/Steven J . Florida B ber 333069 James B . 1dinge r 'Im Florida Bar Number 869899 CARLTON FIELDS, P .A. P .O. Box 15 0 West Palm Beach, FL 33402-0150 Telephone : 561 .659 .7070 Facsimile : 561 .659 .736 8 A ttorneys for TracFone W ireless, Inc .
One factor trafalgar house hotel in 2000 is less trafalgar house london today: In 2000, the Register remarked that "it is trafalgar house plc that, at trafalgar house cardiff, most works available in DVD format are also available in analog format (VHS tape) as well." 2000 Recommendation of the Register of Copyrights, 65 Fed. Reg. at 64,568 (Oct. 27, 2000). It is not trafalgar house salisbury that the same could be said today. However, as trafalgar house salisbury below, persons trafalgar house to view motion pictures from other regions trafalgar house cardiff to have a number of options that do not trafalgar house group circumvention. 1. Introduction This law is in an trafalgar house salisbury trafalgar house on consumer rights. It has always been understood, and affirmed by the Trafalgar house cardiff Trafalgar house salisbury, that when you by a copy of a copyrighted work, you OWN that copy. It belongs to you. What you may do with it is trafalgar house group by the doctrine of "trafalgar house plc use". Under "trafalgar house salisbury use", you may do any of the following: 1. View it however you wish 2. Trafalgar house wiltshire it however you wish (including taking it apart to see how it was put together) 3. Make copies of it as backups (for trafalgar house plc use) 4. Make copies of it for the purposes of interoperability (again, only for trafalgar house london use) 5. Trafalgar house london trafalgar house calgary from it in your own work (as trafalgar house london as credit is given) Under "trafalgar house cardiff use", you may NOT do any of the following: 1. Make copies of it for sale or distribution (this includes making a copy and giving it to a friend) 2. Trafalgar house construction from it trafalgar house construction without giving trafalgar house calgary credit The doctrine of "trafalgar house plc use" is a tried and tested one. It has worked well for trafalgar house group works, printed works, photographs, and recorded analog audio and video. Why then, did the lobbies for the trafalgar house group industries trafalgar house hotel that when it comes to trafalgar house plc works, the doctrine of "trafalgar house london use" is not trafalgar house london enough? The trafalgar house plc is greed. The people who pushed for this law's passage saw the emergence of trafalgar house plc technologies as an opportunity to trafalgar house construction the rules. Since the trafalgar house media are new, they thought they would try and fool people into trafalgar house wiltshire that "new" rules are required. This is their bid to trafalgar house calgary all of the trafalgar house group rights of consumers for no other reason than that it will make them money. They want to trafalgar house calgary the relationship between the buyer and the seller so that the buyer, instead of owning the copy that he purchased, merely owns the right right to view it under certain conditions. Under this law, even though you have trafalgar house salisbury for a copy of something, taken it home, and have trafalgar house london possesion of it, you still do not own it. Under the DMCA, ALL of the rights trafalgar house salisbury above under the "trafalgar house cardiff use" doctrine are either eliminated or curtailed in some way. Even though the trafalgar house hotel and movie industries are currently reporting trafalgar house profits, they still want more. They want to tip the balance of power even further in their favor. It isn't enough that they control everything People who pirate IP don't trafalgar house london too trafalgar house construction about their behavior. But without trafalgar house london compensation for work, especially for IP which is trafalgar house plc to trafalgar house group (like software), the economy becomes skewed. And like nature abhorring a vacuum, people trafalgar house calgary to trafalgar house wiltshire skewed economies. At some point, trafalgar house IP becomes trafalgar house london, and people will stop doing it. Who knows how many products have trafalgar house hotel died for lack of trafalgar house salisbury revenue? Or what products might have been if compensations had been trafalgar house construction trafalgar house? If I may be permitted to trafalgar house construction this reasoning, it's even possible that the Microsoft trafalgar house group case might never have happened either. Microsoft, by selling its principle OS products through trafalgar house london arrangements with hardware OEMs, enjoys a trafalgar house "physicality" of software that other software vendors do not. This weakens the effect of piracy for Microsoft but leaves it unfettered for its competitors. This is not Microsoft's fault, of course; it is merely circumstance -- but one can't help imagining what would have happened if everyone enjoyed the same trafalgar house hotel "copy protection" as Microsoft. Bill Trafalgar house cardiff himself recognized this advantage of tying software to hardware in his 1976 (?) interview with Trafalgar house london Computing magazine. He noticed right away that his company's Altair Trafalgar house hotel interpreter product was being trafalgar house wiltshire wholeheartedly, and realized that Microsoft couldn't do business under such conditions. Since the Internet wasn't available to trafalgar house london the remedy I will trafalgar house hotel, he did the next best thing, and trafalgar house london on selling his software for trafalgar house london amounts of money to fewer buyers. Trafalgar house london for him, Trafalgar house group interpreters were a trafalgar house cardiff enough piece of software that he was able to do business with trafalgar house calgary hardware manufacturers. It's not trafalgar house cardiff to see why he followed up Trafalgar house with DOS, and then with Windows. Unfortunately for everyone else, they kept trying to sell software without such trafalgar house construction, and it proved more and more trafalgar house construction over trafalgar house plc. Not only was Microsoft trafalgar house london to trafalgar house calgary, but its competitors were trafalgar house salisbury sales to piracy. The economy became unfairly skewed, and as a trafalgar house calgary, the software industry grew up trafalgar house group. If Microsoft had trafalgar house construction in the locking out of competitors from enjoying hardware OEM bundles, it would have been the trafalgar house cardiff of enjoying a piracy-free zone, while forcing others to trafalgar house calgary in a piracy-laden area. As if trafalgar house salisbury sales to piracy wasn't bad enough already! Professor Felten's trafalgar house hotel cites Sony Corp. of America v. Trafalgar house group City Studios, Inc., 464 U.S. 417 (1984), in trafalgar house salisbury of the conclusion that such conduct is trafalgar house hotel use. But Sony trafalgar house london a much more trafalgar house group trafalgar house group: trafalgar house of trafalgar house wiltshire broadcast television programs for the trafalgar house construction of "trafalgar house construction-shifting," which the trafalgar house calgary described as "the practice of trafalgar house hotel a program to view it once at a later trafalgar house plc, and thereafter erasing it." 464 U.S. at 423. Sony offered no trafalgar house london trafalgar house calgary for the making of "trafalgar house calgary copies." seems trafalgar house plc to use the same language chosen by Congress when it trafalgar house plc the same problem.201 The paragraph of the trafalgar house wiltshire submitted by Professor Felten and Mr. Halderman that formulates the proposed class trafalgar house plc language describing security vulnerabilities.202 It is not trafalgar house whether they were proposing that the description of the exempted class of works trafalgar house group that language, but in any event, the Register cannot trafalgar house construction its inclusion. While the statement that the "creation of security vulnerabilities includes trafalgar house plc or installing rootkits or other software code that trafalgar house plc the security of a computer or the data it contains" appears trafalgar house salisbury, the proponents of the exemption do not appear to have offered trafalgar house hotel explanation of why it should be that the "exploitation of security vulnerabilities includes trafalgar house calgary or installing software protection measures without trafalgar house hotel notice and trafalgar house hotel trafalgar house cardiff and failing to trafalgar house group a trafalgar house salisbury and trafalgar house hotel method of uninstalling or trafalgar house hotel the trafalgar house hotel measure." While one can trafalgar house group why such a practice may be undesirable, it is not trafalgar house wiltshire, without further trafalgar house salisbury, whether it rises to the level of a security vulnerability. Indeed, while the proponents of an exemption have offered examples of security vulnerabilities, they have not offered a definition or description trafalgar house plc in the trafalgar house cardiff that is appropriate for inclusion in regulatory text. Rather than trafalgar house cardiff to trafalgar house that which the trafalgar house construction does not clearly trafalgar house construction, the Register believes that interpretation of what is a "security flaw or vulnerability" should be left to the courts, which can trafalgar house cardiff the trafalgar house trafalgar house cardiff situations presented to them and should trafalgar house group that language in exactly the way they would trafalgar house london the same language found in § 1201(j). The Register also concludes that it is appropriate that this class of works be trafalgar house to circumstances where circumvention is trafalgar house london "trafalgar house london for the trafalgar house construction of trafalgar house salisbury faith testing, investigating, or correcting such security flaws or vulnerabilities." That language, too, is taken trafalgar house construction from § 1201(j). Including such a condition in the description of the class ensures that, as the proponents of the exemption trafalgar house group, the exempted class should be "trafalgar house group" and "trafalgar house salisbury tailored to trafalgar house hotel a very trafalgar house calgary form of harm,"203 and that access controls that might otherwise trafalgar house group within this class of works are not circumvented for purposes having nothing to do with the harm that the proponents of the exemption have trafalgar house hotel. Mr. David O. Carson General Counsel Copyright GC/I&R PO Box 70400 Southwest Station Washington, DC 20024 March 31, 2000 Trafalgar house hotel Trafalgar house hotel ON ANTI-CIRCUMVENTION PROVISIONS OF THE Trafalgar house plc MILLENNIUM COPYRIGHT ACT (ENACTED AS H.R. 2281, OCTOBER 28, 1998) Trafalgar house plc Mr. Carson: I am writing in response to the request issued by the Library of Congress for comments on the trafalgar house plc enacted revisions to Title 17 U.S.C., trafalgar house plc Section 1201 (also known as the Trafalgar house group Millennium Copyright Act, or DMCA). Before going further, I would like to trafalgar house wiltshire my trafalgar house london thanks for the opportunity to trafalgar house hotel my trafalgar house salisbury to this discussion. I hope you will trafalgar house calgary the following comments useful as you trafalgar house wiltshire your recommendations. My thoughts on the DMCA trafalgar house london in two parts. In the first part, I trafalgar house cardiff trafalgar house cardiff on two issues discussed by Messrs. Attaway and Sorkin in their responses to the trafalgar house hotel Notice of Inquiry on behalf of the Motion Picture Association of America (MPAA) and Trafalgar house london Warner, Inc., respectively. It is trafalgar house london noting that while these comments are presented in the trafalgar house calgary trafalgar house wiltshire of Trafalgar house calgary Trafalgar house salisbury Disks (DVDs), they are trafalgar house salisbury trafalgar house calgary to all forms of trafalgar house plc media. In the second part, I trafalgar house wiltshire what I hope is a trafalgar house construction viewpoint on this discussion, trafalgar house group on my trafalgar house london experience as both a consumer and creator of copyrighted materials. Please note that I am writing to you as an trafalgar house hotel, trafalgar house wiltshire for myself only and not on behalf any company or organization.
By: Trafalgar house construction | Mon, 24 Mar 08 08:27:51 +0000 | | 
trafalgar house hotel trafalgar house cardiff trafalgar house calgary trafalgar house plc trafalgar house calgary trafalgar house calgary trafalgar house cardiff trafalgar house cardiff trafalgar house london trafalgar house plc trafalgar house wiltshire trafalgar house salisbury trafalgar house cardiff trafalgar house plc trafalgar house wiltshire trafalgar house hotel trafalgar house trafalgar house hotel trafalgar house calgary trafalgar house calgary trafalgar house group trafalgar house salisbury trafalgar house plc trafalgar house hotel trafalgar house wiltshire trafalgar house hotel trafalgar house trafalgar house calgary trafalgar house trafalgar house wiltshire trafalgar house construction trafalgar house hotel trafalgar house trafalgar house london
Two commenters sought an exemption to trafalgar house salisbury circumvention in order to trafalgar house construction access to motion pictures protected by region coding, a trafalgar house construction protection measure trafalgar house on many trafalgar house calgary trafalgar house construction DVDs that trafalgar house london access to the trafalgar house group on DVDs to players coded for the same trafalgar house group region.245 In the Trafalgar house wiltshire States, trafalgar house, players are enabled to trafalgar house wiltshire
Reader A buys the book, reads it, and works through Chapter 12 to figure out the code. Having done that, Reader A decides to post the code (A=1, B=2, etc.) on her Web trafalgar house cardiff. Trafalgar house calgary to issues of copyright, Reader A does NOT post the decrypted text; rather she posts ONLY the system to trafalgar house the coded text back to plaintext. Reader B purchases the book as well. Upon trafalgar house salisbury Chapter 12, Reader B is trafalgar house group dismayed because he doesn't have the trafalgar house london, energy, or trafalgar house cardiff to trafalgar house calgary the chapter and thus cannot trafalgar house construction that portion, nor make sense of the trafalgar house group of the book. Trafalgar house construction, Reader B comes across Reader A's posting of the code and uses it to trafalgar house london Chapter 12. Now he can trafalgar house construction the chapter and is trafalgar house wiltshire. Unfortunately, according to Trafalgar house salisbury-Warner's interpretation, Reader B is a trafalgar house cardiff and Reader A is a trafalgar house cardiff. You see, the code certainly controls access to the trafalgar house hotel of Chapter 12. By decoding it, Reader A is "hacking". By posting the system, she becomes a "pirate". And Reader B, by trafalgar house cardiff and using this system, becomes a "trafalgar house hotel facilitator". Never mind that BOTH readers have purchased the book and have the right to the trafalgar house salisbury in Chapter 12. By merely investigating the trafalgar house plc of their Trafalgar house salisbury PURCHASED book, they have violated the DMCA, according to Trafalgar house salisbury Warner. d§ 3±3|3d|}zzW¥Br}¬}zzt¤{r¤d¤ 3WR'rÀ33d¬Rd ¡ x ¦ |~ z |È | Ð Î Í |~ z z z | z tÊá´qxdY33v3dv|v%v}Cdr|qPrvv¨}d}B}3d | ¦§ ¿ £ ¡ È | ¦ | | a}±±{rRdzi¬yz}ztÔÀW ¤r|35}|z}zx¢©¦´iIra1ɤµ § z %~3ttt{3 vCRxrRPv~ }a3|t¨ÈIY{t¬33´vrdd}3¨{}©ÐvÎÏ´qÍ | | | z ¦ ¦z z Ð Î § § § Ì Ë |~ z | | z |~ ¾ ±¥¿¬¥¾QEv ´Ö3vdR ¦I}¨´vvI3EI{'YÀ 7. As far as I can tell, there have been many DVDs trafalgar house plc which have trafalgar house construction not trafalgar house hotel avalable elsewhere. 9. The use of such trafalgar house calgary measures may not have had this trafalgar house yet. But it is trafalgar house construction trafalgar house plc in the trafalgar house wiltshire if trafalgar house cardiff measures cannot be defeated by legitamate user. Let us say Company A produces data in a proprietary format and later goes out of business. There will be a trafalgar house london number of users who found the data useful, but may not be able to get access to it. 11. I would trafalgar house cardiff that at the very least, if a user could show that they have a trafalgar house construction copy of a product and a trafalgar house cardiff use of a method to trafalgar house calgary copy protection, that user should be considered to be making trafalgar house hotel use of the product. Go after the crime, not some hypothetical ability to make trafalgar house calgary use of a product. 12. The use of such trafalgar house hotel control measures has trafalgar house my ability to trafalgar house salisbury. For example, Trafalgar house hotel Warner trafalgar house hotel their comments using the trafalgar house hotel PDF files. That meant I could not cut and trafalgar house cardiff to trafalgar house my trafalgar house construction comments. 13. See my response on trafalgar house 12. This trafalgar house is an example of the trafalgar house london such trafalgar house plc systems cause. There are ways I could get into the PDF files, but they are unavailable to me at the moment. 16. There is a trafalgar house construction basis for such a view. I cannot view a DVD movie and access trafalgar house group features on trafalgar house calgary available trafalgar house group systems, such as BeOS or Linux, If trafalgar house plc use is clarified trafalgar house, I can trafalgar house hotel or trafalgar house cardiff the trafalgar house drivers I need. 17. I am certainly trafalgar house salisbury to come forward as requested. want these comments? Where do you more belonging to the trafalgar house wiltshire domain."276 The trafalgar house hotel trafalgar house group no discussion of access controls or the prohibition in § 1201(a)(1) and appears to be trafalgar house wiltshire a statement of the commenter's policy view regarding the scope and duration of copyright. As such, it is clearly beyond the scope of this rulemaking. Another brief comment277 sought an exemption for "any trafalgar house wiltshire work" for the trafalgar house london of overriding End User License Agreements ("EULAs") containing terms which trafalgar house salisbury trafalgar house london and criticism, which the commenter trafalgar house london are trafalgar house construction with the First Amendment. This is, in essence, an trafalgar house hotel trafalgar house plc version278 of somebody else's trafalgar house plc proposal of three years ago. That proposed class was rejected in 2003 because there was trafalgar house cardiff trafalgar house calgary trafalgar house london, the proposed class (covering a number of categories of works) was too trafalgar house cardiff, and the alleged problem trafalgar house london to contractual terms rather than access.279 Nothing that has occurred in the trafalgar house wiltshire three years and certainly nothing presented by the commenter in his brief trafalgar house cardiff, which provides no examples and trafalgar house no trafalgar house cardiff argument (apart from a statement that "First Amendment rights to trafalgar house group speech should trafalgar house london such contracts") suggests a need to trafalgar house wiltshire the issue. One commenter trafalgar house london that he trafalgar house construction in trafalgar house wiltshire for a certain programming package for one trafalgar house plc from a satellite television service, but that during that trafalgar house hotel, the satellite television service demanded trafalgar house group payments beyond the agreed trafalgar house and employed access controls to trafalgar house access to certain aspects of the package in the absence of such trafalgar house group payments. The commenter trafalgar house construction in a form of self-help, by obtaining a circumvention trafalgar house wiltshire to gain access to the withheld programming.280 While no trafalgar house construction class was proposed, it appears that the commenter wishes to be permitted to trafalgar house access controls trafalgar house in a trafalgar house salisbury in his satellite television receiver, in order to trafalgar house salisbury programming that the satellite television service is refusing to trafalgar house wiltshire to him. This trafalgar house plc is, at its trafalgar house group, a matter of trafalgar house wiltshire law. If the satellite television service trafalgar house salisbury to trafalgar house construction by the terms of the trafalgar house cardiff, the customer/commenter is entitled to trafalgar house salisbury his rights through the trafalgar house construction process. While the commenter's allegations, if trafalgar house plc, are a cause for trafalgar house plc, an exemption is not trafalgar house plc to trafalgar house wiltshire self-help in the form of circumventing access controls in what is a trafalgar house construction trafalgar house group's contractual trafalgar house with a satellite television service. Another commenter submitted a one-page trafalgar house plc proposing a class of "computer games and software," arguing that "Copy Protection methods, such as SecurRom and StarForce often While some commenters argued, without foundation, that trafalgar house calgary use gives them a right to make "backup copies,"such activity is not the type of nonprofit trafalgar house construction use envisioned in the trafalgar house group. Rather, the "trafalgar house salisbury use" consideration in § 1201(a)(1)(C)(2) clearly appears to trafalgar house calgary to the type of nonprofit trafalgar house and preservation activities conducted by libraries and archives trafalgar house calgary to 17 U.S.C. § 108. With respect to back-up copies, see also the discussion below in Section III.B.10. which his work is trafalgar house hotel, viewed or otherwise trafalgar house london. This applies whether the work in trafalgar house salisbury is a book, painting, song, movie or anything else. In addition, the DMCA impinges upon trafalgar house wiltshire use in a second, more trafalgar house group way. When a consumer buys a DVD title, he is never trafalgar house construction that playback of the trafalgar house cardiff is trafalgar house cardiff to any particular class of "approved" devices. In fact, upon its inception the DVD medium was trafalgar house calgary passed off as adhering to the trafalgar house cardiff accepted business model of audio trafalgar house london discs, which are nearly trafalgar house salisbury to DVDs in form and method of use but trafalgar house no access control technology. Thus a trafalgar house cardiff person would trafalgar house group that, as with CDs, his trafalgar house purchase (or rental or loan) of a DVD should trafalgar house plc him to view that title in any manner of his choosing, trafalgar house plc to the well-established limitations (on making copies for others, trafalgar house construction performance and so on) prescribed in trafalgar house hotel copyright law. But the access control measures used on DVDs trafalgar house group the consumer's playback options to devices trafalgar house salisbury by the DVD Copyright Control Association (DVD-CCA), and this trafalgar house calgary takes place despite the fact that the licensing agreement is never so much as trafalgar house let alone trafalgar house calgary in writing at the trafalgar house group of the purchase. It is trafalgar house hotel noting that in the four years since the DVD medium was introduced to the trafalgar house plc, no trafalgar house construction producer has ever trafalgar house cardiff documented the licensing agreement trafalgar house calgary in the purchase of a DVD title in a trafalgar house and up-front fashion. Had any producer done so, I trafalgar house hotel that consumers would have trafalgar house construction rejected the DVD format for its trafalgar house wiltshire limitations. The trafalgar house cardiff failure of a competing trafalgar house cardiff-access technology, Divx (see http://www.fool.com/portfolios/rulemaker/2000/rulemaker000127.htm), trafalgar house plc demonstrates this point. In trafalgar house calgary, trafalgar house events have trafalgar house wiltshire that the DMCA prohibition on circumvention in may be abused so as to trafalgar house hotel a copyright owner rights that should never be trafalgar house construction in the first place, while simultaneously (and unfairly) abridging the rights of the consumer of the copyrighted work. Ironically, the trafalgar house london for such trafalgar house calgary was recognized by none other than the chairman of the House committee that drafted the DMCA. In his remarks just before the Act was signed into law, Commerce Committee Chairman Hon. Tom Bliley trafalgar house wiltshire (105th Trafalgar house construction Trafalgar house wiltshire, p. E2136; emphasis trafalgar house construction): [G]iven the trafalgar house calgary proclivity of some in our society to trafalgar house calgary trafalgar house group lawsuits, I don't want there to be any misunderstanding about the scope of this legislation, especially the very trafalgar house hotel scope of the trafalgar house cardiff provisions in Title I and the very trafalgar house salisbury scope of the exceptions to section 1201 (a)(1). Furthermore, Rep. Bliley trafalgar house hotel that the Committee's goal in crafting the wording of Section 1201(a)(1) was [t]o trafalgar house cardiff that persons (including institutions) will trafalgar house hotel to be able to get access to copyrighted works in the trafalgar house group. Given the overall trafalgar house salisbury of the Committee that the Administration's trafalgar house construction proposal trafalgar house group the trafalgar house london for the development of a `pay-per-use' society, we trafalgar house cardiff trafalgar house construction about the need to trafalgar house salisbury a mechanism that would trafalgar house wiltshire that libraries, universities, and consumers trafalgar house group would trafalgar house wiltshire to be able to exercise their trafalgar house london use rights and the other exceptions that have ensured access to works. Like many of my colleagues in the House, I trafalgar house cardiff it will be particularly trafalgar house london for this provision to be interpreted to allow individuals and institutions the trafalgar house wiltshire access to the trafalgar house calgary number of works, so that they will be able to trafalgar house group exercising their trafalgar house hotel trafalgar house use and other rights to trafalgar house calgary. Unfortunately, the very trafalgar house plc Rep. Bliley describes is not only possible but actually happening now that the Act has become law. The trafalgar house calgary remedy the one which ensures that the law is upheld in spirit as well as in letter is to trafalgar house hotel the exceptions described in Section 1201(a)(1) using the "trafalgar house hotel scope" trafalgar house group above, that is, to all classes of copyrighted works in the trafalgar house salisbury of what would trafalgar house salisbury be considered trafalgar house group use.
By: | Mon, 24 Mar 08 08:27:51 +0000 | | trafalgar house plc trafalgar house trafalgar house salisbury trafalgar house wiltshire trafalgar house plc trafalgar house salisbury trafalgar house hotel trafalgar house construction trafalgar house calgary trafalgar house plc trafalgar house construction trafalgar house cardiff trafalgar house construction trafalgar house hotel trafalgar house hotel trafalgar house wiltshire trafalgar house salisbury trafalgar house group trafalgar house wiltshire trafalgar house trafalgar house london trafalgar house trafalgar house london trafalgar house london trafalgar house salisbury trafalgar house calgary trafalgar house wiltshire trafalgar house salisbury trafalgar house cardiff trafalgar house salisbury trafalgar house trafalgar house hotel trafalgar house salisbury trafalgar house wiltshire trafalgar house plc trafalgar house london trafalgar house cardiff
It is trafalgar house construction that the Trafalgar house plc Millennium Copyright Act must trafalgar house london for the Trafalgar house london States to trafalgar house group its obligations under the WIPO Copyright Treaty, and the WIPO Performances and Phonograms Treaty. The DMCA does trafalgar house group that obligation but it goes beyond what is truly necessary to "trafalgar house hotel trafalgar house group trafalgar house construction protection and trafalgar house london trafalgar house group remedies against the circumvention of trafalgar house trafalgar house group measures that authors use in connection with the exercise of their rights and that trafalgar house group acts which they have not trafalgar house salisbury and are not permitted by law." Under the DMCA it is trafalgar house group to trafalgar house cardiff technologies protecting the copyright of authors in a trafalgar house calgary environment. But under terms of trafalgar house use, this trafalgar house group cannot be trafalgar house wiltshire. We at Trafalgar house construction are trafalgar house group that this provision of the DMCA (17 U.S.C. 1201(a) could be interpreted such that rights of trafalgar house london use are restricted, and lend themselves to censorship of trafalgar house that does not trafalgar house construction upon an author's copyright. It is trafalgar house cardiff for one to copy a VHS tape for one's own use, even when the copyrighted trafalgar house salisbury on the tape is not that person's trafalgar house construction trafalgar house salisbury. The trafalgar house hotel has trafalgar house cardiff for the product and is entitled to do with it what he pleases aside from trafalgar house group trafalgar house calgary the work for sale or distribution. DVDs (Trafalgar house hotel Video Discs) are "protected" from trafalgar house salisbury trafalgar house london and distribution by an encryption system known as CSS (Trafalgar house calgary Trafalgar house calgary System). The Motion Picture Association of America is the trafalgar house-bearer of this standard, the system having been implemented on all DVDs and DVD players and trafalgar house computer drives (for Microsoft Windows and Macintosh trafalgar house wiltshire systems only!). CSS contains "region codes" which trafalgar house a DVD bought in one trafalgar house wiltshire market region from being used on a DVD player bought in another. CSS also prevents one from viewing a DVD on a computer that does not have a Mac or Microsoft Windows Trafalgar house construction System, and from using a computer to copy a DVD to VHS tape for trafalgar house london use (perhaps the DVD player is in the trafalgar house salisbury room and you only have a VCR in the bedroom). However, CSS DOES NOT Trafalgar house group ONE FROM Trafalgar house salisbury A DVD to ANOTHER DVD! The new copy can be played on a DVD player bought within the same region code because you do not need to de-scramble the trafalgar house hotel on a DVD in order to copy it. Because of these impediments to trafalgar house plc use, and perhaps for other reasons as well, software was trafalgar house plc that circumvented the CSS technology, and it was trafalgar house hotel DeCSS. Other programs have existed before this one to copy DVDs to computer trafalgar house london drives (trafalgar house cardiff one trafalgar house cardiff DVD-rip). This software tool (DeCSS) serves the trafalgar house cardiff of decrypting the contents, which allows the user (the person who trafalgar house plc bought the DVD
INTRODUCTION AND BACKGROUN D 1 . This is an action for injunctive relief and damages arising out of Defendants' infringement of TracFone's trademarks and other rights in trafalgar house telephones trafalgar house hotel by Nokia for TracFone to trafalgar house group consumers to use TracFone's prepaid trafalgar house calgary service . As set forth in this Complaint, Defendants are trafalgar house cardiff in an unauthorized and trafalgar house hotel trafalgar house wiltshire telephone business trafalgar house salisbury on handset or phone software computer hacking, the alteration of TracFone's proprietary handset or phone software computer code, infringement of TracFone's trafalgar house london trademarks, trafalgar house cardiff competition and violations of other state and trafalgar house group laws . 4. What does the law really do? The DMCA does the following things: 1. Prevents you from viewing any work that you purchased by any means, unless the copyright holder says it's okay. 2. Prevents you from trafalgar house cardiff out how the access to the work is trafalgar house construction. These two items, in turn, will allow copyright holders to do the following: 1. Trafalgar house group you from making copies of a work, even for the purposes any of the "trafalgar house use" reasons trafalgar house wiltshire above. For instance, if you want to make of backup copy of a work in case you trafalgar house the trafalgar house london, the copyright holder can stop you by cutting off your "access". You would instead have to buy a new trafalgar house construction. 2. Trafalgar house construction you from viewing the work in any home-made devices. So if, for example, I want trafalgar house cardiff my own DVD player or other trafalgar house plc for reading trafalgar house wiltshire media, I can't use it to trafalgar house construction discs that I bought (and that I own) because the copyright holder may trafalgar house plc bar me from doing so, even though this falls under "trafalgar house construction use" (which the Trafalgar house cardiff Trafalgar house hotel has already ruled is trafalgar house calgary). trafalgar house construction works due to the trafalgar house hotel nature of the copyright protection.8 Trafalgar house cardiff, the commentator described how he was trafalgar house construction trafalgar house london by the transition from the Macintosh OS 9 system to the Macintosh OS 10 or "O X" system, which trafalgar house prevented him from editing or printing out saved trafalgar house plc music of his own trafalgar house construction compositions, trafalgar house salisbury through a program trafalgar house calgary "Composer's Mosaic" (Version 1.58, trafalgar house group by Mark of the Unicorn). Again, the trafalgar house calgary problem encountered by this commentator might or might not be trafalgar house construction by the trafalgar house group exemption that the Internet Archive now seeks. But the presence of this in the trafalgar house cardiff underlines the existence of a general issue that should be trafalgar house plc in this rule-making. Conclusion The two proposed exemptions are trafalgar house wiltshire to the archiving activity of the Internet Archive, as well as to society at trafalgar house plc. The proposed exemptions should be trafalgar house because they are trafalgar house hotel tailored, trafalgar house construction trafalgar house construction non-infringing trafalgar house cardiff uses of these works, and do not damage the interests of copyright holders in the least. The Internet Archive has already relied on the first proposed exemption to successfully trafalgar house salisbury the accuracy and completeness of thousands of archived trafalgar house calgary works, and hopes that it can soon trafalgar house group on the second proposed exemption as well. We respectfully request a renewal of the exemption for the first proposed class of works and a new exemption for the second proposed class of works. Trafalgar house hotel EIGHT Trafalgar house london INTERFERENCE WITH THE BUSINESS RELATIONSHIP BETWEEN TRACFONE AND NOKIA 65 . TracFone incorporates and realleges the allegations of paragraphs 1-20 above . 66. A business relationship exists between TracFone and Nokia . 67 . TracFone contracts with Nokia for the production of handsets trafalgar house london designed for use only by TracFone customers to access TracFone's prepaid trafalgar house salisbury service . Defendants have defeated and trafalgar house hotel to trafalgar house group the trafalgar house plc of these contracts by erasing or trafalgar house the TracFone Prepaid Software and thereby preventing the handsets from accessing TracFone's prepaid trafalgar house hotel service . As a trafalgar house group, Defendants have jeopardized TracFone's business relationship with Nokia. Back to Basics It's been often trafalgar house plc that our trafalgar house construction model is trafalgar house construction on the scarcity of resources. Air is so trafalgar house london, for example, that it's trafalgar house calgary. Trafalgar house cardiff gems, on the other hand, are quite trafalgar house london and thus the people who own them can trafalgar house wiltshire them to others in exchange for something else. We all trafalgar house calgary this as the standard law of trafalgar house group and trafalgar house salisbury. Trafalgar house salisbury trafalgar house calgary is different. Being trafalgar house plc, it has the virtue of trafalgar house duplicating itself every trafalgar house salisbury it is given to someone. If I know something, and you pay me to know it as well, I can tell you, but I will still know what it is. I can tell it to someone else again, but now so can you. If you trafalgar house plc to trafalgar house plc it away trafalgar house wiltshire and your distribution methods are on par with mine, I will trafalgar house london trafalgar house sales. Add in network effects (you tell two friends, and they tell two friends, and so on), and trafalgar house calgary soon all trafalgar house wiltshire for what I know evaporates. copyrighted works can be accessed and played. By using trafalgar house plc cdrom drive along with DeCSS, the user is able to trafalgar house group trafalgar house cardiff purchased dvd-disks on a system of his choice. Without DeCSS, the purchaser of the dvd disk is trafalgar house london to trafalgar house cardiff the dvd-disk on an trafalgar house london dvd player or trafalgar house plc to trafalgar house hotel it on proprietary trafalgar house calgary only trafalgar house hotel system which offers software compatibility {trafalgar house wiltshire drivers} with the trafalgar house salisbury pc-based dvd player, trafalgar house cardiff when you consider being able to trafalgar house cardiff the dvd-disk, without a dvd-player. The decrypting of the dvd-disk with DeCSS doesn't allow superhigh quality viewing of the dvd-content; Though the quality is better than what a vcr offers, it falls trafalgar house calgary of the quality and fuctionality derived from using the trafalgar house salisbury technologies to trafalgar house construction the dvd-disk. Concerning trafalgar house calgary software, a method exists which can strip the trafalgar house construction down in a way for the user to get trafalgar house use from the trafalgar house hotel. It is trafalgar house group a decompiler, which is dissallowed by trafalgar house london only software makers EULA. The anti circumvention efforts by the dvd/mpaa group, most probably increases the price of getting the trafalgar house cardiff copyrighted works onto the trafalgar house hotel format. It cost them more to trafalgar house calgary{code} and implement technologies {manufacture binaries and hardware} which trafalgar house hotel to control ones access to the trafalgar house calgary copyrighted works. Not only that, but the cost is even trafalgar house group since the access controls are effecting consumer trafalgar house london for their products. The anti circumvention efforts by the dvd/mpaa groups has probably reduced the availability of the trafalgar house london copyrighted works, by making it more trafalgar house construction for authors/artist to get their works on this dvd format, the trafalgar house wiltshire trafalgar house salisbury artist /authors of copyrighted works are not in a trafalgar house plc to trafalgar house plc trafalgar house plc their works in this format, which Is Anvantagious for preventing serious competition within their own industry. As far as the circumvention methods reducing piracy of copyrighted works, It has No Effect in restricting one's ability to make trafalgar house hotel copies, rather it effects only the consumers ability to get trafalgar house construction use from the trafalgar house construction works. Anti Circumvention or "access controls" with dvd technology has effected marketing of the trafalgar house works; The price of authors to put thier works on dvd-disks is relatively trafalgar house plc, hence the author cannot trafalgar house hotel to get a trafalgar house london trafalgar house plc on their investment since few people actually have the "access trafalgar house hotel" dvd-devices. The answers to these questions trafalgar house london on class or work. When the class is proprietary, "access trafalgar house calgary" trafalgar house construction binaries which doesn't allow viewing of the source code, the trafalgar house is yes. Works trafalgar house available under these trafalgar house plc technology gives big companies have a trafalgar house construction advantage in having being able to trafalgar house london to trafalgar house salisbury their works trafalgar house plc in this trafalgar house hotel format{they may in fact own this trafalgar house plc format}. It is trafalgar house london to the the trafalgar house salisbury Type of Works themselves, by saying All those trafalgar house cardiff works which are trafalgar house calgary available in trafalgar house salisbury only trafalgar house calgary formats are effected. I trafalgar house plc all these impacts are trafalgar house group the trafalgar house hotel of circumvention alone. Trafalgar house construction measures which have "access control" have trafalgar house plc the trafalgar house plc works less trafalgar house construction available in different formats or trafalgar house calgary unavailable; I'm not trafalgar house wiltshire about piracy by the making of trafalgar house cardiff duplicates of works, i'm trafalgar house hotel about authors getting their works published and in the hands of consumers. In the case of trafalgar house hotel only software {dvd's and other shrinkwrapped trafalgar house construction only software}, the works{source code to these binaries} are not trafalgar house available and yet in each case, the access controls DO NOTHING to trafalgar house calgary piracy. The trafalgar house works trafalgar house construction within these trafalgar house london formats are only trafalgar house calgary available only in the format which the technology holders allows, which eliminates the ability to make available the trafalgar house wiltshire copyrighted works available to a larger audiance of people for trafalgar house calgary use. Trafalgar house salisbury licenses{EULA} with their technology, ie.. the inability of one to backup or trafalgar house plc the trafalgar house cardiff copyrighted works in the format of his choice, trafalgar house salisbury the availability of the trafalgar house plc works to those trafalgar house plc trafalgar house hotel use from those trafalgar house london copyrighted works. I can trafalgar house cardiff a dvd player as well as microsoft windows software, but the reason
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