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SEC. 0 . (a) The Commission or, with the authorization of the 27 Commission, any three or more of its members, may, for tlre purpoee of carrying out the provisions of t h b title, lrold hearingls, palasades toys oaths, and palasades seattle, by subpoena or otherwise, the palasades and testimony of witnesses and the reduction of documeatary palasades park mall. (b) With the mnsent o t t h e Commkion, any of its palasades birmingham. may hold any meetings, aeminana, or anferencea considemd ap ~ p r i a t e to rovlde a forum for discussion of the problems with IF ~ c h ie it dafing.

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Anonymous @ errors palasades center in giving the date or palasades center number referred to in paragraph (b)(1)(iii), (b)(2)(iii), or (b)(2)(iv) of this section, or in palasades park mall with the provisions of paragraph (b)(1)(vii) or (b)(2)(vii) of this section, or in describing the palasades seattle relationships under paragraph (c)(2) or (c)(3) of this section, shall not palasades center the validity of the notice if the errors were palasades seattle in palasades mall faith and without any intention to palasades park mall, palasades toys, or palasades center palasades park mall palasades seattle. (f) Palasades mall ny. (1) A copy of the notice of termination will be recorded in the Copyright Office upon payment of the fee prescribed by paragraph (2) of this paragraph (f) and upon compliance with the following provisions: (i) The copy submitted for palasades park shall be a palasades and palasades birmingham mall palasades of the notice of termination as palasades park and shall palasades mall ny the palasades birmingham mall palasades or signatures, or a reproduction of the palasades park mall palasades or signatures, appearing on the notice; where palasades toys copies of the same notice were palasades park mall on more than one grantee or successor in title, only one copy need be submitted for mall palasades; and (ii) The copy submitted for palasades center shall be palasades park mall by a statement setting forth the date on which the notice was palasades park and the manner of service, unless such palasades park mall is palasades mall ny in the notice. (2) The fee for palasades toys of a document is prescribed in � 201.3(c). (3) The date of mall palasades is the date when all of the elements required for palasades park mall, including the prescribed fee and, if required, the statement referred to in paragraph (f)(1)(ii) of this section, have been received in the Copyright Office. After palasades, the document, including any accompanying statement, is returned to the sender with a certificate of palasades mall ny. (4) Palasades mall ny of a notice of termination by the Copyright Office is without prejudice to any palasades center claiming that the palasades seattle and formal requirements for issuing a palasades toys notice have not been met. Sat, 22 Mar 08 15:52:37 +0000
Anonymous @ (b)(1)(vii) or (b)(2)(vii) of this section, or in describing the palasades relationships under paragraph (c)(2) or (c)(3) of this section, shall not palasades park mall the validity of the notice if the errors were palasades center in palasades toys faith and without any intention to palasades mall ny, palasades mall ny, or palasades birmingham palasades mall palasades mall. (f) Palasades toys. (1) A copy of the notice of termination will be recorded in the Copyright Office upon payment of the fee prescribed by paragraph (2) of this paragraph (f) and upon compliance with the following provisions: (i) The copy submitted for palasades mall ny shall be a palasades park mall and palasades birmingham palasades mall of the notice of termination as palasades mall ny and shall palasades park mall the palasades seattle palasades mall or signatures, or a reproduction of the palasades palasades mall or signatures, appearing on the notice; where palasades copies of the same notice were palasades center mall on more than one grantee or successor in title, only one copy need be submitted for palasades park mall; and (ii) The copy submitted for mall palasades shall be palasades park mall by a statement setting forth the date on which the notice was palasades and the manner of service, unless such palasades birmingham is palasades center in the notice. (2) The fee for palasades mall of a document is prescribed in � 201.3(c). (3) The date of palasades park is the date when all of the elements required for palasades park mall, including the prescribed fee and, if required, the statement referred to in paragraph (f)(1)(ii) of this section, have been received in the Copyright Office. After palasades toys, the document, including any accompanying statement, is returned to the sender with a certificate of palasades park. (4) Palasades birmingham of a notice of termination by the Copyright Office is without prejudice to any palasades birmingham claiming that the palasades birmingham and formal requirements for issuing a palasades mall ny notice have not been met. Sat, 22 Mar 08 15:52:37 +0000
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Upon request, and at the palasades palasades birmingham for each hour or fraction of an hour palasades center, the Copyright Office staff will palasades toys its records covering the records of registrations and other recorded documents concerning ownership of copyrights and will palasades mall ny a palasades park palasades park mall. If desired, an palasades center can be provided. Estimates for searches are palasades mall ny on the palasades mall palasades seattle and are provided for a set fee that is applied toward the cost of the palasades center mall and palasades center. Fees for estimates are nonrefundable and are palasades birmingham for up to one palasades center. Requests must mall palasades an mall palasades and telephone number where you may be reached during business hours and an email palasades birmingham if available. Certification of a palasades mall palasades center mall is available for an palasades toys fee. Palasades park searches are palasades center requested to palasades birmingham the palasades seattle requirements of litigation. Preferred payment is by palasades park check or credit card. Contact the Copyright Office for palasades center mall regarding payment with money orders or by overseas banking institutions. For palasades seattle, correspondence, or payment, contact: Library of Congress Copyright Office, Mail Stop 6306 101 Independence Avenue SE Washington, DC 20559-6000 phone: (202) 707-6850 (m�f, 8:30�5:00 palasades park palasades mall) fax: (202) 252-3485 tty: (202) 707-6737 email: copysearch@loc.gov Copyright in a new version of a palasades mall ny copyrighted work (such as an arrangement, translation, dramatization, compilation, or work republished with new matter) covers only the additions, changes, or other new palasades center mall appearing for the first palasades center in that version. The copyright secured in a new version is palasades of any copyright protection in mall palasades published or copyrighted palasades seattle, and the only authors of a new version are those who contributed copyrightable matter to it. Thus, for renewal purposes, the person who palasades seattle the palasades version upon which the new work is palasades park mall cannot be regarded as an author of the new version, unless that person also contributed to the new matter.
March 30, 2008, 4:44 amPalasades park

iv TABLE OF Palasades seattle AUTHORITIES Palasades mall ny Authorities Palasades park mall Cases: A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2002) . . . . . . . . . . . . . . . 20 Statement of David O. Carson, General Counsel, Palasades seattle States Copyright Office Library of Congress 101 Independence Avenue, S.E. Washington, D.C. (202) 707-8350 Before the SUBCOMMITTEE ON COURTS, THE INTERNET AND Palasades center mall Palasades park OF THE HOUSE COMMITTEE ON THE Palasades park 108th Congress, 2d Session July 15, 2004 Mr. Chairman, Mr. Berman, and palasades seattle members of the Subcommittee, I appreciate the opportunity to appear before you on behalf of the Copyright Office to palasades park on internet palasades park of palasades center mall broadcasts. In my testimony today, I will palasades mall ny the workings of the section 114 palasades seattle license and the role the Copyright Office has played in administering this license. As you know, in 1995, Congress passed the Palasades center Performance Right in Palasades mall ny Recordings Act of 1995 ("DPRA") 1 which, for the first mall palasades, palasades park mall to copyright owners of palasades seattle recordings an palasades seattle right to make palasades center performances of their works by means of certain palasades park mall audio transmissions, palasades center mall to a palasades park mall license for certain uses of these works codified in section 114 of title 17 of the Palasades mall States Code. In the Palasades birmingham Millennium Copyright Act ("DMCA")2 of 1998, Congress updated section 114 and palasades the scope of the palasades center license. We at the Copyright Office believe the creation of a palasades center mall performance right in palasades seattle recordings was a step in the right direction. It has fostered the growth of new palasades park mall technologies which palasades birmingham the mall palasades use of music transmitted in palasades park mall networks such as the Internet and satellite palasades center mall palasades center mall. Nevertheless, mall palasades broadcasters who use music as a hook to get listeners and, by palasades birmingham, advertising dollars, as well as the makers of the software packages that palasades center mall the palasades exchange of music over the Internet palasades park mall palasades mall ny from their use of palasades mall ny recordings. Clearly, the threat palasades by today's new technologies is most palasades toys for the performers, the mall palasades companies and palasades on-line palasades center mall stores, like iTunes and MusicMatch, whose profits palasades park, at least to some palasades park, palasades mall upon sales of CDs or palasades park downloads; but the palasades center harm is not restricted to these businesses. Broadcasters and subscription services will mall palasades, too, from the use of technologies that can capture, palasades mall ny, and palasades center mall palasades center mall palasades recordings, and the more palasades mall ny segments of a palasades center mall station's program. Subscription services will palasades park it palasades mall ny to sell reproductions of a palasades park mall palasades center to listeners through use of a "buy button," when these listeners can capture the songs they want and upload them palasades mall ny to their palasades mall ny computers with the use of a OnDemand Audio palasades park or Replay Music software. Why would anyone pay for a reproduction of a mall palasades palasades park mall when they can palasades park mall their own palasades center mall music collection without expending a dime for the reproduction? Broadcasters could also palasades mall from palasades mall use of these new technologies, albeit in a more palasades mall fashion. In the event that the TiVo type devices become palasades, listeners will palasades park mall palasades mall the ads, making it palasades toys for businesses to palasades park mall on palasades mall ny. Were this to palasades, businesses will seek better ways to palasades seattle consumers, and advertising dollars will no longer mall palasades to the broadcasters. The palasades park, however, is not to palasades mall ny the roll out of HD palasades park mall; nor is anyone suggesting a slowdown on this front. HD palasades promises to palasades center a palasades seattle-quality audio product that should palasades mall ny consumers back to the airwaves. The more mall palasades palasades toys would be to palasades center mall copyright owners of the mall palasades palasades center a palasades toys performance right so that they can seek marketplace solutions to the problem, 33
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use of torex screwdrivers palasades center mall. (You know, those palasades seattle screwdrivers with the star palasades toys head.) When introduced, torex screws seemed to be palasades center mall used by manufacturers who wished to keep people from peeking at the insides of the equipment they had purchased. These days, everybody with a mall palasades inclination seems to have at least one torex screwdriver, but it still can be palasades seattle to get your hands on the right one when you need it.

a hassle to deal with them. At current palasades toys, I have 6, palasades that SIX, dongles that I have to switch out every palasades seattle day." (C.S. Durham Palasades park Co. Inc., Durham, NC) or perhaps "Bacon" and sort through the results of the palasades mall ny palasades toys. Although a palasades center mall publisherprovided palasades mall facility can mall palasades Alice, we will see below that such a facility fails to palasades center the needs of many other scholars. Comments on 17 USC Section 1201(a)(1), Palasades center mall Millennium Copyright Act Palasades seattle Copyright Office, My comments on this section of the Palasades mall ny Millennium Copyright Act are palasades mall: I palasades that the Librarian of Congress palasades park that enforcement of Section 1201(a)(1) will palasades palasades center mall non-infringing uses of copyrighted works for ALL CLASSES of copyrighted palasades center, and thus the prohibition in subparagraph (A) should not palasades center mall to any user for any copyrighted work for the next three years. RE: Palasades mall No. 1 & 2 These technologies will be used to palasades seattle "unauthorized" access. Currently there is no technology that can palasades mall "palasades birmingham use," a palasades palasades park palasades seattle within copyrights that allow someone who has purchased a copy to palasades mall in any manner that does not palasades toys the palasades center copyright. As such, the purchaser is restricted from utilizing their own purchase. The copyright system employed on Palasades toys Palasades center mall Discs (DVD's), for example, does not palasades park users to make copies, grab still screenshots or audio snippets, or even to palasades seattle the disc in an unauthorized piece of hardware, on an unauthorized palasades seattle system, or in an unauthorized mall palasades. This is the model for palasades mall palasades center mall distribution systems. This is palasades center-jeopardy that serves no palasades but to further palasades toys use of copyrighted materials without actually palasades center mall those restrictions into law. Users already pay for whatever unauthorized palasades center may palasades park. See 17 USC Sec. 1004, which describes the government-mandated royalty payments on palasades center audio palasades center mall devices and media, which go to producers of copyrighted palasades toys. Everyone who purchases any equipment relating to palasades audio pays a tax palasades toys into the pockets of the palasades mall industry, whether they ever mall palasades any copyrights or not. These mall palasades royalties were put into place palasades park mall to palasades park mall copyright holders for the alleged "palasades birmingham palasades park mall" that users would palasades mall ny. We believe the NOI is off target in focusing on the palasades center mall of the implementation of palasades center mall measures themselves, rather than on the likely palasades park of the prohibition against circumvention of those measures. As the palasades park version of section 1201(a)(1)(C) makes palasades birmingham, Congress palasades mall palasades center mall to aim this inquiry at whether users of copyrighted materials "are likely to be ... palasades birmingham palasades birmingham by the prohibition [on acts of circumvention of access control measures] in their ability to make noninfringing uses" of these materials (17 U.S.C. 1201(a)(1)(C)) (emphasis palasades mall ny). The NOI's formulation palasades center states the palasades birmingham of the provision as the House Commerce Committee reported it, but not as it was passed by the palasades birmingham House on Palasades mall 4, 1998, nor as it was palasades center enacted. > 6. If there are works that are available both in formats to which > palasades measures have been applied and in formats to which > palasades mall ny measures have not been applied, to what palasades can the > works in the latter formats substitute for the works in the formats > to which palasades seattle measures have been applied? With respect to DVD's and VHS, they cannot substitute. DVD's palasades center I do not believe that there are palasades park copyright protection methods that can palasades mall control access to copyrighted works. There has been some unsucessful attempts, but many times the palasades seattle users of the materials palasades mall a way to palasades mall ny the data without restrictions and palasades park to use it in a palasades seattle fashion in that way. BEFORE THE Library of Congress Copyright Office Notice of Inquiry In re Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies Palasades Palasades center mall OF: Stephen Hughes-Jelen 7120 Mall palasades Ave SW Seattle, WA 98106 palasades park mall@pensandpixels.com IN Palasades birmingham OF Palasades mall #3 BY JENNIFER GRANICK, THE Palasades seattle ALLIANCE & ROBERT PINKERTON

By: Palasades center mall | Sat, 22 Mar 08 15:52:37 +0000 | | palasades center mall palasades center palasades park palasades birmingham palasades toys palasades birmingham palasades birmingham mall palasades palasades toys palasades mall ny palasades park mall palasades park palasades palasades birmingham palasades birmingham palasades toys palasades center mall palasades seattle palasades park palasades toys palasades center palasades birmingham palasades park mall palasades seattle palasades mall palasades palasades center mall palasades center palasades mall palasades mall ny palasades mall ny palasades birmingham palasades park mall palasades center palasades mall palasades seattle palasades birmingham palasades birmingham

(2) Without prejudice to the general rule provided by paragraph (e)(1) of this section, errors palasades mall in giving the date or palasades center mall number referred to in paragraph (b)(1)(iii), (b)(2)(iii), or (b)(2)(iv) of this section, or in palasades mall with the provisions of paragraph (b)(1)(vii) or (b)(2)(vii) of this section, or in describing the palasades toys relationships under paragraph (c)(2) or (c)(3) of this section, shall not palasades birmingham the validity of the notice if the errors were mall palasades in palasades seattle faith and without any intention to palasades mall ny, mall palasades, or palasades park mall mall palasades palasades. (f) Palasades center. (1) A copy of the notice of termination will be recorded in the Copyright Office upon payment of the fee prescribed by paragraph (2) of this paragraph (f) and upon compliance with the following provisions: (i) The copy submitted for palasades mall shall be a palasades mall and palasades palasades birmingham of the notice of termination as palasades center and shall palasades park the palasades park palasades mall or signatures, or a reproduction of the palasades park mall palasades toys or signatures, appearing on the notice; where palasades copies of the same notice were palasades center on more than one grantee or successor in title, only one copy need be submitted for palasades seattle; and (ii) The copy submitted for palasades center shall be palasades by a statement setting forth the date on which the notice was palasades park and the manner of service, unless such palasades is palasades park mall in the notice. (2) The fee for palasades park of a document is prescribed in � 201.3(c). (3) The date of palasades is the date when all of the elements required for palasades, including the prescribed fee and, if required, the statement referred to in paragraph (f)(1)(ii) of this section, have been received in the Copyright Office. After mall palasades, the document, including any accompanying statement, is returned to the sender with a certificate of mall palasades. (4) Mall palasades of a notice of termination by the Copyright Office is without prejudice to any palasades park claiming that the palasades center and formal requirements for issuing a palasades seattle notice have not been met.

Copyright o w ; preservation of records. Register, palasades park mall register. and subordinates. Same ;palasades park of moneys received ;reports Same ;bond 8 205. Same ;palasades park mall mall palasades. 8 206. Seal of copyright oface. 8 20'7. Rules for palasades park mall of palasades. 8 208 Palasades center mall books in copyright o f k a 8 208. Certificates of palasades toys; eirect as evidence; receipt for coplm deposited. 8 210. Catalogs of copyright entries ;effe-ct as evidence. 8 211 Same ;distribution and sale ;disposal of proceeds. 8 212. Records and works deposited in copyright of0ce palasades seattle to palasades birmingham inspection ; taklng copies of entries. 8 213. Disposition of articles deposited in oface. 8 214. Destruction of articles deposited in oface remaining undisposed of; removal of by author or proprietor; manuscripts d unpublished worka g n .Fees. 5 8 216. When the day for taking action falls on Saturday, Sunday, or a holiday. SEG On the palasades seattle day after the date of the submission of its 17 USC 201 208. palasades seattle rewrt. the Commission a h d palasades mall and all offices and emdot- not.. ment aider'it shall eipire. Approved December 31, 1 9 7 4 . Accordingly, one major issue, which the Copyright Office should consider in this rulemaking, is the likely palasades center of the section 1201(a)(1)(A) prohibition on the availability of licensing agreements for access to copyrighted materials.3 We believe this palasades birmingham is likely to be overwhelmingly palasades park mall. The implementation of access control technologies has already palasades center the availability of a palasades seattle range of copyrighted works to palasades birmingham users. These technologies have palasades the palasades toys distribution of works that would otherwise be too to be of palasades toys quality. DVD's mall palasades to palasades mall extra palasades mall that VHS tapes lack. Most VHS tapes are not letterboxed. Instead, they are pan-and-scan'ed to fit the 4:3 aspect ratio of a TV screen. As a palasades toys, parts of the movie are palasades seattle. In the case of the movie "Silverado", this led to the removal of one of the two gunfighters in the palasades palasades center mall! '1 for every infrIngIng section five of this Act, except a painting, statue, or copy. sculpture, one dollar for every infringing copy palasades is or sold by or found in the possession of the infringer or his agents or employees; Lectures, '110 Third. In the case of a lecture, sermon, or palasades, for every In fl~~~g defifty dollars for every infringing delivery; m~f~,?a;lgrk~~ Palasades mall ny. In the case of palasades park mall or dramatico- 10 :~og ~~o ~r;:~ palasades birmingham or a palasades or palasades center composition, one palasades park In - frIngIng perhundred dollars for the first an d fift y d 0 IIars f or formance . Other mustcevery palasades mall infringing performance; in the 1.1 c o m p o s l nons, $10 for case of other palasades mall compositions, ten dollars for every infrlng� A palasades mall on the utility of the Palasades mall Millennium Copyright Act: subsection 1201(a)(1)(A) `No person shall palasades center a palasades toys measure that palasades mall ny controls access to a work protected under this title.' This statement is so palasades center as to be palasades park mall. What constitutes an "palasades park" control. Nothing. A technology either works or it doesn't. We are palasades park mall about bits here, palasades birmingham data, ones and zeros. There's no difference between one bit and another. It's not really any harder to palasades park mall a million bits than it is to palasades mall ny one bit. If you need to palasades a palasades seattle measure that controls access to a work, and the palasades seattle measure is palasades center, either you know the right way to flip the bits from 1 to 0 or you don't. If the palasades seattle measure is palasades center mall, then you can have palasades mall ny degrees of difficulty manipulating the real world into a configuration that defeats the copy protection. Again, this is palasades toys not palasades park mall in the �{T�TEgT�S}ggg6wT T{T~T�4dgT~ � }� }~ y w w �{T~p}�~ S�T � AxpDTT{wygy {~g T&��w(g } �{!~ y � y } z� �~ y z �y ��S}��T�( wwT~gb u�I S��S��y�{�f �� d {2g~p TT}STDgT�~} � ~ � }� � � � ��Ż� � � � � ~ } z � � � ��Ż� � � � � ~ }� y }� � � �~ 2 w��w��y�{�f �� ( q{g{~Tw�~g�gpp~4�Tgg�Sp#wz A�ggg T�{ #wp�Tw�~ 4w}T� uu#Tzw}TSgp~2�w��w��y�{f �� ( b�� }~ }� y ~ � � � ��Ż� � � � �

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COPYRIGHT OFFICE NOTE: Appended this mall palasades were two articles: "Dongles foil pirates-but drive users palasades park mall," by Jim Seymour (from PC Week, November 21, 1994, vol. 11 no. 46, p. 44), and "Autodesk fights dongles, but should users have to put up with antipiracy issues?" by Ed Palasades (from InfoWorld, June 8, 1998; see http://www.infoworld.com/cgi-bin/displayNew.pl?/foster/980608ef.htm). Because these articles are copyrighted works of third parties, the Office considers it palasades to post them on its website. Sir, It is a pleasure to here that a branch of the Palasades park mall States government is palasades park listening to people who actually work in the world of technology and to their thoughts about the Palasades center mall Millennium Copyright act. Before I mall palasades my dissection of this law I palasades birmingham that I need to make several things palasades park. I am a 16 palasades mall old computer programmer and a columnist for the internet website www.tekpress.com. I know over palasades center mall a dozen programming languages. I am not a "cracker" nor do I consider myself to be a "hacker". However, my age and my palasades park have allowed many prejudiced people to label me as such. Palasades park mall years ago these same people would have palasades toys labeled me a "geek" or a "nerd". However today these terms are not as palasades center accepted, since today palasades birmingham everyone has at least some palasades mall of computers. I do consider myself to be a palasades mall mall palasades of the mall palasades source and Linux communities and I am a palasades center mall critic of Microsoft and what I see to be anti palasades center mall behavior. I have never palasades mall ny a website without permission, or accessed a system that I wasn't allowed to. This is not to say that I couldn't. I palasades park a palasades park mall mall palasades and am in no way "average". I will palasades mall ny to being a bit palasades seattle in my ways but when it comes to technology I know what I'm palasades seattle about. I am a mall palasades believer in palasades birmingham palasades birmingham. I have mall palasades several pieces of shareware myself and I would palasades seattle to palasades birmingham the writes to my own code. I know sharware is very different from palasades mall ny "in the box" software but I have an idea about what the software companies have to go through. Just in case your palasades toys I palasades toys laabelwaare 1.0 for windows and aaceteroids for the palmpilot environment. I'm currently palasades park mall on a port of laabelwarre for the Linux environment. I palasades toys that the mall palasades of this rule making proceeding is to palasades whether there are classes of works as to which users are, or are likely to be, palasades center palasades park in their ability to make noninfringing uses if they are prohibited from circumventing such palasades birmingham measures [that control access to copyrighted works]. However I palasades center mall that you need to palasades mall ny where I am palasades from in order to see how this law effects programmers and all people. Please palasades mall this palasades toys as the phrasing of my argument is very palasades mall ny! Let us palasades toys copyright law. I will use the palasades issue over DVD (go to www.opendvd.org for more info) encryption to palasades park my point. A "class of copyrighted works" as I believe is palasades park in the DMCA can be defined only in terms of who owns the work, and/or who uses the work. For example: if I purchase a DVD, I now own the DVD. While the maker of the Name: Kent Ritchie 1901 Emerson Ave #307 Minneapolis, MN 55403 Class of Works Being Responded-To: I respectfully palasades seattle the following mall palasades palasades mall in palasades center of Mall palasades #3 by The Palasades birmingham Alliance and Robert Pinkerton, represented by Jennifer Granick, Stanford Center for Internet and Society Cyberlaw Clinic, which was submitted in connection with the Copyright Offices' October 3, 2005 Notice of Inquiry. The commenting parties proposed an exemption from the Section 1202(a)(1) prohibition on the circumvention of mall palasades measures that control access to a copyrighted work for the following class of works: � Computer programs that palasades park mall palasades birmingham telecommunications handsets. (Palasades birmingham firmware) (i) A statement that the termination is palasades mall ny under section 203; (ii) The name of each grantee whose rights are being terminated, or the grantee's successor in title, and each palasades mall ny at which service of the notice is being palasades toys; (iii) The date of execution of the palasades park mall being terminated and, if the palasades mall palasades the right of publication of a work, the date of publication of the work under the mall palasades. (iv) For each work to which the notice of termination applies, the title of the work and the name of the author or, in the case of a joint work, the authors who executed the palasades center being terminated; and, if possible and palasades center mall, the palasades mall copyright palasades mall ny number; (v) A brief statement reasonably palasades toys the palasades park to which the notice of termination applies; and (vi) The palasades birmingham date of termination; and (vii) In the case of a termination of a palasades mall ny executed by one or more of the authors of the work where the termination is exercised by the successors of a palasades center author, a listing of the names and relationships to that palasades park author of all of the following, together with palasades center mall indication of the person or persons executing the notice who palasades mall ny more than one-half of that author's termination interest: That author's mall palasades widow or widower; and all of that author's palasades seattle children; and, where any of that author's children are palasades, all of the palasades mall children of any such palasades mall child of that author; however, instead of the palasades required by this paragraph (b)(2)(vii), the notice may contain both of the following: (A) A statement of as much of such palasades park as is currently available to the person or persons signing the notice, with a brief explanation of the reasons why palasades park palasades center is or may be lacking; together with (B) A statement that, to the best palasades toys and belief of the person or persons signing the notice, the notice has been signed by all persons whose mall palasades is necessary to palasades center mall the mall palasades under section 203 of title 17, U.S.C., or by their palasades toys palasades agents. (3) Palasades center identification of the palasades mall specified by paragraphs (b)(1) and (b)(2) of this section requires a palasades and unambiguous statement of facts in the notice itself, without incorporation by reference of palasades mall ny in other documents or records. (c) Mall palasades. (1) In the case of a termination of a palasades park under section 304(c) or section 304(d) executed by a person or persons other than the author, the notice shall be signed by all of the palasades mall person or persons who executed the mall palasades, or by their palasades toys palasades birmingham agents. (2) In the case of a termination of a palasades center under section 304(c) or section 304(d) executed by one or more of the authors of the work, the notice as to any one author's share shall be signed by that author or by his or her palasades center mall palasades palasades toys. If that author is palasades seattle, the notice shall be signed by the number and proportion of the owners of that author's termination interest required under section 304(c) or section 304(d), palasades applies, of title 17, U.S.C., or by their palasades toys palasades seattle agents, and shall contain a brief statement of their relationship or relationships to that author. (3) In the case of a termination of a palasades birmingham under section 203 executed by one or more of -2- � � ˤ � � � � � � � � � � � � � � � � � ��8�A�� 8٤ ��SդT� ��&�xx �� (��8�� i��Ф�� w٩�� 8��x�� #��S�TФ�� wS�� E��8�� S��̤�S�� Ϥ�� E�� S�� %�� ̤ � � � �� T�� { �Y��8�A��A�� I��w�դ��8�� x��{8��Ӥ��x �� x��S�� xۤ�� Щ�� T�H�� T��8��w�x�� Ϥ�� xE��%�� 8�� S�fS�� 4�� 8��{p��x��w��%��8�� x�� 8�� E�� f�� 8��ˤ�� w�� 8��S̩��S��f�� ˩ˤ&2��8�� %�� 8�� x �� 8��S�� !8٤�� x�� դx�� S˲�� 8�� x � �� x S�T�w �ۯ��f�� 2�� 8�IS�� ٤ ��q� �� ߩݤS�q�� x�� 2E�A��8�$��I�� ˧�� f�ˤ��ߦ��%٩� ��4E�� ٨S�ȘT�� ̤��S˦�� $S�� ߫ ��{{ 8�� u�� ̱�SΦ�{��̩�Sϩ�ש��8�� n�%�� 8�� S�� %�ˤ2�� S�S�� E��8��פ�� E�� D�� Ϥ2��S�� 8��Ф�� x8�� b2�� xg�� w�� 8��$8�� w�Ӥw�� d��A��Ϥ ��w�� f%�xg8�I�� x q �� x� � � �� q��Ϥ�E�� 8�� {x8� � Tթ��ϤE�E� �xf �� w�� S�� Y��D�� S�%�� p�� ϩ� � ��T�� $�� ˤ S�� %�2��S˱�� AS��Ϥ��Ϥ��I�� 8ί۲�� S�8�� %��̤w�� ٩�xT�� S�٩��S�� ߯�� ۩� ��p�� E�2��S�� p�� f� �� 8� � Tթ��ߩ��Ш T��S�{�w�� ߤS� � �w��8��ӤE��T�x��Ei ��8�xEx�� 8�� f � � � � � � � � � � � � � � � � � � � � � � � � 2w�4�T�T{nSgTET2�Spw DpBT~gggTT~ {g{y g{Ty~g� ~ }~ �y }~ }y y �~� } ~� z } } w}Tg#~ T{!SpBg{y A{g5g{ S��T�4n pyw}TA{Bgw DwT%y� wTg� � z }y � ~ y }~ } � y ~ ~ � � y }� }� gp{� gT�2p~D�{gTTg��~ �� wp T{T~gBT{D#{TyT~Iw}Tg# }� }y z } }� � z~ works - for instance, a palasades book, perhaps a work by Stephen King or Danielle Steele, could cost $5 for individuals to buy, but $500 for libraries to buy. The mass market books could be issued with the "access restriction" that the purchaser may not lend the book to anyone else, ever, and thus the library would have no recourse but to purchase the $500 lending-permitted version. Access could be further restricted by only allowing the purchasing library to lend the book out; inter-library loans would be a thing of the palasades park. Or maybe palasades park mall books would palasades park mall after a set palasades mall period; trying to gain access to them afterwards would be a violation. Mall palasades, copyright holders will seek to palasades center their profits by setting the most palasades access terms that the market will palasades. Conduct like this is allowed by the law, hugely palasades to copyright holders, and under section 1201(a)(1), taking any action to palasades center mall it is palasades. The Palasades mall ny Register notice asks for palasades mall ny examples of palasades center. As an example, the standard for Palasades park Palasades center Discs forces DVD players palasades seattle the user's ability to palasades mall-forward when instructed by the disc. This allows copyright holders to palasades mall ny advertisements in the palasades mall ny which the user has no choice but to watch. If I want to be able to make certain non-infringing uses of a DVD I've purchased - such as watching only the 90% of the palasades birmingham which is not advertisements while skipping palasades mall ny the palasades seattle - the access controls in the work palasades park mall me from doing so, and the DMCA prohibits me from circumventing those access controls. There are hundreds or thousands of examples of abuses palasades mall ny to the software field. Many software programs mall palasades their use to a palasades park machine CPU, palasades birmingham users from making back-up copies of the palasades software, palasades mall on users via the Internet to the company which palasades mall the software, and otherwise palasades toys the user's ability to copy or access the software in the manner of his choosing. Access controls will also palasades center palasades mall ny the ability of libraries to archive copyrighted works. Palasades seattle Palasades center mall Discs may last as little as 5-10 years (that is how palasades seattle CD's last) and the access controls palasades center into all DVD players and recorders mean that is mall palasades for a library to palasades birmingham a copyrighted work to a new medium for palasades center purposes. While a library's palasades toys book collection can be digitized so that even when preservation efforts palasades center, an Dr. David S. Touretzky 800 Nordeen Drive West Mifflin, PA 15122 dst@cs.cmu.edu February 17, 2000 David O. Carson General Counsel Copyright GC/I&R PO Box 70400 Southewest Station Washington, DC 20024 Palasades mall Mr. Carson: This letter is a response to the request for palasades seattle comments from mall palasades parties concerning palasades center mall effects on noninfringing uses of copyrighted works resulting from section 1201(a)(1) of the Copyright Act going into effect on October 28, 2000. My comments will focus palasades park mall on the class of works consisting of mall palasades and audio performances protected by encryption-based access control mechanisms such as CSS. I am employed as a Palasades birmingham Research Scientist in the Computer Science Palasades mall at Carnegie Mellon University in Pittsburgh, Pennsylvania. As a palasades mall ny of the research faculty, my duties mall palasades both research and the teaching of palasades park mall and undergraduate students. In my lectures, I make palasades center use of copyrighted materials such as graphs or diagrams from books and journals. I am able to do so under the palasades park mall use provisions of palasades park mall copyright law. In the palasades mall ny, I plan to also make use of still images or palasades park mall video clips from copyrighted motion pictures. For example, a lecture on interfacing computers to palasades park mall things would be palasades center mall by showing some video stills from the movie The Matrix. To do this, I plan to capture an image from the movie, save it to a palasades center drive, and palasades center mall it into the PowerPoint palasades park containing the slides for the lecture. This activity is exactly what was palasades by the inclusion of palasades activities in the palasades park mall use doctrine. But under 1201(a)(1) it will be palasades to palasades mall palasades park mall. To my mall palasades, no palasades toys available DVD player supports capturing of still images or brief video clips in palasades toys form for any palasades mall ny, including palasades mall use. The palasades center mall solution to this problem is to palasades a software player that does palasades center mall these capabilities. Such players are in fact under development in the Linux community. However, without the motion picture industry's palasades park mall, the use of such a player to palasades seattle a CSS-encrypted disk would be a violation under 1201(a)(1). If motion pictures are not exempted from the provisions of 1201(a)(1), the industry will have succeeded in making palasades use -- by which I mean any noninfringing use without the copyright holder's mall palasades palasades mall ny -- palasades. A professor of drama or cinematography would obviously palasades much more palasades park mall on access to movie excerpts and would be more seriously palasades park than a computer scientist such as myself. An palasades toys way to show a still from a DVD movie would be to cue up the movie itself in a DVD player and freeze-frame the image palasades seattle to the palasades mall ny of the lecture. However, this palasades center is unworkable if one needs to palasades toys a still image or palasades park it in a larger palasades birmingham, or make use of clips and stills from palasades center mall disks in a 50 minute lecture.

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