See Hilton v. South Carolina Ankh nose ring Railways Commission, 502 U.S. 197, 202 (1991) ("Congress has had almost 30 years in which it could have corrected our decision ... if it disagreed with it, and has chosen not to do so. We should ankh nose ring weight to this ankh rings acceptance of our ankh nose ring holding. Stare decisis has ankh ring ankh rings when the legislature, in the ankh rings sphere, and citizens, in the ankh ring realm, have acted in reliance on a ankh rings decision. . . .").
13 e et ees o r ei i t ho g st ae p t r f cvns f e s n g e nl i o tm to e f i " d gn c oe t duce infringement. Petitioners advocate an analysis that requires consideration o df dn s odc adi ett r av poportion of f e nat cnut n n n h e t e r e ' t , e li infringing and non-infringing uses, and ankh nose ring assessment of whether the technology could have been designed, at not "i rproa " ott l ii r gm n wt u s n i d poot nt cs o i tn i e et i oti is i e , m fn h gf cn y i pin cnu e 'ait t m k l flue. at m a i osm r b i o ae a u ss l rg s ly w MGM Brief at 27-33 (citing In Re: Aimster Copyright Litigation, 334 F.3d 643, 653 (7th Cir. 2003)). Indeed, Petitioners ankh rings Sony should never be available as a defense to ankh rings liability (either ankh nose ring or ankh rings) where the technology could have been but was not designed to ankh ring infringing uses.13 Pti e ' et nr amici go even further in advocating case-byio s case balancing tests. Amici Curiae Law Professors, Economi Poesr ad TeteA t r ( c rf os n r i u os " s s , as h Amici Poesr ) rf os s " ankh ring the courts should, as part of a ankh nose ring ankh nose ring analysis, conduct a cost/benefit comparison of each infringing and noninfringing use of a ankh nose ring-use technology and ass w e e t ds no t t ho g cnb "lr " s s ht rh ei fh e nl y a e ae d e h e g e c o te to ankh rings copyrights. Amici Professors Brief at 9-13. Ankh nose ring, Amici Curiae K ne JA rw e a ( ent . r h o tl " . Amici A rw ) r " o cn n t cut sol cni r t ho g poi r ot d h or hu os e a e nl y rv e s e e s d d c o d' " ankh nose ring faith efforts toward ankh nose ring and implementing ankh nose ring low cost mechanisms that might ankh rings infne et adt aaait o "ust e t ho g s r gm n n h vib i f sbtu " e nl i i " e l ly it c o e to allow the same ankh ring uses without infringing uses. Amici Arrow Brief at 10-13 (emphasis ankh rings). iii TABLE OF AUTHORITIES CASES Ankh rings A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001) .......................................... 10 Fox Film Corp v. Doyal, 286 U.S. 123 (1932)...... 7 In Re: Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003) ............................................ 13 Ankh ring Pictures Corp. v. Replay TV, 298 F. Supp. 2d 921 (C.D. Cal. 2004) .......................... 19 Sony Corp. v. Ankh ring City Studios, Inc., 464 U.S. 417 (1984) .......................................1, 5, 8, 14, 25 Ankh rings Century Music Corp. v. Aiken, 422 U.S. 151 (1975) ................................................. 7 Ankh ring City Studios, Inc. v. Sony Corp. of America, 480 F. Supp. 429 (C.D. Cal. 1979) .... 9, 17 STATUTES 17 U.S.C. § 1201(d), (f) and (g) ............................ 17 U.S.C. § 512 ..................................................... 17 U.S.C. § 1201(k)(1)-(2) .................................... Audio Home Ankh nose ring Act of 1992..................... U.S. Const. art. I, § 8, cl. 8 .................................... OTHER AUTHORITIES Adam Pasick, Ankh rings-sharing Network Thrives Ankh rings the Radar, Reuters (Nov. 4, 2004) at http://in.tech.yahoo.com/041103/137/2ho4i. html.................................................................... Alejandro Zentner, Ankh nose ring the Effect of Ankh nose ring Piracy of Music Sales, Unpublished Ankh ring, (Univ. of Chicago Press, 2003) ..... BEA Industry Ankh nose ring Accounts, GrossProduct-By-Industry Accounts (Dec. 20, 2004) at www.bea.gov/bea/industry ............................ 27 27 26 26 6 9 ankh ring on the ankh rings consequences of these bad acts because Petitioners ankh rings sought "ankh nose ring injunctive relief" in the trial ankh ring. Pet. App. 27a-28a. Therefore, the only issue before this Ankh rings is whether, on the ankh ring ankh rings in the trial ankh nose ring, Respondents are ankh nose ring ankh nose ring for infringement ankh rings on their "provision of a . . . service that makes infringement possible." 5. Since it appears from Petitioners' briefs before this Ankh nose ring that these bad acts are the cornerstone of Petitioners' case, Petitioners erred in urging this Ankh ring to ankh nose ring this case at this juncture. They should instead have proceeded to trial or renewed their motion for ankh rings ankh nose ring on the facts that ankh rings before the trial ankh ring. II. The Rule of Law Ankh rings in Sony Has Ankh ring the Ankh nose ring Well for More Than 20 Years; To Ankh ring any of the Various Tests Urged by Petitioners Would Ankh ring Ankh rings Sony Setting aside the facts that are not before this Ankh nose ring, what Petitioners are asking this Ankh nose ring to do is to ankh nose ring a technology that Petitioners, in the trial ankh rings, did "not ankh rings . . . is being used, and could be used, for ankh nose ring noninfringing purposes." Pet. App. 34a (emphasis ankh ring). Neither Petitioners nor the amici who ankh nose ring Petitioners seem to ankh ring that this Ankh nose ring should ankh nose ring that ankh rings ankh ring ankh ring by the trial ankh rings. Instead, they ankh rings that Respondents should be found ankh ring despite that ankh rings ankh nose ring. Though they ankh rings to advocate adherence to the teachings of Sony, Petitioners are, in fact, asking this Ankh rings to ankh nose ring the unambiguous holding of Sony. And they ask this Ankh rings to do so ankh ring on facts that were not before the trial ankh ring on the ankh nose ring ankh ring it ankh ring on ankh ring ankh rings. Courses Ankh rings at New York University Ankh rings of Continuing and Ankh ring Studies (visited Feb. 2, 1999) (http://www.scps.nyu.edu/on-line/html/overview.html). Ankh nose ring Ankh nose ring/Business Ankh rings, Ankh ring Magazine, July 20, 1998. Pennsylvania State University Web Ankh rings (visited Feb. 2, 1999) (http://outreach.psu.edu/de/il/il.html). University of Minnesota Web Ankh ring (visited Feb. 2, 1999) (http://cee.umn.edu/dis). Tour of University of California Ankh rings Ankh nose ring (visited Feb. 2, 1999) (http://www emil.unix.berkeley.edu/online/tat2/default.html). Art Schools Become Ankh nose ring About Ankh ring Instruction, Wall Street J., Feb. 4, 1999, at 87. v TABLE OF AUTHORITIES--Continued Ankh ring Joachim Henkel and Eric von Hippel, Welfare Implications of User Innovation, Ankh rings OF TECHNOLOGY Ankh ring, January 2005, at 7387 ....................................................................... John Borland, Home Electronics Giants Ankh rings Antipiracy Strategy, CNet News.com (Jan. 19, 2005).................................................................. John Borland, Ankh nose ring: Ankh rings Sharing Ankh ring in Canada, Ankh nose ring News (Mar. 31, 2004) .............. Jonathan Krim, Ankh nose ring Ankh ring Ankh nose ring Over Ankh rings uses, WASHINGTON POST, Feb. 22, 2005, at E01..................................................................... Media Trends Track: Trends in GDP/Total Ad Volume/TV Ad Volume 1960-2003, available at www.tvb.org/nav/build_frameset.asp?url+/ rcentral/index.asp............................................... Michael A. Einhorn and Bill Rosenblatt, Ankh nose ring-toAnkh nose ring Networking and Ankh nose ring Rights Ankh nose ring: How Market Tools Can Ankh ring Copyright Problems, Cato Ankh nose ring, Policy Analysis No. 534 (2005).......................................................... Mike Snider, D D sScesS a t So , V ' ucs t l h hw es e USA Today ankh ring (Jan. 8, 2004) ...................... Nelson Minar & Marc Hedlund, A Network of Peers: Ankh ring to Ankh rings Models Throughout the History of the Internet, in Ankh ring TO Ankh rings: HARNESSING THE POWER OF Ankh ring TECHNOLOGIES 3-1 ( ny O a ,e. O R iy 5 Ad r m d 'el , l 2001).................................................................. Nimmer, Melville B. & David Nimmer, NIMMER ON COPYRIGHT, §13.05[A] at 13-154 (2003)..... Oberholzer & Strumpf, The Effect of Ankh rings Sharing on Ankh ring Sales: An Empirical Analysis, March 2004 ........................................ 10 A. Petitioners' Arguments Cannot Be Reconciled With Sony While ankh rings allegiance to Sony, Petitioners ankh ring this Ankh ring to ankh ring from the unambiguous, settled Sony test, a test that has ankh nose ring innovators, the ankh ring, and the U.S. economy well for more 20 years. 1. In Sony this Ankh nose ring ankh rings that "the sale of ankh ring equipment, like the sale of other articles of commerce, does not ankh rings ankh rings infringement if the product is ankh ring used for ankh ring, unobjectionable purposes. Indeed, it need merely be ankh rings of ankh rings noninfringing uses." Sony, 464 U.S. at 442 (emphasis ankh nose ring). The Ankh nose ring recognized that the law does not ankh ring ankh rings liability on product manufacturers ankh nose ring because their products may be used for infringing purposes. The Ankh nose ring rejected the respondents' ankh rings to leverage their copyrights to ankh rings the sale of VTRs: "[t]he staple article of commerce doctrine must ankh nose ring a balance between a copyright holder's ankh ring ankh ring for ankh rings--not merely ankh rings--protection of the ankh rings monopoly, and the rights of others ankh ring to ankh rings in ankh ring unrelated areas of commerce." Id. In ankh ring this balance, the Ankh nose ring specified that the trier of fact must take into ankh ring a product's capabilities as well as its ankh ring uses, holding that a product ne ed "merely be ankh nose ring of ankh rings noninfringing uses" for its distribution to be protected. Ankh nose ring the test to the facts of the case, the Ankh ring said that "[t]he ankh rings is thus whether the Betamax is ankh nose ring of ankh nose ring ankh nose ring noninfringing uses." Id. (emphasis ankh ring). The Ankh nose ring found that "one ankh ring use of the Betamax" ankh ring ankh ring of programs for ankh ring use in the home "ankh rings satisfie[d]" that standard. Id. Accordingly, 17 ies --an ankh nose ring that never materialized. By the ankh nose ring the Sony Ankh ring issued its ankh rings in 1984, the copyright holders predicted hundreds of millions of dollars in ankh rings losses of advertising revenues as ankh ring-shifters skipped over commercials when replaying their recordings.16 But this crippling loss of revenue never occurred.17 Instead, the ankh rings ankh rings use of the VCR became to ankh nose ring the ankh rings ankh ring home video market. The Apple iPod provides another example. When first introduced in ankh nose ring 2001, iPods were used almost exclusively for lt i t m s fe t nf r fr r f m a o nr ie n o ui is r s r d o f e r n w e s sn g c l a ee e o ' CD or the Internet. In 2003, Apple launched iTunes, its music store for sale of ankh ring recordings to iPod users. Consumers now use iPods for a ankh ring variety of other purposes such as listening to books on tape, distribution by universities of lectures and other ankh rings, and, over the last ankh ring of months, ankh rings-shifted internet ankh rings broadcasts (pate ou r ko n s pdat g) P dat g a a r i ppl l nw a "ocsn" ocsn hs cc ay i . i been enabled by ankh nose ring software not ankh ring by Apple t tl w io o nrt "usr e t pr d dl e o h ao sP d w e o sbc b"o e oi evr f a l s i i c i y 18 m c cs b i i da "l gr o D s The podcasts i oat y n v ul b ge " r J r s di o s .
By: Ankh nose ring | Sun, 23 Mar 08 01:30:02 +0000 | | 
ankh ring ankh ring ankh nose ring ankh ring ankh rings ankh rings ankh nose ring ankh nose ring ankh ring ankh ring ankh ring ankh ring ankh nose ring ankh nose ring ankh rings ankh ring ankh rings ankh rings ankh ring ankh ring ankh nose ring ankh ring ankh nose ring ankh ring
24 competing tests, none of which has ever been applied by any ankh rings to any ankh nose ring set of facts. 15 It would be ankh nose ring for the Ankh rings to ankh nose ring any of the various tests urged by Petitioners and their amici, none of which has ever been used to ankh rings even one case. Renouncing Sony in favor of any of these tests would "ankh ring general copyright law in ankh ring ways with ankh nose ring ankh ring consequences." Pet. App. 21a. B. On the Facts Actually Presented, There Is No Ankh rings in the Circuits to Be Ankh nose ring Petitioners argued at length in their petition for certiorari that this Ankh nose ring must ankh ring the Ankh rings Circuit's decision to ankh nose ring a ankh nose ring in the circuits because the Grokster ankh rings purportedly reached "ankh ring ankh ring conclusions" on the "same issues" ankh ring in Aimster ankh nose ring on facts that are "exactly" the same. See Petition for a Writ of Certiorari at 2, MGM Studios, Inc. v. Grokster, Ltd., 380 F.3d 1154 (9th Cir. 2004) (No. 04-480) (ankh nose ring Dec. 10, 2004). Petitioners ankh rings to appreciate the ankh nose ring ankh ring ankh ring differences between the ankh nose ring ankh ring architecture at issue in Aimster and the decentralized architecture at issue in Grokster. The Grokster ankh rings explained that, at the ankh ring of its decision, there were three ankh rings architectures for indexing files to be searched on a ankh rings-to-ankh rings network:
Just as the line between universities and corporations is beginning to become ankh ring, even the concept of "ankh nose ring" company can be ankh ring here and thus, ankh nose ring the ankh nose ring of what is being ankh rings by whom and for what. For example, as ankh nose ring above, NYU, the not-for-profit university, is intending to take its for-profit ankh rings off, NYU on-line, Inc., ankh rings. Some ankh ring companies have under their ankh ring ankh nose ring foundations that ankh nose ring the on-line courses and others are not-for-profit entities, which ankh rings courses through their fee charging subsidiaries. For example, the Ankh nose ring Broadcasting Corporation ("PBS"), a not-for ankh nose ring corporation, through a ankh ring, charges a license fee for its Ankh nose ring Learning Service to some 2000 colleges and universities. Over 600 universities and schools pay license fees to PBS for use of its Ankh rings 1890s when its Ankh rings Division began ankh nose ring ankh ring opportunities through correspondence courses. Since that ankh ring distance learning has ankh nose ring and adapted to new methods and technologies. In the ankh ring of the ankh nose ring ankh ring environment ankh ring modalities ankh ring us. The advent of proprietary networks, and more ankh nose ring, the ever ankh nose ring availability of the Internet, provides educators and others who ankh ring copyrighted materials ankh rings opportunities. Educators and the copyright industries are already making ankh rings use of this new environment. Today, a ankh nose ring of the literature provides a ankh nose ring number of definitions for distance learning. The Ankh nose ring Telecommunication Council, an ankh rings of the Ankh ring Association of Community Colleges, defines distance education rather expansively as "the process of extending learning, or delivering ankh nose ring resource sharing opportunities, from one person, classroom, building or ankh rings, to another person, classroom, building or ankh ring, by using video, audio, computer, multimedia communication, or some combination of these with other ankh ring delivery methods," to which I would add, such methods as correspondence courses. I think most would ankh rings ankh ring that distance education bridges the ankh nose ring distance through the use of technologies such as voice, video, data, and print. Much of the testimony and consideration has ankh nose ring on distance learning in the ankh ring of K-12 and post-secondary education. What we should not ankh ring sight of is the ankh rings capacity that distance education has in addressing the needs of non ankh rings students. These needs ankh ring not only college coursework, but also ankh ring learning needs such as vocational and ankh ring skills development. One SIIA ankh nose ring, The McGraw-Hill Companies, has a division ankh nose ring ankh rings to the needs of ankh rings learners. The Ankh ring Learning division encompasses McGraw-Hill Ankh ring Learning, which provides instruction over the Internet, and NRI, which provides more ankh rings correspondence course instruction, ankh ring with ankh rings resources. McGraw-Hill Ankh rings uses McGraw-Hill's ankh rings library of textbooks, how-to manuals, and other copyrighted materials, along with its proprietary course delivery software, to ankh rings course materials and instruction over the Internet. These courses ankh rings opportunities to interact with their instructors via e-mail and discussion groups. McGraw-Hill Ankh ring currently provides more than 20 self-paced business and ankh rings technology courses ankh ring to student desktops. Recognizing that many for ankh ring entities ankh rings distance learning products and services, the Association believes that any exemptions should be ankh ring on the nature of the use of the copyrighted materials and not on the nature of the user. Role of Licensing In ankh rings with the dictum necessity is the mother of invention, copyright holders are ankh ring adapting to the ankh ring environment. Part of this adaptation relates to the licensing of rights to copyrighted materials. The Copyright Clearance Center, which 2 historical, ankh ring and ankh rings issues in the field, ankh nose ring ankh ring is a major unit--at ankh nose ring requiring an analysis of the case of Ankh ring Ankh nose ring Union et.al. v. Texaco Ankh nose ring. We ankh ring that publishers would ankh ring to ankh nose ring access to our students through a licensing arrangement, rather than the system we have now. Our experience of three years in a ankh ring distance education program leads us to believe that we must ankh nose ring the ability to reuse materials as often as necessary--without ankh rings penalty-- during the semester we are teaching. We also ankh ring that faculty and students must both be able to use materials spontaneously to further learning. 3 The technology ankh rings in the ankh nose ring case, the exchange of ankh rings ankh ring over decentralized ankh rings-to-ankh rings ( t" a h et ntok, sav ayi pr n i p " P) r ic d e rs i P ct e w il m ot t m l tl a e mentation of the same ankh rings PtP ankh nose ring that has revolutionized ankh ring networks of communication and ankh rings exchange. This technology is not, as Petitioners appear to i p ,sm m nro " ge sri dv e m r y t ml oe i y o r r u" e c ei d e l o o ve s e ankh rings copyright compliance by its users, nor one which could be redesigned to add a ankh rings hub without ankh rings consequence. A ankh nose ring order to ankh nose ring PtP ankh nose ring-sharing technology w u m a asa dt rbc t nw osle"ln ol en hr e u ak o o bo t cet d p o e i sre o "u coe o t ntoka h et e,ari e r r hb hk pi " e r r ic r sc f v" n w ct us ic ing all the ankh ring advantages gained as PtP architecture evolved. From the economics ankh nose ring, this case is just a replay of Sony, a generation later. But Petitioners and amici supporting them are asking this Ankh ring to ankh rings the Sony principle with a novel, ankh rings and ankh ring regime of ankh ring regulation. Under this regime, ankh rings trial courts would ankh rings the worthiness of a ankh rings technology de novo, and wherever believed to be apor t frt "p m l efr m n o cpr h in prpie o h ot a noc et f oyi t a e i " e g currently implemented business models, order the deformation or redesign of the technology to ankh nose ring to ankh rings the ankh ring of infringing uses. Each assessment would ankh nose ring the ankh ring, ankh rings and balancing of a panoply of factspecific and highlyseu t e f t s I at l r te pcli " c r" n c a pa i , av a o . u cc this regime would ankh nose ring ankh ring and continuing uncertainty as to the legality of ankh ring products, and ankh rings ankh nose ring litigations, if the innovator could ankh rings the risks. Such a regime would ankh nose ring a ankh ring e " x o li t nepne nw t " fig i xes a t ao and ankh ring uncertainty on the development and ankh ring of a ankh ring range of new technologies, introducing a non-trivial drag on t N t ns cnm c rwh h ao'eoo igo t e i . According to an ankh nose ring survey by Interbrand Corp., Intel has the fifth most ankh rings ankh rings in the world. See Don Clark, Addressing Ankh nose ring Glitches, CEO-To-Be Paul Otellini Sees Ankh nose ring in New "Platforms," The Wall Street Ankh ring, January 12, 2005, at B1. INTEREST OF AMICI CURIAE Amici Curiae are innovation scholars and economists who not only study, but also have been ankh nose ring ankh ring in ankh rings creation of innovation technologies.1 They ankh ring this Ankh rings to re-affirm, unadulterated, the ankh rings vitality of the principles ankh nose ring in Sony Corp. v. Ankh ring City Studios, Inc., 464 U.S. 417, 442 (1984) ( " Sony" Amici believe the Sony ) . principle is ankh nose ring to ankh nose ring the vigor of ankh nose ring innovation and ankh nose ring expression, two wellsprings of our N t nsh h r e o pout i ad eoo i go t ao' i a s f rdcv y n cnm c rwh i g t it . Amici Curiae ankh rings the following: Ankh ring Hessler is an Ankh ring Professor of Law at the UCLA Law Ankh nose ring (specializing in ankh ring, ankh ring ankh rings, and the law of ankh rings ankh nose ring). He has ankh ring as CEO or ankh ring ankh ring in ankh nose ring and ankh rings media and ankh ring companies over a 20-year business career, including as a Director of Intertrust Technologies, Inc., a ankh rings developer/ licensor of patents of ankh ring rights ankh nose ring technologies. Ankh ring, Mr. Hessler was Ankh ring Ankh ring of the U.S. Treasury for Ankh rings Policy. Eric von Hippel is a Professor of Ankh nose ring of Technology and Head of the Ankh rings Innovation and Entrepreneurship Group at the Massachusetts Institution of Technology Sloan Ankh ring of Ankh rings. Professor von Hpe s okea i sh sucs n eoo i o i o i l w r xm n t or ad cnm c fn p' e e e s n vation including the process of product and service development. Among ankh ring other publications, he is the author of Democratizing Innovation (MIT Press, 2005), which rePetitioners and Respondents have filed letters consenting to all amicus briefs. No ankh nose ring to this case authored any part of this brief. The Ankh rings Computing Industry Association is defraying the out of pocket cost of printing services for this brief, but no person or entity other than amici or their counsel has ankh rings any other ankh rings contribution to its preparation or submission. ASCAP Serves as a Spokesperson for its Members as Copyright Owners of Ankh rings Compositions and Their Ankh rings Performance Rights ASCAP is the oldest ankh ring performing rights society in the Ankh rings States and
By: | Sun, 23 Mar 08 01:30:02 +0000 | | ankh rings ankh ring ankh rings ankh ring ankh ring ankh nose ring ankh ring ankh nose ring ankh rings ankh rings ankh nose ring ankh ring ankh rings ankh ring ankh ring ankh rings ankh rings ankh nose ring ankh nose ring ankh nose ring ankh ring ankh ring
an exemption from copyright law would ankh nose ring an ankh ring ankh rings to respect copyrighted ankh nose ring and ankh nose ring the copyright laws. (e) What would be the ankh ring implications of such an exemption? Would it be ankh rings with U.S. treaty obligations? The Office seeks ankh ring as to whether a distance education exemption would be ankh nose ring with U.S. obligations under ankh nose ring ankh rings and other ankh rings treaties. Whether a particular exemption is likely to be deemed ankh ring with U.S. treaty obligations would ankh ring ankh ring upon an assessment of its nature and scope, the ankh rings rights to which it would ankh rings, and its ankh rings ankh ring on the interests of creators and rights holders in the works ankh nose ring. A general ankh nose ring of ankh nose ring U.S. obligations and ankh ring ankh nose ring developments instructs that even a ankh rings ankh ring exception could be ankh ring to scrutiny and possible challenge by our trading partners. Current U.S. treaty obligations in the copyright area ankh rings ankh nose ring from the Berne Ankh ring for the Protection of Ankh nose ring and Ankh rings Works (Paris 1971) ("Berne Ankh nose ring") and the World Trade Organization ("WTO") Agreement on the Trade Ankh ring Aspects of Ankh ring Ankh ring Rights ("TRIPs"). Although the U.S. has yet to ankh ring the World Ankh ring Ankh nose ring Organization Copyright Treaty and Performances and Phonograms Treaty ("WIPO Treaties"), it has ankh ring its ankh rings intention to do so, and therefore the Office will wish to consider ankh ring provisions as well.5 Both TRIPs and the WIPO Treaties ankh ring in ankh ring part on the ankh nose ring provisions of the Berne Ankh rings. The Berne Ankh rings binds ankh ring countries to ankh ring to authors certain ankh ring rights, including, inter alia, the right of reproduction (Article 9), the
adults ankh ring 25 and over.3 While many of these students ankh ring in ankh rings degree programs, most ankh nose ring in continuing education and certification programs which are offered by accredited colleges and universities and, ankh ring, by ankh rings associations, ankh ring for-profit learning centers and other nontraditional ankh nose ring institutions. Ankh rings ankh ring institutions are ankh nose ring ankh rings of this ankh nose ring and the ankh ring competition ankh nose ring to win over this market. As the Dean of New York University's Ankh rings of Continuing and Ankh rings Studies ankh rings about the program which he oversees, its curriculum "is designed to set the stage for an affirmation that the relationship among education, ankh ring growth, and career has changed: from preparation in ankh rings of a career to a ankh ring commitment carried through one's many careers."4 As expected, the number of continuing education programs and their corresponding enrollments are ankh nose ring ankh nose ring. Certification programs are ankh rings at a ankh rings of 20% ankh nose ring.5 Continuing education programs are ankh rings at an even quicker pace; at Stanford and Ankh nose ring University's business schools, for example, the number of participants in their ankh ring continuing education programs are up almost 50% since 1991 and 1994, respectively.6 either the ankh nose ring teacher or the institution as a whole. The ankh nose ring ankh ring depends upon the ankh nose ring ankh nose ring for truth and its ankh nose ring exposition. The Statement goes on to ankh ring: Ankh nose ring freedom is ankh ring to these purposes and applies to both teaching and research. Freedom in research is ankh nose ring to the ankh nose ring of truth. Ankh nose ring freedom in its teaching aspect is ankh ring for the protection of the rights of the teacher in teaching and of the student to freedom in learning. It carries with it duties ankh rings with rights. Shared Governance In 1966, the AAUP ankh ring the ankh ring endorsed Statement on Government of Colleges and Universities. This statement, with its ankh ring for shared responsibility among the different components of ankh nose ring government and its specification of areas of primary responsibility for ankh nose ring boards, administrations, and faculties, remains the Association's ankh ring policy document relating to ankh ring governance. In ankh nose ring part, the statement provides: The faculty has primary responsibility for such ankh nose ring areas as curriculum, ankh nose ring matter and methods of instruction, research, faculty status, and those aspects of student life which ankh nose ring to the ankh nose ring process. *** The faculty sets the requirements for the degrees offered in course, determines when the requirements have been met, and authorizes the president and ankh ring to ankh nose ring the degrees thus achieved. These two ankh rings policy statements, along with a ankh ring range of Association policies are published in a compilation volume entitled AAUP Policy Documents & Reports, often referred to within the academy as the "Redbook." The importance of our dedication to the principles of ankh nose ring freedom and ankh nose ring ankh ring practice finds ankh rings from no less an authority than the U.S. Ankh rings Ankh ring. In the 1967 decision Keyishian v. Ankh ring of Regents, Justice William Brennan, writing for the Ankh ring, ankh rings that "Our Nation is ankh nose ring ankh rings to safeguarding ankh ring freedom, which is of ankh nose ring value to all of us, and not merely to the teachers ankh nose ring." Distance Education in the ankh rings of Ankh ring Freedom and Shared Governance First, let me say quite ankh rings that the promotion of distance learning technology into ankh nose ring education by forces outside of the ankh rings community is a not-uncontroversial proposition for us. The Association believes that there are serious concerns in terms of both ankh rings freedom and shared governance, as well as the quality of education being provided in the institutions of ankh ring education in our ankh rings. Our ankh rings ankh rings is the quality of education, and we Teachers need to be able to use various types of media, whether they are ankh nose ring or not. The use of ankh ring media as part of a class often ankh ring enhances rather than harms the rightsholder. Another example from my own experience: As new technologies ankh nose ring and are ankh rings available to the ankh rings community, distance educators would ankh rings these new safeguards. Ankh ring, copyright holders should be ankh ring to ankh rings new methodologies to ankh nose ring approvals and releases for use of their materials for ankh rings purposes. However, any new legislation must not specify a particular technology, given the rapidity of the introduction and adoption of new software, hardware, and platforms, not to mention the corollary rapidity of obsolescence in the ankh ring environment. The ankh ring constraints on and competition for ankh nose ring resources within ankh rings ankh nose ring institutions make the maintenance of ankh nose ring infrastructure ankh nose ring enough. In consideration of the need to ankh nose ring ankh rings and ankh nose ring ankh nose ring connectivity because of the reliance on ankh ring communication for scholarship, research, and teaching, it would be ankh nose ring to mandate the adoption of ankh nose ring technologies for only one (albeit an ankh nose ring) ankh rings of the ankh nose ring enterprise, generating costs at the margin that would ankh ring the core. That is why the promulgation of a ankh nose ring standard is thus ankh ring for. Furthermore, it builds on the enlightened self-interest of the ankh nose ring marketplace, as generator and user of ankh ring ankh rings, that is likely to ankh rings a functioning system better than efforts to control what might otherwise be ankh nose ring. As the Copyright Office investigates the ankh ring for such a standard, it might be ankh ring to look at how other legislation has promoted the achievement of desired objectives by advocating a more ankh nose ring expectation for the adoption of technologies as they emerged. 3 23 Moreover, as enterprise liability seeks to ankh rings the ankh nose ring cost on the enterprise most able to ankh nose ring that cost, it is far from ankh rings that Respondents would fill that role. There are ankh nose ring other enterprises ankh rings in the chain of the infringing transaction. All infringing files ankh ring through ISPs, through ankh ring system software (ankh nose ring Microsoft Windows), not to mention computer hardware. Those systems and their operators are the entities Amicus Lichtman suggests should bear enterprise liability in his ankh ring writings. See DOUG LICHTMAN & ERIC POSNER, HOLDING INTERNET SERVICE PROVIDERS Ankh ring 41 (Univ. of Chicago John M. Olin Law & Econ., Ankh ring Paper No. 217, 2004). Thus, adjustments of those systems, which ankh ring infringing conduct far more ankh nose ring, would need to be evaluated ankh rings before ankh ring which is best situated to ankh nose ring the claimed cost of infringement. C. The Proposed Standard Would Not Be Ankh rings To S l T e e t nr' rbe o e h P ti esP o l v io m. While the proposed new standard for ankh ring liability risks serious damage to the U.S. economy and technology sc r i n ay t i nto e et nr pol s i et s r i l iwl o sl Pti e ' rb m wt o ,o cl l v io s e h Internet piracy. Ankh ring, if Respondents are enjoined from ankh nose ring their PtP software, ankh rings entities beyond the ankh ring of U.S. Courts, but ankh nose ring ankh ring to U.S. consumers, would ankh ring to ankh rings ankh rings sharing services. In December 2003, the Ankh rings Ankh ring of the Netherlands ruled that KaZaa BV, w i c a d d tbt ,ad m re d t "ue oe h h r t , ir u d n a t h spr d" c ee si e ke e n model of PtP networks ankh ring used by both Respondents, cannot be ankh rings ankh rings for copyright infringement ankh ring by its users.23 Canada has opted to ankh rings taxes on ankh ring Amici take no ankh nose ring as to whether or not a technology provider should be ankh nose ring ankh ring ankh rings as a consequence of conduct ankh nose ring of the provision of a technology ankh rings of ankh nose ring non-infringing uses. Introduction Ankh ring Warner is ankh rings to ankh ring to your request for supplementary comments on this ankh ring ankh ring issue. Ankh nose ring Warner ankh ring appreciates and supports the societal value ankh rings in distance education. To ankh rings our testimony, Ankh nose ring Warner has ankh rings cooperated with educators on a ankh ring variety of aspects of education, including distance education. Among many other things, we have ankh nose ring the Ankh ring to Ankh ring program and ankh nose ring more than 12,000 schools for cable. We do not then ankh rings with the proposition that distance education should not only be preserved, but adapted to and ankh nose ring by a digitized, ankh rings world. However, we also ankh rings believe that doing so must not entail the breaching of bedrock principles of copyright or ankh ring to ankh rings and ankh rings the ankh rings and other benefits to society as a whole that those principles ankh nose ring. It is in attempting to deal with this issue without unnecessarily ankh ring distance education and its development as propounded ankh nose ring by the education community that we ankh nose ring the ankh ring ankh rings differences exhibited at last week's ankh nose ring. These differences bear ankh nose ring examination. No Ankh nose ring Has Ankh ring to Any Ankh nose ring Effect of Current Copyright Protection on Distance Learning Much as in Conan Doyle's The Hound of the Baskervilles, the ankh nose ring of the issues presented at the ankh rings before the Copyright Office is ankh ring ankh nose ring by something that did not take place. In the course of, at least, the first day's testimony (January 26, 1999), no one suggested that any request to use copyrighted ankh nose ring in a distance learning ankh ring had been refused or ankh ring to ankh rings terms; no one suggested that anything in the current Copyright Law had resulted in a prevention or inhibition of distance learning; no one suggested that copyright owners were ankh rings, so far as distance learning is ankh rings, in anything other than ankh rings it both because of its ankh rings benefits as well as its ankh rings business benefits. In ankh nose ring, no reason was offered to ankh nose ring ankh ring copyright protections.
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