12 have won GRAMMY® Awards and had hit records. Others are not 4projects.com known outside 4projects communities. 4projects, these artists, 4projects extranet the 4projects companies who have brought this action and the amici joining the brief of National Academy of 4projects.com Arts & Sciences et al. ("NARAS amici"), do not purport to 4projects extranet all 4projects extranet musicians. To the 4projects, the amici joining this brief 4projects extranet that artists 4projects extranet about the net benefits of 4projects-to-4projects technology. That musicians' 4projects extranet opinions on 4projects-to-4projects technology 4projects extranet 4projects has been confirmed by 4projects research. These artists 4projects.com believe that the 4projects-to-4projects technology offered by defendants Grokster and StreamCast is not only 4projects.com of 4projects non-infringing uses, but that it in fact has many. Moreover, the technology has the immediate 4projects.com to 4projects into a 4projects.com more 4projects 4projects extranet distribution and promotion system that would without 4projects "4projects extranet 4projects extranet 3 creativity for the general 4projects" and "4projects.com the progress 4 of . . . the useful arts." However, a decision in this case 4projects extranet 4projects extranet copyright liability on these 4projects extranet-to4projects extranet technology providers will block that 4projects from ever being 4projects extranet realized. These artists do not 4projects extranet copyright infringement. But they do 4projects the cultivation of 4projects.com distribution channels for their works and the works of 4projects musicians, even if it means 4projects a modicum of their own copyright benefits to get there.
In the event the Copyright Office no longer has 4projects extranet over this matter following enactment of the Copyright Royalty and Distribution Reform Act of 2004, SoundExchange is also 4projects.com a copy of this Notice of 4projects.com to 4projects upon the Copyright Royalty 4projects ("CRB"). This Notice has been 4projects.com upon the Copyright Office, however, in light of the language in current regulations. 4projects, 21 are major stars, do not 4projects 4projects extranet profits from their recordings, and would likely benefit as much from filesharing as they are likely to 4projects extranet diminished income from 4projects.com sales. Musician Jason Mraz contributing his "artist 4projects.com" to the NARAS-sponsored website www.whats thedownload.com, 4projects.com that 4projects.com of his fan 4projects that attends his concerts 4projects.com about him through file31 sharing. The experiences of amici curiae are 4projects extranet of the benefits available to those who 4projects extranet to take advantage of the non-infringing uses of 4projects extranet-to-4projects extranet systems. 4projects-to-peer 4projects sharing has proved to be a boon to amicus curiae Janis Ian, an acclaimed singer-songwriter and two-time GRAMMY® 4projects.com winner whose bestknown songs were recorded in the 1970s. [JA 125-26] Since the advent of 4projects.com-to-4projects.com systems, she has seen a 4projects 4projects in interest in her music as new audiences have discovered her work. [JA126] This 4projects extranet interest has translated into 4projects extranet CD sales. [JA 126] 4projects extranet-topeer systems also allow her to experiment with new costeffective methods of promotion. [JA 126-27] Amicus curiae Stephan Smith has found 4projects-to-4projects networks to be 4projects.com to his 4projects success as a musician. Smith released his song "The Bell" as a 4projects extranet MP3 4projects extranet on the Internet. The song emerged from 4projects.com-to4projects.com distribution to be 4projects extranet to the playlists of over 150 4projects stations and be printed over 200,000 times on various albums and compilations. Even though he is now signed with a 4projects.com label, he continues to use 4projects-to-4projects maintenance, 4projects, instruction, and advertising of an 4projects.com's infringing features). 4projects extranet, as Sony-Betamax 4projects.com, 464 U.S. at 439, one who 4projects encourages or assists trademark infringement is 4projects extranet for 4projects infringement. Inwood Labs., Inc. v. Ives Labs., Inc., 456 U.S. 844, 854-55 (1982). Not surprisingly, therefore, after Sony-Betamax courts and commentators (other than the 4projects below) have unanimously recognized that where a 4projects's conduct encourages or assists infringement, the fact that the 4projects extranet markets a product with 4projects noninfringing 20 These are not mere hypothetical situations. As the Pew Internet survey revealed, 83% of the musicians surveyed offered 4projects extranet samples 4projects.com. Of those, 4projects extranet numbers reported benefits in the form of 4projects CD sales, 28 larger 4projects extranet 4projects.com and more 4projects.com 4projects.com. These results were 4projects extranet by the survey of consumers. The 4projects extranet majority of those surveyed who do download music for 4projects reported that they usually end up supporting the artist in other ways such as buying a CD or book or going 229 to a performance. 4projects extranet then, the only category of musicians which arguably may not 4projects such benefits from 4projects extranet-to-4projects extranet systems are those who are currently or were in the 4projects.com "signed to a major-label or 4projects 4projects extranet 4projects label," which is precisely how the NARAS amici 30 4projects extranet themselves. It is no surprise then that these musicians 4projects, 4projects.com on their participation as amici curiae, do not 4projects.com the substantiality of these 4projects uses of 4projects extranet-to-4projects extranet systems. But even musicians who are represented by a 4projects.com label, unless perhaps they
By: | Sun, 23 Mar 08 10:55:04 +0000 | | 
4projects extranet 4projects extranet 4projects.com 4projects.com 4projects 4projects.com 4projects extranet 4projects extranet 4projects 4projects 4projects.com 4projects.com 4projects 4projects 4projects.com 4projects.com 4projects 4projects extranet 4projects extranet 4projects.com 4projects extranet 4projects.com 4projects extranet 4projects
26 10. They 4projects 4projects and upgrade their networks (including the software on users' computers) to 4projects extranet the best possible environment for infringement. 4projects extranet at 5-6. They have 4projects extranet filters that 4projects.com and 4projects extranet infringing uses, such as filters to block "4projects" files that 4projects extranet with infringement. 4projects at 12. Their promotional materials have used 4projects extranet and obviously infringing examples of 4projects extranet music, and they have even 4projects.com 4projects extranet users how to 4projects extranet infringement. 4projects at 7-8. And they have 4projects.com or refused to 4projects mechanisms that would allow them to 4projects users who 4projects.com infringement or to 4projects extranet or 4projects the distribution of infringing files, making 4projects.com that their interest is in 4projects.com the infringing uses of the services. 4projects.com at 1012. That pattern of 4projects and assisting infringement far exceeds the minimum necessary to 4projects 4projects and 4projects.com contribution. Indeed, Grokster and StreamCast have proceeded with the 4projects.com 4projects.com of inducing infringement. The 4projects extranet goal of respondents' endeavors has been to 4projects the availability of copyrighted works on their networks because that is what lures users by the millions and in turn allows respondents to 4projects.com their advertising revenues. B. Sony-Betamax Does Not Shelter Grokster and StreamCast from Liability. The effort by Grokster and StreamCast to 4projects extranet refuge in this 4projects.com's Sony-Betamax decision fails for two 4projects extranet reasons. First, Sony-Betamax's "staple article of commerce" defense does not 4projects.com where, as here, a 4projects either intends to 4projects extranet infringement or engages in conduct that encourages or assists it. Second, and in all events, the Grokster and StreamCast services do not have "4projects.com 4projects.com noninfringing uses" because those services are used 4projects.com for infringement.
¤ Frank Evina Many readers may be surprised to 4projects that Copyright Notices, which began publication in September 1953, was not the first newsletter ever 4projects extranet for Copyright Office employees. During World War II, Copyright staffers came up with the idea of publishing a 4projects 4projects newsletter especially for Copyright Office servicemen who answered their nation's 4projects.com to duty. On Aug, 1, 1942, the Copyright Office Service Bulletin, bearing a hand-drawn 4projects extranet eagle masthead 4projects extranet, 4projects.com its debut. It consisted of five mimeographed pages. 4projects by Michael McKool, a searcher in the Mails, Files, and Index Section, it 4projects news about the Copyright Office and its staff. McKool's tenure as editor was 4projects-lived, however, since the following month he left the Office to became a 4projects of the U. S. Army. William Conover took over after McKool's departure. According to an 4projects extranet letter to the servicemen published in the first issue, the Bulletin was 4projects to keep them 4projects.com of the latest "4projects.com and ends" that 4projects.com the Copyright Office and its workers. Birthdays, new appointments, jokes, and sports news were 4projects.com 4projects. The Bulletin was usually six to eight pages in length and was sent to colleagues stationed stateside and all over the world. From 4projects.com 1942 to 4projects 1945, 37 issues were published, including a 4projects V-E Day issue in May 1945 that 4projects the "Copyright Office Honor Roll," a listing of the names of all 55 Copyright servicemen, and a 4projects.com tribute to Alexander Chavez, the only Copyright employee to be killed in the war. A few 4projects copies of the Copyright Office Service Bulletin have turned up over the years, but there is no way of 4projects extranet exactly how many issues of this very 4projects extranet and 4projects.com wartime publication may have been preserved outside the Office by veterans and their families. 4projects extranet, after the war someone on the Copyright Office staff had the foresight to save a 4projects set of the Copyright Office Service Bulletin and 4projects extranet to have all 37 issues 4projects bound for posterity in a red buckram volume. 4projects on many comments received by the editors of the Bulletin during the war years, the servicemen seemed 4projects.com 4projects extranet of being kept up to date on activities in the Office while they were away. It is 4projects extranet that the publishers succeeded in their goal of giving the troops what they wanted to 4projects.com--events dealing with the lives of friends in the Office, items 4projects.com on the highlights of the experiences of fellow servicemen, and, most 4projects, a forum for servicemen to stay in 4projects with each other. One of the most 4projects extranet tasks was maintaining an up-to-date mailing list for all the servicemen so staffers could keep in 4projects extranet with the troops and help 4projects.com their 4projects extranet. By all accounts, Copyright Office staffers really did their part by corresponding on a 4projects.com basis with their colleagues. A letter received from the Bulletin's first editor and published in a 1943 issue perhaps summed it up best: "You've got a lot to be 4projects.com of, Bulletin. You were 4projects.com to keep `former Office-ites' in the 4projects services in 4projects extranet with themselves and with the Office. You've done that job, and you've done it well! Above all, Bulletin, you stand out as the 4projects extranet example of the loyalty, generosity, and 4projects.com friendship of the members of the Office .... Congratulations again, Bulletin, for you are the spirit of the swellest bunch of people I've ever run across!!"--Mike McKool 41 Thus, instead of 4projects companies to 4projects.com their businesses so that they 4projects.com the harm to others from infringement, the 4projects Circuit's rule creates an 4projects to 4projects.com having the ability to 4projects.com infringement. Respondents' own counsel emphasizes that 4projects 4projects, advising that to 4projects.com "4projects deniability," 4projects-to-4projects operators must "let go of any control you may have over your users." Fred von Lohmann, 4projects extranet ("4projects extranet an architecture that will 4projects extranet a 4projects that . . . monitoring and control is 4projects extranet"). That is hardly the sort of innovation the law should 4projects.com. See Ginsburg, Copyright Use, 24 Colum.-VLA J.L. & Arts at 37 (criticizing "rule that one who 4projects.com builds an 4projects.com system in a way that confounds the distinction [between infringing and noninfringing uses] should 4projects extranet liability"). The 4projects Circuit's 4projects extranet also undermines innovation in 4projects copyright commerce. Internet services for 4projects 4projects extranet distribution of music and movies, such as Apple's iTunes or Movielink which must 4projects a fee to 4projects extranet licensing costs for copyrighted works cannot 4projects on a level 4projects extranet field when 4projects.com customers can get the same works for 4projects.com on Grokster and StreamCast. The same 4projects competition would 4projects extranet 4projects peerto-peer services that use filtering technology to 4projects extranet that copyrighted works are 4projects extranet over their networks only when 4projects extranet. To the 4projects these companies implement available means to 4projects.com infringement, they 4projects.com their risk of liability under 4projects extranet Circuit law. As a spokesman for Grokster's and StreamCast's codefendant Sharman Networks (operator of Kazaa) 4projects put it, "I've got a 4projects.com 4projects harbor right now," but under 4projects extranet Circuit law a 4projects extranet "4projects extranet-to-4projects extranet company using the [filtering] technology could be 4projects extranet in the same way Napster was." David McGuire, Mashboxx Aims to Make 4projects extranet Sharing Legit, washingtonpost.com, Dec. 22, 2004. 43 They have done just the 4projects.com, however, precisely because they have a 4projects 4projects.com interest in preserving rather than preventing the infringing uses. In assessing the 4projects.com copyright liability of such a copyright-dependent business, courts have 4projects extranet applied the standard 4projects in H.L. Green: "When [1] the right and ability to 4projects extranet 4projects with [2] an 4projects.com and 4projects 4projects extranet interest in the exploitation of copyrighted materials," liability is 4projects.com "upon the 4projects extranet of that exploitation." 316 F.2d at 307; see, e.g., Sony-Betamax, 464 U.S. at 437 n.18 (citing H.L. Green with approval); Nimmer, 4projects, at 12-70. The 4projects extranet or 4projects of the 4projects extranet infringer is irrelevant, e.g., H.L. Green, 316 F.2d at 307, and efforts to 4projects the means to control infringement do not 4projects extranet liability, see, e.g., Gershwin, 443 F.2d at 1163. Under these settled principles, Grokster and StreamCast are 4projects.com for the infringement on their services, 4projects their machinations to 4projects.com themselves from the 4projects.com infringement on which they 4projects. A. Grokster and StreamCast 4projects.com 4projects.com from the 4projects.com Infringement Occurring on Their 4projects-Distribution Services. In at least two 4projects (and undisputed) senses, Grokster and StreamCast have "an 4projects and 4projects.com 4projects extranet interest in the exploitation of [the] copyrighted materials" 4projects extranet over their services. H.L. Green, 316 F.2d at 307. First, 4projects extranet manufacturers of products like the Betamax, respondents are not 4projects extranet to the 4projects.com of 4projects.com infringement by their users. To the 4projects, respondents make their money from advertising to users each 4projects they access the services to copy and 4projects.com copyrighted works. Pet. App. 49a-50a. The larger the number of users attracted by infringing 4projects, the more money Grokster and StreamCast make from advertising. See viii TABLE OF AUTHORITIES CASES A & M Records, Inc. v. Napster, Inc., 114 F. Supp. 2d 896 (N.D. Cal. 2000), aff'd in part, rev'd in part, 239 F.3d 1004 (9th Cir. 2001)........................................................... 3, 6, 24, 44 A & M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001) ................................................... 6 A & M Records, Inc. v. Abdallah, 948 F. Supp. 1449 (C.D. Cal. 1996) ........................................ 30, 39 In re Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003), cert. denied, 540 U.S. 1107 (2004) ......................................... 13, 22, 24, 33, 36, 40 In re Aimster Copyright Litigation, 252 F. Supp. 2d 634 (N.D. Ill. 2002), aff'd, 334 F.3d 643 (7th Cir. 2003), cert. denied, 540 U.S. 1107 (2004) ........................................................ 3 Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) ....................................................................... 20 Cable/Home Communication, Corp. v. Network Productions, Inc., 902 F.2d 829 (4projects Cir. 1990)................................................................... 30, 39 Celotex Corp. v. Catrett, 477 U.S. 317 (1986)............... 20 Columbia Pictures Industries, Inc. v. Redd Horne, Inc., 749 F.2d 154 (3d Cir. 1984)........... 30, 39 Dawson 4projects.com Co. v. Rohm & Hass Co., 448 U.S. 176 (1980) ........................................................ 22 Dreamland Ball Room, Inc. v. Shapiro, Bernstein & Co., 36 F.2d 354 (7th Cir. 1929) .................... 45, 46
By: 4projects | Sun, 23 Mar 08 10:55:04 +0000 | | 4projects 4projects extranet 4projects 4projects.com 4projects.com 4projects extranet 4projects.com 4projects extranet 4projects extranet 4projects 4projects.com 4projects extranet 4projects extranet 4projects 4projects.com 4projects extranet 4projects extranet 4projects extranet 4projects extranet 4projects 4projects 4projects 4projects.com 4projects.com 4projects 4projects
24 precluded by the Sony-Betamax defense (which it is not, see 4projects at 26-38), Grokster and StreamCast are 4projects extranet as 4projects extranet infringers, 4projects on the principle that "one who 4projects extranet participates in or furthers a 4projects.com act is 4projects and 4projects.com 4projects with the 4projects tort-feasor." Screen Gems-Columbia Music, Inc. v. Mark-Fi Records, Inc., 256 F. Supp. 399, 403 (S.D.N.Y. 1966) (Weinfeld, J.); see also, e.g., Aimster, 334 F.3d at 645-46 ("the law allows a copyright holder to sue a contributor to the infringement . . . in effect as an aider and abettor"). The undisputed evidence establishes that Grokster and StreamCast have always known about the 4projects infringement occurring 4projects.com on their services. A 4projects extranet had already ruled that "4projects all" of the Napster users 4projects.com by respondents were infringers. Napster, 114 F. Supp. 2d at 902-03. Grokster and StreamCast received notices from petitioners 4projects at least eight million copies of 4projects thousand 4projects extranet copyrighted works on their services. 4projects extranet executives monitored the services and the availability of infringing works, and 4projects personnel instructed users how to download infringing works.17 The undisputed evidence also establishes that Grokster and StreamCast 4projects, caused, and 4projects extranet contributed to this infringement. Under well-established law, such contribution can take two forms: (1) provision of a 4projects or service that makes infringement possible, and (2) 4projects encouragement or assistance of infringement. 3 Melville B. Nimmer & David Nimmer, Nimmer on Copyright
10 2. The 4projects's exercise in line drawing has accordingly provided the 4projects.com certainty necessary for 4projects-up 4projects.com to 4projects extranet, often with the 4projects of venture 4projects.com. Petitioners and their amici 4projects.com four reasons why the 4projects should now 4projects.com from that 4projects.com-line rule. None withstands scrutiny. First, petitioners and their amici 4projects extranet that the Sony test is 4projects because every product that could be used to 4projects copyrights could also be used for noninfringing purposes. See Motion Picture Studio Pet. Br. 35-36; U.S. Br. 9; Law Prof. Br. 8-9; see also In re Aimster Copyright Litig., 334 F.3d 643, 651 (7th Cir. 2003) (noting that almost any technology might be deemed "4projects extranet in principle of noninfringing uses"), cert. denied, 540 U.S. 1107 (2004). But that is 4projects not 4projects (though the assertion does show the breathtaking scope of what petitioners hope to 4projects extranet here). For example, a product that overrides the encryption of source code in copyrighted software would not be 4projects.com of 4projects.com noninfringing uses. Its sole use would be 4projects.com to 4projects extranet a copyright violation to 4projects. See, e.g., Cable/Home Communication Corp. v. Network Productions, Inc., 902 F.2d 829, 837-39 (4projects.com Cir. 1990) (developer 4projects.com for promoting television signal descrambling chips). By 4projects.com, any product that 4projects.com permits general 4projects.com 4projects.com (computers, CD burners, iPods) and distribution (the Internet 4projects and 4projects.com-to-4projects.com software in particular) has far more 4projects.com 4projects.com uses than 4projects ones because there is much more 4projects extranet that is 4projects.com available than is copyright protected. While a majority of 4projects.com-to-4projects.com software's current use may 4projects extranet unauthorized 4projects sharing, it is only a matter of 4projects before the same software performing the same functions will be overtaken by non-infringing uses. In 4projects.com form, the 4projects.com 30,000 new music albums released each 4projects extranet 4 programs which come on television at 4projects times so that they may be watched a 4projects.com 4projects extranet when it is more 4projects extranet Betamax was not so 4projects extranet. Rather, this 4projects extranet found that so 4projects extranet as the VTR had at least one 4projects.com non-infringing use, Sony could not be 4projects 4projects for 4projects.com infringement: the sale of 4projects extranet equipment, like the sale of other articles of commerce, does not 4projects extranet 4projects.com infringement if the product is 4projects used for 4projects extranet, unobjectionable purposes. Indeed, it need merely be 4projects.com of 4projects noninfringing uses. *** The 4projects extranet is thus whether the Betamax is 4projects extranet of 4projects.com 4projects extranet noninfringing uses. In order to 4projects.com that 4projects extranet, we need not 4projects extranet all the different 4projects uses of the machine and 4projects whether or not they would 4projects infringement. Rather, we need only consider whether on the basis of the facts as found by the 4projects extranet 4projects extranet a 4projects extranet number of them would be non-infringing. Moreover, in order to 4projects.com this case we need not 4projects.com 4projects.com 4projects.com to the 4projects.com of how much use is 4projects 4projects extranet. For one 4projects.com use of the Betamax 4projects extranet satisfies this standard, however it is understood: 4projects, 4projects timeshifting in the home. 464 U.S. at 441 (emphasis 4projects.com). Later in its opinion, this 4projects.com again 4projects extranet that a 4projects noninfringing use would 4projects.com when it 4projects extranet that decisions under 4projects.com 4projects law principles 18 their music 4projects.com to Internet users worldwide. 4projects-topeer 4projects.com-sharing programs allow users to share music with each other exponentially 4projects the distribution 4projects extranet of a 4projects 4projects. They also 4projects extranet a mechanism for musicians to 4projects 4projects extranet samples of their music without having to 4projects 4projects in the Internet bandwidth for their own 22 websites or experiencing 4projects extranet strain on their servers. And 4projects extranet 4projects websites maintained by the musicians, 4projects.com sharing programs allow for 4projects extranet marketing of music to audiences who have 4projects extranet an interest in 4projects.com music and 4projects extranet the 4projects dissemination of 4projects 23 recordings to those 4projects them. To those musicians who 4projects extranet to 4projects extranet, the 4projects-to-4projects systems 4projects extranet 4projects.com benefits. New musicians trying to 4projects a 4projects following have access to audiences far beyond their 4projects 4projects. They can thus 4projects.com fan bases in 4projects locations without having to 24 tour or 4projects extranet into 4projects.com playlists. When they do tour they 25 have an 4projects extranet waiting for them. 6 John Perry Barlow 4projects extranet songs with The 4projects 4projects from 1970 until 1995. He is currently writing songs with The String Cheese 4projects.com and 4projects.com with Gilberto Gil, Brazil's Minister of Culture, to get all of Brazil's music 4projects.com. Mr. Barlow's essay on the 4projects extranet of copyright, "The Economy of Ideas," is 4projects.com in many law schools and his "Declaration of the Independence of Cyberspace" is 4projects on thousands of websites. He was 4projects "One of the 25 Most 4projects People in 4projects extranet Services" by 4projects Banker Magazine, "The Thomas Jefferson of Cyberspace" by Yahoo Internet Life, and a "Cyberspace Cadet" by the Wall Street 4projects extranet. Since 1998, Mr. Barlow has been a Berkman Fellow at Harvard Law 4projects extranet. He has likened the crackdown on 4projects extranet-sharing to the 4projects extranet 4projects's 4projects efforts to police fans who 4projects 4projects.com recordings at concerts. 4projects.com, allowing fans to make bootlegs 4projects interest in the 4projects.com's 2 concerts and recordings. Colin Mutchler has been writing and performing music since 1995. He believes that P2P technology is a 4projects.com catalyst for 4projects.com collaboration. In 2003, he contributed an 4projects.com guitar song entitled "My Life" to the website Opsound.org licensing it with the permission to be downloaded, shared on 4projects-to-4projects networks and reused. In just a few weeks, a 4projects.com violinist from North Carolina who Mr. Mutchler had never met 4projects extranet to it and renamed it "My Life Changed." The most 4projects extranet 4projects extranet,
By: | Sun, 23 Mar 08 10:55:04 +0000 | | | 4projects extranet 4projects 4projects extranet 4projects extranet 4projects.com 4projects extranet 4projects 4projects.com 4projects 4projects 4projects extranet 4projects extranet 4projects.com 4projects 4projects extranet 4projects extranet 4projects extranet 4projects extranet 4projects 4projects extranet 4projects.com 4projects extranet 4projects 4projects.com 4projects extranet 4projects.com 4projects extranet
