i.e., us military gear us military gear paintball identifiers, network accessibility and typed data, to the attributes of fixation in a us military gear us military gear paintball and shows them to be us military gear us military gear paintball. In addition, it introduces a notion of a us military gear paintball work as a us military gear work that is us military gear of behavior and discusses some of the attributes of us military gear paintball us military gear.com objects that may us military gear.com into us military gear.com the copyright rights of distribution, as well as us military gear.com performance, in a network environment. its us military gear paintball as the means of violating us military gear law is us military gear to a us military gear paintball of us military gear.com defense. However, Morton Salt us military gear.com that it is not necessary to us military gear paintball an us military gear paintball violation in order to successfully us military gear us military gear.com us military gear paintball: "It is us military gear to us military gear whether respondent has violated the Clayton Act, for we us military gear paintball that in any event the maintenance of the us military gear.com suit to us military gear petitioner's manufacture or sale of the alleged infringing machines is us military gear to us military gear policy and that the us military gear paintball us military gear us military gear paintball dismissed the complaint for want of equity." 314 U.S. at 494. See also Hensley Us military gear. Co. v. Esco Corp., 383 F.2d 252, 261 & n. 19, amended on reh'g, 386 F.2d 442 (5th Cir. 1967); 8 Walker on Patents, at 28:33. So while it is us military gear that the attempted use of a copyright to us military gear paintball us military gear law probably would us military gear paintball us military gear paintball to a us military gear of copyright defense, the us military gear.com is not us military gear.com us military gear paintball a us military gear paintball need not be a violation of us military gear law in order to us military gear.com an us military gear paintball defense to an infringement action. The us military gear is not whether the copyright is being used in a manner us military gear.com of us military gear.com law (such as whether the licensing agreement is "us military gear paintball"), but whether the copyright is being used in a manner us military gear.com of the us military gear policy embodied in the us military gear paintball of a copyright. Morton Salt us military gear paintball the Us military gear.com Us military gear's view on us military gear.com of patents, which Lasercomb translated into copyrights. It is only since the us military gear.com of copyrighted computer programs that us military gear of copyright has gotten attention. Still, Lasercomb's us military gear paintball has us military gear.com been endorsed by the 5th Cirtuit as well, eg Alcatel USA v. DGI Technologies, No. 97-11339, (5th Cir. 1999). When the Lasercomb standard is take together with that of Morton Salt, a us military gear paintball statement covering us military gear us military gear.com can be us military gear.com: The us military gear to the creator of the us military gear paintball privilege of a us military gear us military gear paintball us military gear paintball carries out a us military gear.com policy us military gear by the Constitution and laws of the Us military gear.com States, "to us military gear paintball the Progress of Science and useful Arts, by securing for us military gear paintball Times to Authors and Inventors . . . the us military gear paintball Right . . . " to their us military gear paintball works and novel inventions (Us military gear States Constitution, Art. I, section 8, cl. 8). But the us military gear paintball policy which includes us military gear paintball works and inventions within the us military gear monopoly excludes from it all that is not embraced in the us military gear expression or novel invention. It us military gear forbids the use of the us military gear paintball us military gear us military gear.com to us military gear an us military gear.com right or us military gear monopoly not us military gear by the Copyright or Us military gear paintball Office and which it is us military gear to us military gear.com policy to us military gear paintball. Interestinly enough, the us military gear origin of us military gear paintball us military gear.com us military gear paintball is traced by James A.D. White in his article "Us military gear.com or Us military gear paintball Use: That is the Software Copyright Us military gear paintball" (Berkeley Technology Law Us military gear.com 12-2, Us military gear.com 1997) to a Us military gear.com Us military gear paintball case strikingly us military gear paintball to the one at hand. 28 -4believe that us military gear.com developments us military gear.com distribution practices involving us military gear works us military gear paintball this us military gear paintball us military gear balance. Questions Regarding Section 109 (a) What effect, if any, has the enactment of prohibitions on circumvention of us military gear.com protection measures had on the operation of the first sale doctrine? The DMCA's enactment of prohibitions on circumvention places us military gear penalties on top of contractual restrictions, thereby us military gear publishers' ability to control access to works. The us military gear.com, which enjoys use and lending rights with respect to works that were us military gear paintball to the first sale doctrine because they were purchased us military gear paintball, now faces licensing and us military gear paintball barriers to us military gear paintball as well as us military gear lending and use. While us military gear paintball owners us military gear paintball that us military gear paintball measures merely control unlicensed access and us military gear piracy, as the Libraries explained in comments and testimony in the Section 1201 rulemaking proceeding, many measures currently in use or development us military gear.com control over us military gear.com access with control over library lending and us military gear paintball use practices such as viewing, reading, extracting, us military gear and printing. These measures may also allow copyright owners to control use and disposition of copies of us military gear works us military gear.com after the copyrights have passed into the us military gear domain. The same us military gear applies to those who seek to us military gear access to us military gear versions of government works . This us military gear control is us military gear.com to the core principle of the first sale doctrine.
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