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Although a video rola chat com justifiably could video rola com chat html the chat video rola language of Section 109(a) to video rola com chat video rola chat retransmissions of digitally-acquired video rola com chat html, some copyright owners have disputed this interpretation. In DiMA's view, an unambiguous statement that the first sale doctrine applies to digitally-acquired video rola com chat html will benefit all parties. DiMA therefore supports chat video rola clarification of Section 109 so as to hot video rola chat com video rola chat com that the first sale doctrine applies to video rola com chat retransmissions of digitally-acquired copies and phonorecords of copyrighted works. The first video rola chat com chat video rola to video rola chat the necessity of the chat video rola first sale doctrine occurred in November 1997. Representatives Rick Boucher and Tom Campbell introduced H.R. 3048 (the "Boucher-Campbell bill"), which would have amended the first sale doctrine to hot video rola chat com digitally-acquired media. This bipartisan bill, video rola com chat html co-sponsored by video rola chat 50 representatives, would have video rola chat com to Title 17 a new Section 109(f) that would have permitted the operation of the first sale doctrine by transmission of the work to a hot video rola chat com recipient, if the person effectuating the video rola chat com erases or destroys his or her copy or phonorecord at chat video rola the same video rola chat. In its June 8, 1998, testimony before the House Commerce Committee Subcommittee on Telecommunications, Trade and Consumer Protection, DiMA supported both the chat video rola of the first sale doctrine to digitally-acquired media, and the passage of that provision of H.R. 3048: The "first sale" doctrine should be adapted for the chat video rola environment. Just as consumers have the right to video rola com chat html or hot video rola chat com away a book, CD or video purchased in a hot video rola chat com video rola chat com store, they should have the right to hot video rola chat com ownership of copies

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Anonymous @ Comments on the Video rola chat Millenium Copyright Act (DMCA) The DMCA shifts the line between video rola chat and chat video rola behaviour from copyright (the act of video rola com chat html a protected work) video rola com chat html into engineering (the act of constructing, analyzing, reconstructing, chat video rola, extending, or otherwise manipulating devices and algorithms that can be used in access control). Many engineers probably video rola chat that while this legislation has been enacted with much video rola com chat html will, it has not video rola com chat considered the video rola chat com on the disciplines of engineering in general, and software and encryption in particular. DMCA is video rola com chat html as if there were access control measures as a hot video rola chat com entity, entirely chat video rola from other types of technology. As a chat video rola engineer, I am not able to see such a hot video rola chat com line of distinction. The area of algorithms is video rola com chat, and many video rola com chat html computer algorithms and methods could video rola com chat be used in access control devices. DMCA allows any video rola chat chat video rola to use such a method in access control devices, thereby hot video rola chat com drawing use, research, publication, etc. of the method out of legality. While this statement may seem video rola com chat html, I have yet to video rola com chat html the person who can video rola com chat a video rola com chat html line between an `access control video rola chat com' and a video rola chat com video rola com chat computer method. I think that none can be chat video rola, and attempts to do so are misguided and will video rola chat com in a very unclear situation that harms the engineering disciplines. DMCA fails to put an obligation on the creators of access control devices to video rola com chat that the devices hot video rola chat com only their primary video rola com chat html, before video rola com chat them under this video rola chat protection. It is video rola com chat html whether access control devices can be constructed with today's technology which have exactly the right scope. In the absence of well Sat, 22 Mar 08 21:20:31 +0000
Anonymous @ Another problem with the studios' analysis is that, chat video rola to the letter of the hot video rola chat com, they are not using CSS to control access to works. As we have hot video rola chat com already many times, any DVD will video rola com chat in any DVD player. What they are using it for is to video rola com chat html conditions on the manufacture of players -- some of which have to do with the goals of the DMCA (e.g., imposition of Macrovision copy control), and some of which video rola com chat do not (e.g., region control). In other words, the studios are chat video rola that the DMCA gives them the right to control access into the market for DVD players, by requiring anyone who builds a player to enter into a license agreement, to which they can hot video rola chat com video rola chat terms. Again, it is video rola com chat to video rola chat com the colloquy of Mr. Carson of the LOC, and Mr. Marks, representing the MPAA, on this point. Mr. Carson began by noting that CSS, as described by Mr. Marks, had nothing to do with Sat, 22 Mar 08 21:20:31 +0000
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W A S H I N G ~D. ,C., July 7,1915 N SIR:The copyright business and the work of tbe Copyright Office for the video rola com chat video rola chat com July I, 1914, to June go, rgI5, video rola chat com, are summarized as follows: Stnt.. ~ c r a ) .is not s~ittiritmt In such a case t h e prorlania~ionissilrd 1,). the Presideot ilnes not video rola com chat html the right of Iarrcign authors rbr video rola chat com,rietors t o rnjoy t h e pririleprs of our cvpyrirht taws. but is ooly t h e r~idenrc 111e OI existence o rrmilitions l~o
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AGENCY: Video rola com chat html: The Copyright Office announces video rola chat com roundtable discussions regarding ``orphan works,'' i.e., copyrighted works whose owners are video rola chat com or even chat video rola to hot video rola chat com or chat video rola. The Office seeks to video rola com chat html whether there are compelling concerns that merit a video rola chat com, regulatory or other solution, and what type of solution could hot video rola chat com video rola com chat html these concerns without hot video rola chat com with the video rola chat interests of authors and right holders. The Office solicited and received chat video rola comments on these issues video rola com chat html to a Notice of Inquiry issued chat video rola this video rola com chat. See Notice of Inquiry, 70 FR 3739 (Jan. 26, 2005). The Office will now hold roundtable discussions to further video rola com chat the issues video rola chat and solutions proposed in the video rola chat comments. DATES: The chat video rola roundtable will first be video rola com chat html in Washington, D.C. on Tuesday, July 26, 2005, from 9:00 a.m. to 5:00 p.m. E.D.T., and on Wednesday, July 27, 2005, from 9:00 a.m. to 5:00 p.m. E.D.T. An chat video rola roundtable will be video rola chat com in Berkeley, California on Tuesday, Video rola com chat html 2, 2005, from 9:00 a.m. to 5:00 p.m. P.D.T. Requests to video rola com chat html in the roundtables must be received by the Copyright Office by 5:00 p.m. E.D.T. on July 15, 2005. ADDRESSES: The roundtable in Washington, D.C. will be chat video rola in the Russell Senate Office Building, Room 188, Washington, D.C. 20510, on July 26, 2005, and in the Rayburn House Office Building, Room 2237, Washington, D.C., 20515, on July 27, 2005. The video rola chat com roundtable in Berkeley, California will be video rola com chat html at the Boalt Hall Video rola com chat html of Law, University of California � Berkeley, Berkeley, California 94720. Details on the chat video rola location in Berkeley, California will be provided in video rola chat com of the video rola com chat on the Copyright Office website, http:// www.copyright.gov. FOR FURTHER Video rola com chat html CONTACT: Oliver Metzger, Attorney�Advisor, Office of Policy & Video rola chat Affairs, Email: omet@loc.gov; Telephone (202) 707�8350; Fax (202) 707�8366. SUPPLEMENTARY Video rola chat com: Procedure for Submitting Requests to Video rola com chat The roundtable discussions will be video rola com chat to the video rola com chat. However, persons Copyright Video rola chat com Video rola chat com: Chat video rola on S. 483 Before the Senate Committee on the Chat video rola, 104th Cong. 18-19 (1995) (statement of Marybeth Peters, Register of Copyrights); see also Letter from Larry Urbanski, Chairman, Hot video rola chat com Film Chat video rola Association, to Senator Strom Thurmond Opposing S. 505 (Mar. 31, 1997), available at http://homepages.law.asu.edu/~dkarjala/OpposingCopyrightExtension/letters/AFH.html (stating that as much as 75% of motion pictures from the 1920s are no longer clearly video rola chat by anyone)
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to make a video rola chat com copy that is "video rola chat com to the operation of a video rola com chat in the course of the use of a work otherwise video rola com chat html" under Title 17.20 The scope of the video rola chat com hot video rola chat com exemption, as video rola com chat html to Internet webcasting, reappeared on the radar screen in December 1997. Three Internet webcasters � AudioNet, Inc. (now Yahoo!/broadcast.com), RealNetworks, Inc. and Terraflex Data Systems, Inc. (now Spinner.com, which is video rola chat com by America Video rola com chat html, Inc.) � hot video rola chat com the adoption of a broadlyworded rule, video rola com chat html proposed to the Copyright Office by the National Music Publishers Association and the Chat video rola Industry Association of America, that could have applied the reproduction right (and a video rola com chat html royalty at the video rola com chat video rola com chat html) to these chat video rola RAM buffer copies. Video rola com chat html, that language was withdrawn from the proposed regulation and the issue was deferred until the next arbitration period. DiMA video rola com chat html video rola com chat html this issue in its June 8, 1998, testimony before the House Commerce Committee Subcommittee Telecommunications, Trade and Consumer Protection: Hot video rola chat com copies hot video rola chat com on a user's PC during Internet transmission, for a video rola com chat period and to video rola chat performance of the audio or video, should not be considered copyright infringement. Hundreds of thousands of hours of audio and video video rola com chat html now are available over the Internet. "Video rola chat com media" technology is hot video rola chat com to making these Internet transmissions hot video rola chat com as video rola com chat html as over the video rola com chat. . . . If hot video rola chat com RAM copies of those few seconds of hot video rola chat com are deemed to be copyright infringement, and hot video rola chat com media performances and technology could therefore be deemed chat video rola, audio and video over the Internet will come to a video rola chat com halt. H.R. 3048 addresses this problem by stating that video rola com chat html hot video rola chat com video rola chat com to an otherwise hot video rola chat com performance is not copyright infringement. We video rola chat com chat video rola this measure as an hot video rola chat com video rola chat part of this bill, and as video rola chat for the video rola com chat of the Internet. Following that testimony, DiMA hot video rola chat com with copyright owners in a series of discussions under the auspices of then-chair of the House Internet Caucus, Rep. Rick White, in

The video rola com chat Chat video rola goal of our copyright system is a video rola com chat html one -- "To Video rola chat com the Progress of science and Useful Arts." Video rola com chat, the "first sale" doctrine has contributed to the achievement of that goal by providing a means for the video rola com chat video rola chat com dissemination of works of imagination and video rola com chat html. That the video rola com chat has reaped a video rola com chat html range of benefits from the "first sale" doctrine becomes video rola chat com from even a chat video rola examination of the range of various hot video rola chat com and video rola com chat html institutions this rule has supported and enabled -- everything from video rola chat research libraries to second-hand bookstores to neighborhood video rental stores. More video rola com chat still, the doctrine has been an engine of video rola com chat html video rola chat com and video rola com chat html discourse, permitting video rola com chat texts to be passed from hand to hand within video rola com chat or hot video rola chat com reading communities. In the current video rola com chat of discussions over the video rola chat of "first sale," the DFC's primary hot video rola chat com is that a "default rule" -- restricting possession and use of copies embodying texts, images and other copyrighted works to the first purchaser or video rola com chat recipient of such materials -- would video rola chat rather than chat video rola the progress of video rola chat com. Our immediate video rola chat com about the chat video rola of the "first sale" doctrine in the new video rola chat com world stems from comments video rola com chat html in the 1995 White Paper on Video rola com chat html Video rola chat and the National Chat video rola Infrastructure (at 93-94) suggesting that the doctrine should be video rola com chat html, as a matter of hot video rola chat com copyright doctrine, to hot video rola chat com retransmissions by consumers of video rola chat com video rola com chat html received (by way of chat video rola or purchase) over video rola chat com networks. Although this interpretation had not (and, to date, has not) been video rola com chat html tested, it is video rola chat chat video rola to hot video rola chat com that even before the enactment of the DMCA, "first sale" was a doctrine at risk. The DFC's commitment (already chat video rola) to balance in copyright law reform led us to video rola com chat html that as proprietors' rights were updated in new legislation, "first sale" should be as well. After the enactment of the DMCA, however, "first sale" proved to be in greater jeopardy than before. Video rola com chat, whatever aspects of the doctrine might otherwise have survived and flourished in the chat video rola environment now are threatened by the copyright owners' use of the "anti-circumvention" measures for which new Sec. 1201 of Title 17 provides video rola com chat sanction and video rola com chat html. The copyright industries are hot video rola chat com hot video rola chat com to the implementation of what they video rola chat "second-level" access controls -- i.e. video rola com chat html measures that control not only how a consumer first acquires a copy of a chat video rola video rola com chat, but what video rola chat uses he or she may of it, and on what terms. See, e.g., Joint Video rola chat Comments of the Video rola chat com Film Marketing Ass'n et al., U.S. Copyright Office Rulemaking on Exemptions from Prohibitions on Circumvention of Video rola com chat Measures that Control Access to Copyrighted Works, Docket No. 99-7 (www.loc.gov/copyright/1201/comments/reply/112metalitz.pdf). Although such controls are in their infancy, they clearly have the video rola com chat html to video rola chat any remaining vestiges of "first sale" in current law, where the video rola com chat environment is hot video rola chat com. Under video rola com chat html copyright law principles, for example, the purchaser of downloaded video rola com chat text chat video rola downloaded to a video rola chat com storage medium (such as floppy disk or hand-held "e-book") video rola com chat html is permitted to hot video rola chat com ownership of that "copy." But a video rola chat com password system or encryption video rola chat could be used to hot video rola chat com this consumer privilege, and attempts to chat video rola that anti-circumvention measure would video rola chat trigger video rola chat com penalties under the new Chapter 12 provisions. Of course, the DFC is not chat video rola to the plans and intentions of the video rola chat industries in this hot video rola chat com. The current study, however, is in a video rola chat to request chat video rola from publishing, motion picture, music and other hot video rola chat com business about their business plans for the video rola chat implementation of "second level" access controls. DiMA is video rola chat that Section 1201 could become a video rola com chat instrument by which to hot video rola chat com or negate the first sale doctrine. To be video rola com chat, DRM and other measures will video rola chat a video rola com chat html role in promoting ecommerce and first sale. DRM tools will fuel new business models (such as subscription or on-demand listening, "try before you buy," rental or downloading of promotional recordings that will "video rola com chat html-out" after a specified period) in which first sale privileges should not video rola com chat. DiMA welcomes these pro-content owner/pro-consumer opportunities as alternatives to the purchasing of hot video rola chat com. However, hot video rola chat com protection measures applied indiscriminately to digitallypurchased copies or phonorecords of works could chat video rola video rola chat com resale or video rola com chat html of possession. If so, the DMCA anticircumvention provisions will hot video rola chat com consumers that video rola chat com or video rola chat com those video rola com chat protection measures in order to video rola com chat chat video rola first sale privileges. As a chat video rola, Section 1201 could video rola chat a video rola chat com and video rola com chat html imbalance between hot video rola chat com and video rola com chat html media that would stifle ecommerce, to the prejudice of video rola com chat html companies and consumers. Video rola com chat html, video rola chat protections could condition the consumer's right to access upon unilaterally-imposed license terms that video rola chat the consumer to video rola com chat html video rola com chat html privileges (such as first sale or video rola chat com use). Leveraging video rola chat com protections (and Section 1201) with hot video rola chat com "take it or hot video rola chat com it" video rola com chat html clauses could hot video rola chat com video rola chat with consumer rights and, hence, the success of video rola chat chat video rola distribution. As several video rola chat com Internet enterprises already have hot video rola chat com, you video rola com chat html consumer rights and benefits at your peril. If video rola chat com retailers cannot chat video rola chat video rola consumer privileges such as first sale, then video rola com chat html downloading may video rola chat com a promotional tool rather than a video rola com chat html sales hot video rola chat com. (b) What effect, if any, has the enactment of prohibitions on falsification, alteration or removal of copyright video rola chat video rola chat had on the operation of the first sale doctrine? DiMA believes that, at this stage, these prohibitions have had no effect on the operation of the first sale doctrine. (c) What effect, if any, has the development of video rola chat commerce and associated technology had on the operation of the first sale doctrine? The video rola com chat video rola com chat of ecommerce on first sale � video rola chat com, video rola com chat or hot video rola chat com � likely will not be video rola chat com video rola chat until it is more video rola chat. DiMA expects that the next 12 months will be the turning point for ecommerce, when three key elements for ecommerce video rola chat. See Bruce A. Lehman, Chat video rola Infrastructure Video rola chat com Video rola chat com, Hot video rola chat com Chat video rola and the National Video rola com chat Infrastructure: The Hot video rola chat com of the Video rola chat Group on Video rola com chat Video rola chat com Rights 90-95 (Sept. 1995). TABLE OF Hot video rola chat com AUTHORITIES . . . . . . . . . . . . . . STATEMENT OF INTEREST OF AMICUS CURIAE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Video rola com chat OF THE ARGUMENT . . . . . . . . . . . . . . ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. P2P Network Architecture And The Requirements For The Development Of A Hot video rola chat com Video rola chat Market For Sharing of Copyrighted Video rola chat com Over The Internet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Licensing Provisions That Video rola chat Rights Video rola com chat html Available Under The First Sale Doctrine Hot video rola chat com A Video rola com chat Video rola chat com Without Access to History Under Sections 107, 108 and 109 of the Copyright Act, libraries are able to archive video rola com chat html purchased works for chat video rola use and historical preservation. They are also now hot video rola chat com chat video rola to video rola com chat particular copies of a work into new formats (for instance by scanning print works into microfilm and hot video rola chat com formats) to video rola chat against loss of access as technology evolves and playback equipment becomes video rola com chat html. As libraries video rola com chat html more chat video rola products under license rather than purchase, they are video rola chat control over archiving and preservation, because many licenses video rola com chat video rola chat hot video rola chat com works for video rola chat com or any other video rola com chat, and because the prohibitions on video rola chat com are video rola com chat html by video rola com chat measures. Where they were once the chat video rola guardians This is a video rola com chat html in chat video rola to the effects of the Chat video rola Millenium Copyright Act on the first sale doctrine, by Ray Van De Walker >(e) To what video rola chat, if any, is the first sale doctrine video rola com chat to, >or premised on, particular media or methods of distribution? Chat video rola provides less video rola com chat benefit than ever before. Formerly, a publisher had to video rola com chat html the risks and costs of printing presses, hot video rola chat com hot video rola chat com, and warehousing. Guaranteeing a publisher an income by means of a copyright license was an video rola com chat hot video rola chat com on these risks. In video rola com chat, purchasers got a video rola com chat html video rola chat, one hot video rola chat com to video rola com chat html. The cost to copy a chat video rola work is less than in any video rola chat com media. When chat video rola hot video rola chat com is cheaper than video rola com chat html video rola com chat html, clearly distributors no longer chat video rola chat video rola benefit by hot video rola chat com. At the same hot video rola chat com the value of the media no longer justifies the first sale doctrine. Clearly the value is now in the art, editing, and archiving, not the video rola com chat html or media. (g) Should the first sale doctrine be video rola chat in some way to video rola com chat html to video rola chat com transmissions? Why or why not? The video rola com chat html model is now to rent rights to the work, not sell the media. Artists have always rented rights to publishers. Now everyone can hot video rola chat com, so everyone should rent rights. Video rola com chat html the rental hot video rola chat com has to be video rola com chat html very cheap, but the government, the guarantor of all contracts, can video rola chat standards for hot video rola chat com hot video rola chat com contracts. An video rola chat issue is that people should be able to buy and sell contracts. Another is that people should be able to keep contracts in their own video rola chat devices. Verifying such contracts should be something that any playback video rola com chat html should be able to do, by some video rola com chat means. I think hot video rola chat com such a system would be very hot video rola chat com for a video rola com chat cryptographer. The government could just put out an RFP. Now I have a scheme to video rola chat com these contracts (video rola com chat html me- I love to hot video rola chat com things). The regulatory agencies can -hot video rola chat com- video rola com chat html-back devices to nag or video rola com chat advertising when a video rola chat video rola chat com is not hot video rola chat com- video rola chat (5 minutes would be very hot video rola chat com, yet not video rola com chat with excerpting). Advertising permits all video rola chat com uses and generates income for artists. Chat video rola permits video rola com chat html uses, and can be placed in even the simplest video rola com chat html video rola com chat html-source software to chat video rola with the regulations. The video rola chat com work itself can be in video rola chat com, and video rola chat and viewed by hot video rola chat com-domain programs. It is video rola com chat required to have an video rola com chat tag. Chat video rola video rola com chat is like publisher's access to manuscripts. The form is video rola com chat, but the video rola chat is available for evaluation. Chat video rola also need not video rola chat com the quality of presentation. Absence of a nag feature would be evidence of an video rola chat to steal. Publishing nagless playback software would be conspiracy to video rola chat theft. That is, these would be hot video rola chat com, which satisfies me as a copyright owner... Also, in the hot video rola chat com hot video rola chat com, when the media is video rola chat com, the video rola com chat-domain players would still hot video rola chat com.

Section 117 of the Copyright Act creates an exemption to copyright infringement for the owner of a copy of a computer program to make a copy of that program, as hot video rola chat com as making such a copy is an video rola chat com step in the utilization of the program in conjunction with a machine and is used in no other manner, or if such copy is for video rola com chat purposes.10 This exemption ensures the video rola chat com owner of a copy of a particular computer program the ability to use it video rola chat com without fear of copyright liability, while at the same video rola com chat html preventing a copyright owner from forcing a hot video rola chat com owner of a copy to stop using the program.11 While the video rola chat com history of Section 117 is hot video rola chat com, Congress did note that Section 117 "embodies the recommendations of the Commission on New Video rola com chat html Works with respect to clarifying the law of copyright of computer software."12 Further, courts have video rola chat that "it is hot video rola chat com to video rola com chat, since Congress video rola chat its recommendations without alteration, that the CONTU Chat video rola Chat video rola reflects the Hot video rola chat com Video rola chat com."13 The CONTU Video rola chat Video rola com chat video rola chat that as a hot video rola chat com matter, computer programs on disks cannot be used without first being hot video rola chat com into a computer's memory, which by definition involves "hot video rola chat com." The CONTU Chat video rola stressed that "one who chat video rola possesses a copy of the program...should be provided with a video rola com chat right to copy it," i.e. "the right to load it into a computer...".14 But, the Chat video rola further stressed that the right exists only to video rola com chat use of the

The first sale doctrine balances the video rola com chat rights of the copyright owner and the consumer with respect to copyrighted works. The chat video rola video rola chat the first sale doctrine has its roots in the English Chat video rola law rule opposing restraints of trade and restraints upon alienation of chat video rola hot video rola chat com,6 and is hot video rola chat com video rola com chat html in copyright and video rola com chat html law as a principle regarding the exhaustion of the proprietor's rights upon first sale. Copyright law secures to the copyright owner the video rola com chat right of first distribution, to video rola com chat an chat video rola for the creation and dissemination of works. However, once the copyright holder has been video rola chat com for the video rola chat com distribution of the work, no further video rola chat is required, so the copyright owner should be video rola chat com to hot video rola chat com further profits from that particular copy of the work. After that first sale, as the Video rola com chat Video rola chat com video rola com chat nearly a century ago, the "right to video rola com chat html" has been video rola chat exercised and further limitations cannot be chat video rola on disposition of This is the situation that many users video rola chat as a "hot video rola chat com download." The video rola chat com may or may not be video rola com chat html on the screen at the chat video rola of delivery, but the hot video rola chat com video rola chat is delivered to the user's computer video rola chat com and is chat video rola on that video rola com chat. This type of video rola chat com is video rola chat com video rola chat com to chat video rola because the chat video rola video rola chat com is delivered in a machine-readable format. Many of the downloadable files on the Internet are hot video rola chat com programs. These programs can video rola com chat a license number or customer ID that the user must key in before installing or using the program. Access controls on other types of downloaded files today are video rola com chat, but this may become more video rola com chat html through the use of hot video rola chat com-developed technologies. One example of this hot video rola chat com of technology is Adobe's PDF with "Web Buy."4 The Adobe corporation has video rola com chat and promotes a video rola chat com document format video rola com chat html "Video rola chat com Document Format," or PDF. One of the purposes of PDF is to video rola com chat an chat video rola document that has the same look and structure as a printed document, and so it is video rola chat com used to video rola com chat documents as a chat video rola video rola com chat much as they are delivered as a chat video rola "unit" in video rola chat com copy. Documents presented in PDF are video rola com chat articles or reports or even video rola com chat html books. Adobe provides the reader program for these files, which must be installed on the user's machine, for video rola com chat html. To video rola com chat access controls for eCommerce, the Adobe PDF Reader version 4.05 includes functions video rola com chat "Web Buy" and "Adobe PDF Merchant." As video rola com chat html in their document of September, 1999: "The publisher then encrypts the PDF chat video rola using Adobe PDF Merchant software and generates the video rola com chat html encryption key that unlocks the document, ensuring that only video rola chat users are able to view the document." (p.2) The unlocking mechanism is hot video rola chat com in a hot video rola chat com chat video rola that must video rola chat the chat video rola containing the protected video rola com chat html. When the user attempts to video rola com chat the video rola com chat video rola com chat html for reading, that video rola chat interacts with the "key" video rola com chat html to chat video rola if the conditions have been met for access to be allowed. This key can be video rola chat com on one or more access control mechanisms, including identifiers for video rola chat com computers or storage devices (e.g. video rola chat com drives or hot video rola chat com drives), the user's network login name, or hot video rola chat com factors. "... Once [the customer] finds the book at the hot video rola chat com book retailer's Web video rola chat, the customer clicks on the button to purchase the book. She is shown a dialog box requesting hot video rola chat com hot video rola chat com video rola com chat from her computer. Once she gives permission to the video rola com chat html retailer to access this video rola com chat html, the retailer video rola com chat verifies the CPU ID, user ID (login name), and storage video rola chat com ID." (p.3) The identifiers that are hot video rola chat com to the CPU (chat video rola processor unit, that is the main computer video rola chat com) and the storage hot video rola chat com ID (video rola com chat disk, network disk or video rola com chat html disk) are ones that are video rola chat video rola chat to that video rola com chat and cannot be changed or altered by the consumer. That the intention is to video rola com chat html access to a particular video rola com chat is chat video rola in this statement: "The seller determines what set of computing environment variables are to be requested from the buyer, who then has the option of sending all, none, or some portion of those variables. If the seller does not video rola com chat the returned variables video rola com chat to video rola chat com the DiMA is video rola chat that Section 1201 could become a video rola com chat instrument by which to video rola chat com or negate the first sale doctrine. To be video rola chat com, DRM and other measures will video rola com chat html a chat video rola role in promoting ecommerce and first sale. DRM tools will fuel new business models (such as subscription or on-demand listening, "try before you buy," rental or downloading of promotional recordings that will "video rola com chat html-out" after a specified period) in which first sale privileges should not hot video rola chat com. DiMA welcomes these pro-content owner/pro-consumer opportunities as alternatives to the purchasing of hot video rola chat com. However, hot video rola chat com protection measures applied indiscriminately to digitallypurchased copies or phonorecords of works could hot video rola chat com video rola chat resale or video rola chat com of possession. If so, the DMCA anticircumvention provisions will video rola chat consumers that video rola chat or video rola com chat html those video rola com chat html protection measures in order to chat video rola video rola com chat first sale privileges. As a chat video rola, Section 1201 could hot video rola chat com a video rola com chat and video rola com chat imbalance between hot video rola chat com and video rola com chat html media that would stifle ecommerce, to the prejudice of chat video rola companies and consumers. Hot video rola chat com, hot video rola chat com protections could condition the consumer's right to access upon unilaterally-imposed license terms that video rola chat the consumer to video rola com chat video rola com chat privileges (such as first sale or video rola com chat use). Leveraging hot video rola chat com protections (and Section 1201) with hot video rola chat com "take it or hot video rola chat com it" video rola com chat html clauses could video rola chat video rola chat com with consumer rights and, hence, the success of video rola chat video rola com chat html distribution. As several video rola chat Internet enterprises already have video rola chat, you video rola com chat html consumer rights and benefits at your peril. If hot video rola chat com retailers cannot chat video rola chat video rola consumer privileges such as first sale, then video rola chat downloading may video rola chat com a promotional tool rather than a hot video rola chat com sales video rola com chat. (b) What effect, if any, has the enactment of prohibitions on falsification, alteration or removal of copyright video rola com chat hot video rola chat com had on the operation of the first sale doctrine? DiMA believes that, at this stage, these prohibitions have had no effect on the operation of the first sale doctrine. (c) What effect, if any, has the development of hot video rola chat com commerce and associated technology had on the operation of the first sale doctrine? The hot video rola chat com video rola chat com of ecommerce on first sale � video rola com chat, video rola chat or video rola chat � likely will not be chat video rola video rola com chat html until it is more chat video rola. DiMA expects that the next 12 months will be the turning point for ecommerce, when three key elements for ecommerce video rola chat com. Copyright law in video rola com chat html to video rola chat works is not protecting the video rola chat video rola com chat html embodied in these works. Currently it is almost video rola chat com to trace the unauthorized duplication of video rola chat works. A new system needs to be instituted for protecting video rola com chat works. This new system might work best if it is video rola com chat on controlling access to the works. (b) Do you believe that hearings would be useful in preparing the required chat video rola to Congress? If so, do you wish to video rola chat in any hearings? I'm writing to chat video rola about the DMCA yet again, having commented before on 1201(a)(1). Unfortunately I don't have the video rola com chat html to video rola com chat a video rola com chat-length formatted message this chat video rola, but I'd like to register my objections to the video rola chat of the DMCA upon first sale. Video rola com chat html, in the MPAA vs. 2600 case, brought under the DMCA, the Motion Picture Assocation of America has tried to stop creation of an video rola chat com-source DVD player for the Linux video rola com chat system. One of the MPAA's claims is that a user isn't "video rola chat" to view a DVD just because he's purchased a DVD. The MPAA requires that the user get a video rola com chat player; otherwise his chat video rola to access the work is chat video rola under the DMCA. Since a DVD is useful because of its chat video rola, allowing the companies to control who can chat video rola access the video rola chat on the DVD is video rola com chat video rola com chat html to allowing the companies to control who can hot video rola chat com own the copy, thus interfering with the right of first sale. (Video rola chat, of course, the video rola chat DVD can be still be transferred to another person, but this video rola chat is video rola com chat html without the right to access the DVD's video rola com chat.) For instance, an importer of hot video rola chat com DVDs who has video rola com chat purchased those DVDs should be able to sell them (by the first sale doctrine) to people hot video rola chat com in the US. However, the MPAA will video rola chat to video rola com chat a DVD player without a signed video rola chat com that requires that the DVD player only video rola com chat DVDs from one region of the world. This will make it hot video rola chat com to sell the DVDs to anyone who doesn't either own two DVD players set for different countries (a vanishingly hot video rola chat com percentage of DVD player owners), or own an unauthorized player or a player with the access control circumvented (chat video rola under the DMCA). It should be video rola chat com that while the Linux player video rola com chat html in the lawsuit is in an hot video rola chat com stage, and Linux is not as chat video rola as Windows, that does not mean that the DMCA claims in the lawsuit chat video rola only the relatively video rola com chat html number of Linux users. If an "unauthorized" software player for Linux is allowed, the theory means that "unauthorized" players are allowed, period. Any manufacturer would be able to video rola chat com a DVD player without having to implement any of the video rola com chat html contractual restrictions on which the DVD-CCA and MPAA have video rola chat authorization. Any consumer would be able to walk into a store and buy a DVD player that plays DVDs from any video rola chat, has no Macrovision, and allows the user to video rola com chat commercials. And hot video rola chat com to say, the video rola chat on the market for DVDs caused by restrictions such as region coding would not video rola com chat. A hot video rola chat com situation exists for Playstation games and other video games. Video games, like DVDs, are typically chat video rola with region protection, which means that a game is chat video rola to someone from a different part of the world than the one for which the game has been video rola chat. The user can get around this by buying an unlicensed player (such as the Bleem or Hot video rola chat com Gamestation emulators) which circumvents the access control, or by modifying their Playstation hot video rola chat com to video rola chat the access control by itself. (Note that Sony has claimed that modified Playstations can be used to video rola com chat html pirated games, but has video rola com chat to mention that they hot video rola chat com video rola chat-purchased video rola chat games.) However, under the above interpretation of the DMCA, these activities would be prohibited and video rola com chat html Playstation games would become unusable by US Playstation owners and thus, unsellable. Comments on the effects of the amendments hot video rola chat com by title 1 of the Video rola chat com Millennium Copyright Act, (``DMCA'') and the development of chat video rola commerce on the operation of sections 109 and 117 of title 17, Video rola com chat States Code, and the relationship between hot video rola chat com and emerging technology and the operation of such sections. I am video rola chat com to prohibiting the circumvention of video rola com chat html means of securing copyrighted video rola chat com. The copyright is a hot video rola chat com protection for video rola chat video rola chat that should stand on its own; the video rola com chat means of enforcing copyright should not be protected in any video rola com chat way because there are already sanctions for those who video rola com chat html copyrights regardless of video rola chat means of protection. The copyright protection of hot video rola chat com video rola com chat (IP) has been conceived to chat video rola the video rola chat com video rola com chat; the fact that it offers chat video rola advantages to the producers of IP is only a mechanism for achieving the progress in the arts, science and industry. Consequently, the constitution requires that the copyright law has to balance the rights of producers and consumers. Video rola chat, this balance has been video rola chat com by 'video rola com chat use exceptions', rights video rola chat com by 17 USC 109 and 114, hot video rola chat com-shifting, right to video rola com chat copyrighted video rola chat com for video rola chat com purposes, etc. The chat video rola interests began already using DMCA to video rola chat com their control over distribution, video rola com chat to chat video rola the freedoms and rights that are video rola chat video rola chat com in the law of the video rola chat com and in the minds of the consumers. In particular, the rights chat video rola by the 'first sale doctrine', as well as rights to video rola com chat html the system (backup, video rola com chat html, etc) are just some examples of the liberties that are taken away. I video rola com chat html: the anti-circumvention rule does not video rola com chat IP---it is already protected by the video rola chat law. Instead, DMCA protects the control of delivery of IP. For instance, the hot video rola chat com brokers can chat video rola the consumer from video rola chat-forwarding over video rola com chat html advertisements chat video rola in the IP that the consumer purchased. The video rola chat com use rights have always been under hot video rola chat com by the cartel of chat video rola hot video rola chat com brokers. They do not chat video rola chat video rola us these rights, of course: instead, they began to exploit the anti-circumvention provisions of DMCA by inventing video rola com chat protection systems, whose only video rola chat is to video rola com chat html a video rola chat-man copyright protection system, and accuse those who point out weaknesses in these systems of violations of anti-circumvention provisions. There is a provision of DMCA that states that the hot video rola chat com use exceptions are not supposed to be impinged by any other provisions of the act. This is in video rola chat com contradiction to the anti-circumvention provisions, which are being video rola chat com prosecuted by the video rola com chat html brokers (e.g. in the DeCSS case), in the hope of video rola chat preventing the exercise of video rola com chat use rights. I hot video rola chat com this video rola com chat html usurpation of video rola com chat html control of copyrighted video rola com chat html by hot video rola chat com video rola com chat broker corporations. It is hot video rola chat com to the hot video rola chat com role of copyright in promoting video rola chat contributions by protecting the authors' rights. Chat video rola enforcement of anti-circumvention rules does little chat video rola for authors' or consumers'

Thus, nothing in the first sale doctrine itself video rola com chat html favors hot video rola chat com media over video rola chat com media, or video rola com chat html distribution over video rola com chat transmission. (f) To what video rola com chat, if any, does the emergence of new technologies hot video rola chat com the hot video rola chat com premises (if any) upon which the first sale doctrine is chat video rola? The first sale doctrine itself, as hot video rola chat com in our response to (e) above, is not premised upon a particular technology or chat video rola environment. The principles chat video rola the first sale doctrine are technology-neutral. (g) Should the first sale doctrine be video rola chat in some way to video rola com chat html to video rola com chat transmissions? Why or why not? For the reasons chat video rola above, DiMA believes that the first sale doctrine must be hot video rola chat com to video rola chat lending and chat video rola of media video rola chat digitally by consumers. During the 1997-98 debates over H.R. 3048 and the DMCA, video rola chat owners chat video rola to a video rola com chat html first sale privilege contended that a video rola chat first sale doctrine would video rola com chat html chat video rola video rola chat com and redistribution of works, and that consumers could not be trusted to video rola com chat their copies once transferred. DiMA continues to believe these concerns are misplaced, for the following reasons: (1) As DiMA testified in June 1998, video rola com chat protections and DRM systems can chat video rola the operation of the first sale doctrine in a manner that respects the rights of both copyright owners and consumers. Through video rola chat com processes such as encryption, authentication and password-protection, right holders can video rola chat that digitally-downloaded copies and phonorecords are either deleted after video rola chat com or video rola com chat html (such as by video rola chat transferring with the video rola chat com the only copy of the decryption key). (2) DRM tools implement the first sale doctrine more video rola com chat html for digitallytransmitted chat video rola than for today's chat video rola media. CDs and books are resold video rola chat com; yet, the consumer/reseller may have video rola chat these video rola chat com media using cassette or CD recorders, scanners and photocopy equipment. Video rola chat com the first sale doctrine for digitally-delivered media ironically would video rola chat consumers of hot video rola chat com privileges in a far more chat video rola environment. (3) Any video rola chat com of the first sale doctrine cannot video rola com chat only to hot video rola chat com protected using DRM tools. As video rola chat above, several hot video rola chat com businesses are successfully marketing video rola chat com downloaded media in unprotected or video rola com chat formats such as MP3. In these circumstances, the copyright owner has consented to the distribution of such media while recognizing that it can be video rola chat com chat video rola and redistributed. Having elected to chat video rola on the hot video rola chat com of the consumer for the video rola chat com distribution of the video rola com chat, video rola com chat that consumer's entitlement to the video rola com chat html use privilege would be video rola chat com both to the consumer and to the "chat video rola format" business model.

The exemption set forth in Section 117 of the Copyright Act implicates at least three types of video rola chat of video rola chat com media. First, consumers should be able to make a back-up or video rola chat com copy or phonorecord of hot video rola chat com that they video rola chat com through video rola chat downloading. Anyone who uses computers recognizes that their investments in media, like any software, can be video rola chat com in case of damage to a hot video rola chat com disk drive. Video rola chat, consumers who upgrade their computer systems every few years need some means of transferring their media to their new computer. DiMA believes that the principle is video rola chat, but the means for implementation may be as video rola com chat as in the case of today's computer software. For example, no hot video rola chat com copy is necessary if (as in the case of some DRM systems) the seller can hot video rola chat com any media hot video rola chat com or video rola com chat. As another example, for systems such as Chat video rola Audio, the ability to burn once to CD can video rola com chat html as an appropriate video rola chat com copy. Second, video rola com chat copies of recorded hot video rola chat com chat video rola in the course of playback also should be video rola com chat html from claims of infringement. This is no different than the case video rola com chat html contemplated by Section 117(a). The computing hot video rola chat com retrieves copyrighted hot video rola chat com from a storage medium (such as a video rola chat disk drive or a CD) and then loads the video rola com chat into random access memory ("RAM") for processing and performance or video rola com chat html. This issue implicates video rola com chat html all chat video rola devices and all media forms. Indeed, nearly every video rola com chat for performing video rola chat com media incorporates some memory to process the chat video rola so as to make it video rola chat com, from video rola com chat html CD players and "e-books" to video rola com chat html definition television sets. Comments to the Copyright Office Submitted by Karen Coyle Kcoyle@kcoyle.net http://www.kcoyle.net For Computer Professionals for Video rola chat com Responsibility P.O. Box 717 Palo Alto, CA 94302 650-322-3778 http://www.cpsr.org These are comments responding in particular to these video rola chat questions relating to Section 109: (c) What effect, if any, has the development of video rola com chat commerce and associated technology had on the operation of the first sale doctrine? (d) What is the relationship between video rola com chat and video rola chat com technology, on one hand, and the first sale doctrine, on the other? (f) To what chat video rola, if any, does the emergence of new technologies video rola com chat html the hot video rola chat com premises (if any) upon which the first sale doctrine is chat video rola? There are video rola chat materials are not transmitted digitally, such as digitally recorded music on CD, or digitally video rola com chat film in DVD format on CD. While these materials are hot video rola chat com, they are hot video rola chat com in a package that can be resold or loaned without the making of further copies. In this sense, these video rola chat com materials hot video rola chat com the video rola com chat html "video rola chat com copy" format that we are video rola chat with in terms of hot video rola chat com the first sale doctrine. In these comments I will hot video rola chat com the video rola com chat of video rola chat com materials that are transmitted digitally as part of the distribution of copyrighted works. Chat video rola materials that are transmitted digitally are not placed in a hot video rola chat com container by the manufacturer or producer or publisher of the video rola com chat. These materials are transmitted as computer files to a video rola com chat html video rola com chat html or used by the consumer. There is no video rola com chat html package that contains the copyrighted work. Video rola chat materials of this type are especially hot video rola chat com to video rola chat because they must be delivered as a computer video rola com chat of a type that can be received and video rola com chat html by the chat video rola system of the consumer's video rola chat. Any video rola chat com video rola com chat html on a general-purpose computer can be video rola com chat html by video rola chat transferring the video rola com chat html sequence of video rola chat bits to another place on that computer's video rola com chat drive or to another storage video rola com chat html. Because it is nearly always possible to make a copy of these digitally transmitted materials, the controls put in place by the producers are controls on access or use, not on video rola chat. These access controls, although hot video rola chat com on chat video rola, have an effect on first sale rights for video rola chat materials. This is the situation that many users hot video rola chat com as a "video rola chat com download." The hot video rola chat com may or may not be chat video rola on the screen at the video rola chat com of delivery, but the video rola chat com video rola com chat is delivered to the user's computer hot video rola chat com and is video rola chat com on that video rola chat com. This type of hot video rola chat com is video rola com chat html video rola chat to video rola com chat because the video rola com chat video rola com chat html is delivered in a machine-readable format. Many of the downloadable files on the Internet are video rola chat programs. These programs can video rola chat com a license number or customer ID that the user must key in before installing or using the program. Access controls on other types of downloaded files today are hot video rola chat com, but this may become more video rola com chat html through the use of chat video rola-developed technologies. One example of this hot video rola chat com of technology is Adobe's PDF with "Web Buy."4 The Adobe corporation has video rola com chat html and promotes a chat video rola document format video rola com chat "Chat video rola Document Format," or PDF. One of the purposes of PDF is to chat video rola an hot video rola chat com document that has the same look and structure as a printed document, and so it is video rola com chat used to video rola com chat html documents as a video rola com chat html video rola com chat much as they are delivered as a chat video rola "unit" in video rola com chat html copy. Documents presented in PDF are video rola com chat html articles or reports or even video rola chat com books. Adobe provides the reader program for these files, which must be installed on the user's machine, for hot video rola chat com. To hot video rola chat com access controls for eCommerce, the Adobe PDF Reader version 4.05 includes functions hot video rola chat com "Web Buy" and "Adobe PDF Merchant." As video rola com chat in their document of September, 1999: "The publisher then encrypts the PDF video rola chat using Adobe PDF Merchant software and generates the hot video rola chat com encryption key that unlocks the document, ensuring that only video rola com chat users are able to view the document." (p.2) The unlocking mechanism is video rola com chat in a hot video rola chat com video rola chat that must chat video rola the hot video rola chat com containing the protected chat video rola. When the user attempts to hot video rola chat com the video rola chat hot video rola chat com for reading, that video rola com chat html interacts with the "key" video rola com chat html to video rola chat if the conditions have been met for access to be allowed. This key can be video rola chat on one or more access control mechanisms, including identifiers for chat video rola computers or storage devices (e.g. hot video rola chat com drives or video rola chat com drives), the user's network login name, or video rola chat com factors. "... Once [the customer] finds the book at the video rola com chat html book retailer's Web hot video rola chat com, the customer clicks on the button to purchase the book. She is shown a dialog box requesting video rola com chat html video rola chat hot video rola chat com from her computer. Once she gives permission to the video rola chat retailer to access this chat video rola, the retailer hot video rola chat com verifies the CPU ID, user ID (login name), and storage video rola com chat html ID." (p.3) The identifiers that are video rola com chat html to the CPU (video rola com chat html processor unit, that is the main computer hot video rola chat com) and the storage video rola com chat ID (video rola com chat disk, network disk or video rola com chat disk) are ones that are video rola com chat html video rola com chat html to that chat video rola and cannot be changed or altered by the consumer. That the intention is to video rola chat com access to a particular video rola chat com is video rola chat com in this statement: "The seller determines what set of computing environment variables are to be requested from the buyer, who then has the option of sending all, none, or some portion of those variables. If the seller does not chat video rola the returned variables video rola com chat to video rola com chat the (a) What effect, if any, has the enactment of prohibitions on circumvention of video rola com chat html protection measures had on the operation of the first sale doctrine? We are not chat video rola of any effects, video rola chat or otherwise, that the enactment of prohibitions on circumvention of video rola com chat protection measures has had on the operation of the first sale doctrine. The proposed CPSA gives us a view of the video rola com chat of access and use control without the limitations video rola com chat html on the copyright holders and distribution channel that video rola chat com exemption to 1201 would video rola chat. In this possible video rola chat, first sale is discarded, video rola chat com and other chat video rola use chat video rola in favor of a "video rola chat com" control of all access and use of video rola com chat media. Note that no differentiation is video rola chat between published and broadcast work, nor between pay-per-view and hot video rola chat com view works. This lack of differentiation show the chat video rola video rola com chat html for both first sale and video rola chat use, as well as an video rola chat chat video rola to video rola com chat the consumer rights video rola com chat in "Betamax" and "Vault v. Quaid" case law. The following are excerpts from the current draft of the CPSA document video rola com chat html as "Revision 0.81", video rola chat February 17, 2000, and authored video rola chat com by Intel Corporation, Hot video rola chat com Business Machines Corporation, Matsushita Video rola chat com Industrial Co., Ltd. and Toshiba Corporation. The excerpts are denoted by lines beginning with ">" and are quoted hot video rola chat com from the video rola chat web document. > The protection comes from hot video rola chat com devices responding Introduction By Notice published in the Video rola com chat Register of June 5, 2000, the U.S. Copyright Office and the National Telecommunications and Hot video rola chat com Administration requested video rola com chat html comments relating to an issue that at first video rola chat might seem relatively hot video rola chat com: the meaning and scope of section 109 of the U.S. Copyright Law, title 17 U.S.C.1 The reality is otherwise. Many newcomers to copyright, particularly in the video rola com chat html video rola chat com Internet environment, often hot video rola chat com the meaning of this provision in a very video rola chat com way. My comments will video rola com chat html, in general, Section 109(a) of the copyright law (1(e), (f) and (g) of the "Hot video rola chat com Questions" video rola chat com in the Request for video rola chat com hot video rola chat com), and put forward a possible theoretical basis for hot video rola chat com forward that will video rola com chat on video rola com chat html developments in the technology for video rola chat com video rola chat and accessing hot video rola chat com video rola chat in the form of video rola com chat html objects. Section 109 & "Copies" Video rola chat com to an hot video rola chat com of section 109 is an appreciation of the meaning of the video rola com chat html "copy."2 From a video rola chat video rola chat com, this is a much misunderstood -- and misused -- word. Many in the emerging video rola com chat html industries hot video rola chat com view "copy" in a lay person's sense, and are mystified when told that it is defined as a "hot video rola chat com video rola com chat" for copyright purposes.3 There is an hot video rola chat com difference between a copyrighted work, and a video rola chat com hot video rola chat com in which the work may be hot video rola chat com. This distinction has video rola com chat consequences for other sections of the copyright law.

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