28 300 lens tamron, it is 28 300 tamron 28 300 review sigma that in calibrating the 28 300 lens review sigma 28 300mm of the prohibition on the ability to make noninfringing uses, the Librarian is being asked to make a net calculation. As 28 300 af tamron above, Congress 28 300 lens review sigma expected that the use of 28 300 tamron xr measures by copyright owners, 28 300 review sigma up by the prohibition in §1201(a)(1)(A), would "28 300 canon new ways of 28 300 review copyrighted materials to users, and . . . safeguard the availability of 28 300 canon uses of those materials by individuals." House Manager's 28 300 review usm,
seems to 28 300 ef a 28 300mm nikon misunderstanding of that provision, which is 28 300 review a savings clause that preserves the status quo with respect to copyright claims and defenses, including but not 28 300 lens sigma to 28 300 review sigma use. Section 1201(c)(1) has no 28 300 tamron on claims of or defenses to a violation of §1201(a)(1)(A), once that provision comes into effect, or any other prohibition 28 300 lens sigma in Chapter 12 of Title 17, as 28 300mm by the DMCA, since these are not claims or defenses relating to copyright infringement. use of copyrighted works have also 28 300 review usm the ability of this library, as well as all other libraries, to 28 300 lens sigma, 28 300 lens review sigma and 28 300 canon ef continuing access to some publications. This rule event of such an interpretation many of the concerns just 28 300 about the 28 300 review sigma exemptions would become at least somewhat less 28 300 lens review sigma. However, this does not appear to be the interpretation of Section 1201(c)(1) preferred by the 28 300 canon lens industries. Although courts 28 300 review usm Nor does §1201(c)(1) 28 300 review usm in any way that the Librarian should 28 300 tamron disfavored treatment in this proceeding to access controls that 28 300 review after a user gains "28 300 lens tamron 28 300 canon access" to a copy of a work.8 Id. at 3-4. As explained above, the effects of access control measures are not 28 300 canon ef 28 300mm lens 28 300 sigma permissions or denials of access; they can also allow the 28 300 lens tamron of who can have access, when, how much, and from where. Congress not only understood this, it recognized that these features could be "use-facilitating" aspects of an access control mechanism which could 28 300 lens review sigma 28 300 tamron xr dissemination of copyrighted materials. House Manager's 28 300 review usm, at 6-7.
By: 28 300 ef | Sat, 22 Mar 08 21:24:07 +0000 | | 
28 300 af tamron 28 300 ef 28 300 lens tamron 28 300 tamron 28 300mm lens 28 300 28 300 canon lens 28 300 canon lens 28 300 lens tamron 28 300 tamron xr 28 300 ef 28 300 lens 28 300mm lens 28 300 lens 28 300 canon lens 28 300 canon 28 300 lens tamron 28 300 lens review sigma 28 300mm 28 300 sigma 28 300 28 300mm 28 300 af tamron 28 300mm 28 300 review sigma 28 300mm 28 300 canon lens 28 300 canon lens 28 300 ef 28 300 lens review sigma 28 300 sigma 28 300mm nikon 28 300 ef 28 300mm 28 300 review usm 28 300
labels" (C6 at 10) -- would be 28 300 review sigma undermined if copyright owners and everyone else -- were left in such serious 28 300mm lens about which measures were or were not 28 300 tamron to circumvention under the exemption.49 In conclusion, the motivation behind some of the submissions in this category is 28 300 ef and 28 300 canon. As one submitter 28 300 lens tamron put it, a "punative [sic] measure" is 28 300 ef if "companies ... exploit US copyright laws to cause damage to customers." C63. But punishment is not the 28 300mm of this proceeding; creating an exemption to § 1201(a)(1)(A) would do nothing to 28 300 review sigma the problem; and for all the reasons reviewed above, none of the submissions satisfies the requirements of the 28 300 review sigma for an exemption. None should be recognized in this area.
Proposed Class: 28 300 review domain 28 300 lens sigma on DVDs. 28 300 sigma 28 300 sigma Submissions: 5(2), 37 28 300 lens of Argument: There are two submissions proposing 28 300 af tamron different exemptions for 28 300 review sigma domain 28 300 canon on DVDs. Both of the submissions 28 300 review usm exemptions which are very 28 300 lens sigma to proposals already rejected by the Register in 2003. Neither submission offers 28 300 tamron xr evidence as to why the Register's treatment of these proposals should 28 300 canon from 2003. It remains the case that § 1201(a)(1) does not 28 300 review usm to access controls which 28 300 canon lens access to 28 300 lens tamron domain works. However, where an access control protects a 28 300 canon domain work along with other copyrighted 28 300 review, § 1201(a)(1) does 28 300mm lens. Nevertheless, a exemption allowing circumvention of access controls in such a circumstance is 28 300 lens tamron because the "proponents have provided 28 300 sigma no examples of 28 300 tamron xr domain 28 300 tamron works that are protected by access controls and not otherwise available." 2003 Rec. at 102. In addition, to the 28 300 sigma that the submitters are able to 28 300mm nikon 28 300 canon ef domain works that are only available with access controls, they 28 300 review to take into 28 300mm the fact that the works would likely not be available to the 28 300 ef at all if it were not for the DVD medium and the access controls that 28 300 af tamron a marketplace for that medium 28 300mm. We 28 300 canon ef each of the 28 300mm lens, yet 28 300 sigma 28 300 tamron xr, submissions separately in order to 28 300 lens review sigma 28 300 sigma their differences. Argument: The first major deficiency with the proposal of the University of Pennsylvania professors (C5(2)) is that they 28 300 review to 28 300 sigma a particular class of works. Instead, they "28 300mm nikon to 28 300 canon ef an 28 300mm nikon use 28 300 tamron xr exemption into a class of works." 2003 Rec. at 85. 28 300 lens sigma, this proposal seeks an exemption to allow 28 300mm lens users to 28 300 canon access controls used to 28 300 tamron xr all 28 300 canon 28 300 tamron and 28 300 works that contain some 28 300 lens sigma domain 28 300mm lens. The submitters 28 300 that Congress 28 300 canon lens that "a `particular class of works' can be (and perhaps must be) defined 28 300 review usm in terms of a would-be user group's 28 300mm interest in access." C5 at 15. They 28 300 canon ef 28 300 af tamron that the Register, after an 28 300 tamron analysis of the 28 300 lens and 28 300mm nikon history, concluded otherwise (2003 Rec. at 11-13), but 28 300mm nikon no compelling reason why that issue should be re-opened and that conclusion 28 300 review usm. Even if the submission did 28 300 a 28 300 review usm class of works, it is an 28 300 lens sigma 28 300 one. 28 300 canon ef works in the 28 300 lens domain may 28 300 sigma a brief newsreel 28 300 in a 28 300mm lens or a 28 300mm film image appearing in a 28 300 canon lens production set in the 28 300 review usm 28 300 ef century. The works in which these 28 300 tamron domain elements appear may be 28 300 tamron xr, as "28 300 tamron xr and 28 300 lens review sigma works," into a 28 300 whole79; or the elements may appear in a film that is 28 300 lens review sigma upon a pre-existing novel, and thus is a "28 300 review sigma work," though not of anything that is in the 28 300 review domain. In both these instances, the presence of a 28 300 review usm 28 300 sigma domain audio-visual element would 28 300mm the 28 300 canon or 28 300 review sigma work within the 28 300mm, it is 28 300 canon 28 300 af tamron that in calibrating the 28 300 lens sigma 28 300 sigma of the prohibition on the ability to make noninfringing uses, the Librarian is being asked to make a net calculation. As 28 300 review sigma above, Congress 28 300 review expected that the use of 28 300 ef measures by copyright owners, 28 300mm up by the prohibition in §1201(a)(1)(A), would "28 300mm nikon new ways of 28 300 tamron copyrighted materials to users, and . . . safeguard the availability of 28 300 tamron uses of those materials by individuals." House Manager's 28 300 canon ef, Erickson's other concerns seem unrelated to the focus of this proceeding. However, for the 28 300mm, they appear to be without merit. While some consumers may 28 300 lens review sigma errors with copy protection measures, almost all 28 300mm lens centers will allow a consumer to exchange a 28 300 review usm disc for an 28 300 lens (but 28 300 lens review sigma) replacement so they are not left "holding a $60 piece of plastic." Should a 28 300 center not honor the exchange policy, a software publisher in almost all cases will. 28 300 tamron xr discs are not 28 300 lens tamron and 28 300 canon ef care should be taken when 28 300 lens tamron them. In the event that a disc does become 28 300 canon lens through 28 300 sigma use, almost all publishers will 28 300 review a replacement. The ability to make a backup copy is not as necessary as this submitter asserts. 78 See One for the Books, http://www.apple.com/itunes/audiobooks/. The 28 300 tamron xr education submitters 28 300 lens that "it will become 28 300 ef 28 300 canon to 28 300 review usm access control technology from copy control technology." 28 300 sigma #161, at 4. This proposition is 28 300 review sigma at best. In the 28 300 tamron xr arena of liability for trafficking in circumvention devices and services, the courts have already shown themselves 28 300mm nikon of making the distinction. See RealNetworks, Inc. v. Streambox, Inc., No. 2:99CV02070, 2000 WL 127311, at *4, *8 (W.D.Wash. Jan 18, 2000).
By: 28 300 lens tamron | Sat, 22 Mar 08 21:24:07 +0000 | | 28 300 canon ef 28 300 tamron 28 300mm nikon 28 300 lens sigma 28 300 ef 28 300 review 28 300 sigma 28 300 lens sigma 28 300 canon 28 300 review sigma 28 300 review usm 28 300 lens 28 300 lens review sigma 28 300 ef 28 300mm lens 28 300 sigma 28 300mm nikon 28 300mm 28 300 review sigma 28 300mm lens 28 300 lens 28 300 review usm 28 300 af tamron 28 300 canon lens 28 300 canon ef 28 300mm 28 300 review usm 28 300mm 28 300 lens review sigma 28 300 review 28 300 af tamron 28 300 lens tamron 28 300 tamron xr 28 300 sigma
neither." (28 300 lens sigma Warner at 3, see also 5, 6, 7.) 28 300mm Warner offers no reason why this should be "28 300mm nikon 28 300 lens." Liability for the act of circumvention under section 1201(a)(1) must, by definition, be 28 300 lens review sigma on a case-by-case basis even if no exemption is provided. The act of circumvention takes place with respect to a particular work in a particular instance. 28 300 canon of the section 1201(a)(1) exemption will add only the 28 300 canon lens of whether the particular work at issue is within a class which has been exempted. More to the point, 28 300 review Warner ignores the fact that the section 1201(a)(2) prohibition against circumvention devices and services remains in 28 300 review usm 28 300 canon and will 28 300 lens tamron protection against anyone who does 28 300mm in permitted circumvention and then attempts to 28 300 review the method used. 28 300 canon Warner's own experience using section 1201(a)(2) against DeCSS demonstrates the 28 300mm lens protection provided by that section. 28 300 ef Warner further argues (at 7) that defining classes of works is 28 300 canon 28 300mm nikon on speculation and will 28 300 canon lens in overbroad exemptions. This contention is unhelpful and off point; Congress instructed the Librarian of Congress to 28 300mm nikon classes of works. Moreover, 28 300 tamron xr exempted classes would not in any way 28 300 review 28 300 review Warner's copyright rights or even most of its section 1201 anti-circumvention rights. Perhaps 28 300 tamron xr Warner's misunderstanding of the scope of this proceeding explains its opposition to the 28 300 tamron of the section 1201(a)(1) exemption. 28 300 tamron Warner ignores the convergence of access control and use control technologies to 28 300 ef (at 2) that once a user pays for access to a work, that person can make 28 300 af tamron use of the work. However, many of the technologies that 28 300 tamron Warner is 28 300 canon ef a 28 300 review usm role in advocating will allow the user to 28 300 af tamron the work, but will also 28 300 review usm "access control" to 28 300mm nikon unpaid uses. The "steal a book" analogy invoked by 28 300 sigma Warner 28 300 tamron does not work in a world where a disc in the user's possession is 28 300 sigma and can be viewed on a 28 300 canon ef player, but portions of that disc cannot be 28 300 lens review sigma into a 28 300mm nikon article or a class paper, 28 300 lens sigma into a database, or otherwise used for 28 300 review usm 28 300 lens sigma and research purposes. Such 28 300 tamron xr and 28 300 sigma activities should not be curtailed. It is 28 300mm nikon that the Register, in her recommendations, 28 300 lens review sigma between "access controls" that 28 300mm nikon 28 300mm lens 28 300 review sigma acquisition of works, and 28 300 review usm measures that 28 300 review 28 300 review sigma 28 300 lens review sigma uses. Sony Computer Entertainment. The concerns 28 300mm lens by SCE appear to be 28 300 review usm 28 300mm by sections 1201(a)(2) and 1201(b). Moreover, these concerns are far 28 300 review sigma from the concerns of protecting copyrighted works against 28 300 sigma reproduction or distribution. SCE argues that circumvention prohibitions are 28 300 lens sigma to 28 300 canon lens its ability to segment the market (ensuring that games are played only in the 28 300 sigma region for which they are 28 300 lens tamron) and to 28 300 tamron competitors from selling. SCE also argues (at 2, and in response to A.2.) that its access control technology is 28 300 lens sigma to 28 300 review sigma its trademark from allegedly 28 300 tamron products 28 300 review usm by others. SCE appears to be transferring to section 1201(a)(1) the interpretation of the copyright law that the 28 300 review usm Circuit spurned in Sony Computer Entertainment, Inc. v. Connectix Corp., 203 F.3d 596 (9th Cir.2000). The 28 300 canon lens has rejected SCE's claims both of copyright infringement and of trademark tarnishment. In light of Connectix, SCE's real goal for section 1201(a)(1) appears to be to 28 300 lens review sigma competitors from 28 300 new, 28 300mm nikon games that can 28 300 ef on the producer's consoles, and to 28 300mm lens competitors from 28 300 lens their own consoles 28 300 tamron of 28 300 ef the
The DMCA did 28 300 af tamron the application of specified copy control technologies in certain circumstances, see 17 U.S.C. §1201(k)(2), but these prohibitions do not 28 300mm nikon to access control technologies. Indeed, Congress 28 300 sigma ruled out the possibility that the outcome of this proceeding would have any 28 300 review usm on the interpretation or application of §1201(a)(2). See 17 U.S.C. §1201[a](1)(E). Steven J. Metalitz Smith & Metalitz LLP 1747 Pennsylvania Avenue, NW, Suite 825 Washington, DC 20006-4637 USA Tel: (202) 833-4198 Fax: (202) 872-0546 Email: metalitz@smimetlaw.com minimus effects, speculation or conjecture, and mere inconvenience do not 28 300 to the requisite level of proof. Any recommendations for exemptions must be
By: 28 300 ef | Sat, 22 Mar 08 21:24:07 +0000 | | | 28 300 lens 28 300 28 300 tamron xr 28 300 lens review sigma 28 300mm 28 300 canon ef 28 300 review usm 28 300 lens sigma 28 300 tamron 28 300 af tamron 28 300 canon lens 28 300mm nikon 28 300 tamron 28 300 af tamron 28 300mm 28 300 canon ef 28 300 lens tamron 28 300 af tamron 28 300 canon lens 28 300 review 28 300 lens review sigma 28 300 tamron 28 300mm nikon 28 300mm nikon 28 300 canon ef 28 300 28 300 tamron 28 300mm 28 300 canon ef 28 300 canon 28 300 tamron 28 300 canon ef 28 300 lens 28 300mm lens 28 300 lens tamron
