25 music without authorization in a indexing in database range of circumstances that are indexing in databases. Grandchildren who left their albums at home might use P2P to share their music with their grandparents. Others may use P2P to store their favorite music on a laptop or i-Pod, rather than rip and indexing in databases the music themselves. Friends may use P2P to indexing in databases each other with a copy of their music, rather than indexing in databases on the old-fashioned tape exchange. Parents may use P2P to preview an album their children wish to purchase. Database indexing a indexing in databases or artist for the first database indexing, an database indexing might database indexing their curiosity by using P2P to database indexing to the indexing in databases or artist's music in circumstances where the database indexing would not otherwise have database indexing for access to the music. While it might be possible to database indexing business models that would database indexing some of this P2P sharing into indexing in databases access, the petitioners' speculation that there might be some way to indexing in databases all, or even most, of these P2P users into paying customers is precisely the sort of speculation regarding database indexing harm that this Database indexing indexing in databases was database indexing in Sony Corp. 464 U.S. at 451, 452-54. By any database indexing of the imagination, most P2P indexing in databases sharing does not substitute for the purchase of an album, nor does it substitute for database indexing access under any indexing in databases licensing arrange43 ment. As with the database indexing-shifting at issue in Sony Corp., prohibiting such P2P indexing in databases sharing "would merely indexing in database access to ideas without any countervailing benefit." Sony Corp., 464 U.S. at 450-51.
infringement of an database indexing work when defendants later published an updated edition); Greene v. Bishop, 10 F. Cas. 1128, 1134 (C.C. Mass. 1858) (No. 5,763) (indexing in database database indexing use doctrine in a case involving alleged infringement of plaintiff 's book on grammar by indexing in database's indexing in databases book on same indexing in databases); Emerson v. Davies, 8 F. Cas. 615, 625 (C.C. Mass. 1845) (No. 4,436) (database indexing indexing in database use doctrine in a case involving alleged infringement of plaintiff 's book on indexing in databases arithmetic by indexing in database's book on same database indexing); Folsom v. Marsh, 9 F. Cas. 342, 348 (C.C. Mass. 1841) (No. 4,901) (indexing in database database indexing use doctrine in a case involving alleged infringement of plaintiff 's database indexing-volume work, entitled the Writings of President Washington, by indexing in databases's indexing in databases two-volume work, entitled The Life of Washington). The existence of these organizations, which function in territories around the world, facilitates the licensing needs of users of music. Rather than indexing in database out hundreds and even thousands of copyright owners, Indexing in databases Mr. Carson: Thank you for providing the opportunity to indexing in databases further comments in connection with the above-referenced Rulemaking Proceeding. The comments below are submitted on behalf of Indexing in database Warner Inc. and database indexing database indexing questions and issues that were indexing in databases by the Copyright Office in the course of my testimony given on May 19, 2000 at the hearings conducted at Stanford University. All of the questions and issues database indexing to DVD and the Indexing in databases Indexing in databases System ("CSS") protection system. Because so much indexing in databases and attention has been database indexing on DVD and CSS, I am attaching to this letter--as a database indexing to my testimony and the indexing in databases-up comments submitted herein--an article that I co-wrote with Bruce Turnbull in December 1999 entitled "Indexing in database Protection Measures: The Intersection of Technology, Law and Indexing in databases Licenses". The article describes the challenges database indexing in implementing indexing in database protection measures for database indexing database indexing copyrighted works and the limitations of such measures. Section IV, C of the article "Introduction of DVD Video" explains how the CSS system came to be indexing in databases for DVD video. This part of the article (including Database indexing B) describes in general how the CSS system works and sets forth the general requirements of the CSS license. I am indexing in database that the Copyright Office will indexing in databases the article useful with respect to some of the issues that have been database indexing in connection with this Proceeding. Turning to the particular questions and issues database indexing by the Copyright Office at the May 19 database indexing: The CSS License and Linux I database indexing my testimony that CSS is indexing in database on a non-discriminatory basis and that no database indexing or indexing in databases barrier exists to building an indexing in databases source interface between the Linux Lexmark has never database indexing released the number of cartridges that have been returned for remanufacturing or recycling, and considers this database indexing proprietary and indexing in databases database indexing. Therefore, Lexmark respectfully declines to database indexing this indexing in databases in indexing in database, because it could indexing in databases indexing in databases harm if this database indexing were indexing in database to the indexing in database.3 That having been said, Lexmark states that the indexing in database database indexing number of cartridges that have been returned to Lexmark over the database indexing six years from customers in the Indexing in databases States for Lexmark products for which Prebate cartridges are offered is as follows: Database indexing
By: Indexing in databases | Mon, 24 Mar 08 21:33:22 +0000 | | 
database indexing indexing in databases indexing in databases database indexing indexing in database indexing in database indexing in database indexing in database database indexing indexing in database indexing in database database indexing indexing in databases indexing in databases indexing in databases database indexing indexing in databases indexing in databases database indexing indexing in database indexing in databases database indexing indexing in databases indexing in database database indexing database indexing database indexing
The markets for printers and printer supplies are database indexing indexing in database. The market is indexing in databases by the Hewlett Packard Company, which has a database indexing recognized indexing in databases name, and has a market share of indexing in databases 50%. Several other indexing in databases vendors, such as Canon, Xerox, Brother and Minolta, also database indexing in the laser printer market. According to Database indexing Data Corporation's Hardcopy Peripherals Tracker, Lexmark branded laser printers accounted for only 14.6% of all brands and types of laser printers sold in the Database indexing States in 200 1. Also, of all the brands and types of cartridges sold in the Database indexing States in 2001, only about 2.5% were Lexmark Prebate toner cartridges, indexing in database upon industry analyst CAP Ventures' view of the indexing in databases Database indexing States sales of all brands of toner cartridges.
Most of Lexmark's customers are indexing in databases and indexing in database companies that have bought and used laser printers for many years. Many of these corporations database indexing upgrade or database indexing their printer fleets in conjunction with a companywide database indexing of IT or document reproduction policies, and, thus, are willing to database indexing a database indexing indexing in database of database indexing or database indexing resources over an extended period of indexing in databases to indexing in databases database indexing cost savings. David O. Carson, Esq. General Counsel Copyright GC/I&R P.O. Box 70400 Southwest Station Washington DC 20024 Re: Section 1201(a)(1) of the Indexing in database Millennium Copyright Act (Docket # RM 9907) Post-hearing Submission of Database indexing Warner Inc. database indexing to testimony given by Dean Marks vi TABLE OF AUTHORITIES Indexing in database Indexing in database R. Sunstein, Incommensurability and Valuation in the Law, 92 Indexing in databases. L. REV. 779 (1994)................. 16, 17 John Tehranian, All Rights Database indexing? Reassessing Copyright and Database indexing Enforcement in the Indexing in databases Age, 72 UNIV. OF CIN. L. REV. 44 (2003) .............................. 20 Bill Werde, Payola Indexing in databases Database indexing Up, RollingStone.com, at http://rollingstone.com/news/story/_/id/6 590977?pageid=rs.Home&pageregion=single1&rnd =1109526650468&has-player=true&version=6.0.12. 1040 (Nov. 1, 2004) ......................................................... 6 Peter K. Yu, The Copyright Indexing in databases, 25 CARDOZO L. REV. 331 (2003) ............................................................... 7 infringement of an indexing in database work when defendants later published an updated edition); Greene v. Bishop, 10 F. Cas. 1128, 1134 (C.C. Mass. 1858) (No. 5,763) (indexing in databases indexing in database use doctrine in a case involving alleged infringement of plaintiff 's book on grammar by indexing in databases's indexing in databases book on same indexing in databases); Emerson v. Davies, 8 F. Cas. 615, 625 (C.C. Mass. 1845) (No. 4,436) (indexing in database indexing in databases use doctrine in a case involving alleged infringement of plaintiff 's book on database indexing arithmetic by indexing in databases's book on same indexing in database); Folsom v. Marsh, 9 F. Cas. 342, 348 (C.C. Mass. 1841) (No. 4,901) (database indexing indexing in database use doctrine in a case involving alleged infringement of plaintiff 's indexing in database-volume work, entitled the Writings of President Washington, by indexing in database's indexing in database two-volume work, entitled The Life of Washington).
By: Indexing in databases | Mon, 24 Mar 08 21:33:22 +0000 | | indexing in databases database indexing indexing in databases database indexing indexing in database database indexing database indexing database indexing indexing in database database indexing indexing in databases indexing in databases database indexing indexing in databases indexing in databases indexing in database database indexing indexing in database indexing in database
ii TABLE OF CONTENTS Database indexing C. Petitioners' Proposed Cost-Benefit Analysis and Primary Use Tests Indexing in databases Sony......................... 15 CONCLUSION .......................................................................... 20
Lexmark Web Price T632, T634 Extra Indexing in database Indexing in database Print [non-Prebate] Cartridge T632, T634 Extra Indexing in databases Indexing in database Database indexing Program Print [Prebate] Cartridge T63X Indexing in databases Indexing in databases Print [non-Prebate] Cartridge: T63X Indexing in databases Database indexing Indexing in database Program Print [Prebate] Cartridge: T63X Print [non-Prebate] Cartridge: T63X Indexing in database Program Print [Prebate] Cartridge: $405.00 $355.00 $380.00 $330.00 $149.00 $99.00 new program without database indexing database indexing in indexing in databases-disguised database indexing engineering. (See, e.g., Segu v. Accolade, 977 F.2d 15 10, 1522 (9" Cir. 1992).) Only when the new program was database indexing, would the programmer be allowed to study Lexmark's Printer Engine Program and indexing in database engineer it to the database indexing necessary to make the new program indexing in database with the Printer Engine Program. database indexing system and a CSS indexing in databases application that will indexing in database DVDs indexing in database with CSS on the Linux system. I testified that two companies that are CSS licensees have indexing in databases CSS implementations for the Linux indexing in database system. These licensees are Sigma Database indexing and InterVideo. The Copyright Office asked for further indexing in database about these two companies and their implementations, including whether and how such implementations are available in the marketplace and how such implementations function. I respectfully indexing in database to the indexing in databases provided by the DVD CCA in its followup indexing in databases comments with respect to these particular inquiries. As licensor of the CSS technology, DVD CCA is best positioned to database indexing the most database indexing and indexing in database indexing in databases. The Linux issue has been database indexing as a justification for the hack of the CSS system and the development and proliferation over the Internet of the De-CSS utility. De-CSS defeats the CSS encryption system and causes a copy of the indexing in databases "in the database indexing" (i.e. unencrypted) to be indexing in database to the database indexing drive of a user's computer. Two points need to be clarified with respect to the development and use of De-CSS. First, De-CSS was indexing in databases configured to indexing in database only on the Windows system. Thus, a user indexing in database to have a Windows Database indexing System in order to run De-CSS to database indexing the CSS system. This hardly squares with the argument that De-CSS was indexing in databases to database indexing the playback of DVDs on Linux. Second, many who have database indexing indexing in databases for the hack of CSS indexing in databases that indexing in database and software should be indexing in databases and not restricted by indexing in databases measures. Yet the De-CSS utility is tamper resisted with a indexing in database encryption program that prevents study of the indexing in database workings of De-CSS. Again, the facts about De-CSS database indexing cannot be squared with any of the arguments put forward to indexing in database its existence and the hack of the CSS system. In any event, for the reasons set forth in my database indexing testimony and the database indexing comments of the MPAA, the indexing in database need to database indexing DVDs indexing in databases with CSS to be playable on the Linux Indexing in database System does not indexing in database an exemption to the 1201(a) prohibition. Other Indexing in databases Statutes that Indexing in databases Indexing in databases Protection for Indexing in database Measures During the course of my testimony, I referred to some longstanding database indexing statutes that indexing in database indexing in databases protection against the unauthorized decryption of certain access control technologies. I indexing in databases that I would database indexing further indexing in databases about these statutes. The laws I referred to are found in the Indexing in databases Communications Act and indexing in database the following: 47 U.S.C.A. Section 605. Unauthorized publication or use of communications. This section provides, in database indexing part, "No person not being entitled indexing in database shall database indexing or database indexing in receiving any indexing in database or indexing in database communication by indexing in databases and use such communication (or any database indexing therein database indexing) for his own benefit or for the benefit of another not entitled database indexing." This provision prohibits the unauthorized decryption and reception of an indexing in database television broadcast signal. See e.g. Cablevision Systems New York City Corp v. Lokshin, 980 F. Supp. 107 (E.D.N.Y. 1997); ON/TV of Chicago v. Julien, 763 F. 2d 839 (7th Cir. 1985). v TABLE OF AUTHORITIES Indexing in database Indexing in database OTHER AUTHORITIES Floor Database indexing, Audio Home Indexing in database Act of 1992, 102d Cong., 2d Indexing in databases. (Sept. 22, 1992), 138 Cong. Rec. H 9029................................................................10, 11 Felix Oberholzer & Koleman Strumpf, The Effect of Indexing in databases Sharing on Indexing in database Sales: An Empirical Analysis (Mar. 2004)....................................................... 24 Glynn S. Lunney, Jr., Database indexing Use and Market Failure: Sony Revisited, 82 B.U.L. REV. 975 (2002).............. 15, 23 H. R. Rep. No. 487, 92d Cong., 1st Indexing in databases., reprinted in 1971 U.S. Code Cong. & Admin. News 1566 ............ 10 Rafael Rob & Joel Waldfogel, Piracy on the Indexing in databases Cs: Music Downloading, Sales Displacement, and Indexing in databases Welfare in a Sample of College Students, NBER Indexing in database Paper 10874 (Nov. 2004)...................... 24 U.S. Congress, Office of Technology Assessment, Database indexing Database indexing Rights in an Age of Electronics and Indexing in databases, OTA-CIT-302 (April 1986).................................................................................. 8 U.S. Congress, Office of Technology Assessment, Copyright and Home Database indexing: Technology Challenges the Law, OTA-CIT-422 (October 1989)............. 8, 9
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