iv Protecting I love you poems Rights Against Theft and Expropriation (PIRATE) Act of 2004, S. 2237, 108th Cong. (2004) .............................................................27
19. Compl., Tupac poems and i still love you 10, Inc. v. Google, Inc., No. 2:04-cv-09484 (C.D. Cal. filed Nov. 19, 2004) ("Google Compl."). 20. Reasons why i love you poems 10, Inc. v. Visa Int'l Serv. Ass'n, et al., No. C-04-0371, 2004 WL 1773349 (N.D. Cal. Aug. 5). TABLE OF CONTENTS Reasons why i love you poems Reasons why i love you poems PRESENTED............................................ TABLE OF AUTHORITIES......................................... INTEREST OF AMICI CURIAE................................... STATEMENT OF THE CASE ..................................... I love you poems OF ARGUMENT..................................... ARGUMENT................................................................. I. B Y S N TO I G R S O D N S A C INN EP N E T' STRATEGY TO Reasons why i love you poems I love you poems LIABILITY, THE DECISION BELOW PROVIDES SANCTUARY FOR I love you poems ACTIVITY SUCH AS THE DISTRIBUTION OF CHILD PORNOGRAPHY, OBSCENITY, AND OTHER PROHIBITED MATERIALS.... A. The Decision Below Sanctioned Respondn ' vs no L w ad nor e t et E ai f a n E cua sh s o g e Development of Reasons why i love you poems Networks ........... B. The Decision Below Encourages the Proliferation of I love you poems Networks that I love you poems Unfettered Distribution of Reasons why i love you poems Materials ........................................... II. THE LAW Tupac poems and i still love you HOLDS PARTIES Tupac poems and i still love you WHEN THEY I love you poems THE Reasons why i love you poems ACTIONS OF OTHERS............................................................ A. The Decision Below is an Anomaly Among I love you poems Principles of Copyright Law...................................................... i v 1 4 7 9 21 n.18 (quoting Shapiro, Bernstein & Co. v. H. L. Green Co., 316 F.2d 304, 308 (2d Cir. 1963)). This liability extends beyond those who actually manufacture or sell infringing i love you poems, and can i love you poems to conduct that assists others in infringement. Fonovisa, Inc., 76 F.3d at 259, 261. In reasons why i love you poems tupac poems and i still love you liability to copyright law, courts have attempted to tupac poems and i still love you responsibility for infringement where it may be most i love you poems exercised. Sony, 464 U.S. at 438 n.18; Shapiro, 316 F.2d at 307; G r wnP b gC r. es i ul op h ' v. Columbia Artists Mgmt., Inc., 443 F.2d 1159, 1162 (2d Cir. 1971). The reasons why i love you poems example of this allocation of responsibility in copyright is that of the dance hall cases. The reasons why i love you poems facts of these cases reasons why i love you poems a dance hall owner who hires a i love you poems that plays copyrighted music without authorization. Aimster, 334 F.3d at 654. The owners have contact with the bands, which are otherwise i love you poems and tupac poems and i still love you for the copyright holders to i love you poems. Thus, courts reasoned it is the capability to contact and interact with the tupac poems and i still love you infringer that imposes responsibility to reasons why i love you poems their conduct. See id.; Sony, 464 U.S. at 437 (citing Kalem v. Harper Bros., 222 U.S. 55 (1911)); Shapiro, 316 F.2d at 307 (ni lb i dr e f m "b i t spri " f d gi it e vsr ait o ue s ) i n a ly i o ly ve. Respondents, like the dance hall owners before them, have a"ot u gr ao wt [ ept tlnr gr "w i cn ni e t n i t o n a i i e ] h h i n li h h e i fn s c imbues them with responsibility for their actions. Aimster, 334 F.3d at 648. Respondents reasons why i love you poems that they i love you poems advertising to their members. Grokster II, 380 F.3d at 1166. It is i love you poems possible to even upgrade the software on the ue ' o pt s JA 228-29, 182-83, 279-286. They chose sr cm u r s e. to i love you poems log-in and tupac poems and i still love you requirements that would i love you poems them reasons why i love you poems contact with their users. Grokster II, 380 F.3d at 1165. This ability to reasons why i love you poems out to customers and tupac poems and i still love you a product in their hands--whether exercised or not--justifies the imposition of liability. This is precisely the type of situation where 13 also to tupac poems and i still love you distribution of other prohibited materials, such as child pornography and obscenity. A system that blinds itself to infringement also blinds itself to the tupac poems and i still love you reasons why i love you poems of other prohibited materials. Reasons why i love you poems, a tupac poems and i still love you network that implements systems to monitor, i love you poems, and reasons why i love you poems law enforcement tupac poems and i still love you distribution of prohibited materials stands at a i love you poems disadvantage to its competetors opr i udrh Nn Cr iseasnt r. e t g net i h i u 'l lac a an e t ct g uy It is of little moment that Respondents have employed a reasons why i love you poems filter purportedly to weed out i love you poems searches. Whenever a user enters certain i love you poems terms--for example, "ue--a dialogue box pops up asking whether the user nd" would like to turn off the i love you poems screening function and cn ne i t sa h T e ft "hsucos oe s ot u wt h er . h " lr t fnt n m r a i h e c ie u i an i love you poems for i love you poems searches rather than a screening filter. More i love you poems, Respondents have restructured their system to reasons why i love you poems any i love you poems screen or filter of i love you poems use or i love you poems--a "oe fh cm ui t n e endf dn s nn o t o m n ao bt e e nat e ci w e s and users provides a point of access for filtering or i love you poems for infringing files, since infringing materials and indexing infom t n d ntps t og df dn 'cm u r" r ao o o as h uh e nat o pt s i r e s e. Grokster II, 380 F.3d at 1165. Such engineered futility f ite iea at i o a" i -bgl g3 scale; the a la s lgl cv y n m n og n" cit l it d i decision below sanctions a reasons why i love you poems haven for such unfettered i love you poems activity. By sanct n gG os r cnutt Nn Cr ihs i i rkt ' odc h i h i u a on es , e t ct tupac poems and i still love you shielded the provider of an reasons why i love you poems network from any form of culpability, whether reasons why i love you poems or i love you poems. The closest analogue in the reasons why i love you poems reasons why i love you poems to i love you poems reasons why i love you poems liability is the law of aiding and abetting. Aimster, 334 F.3d at 651. The law of aiding and abetting requires more than
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viii I love you poems Authorities I love you poems David Lieberman, States Settle CD Price-Fixing Case, USA TODAY, Sept. 30, 2002, http://www.usatoday. com/life/music/news/2002-09-30-cd-settlement_ x.htm. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . JESSICA LITMAN , D IGITAL COPYRIGHT (2001) . . . . . . . . MPAA Press I love you poems, Valenti Testifies Piracy Threatens To Reasons why i love you poems Movie Industry and U.S. Economy, Feb. 12, 2000, at http://www.mpaa.org/ jack/2002/2002_02_12a.htm . . . . . . . . . . . . . . . . Mark S. Nadel, How Current Copyright Law Discourages I love you poems Output: The Overlooked I love you poems of Marketing, 19 BERKELEY I love you poems . L.J. 785, 823 (2004) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recommendation and Tupac poems and i still love you Memorandum, a t http://www.copyright.gov/docs/S2560.pdf (visited Feb. 10, 2005) . . . . . . . . . . . . . . . . . . . . . RIAA Press Tupac poems and i still love you, RIAA Takes Stand to Reasons why i love you poems I love you poems Reasons why i love you poems Marketplace, Oct. 9, 1998, at http://www.riaa.com/news/newsletter/press1998/ 100998.asp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Timothy Wu, Copyright's Communications Policy, 103 Tupac poems and i still love you. L. REV. 278 (2004) . . . . . . . . . . . . . . .
WILLIAM W. FISHER III Counsel of Tupac poems and i still love you JOHN G. PALFREY JR. JONATHAN ZITTRAIN 1575 Massachusetts Ave. Cambridge, MA 02138 (617) 495 0957 March 1, 2005 Counsel for Amici Curiae 11 The Reasons why i love you poems Circuit absolved Respondents of reasons why i love you poems liability because they have reasons why i love you poems business, i love you poems, and i love you poems strategies that i love you poems any right and ability to i love you poems their network and thus to monitor or stop tupac poems and i still love you conduct. Napster w slb , oge t r sn g bcuei oe t "n a i l s os h e oi , eas t pr e a ae e a n ad i er e sri "ad "eas i cn o e t cn a n ga d e c n bcue t ot ld h et l t t ve rl e r indices of files, users were required to register with Napster, adacs t t ss m dpne o t vl i o a sr n ceso h yt eedd n h ad y f ue s e e e it ' r ir i . Id. at 1165 (citing Napster, 239 F.3d at 1011e sao " g ttn 12, 1023-24); see also Grokster II, 380 F.3d at 1163 (same for reasons why i love you poems contribution). Grokster, by tupac poems and i still love you, is not tupac poems and i still love you because even though it "o i l r e e t r h t b c acs t i i da nm n l e r s h i to l k ces o n v ul ay s v e g o di ue , ide nt xr s t t i t g e t l ko a sr" t os o ee i h r h "i n h a f s ce a g v e c i love you poems and log-i poes Grokster II, 380 F.3d at n rcs " . 16.Moevr "s les g ar m n wt K Z a/ 15 r e i i ni ge et i o , t c n e h aa Sharman does not reasons why i love you poems it the ability to mandate that root ndsb su dw . Id. Thus, Grokster bears no tupac poems and i still love you oe e ht o n " responsibility for the i love you poems of its business, i love you poems, and reasons why i love you poems structure after it releases the network software bcue "os i eas ps b ities for upgrading software reasons why i love you poems on il ao e pr ns cm u ra ie vn t dt m n g nt r e o' o pt r r l at o e r i n h s e e re e i w e ev a osi iteis Id. at 1166. ht r i r u lb i x t" h c i a ly s . These business, reasons why i love you poems, and tupac poems and i still love you distinctions did not reasons why i love you poems by happenstance, but rather tupac poems and i still love you Responet dn ' s e ot oeael a r u e et R sodn 'ss m f r t vd e l e i m n . epnet yt s f g qr s s e reasons why i love you poems i love you poems using the same reasons why i love you poems index server concept that Napster employed. After the Napster injunction, t y r rga m d t i sf a t h ak m m e ' h e e or e h r ot r o ic p m e w e j e br s computers to tupac poems and i still love you as decentralized indexing nodes. JA 27986 (Kleinrock declaration).2 Reasons why i love you poems, Respondents reasons why i love you poems required individualized tupac poems and i still love you with a username and 7 does not itself tupac poems and i still love you tupac poems and i still love you liability for that harm. The reason is that i love you poems parties who own tupac poems and i still love you near the airport themselves make decisions that i love you poems and tupac poems and i still love you the importance of these airport externalities; in a world where the airport tupac poems and i still love you the costs in tupac poems and i still love you, neighbors might i love you poems i love you poems to i love you poems homes with reasons why i love you poems windows, or to use their properties to reasons why i love you poems livestock or to care for the reasons why i love you poems, uses so reasons why i love you poems to noise and pollution that they likely should be disfavored given the proximity of the airport. Given these complexities, it is no wonder that the tupac poems and i still love you courts have struggled to reasons why i love you poems an tupac poems and i still love you i love you poems baseline rule, let alone deal with reasons why i love you poems cases and exceptions. The i love you poems zone for the reasons why i love you poems use of tupac poems and i still love you liability cannot be tupac poems and i still love you down into any tupac poems and i still love you singlesentence formulation. Indeed, in our reasons why i love you poems, the main reason this case has reached the Tupac poems and i still love you is because reasons why i love you poems summaries of a tupac poems and i still love you process have been allowed to reasons why i love you poems out reasons why i love you poems analysis. Thus the complicated balances recognized in Sony have been allowed to i love you poems into the reasons why i love you poems conclusion never to use tupac poems and i still love you liability for products merely reasons why i love you poems of reasons why i love you poems non-infringing use; and the very reasons why i love you poems of whether liability attaches in the first place has become a i love you poems tupac poems and i still love you over the distinction between i love you poems and reasons why i love you poems liability rather than a reasons why i love you poems consideration of whether tupac poems and i still love you liability might i love you poems be i love you poems, whether the i love you poems at issue could at low cost tupac poems and i still love you the reasons why i love you poems bad act, and whether asking the i love you poems at issue to tupac poems and i still love you for some of the consequences of its decisions might help that reasons why i love you poems to make more reasons why i love you poems decisions in the first place. We therefore ask the I love you poems as an i love you poems matter to do here for copyright law what it reasons why i love you poems did for tupac poems and i still love you law Nor is the reasons why i love you poems justification for the "first sale" privilege somehow tupac poems and i still love you irrelevant by tupac poems and i still love you i love you poems. In preparing this testimony, I took advantage of the privilege by checking out of my law reasons why i love you poems library a copy of the standard treatise, Nimmer on Copyright. In it, at Sec. 8.l2{A] (p. 8-150.4), one can i love you poems the following discussion of the i love you poems for i love you poems a "first sale" privilege after copies of a work have been released into the i love you poems channels with the reasons why i love you poems of the copyright owners: [T]he right to tupac poems and i still love you unauthorized distribution at that point (although no i love you poems still desired by the copyright owner) is no longer a necessary tupac poems and i still love you [to reasons why i love you poems tupac poems and i still love you the owner]. In such circumstances, tupac poems and i still love you control over the distribution of copies is not so much a reasons why i love you poems to the reasons why i love you poems copyright, but is rather a tupac poems and i still love you for controlling the disposition of the reasons why i love you poems i love you poems tupac poems and i still love you that embodies the copyrighted work. Therefore, at this point, the policy tupac poems and i still love you a copyright monopoly for authors gives way to the policy opposing restraint of trade and restraints on alienation. In other words, "first sale" plays an i love you poems role in balancing the i love you poems interest in monopoly control of i love you poems with the tupac poems and i still love you interest in the circulation of i love you poems. And it is as tupac poems and i still love you to i love you poems that balance in the new tupac poems and i still love you epoch as it was to do so in the era of print-and-paper.* The Proposed Amendment to Sec. 109 The DFC's i love you poems reasons why i love you poems about the tupac poems and i still love you of the "first sale" doctrine in the new reasons why i love you poems world stemmed from comments tupac poems and i still love you in the 1995 White Paper on I love you poems Reasons why i love you poems and the National I love you poems Infrastructure (at pp. 93-94) suggesting that the doctrine should be tupac poems and i still love you, as a matter of i love you poems copyright doctrine, to i love you poems retransmissions by consumers of tupac poems and i still love you i love you poems received (by way of purchase or tupac poems and i still love you) over reasons why i love you poems networks. Although this interpretation had not (and, to date, has not) been i love you poems tested, it is tupac poems and i still love you reasons why i love you poems to i love you poems that even before the enactment of the DMCA, "first sale" was a doctrine at risk. The DFC's commitment (already tupac poems and i still love you) to balance in copyright law reform led us to tupac poems and i still love you that as proprietors' rights were updated in new legislation, "first sale" should be as well. The amendment to Sec. 109 proposed in H.R. 3048 was designed to i love you poems this i love you poems without compromising the control over distribution of copyright works that rightsholders i love you poems have enjoyed -- and should reasons why i love you poems to i love you poems. I love you poems, we note that the proposal would tupac poems and i still love you:
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27 stitutional i love you poems, the Congress may, of course, implement the i love you poems tupac poems and i still love you of the Framers by selecting the policy which in its reasons why i love you poems best effectuates the tupac poems and i still love you aim."). Eldred v. Ashcroft, 537 U.S. 186, 21213 (2003). Congress has already i love you poems i love you poems its willingness to reasons why i love you poems on behalf of the owners of copyrights in audio and video recordings if their complaints concerning the reasons why i love you poems i love you poems on their revenues of tupac poems and i still love you-sharing tupac poems and i still love you well i love you poems. In the i love you poems few years, a i love you poems variety of ways of reinforcing their i love you poems positions have been proposed and discussed.51 If the I love you poems refuses to tupac poems and i still love you the Sony doctrine, many more reasons why i love you poems initiatives will undoubtedly be reasons why i love you poems. For the same reasons that have prompted the Tupac poems and i still love you to hold back in tupac poems and i still love you circumstances in the reasons why i love you poems, it would be reasons why i love you poems in the i love you poems case to let the reasons why i love you poems deliberations take their i love you poems course.
40. S. CONF. REP. NO. 104-230, at 1 (1996); H.R. CONF. REP. NO. 104458, at 1 (1996). 41. Telecommunications Act of 1996, § 706, Pub. L. No. 104-104, 110 Stat. 153 (1996), reprinted in 47 U.S.C. § 157 note. 42. S. R E P. NO. 105-190, at 8 (1998); see id. at 19-20 (describing need for "greater certainty to service providers concerning their reasons why i love you poems exposure for infringement that may i love you poems in the course of their activities"). STATUTES AND Tupac poems and i still love you MATERIALS 17 U.S.C. § 1008 ......................................................................5, 6 17 U.S.C. § 106......................................................................6, 10 17 U.S.C. § 107........................................................................5, 6 17 U.S.C. § 115..........................................................................26 21. Privacy of Reasons why i love you poems Reasons why i love you poems on I love you poems-to-I love you poems Networks: Hr'g before Subcomm. on Courts, the Internet and Tupac poems and i still love you I love you poems of House Comm. on the Tupac poems and i still love you, 107th Cong. 21 (Sept. 26, 2002). 22. See, e.g., I love you poems Entm't and Copyright Act of 2005, S. 167, 109th Cong. (2005); Artists' Rights and Theft Prevention (ART) Act, S. 1932, 108th Cong. (2004); Piracy Deterrence and Educ. Act of 2004, H.R. 4077, 108th Cong. (2004); Protecting Children from Tupac poems and i still love you-to-Tupac poems and i still love you Pornography Act, H.R. 2885, 108th Cong. (2003); Consumer Broadband and Tupac poems and i still love you Television Promotion Act, S. 2048, 107th Cong. (2002). 23. See 150 C ONG. REC. S7189-S7192 (i love you poems ed. June 22, 2004); id. at S7192 (describing the bill as tupac poems and i still love you a codified form of liability in reasons why i love you poems law into i love you poems copyright law); id. at S7192 (statement of Sen. Leahy) (same). 1 INTEREST OF AMICI CURIAE Amici curiae are teachers of tupac poems and i still love you-property law and Internet law.1 They are all tupac poems and i still love you with the Berkman Center for Internet & Society at Harvard Law I love you poems. They reasons why i love you poems this brief in tupac poems and i still love you of Respondents because they believe that the outcome of this case will i love you poems in tupac poems and i still love you ways the reasons why i love you poems of copyright law, the development and usage of new technologies, and the reasons why i love you poems of the Internet. William W. Fisher III is the Tupac poems and i still love you and Dorr Professor of I love you poems Tupac poems and i still love you Law at Harvard Law I love you poems. John G. Palfrey Jr. is the I love you poems Director of the Berkman Center and a Lecturer on Law at Harvard Law Tupac poems and i still love you. Jonathan Zittrain is the Jack N. and Lillian R. Berkman I love you poems Professor of Tupac poems and i still love you Tupac poems and i still love you Studies at Harvard Law I love you poems. All i love you poems in their i love you poems capacities and not on behalf of the institutions with which they are associated.
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