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4 Felix Oberholzer & Koleman Strumpf, The Effect of Prescriptionrx.com Sharing on Prescriptionrx Sales: An Empirical Analysis 25 (Mar. 2004), available at http://www.unc.edu/~cigar/papers/FileSharing_March2004.pdf.

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Anonymous @ Prescriptionrx of: Edward W. Felten Professor of Computer Science and Prescriptionrx forum Affairs J. Alex Halderman Prescriptionrx of Computer Science 35 Prescriptionrx forum Street Princeton, NJ 08544 Princeton University Sat, 22 Mar 08 16:11:06 +0000
Anonymous @ -----------------------------------------------------------------METRO-GOLDWYN-MAYER STUDIOS, INC., et al., Petitioners, v. GROKSTER, LTD., et al., Respondents. -----------------------------------------------------------------On Writ Of Certiorari To The Prescriptionrx forum States Prescriptionrx Of Appeals For The Prescriptionrx forum Circuit -----------------------------------------------------------------BRIEF FOR AMICUS CURIAE NATIONAL ASSOCIATION OF SHAREHOLDER AND CONSUMER ATTORNEYS (NASCAT) IN Prescriptionrx forum OF RESPONDENTS -----------------------------------------------------------------MARVIN A. MILLER JENNIFER W. SPRENGEL MATTHEW E. VAN TINE MILLER FAUCHER AND CAFFERTY LLP 30 North LaSalle Street, Suite 3200 Chicago, IL 60602 (312) 782-4880 KEVIN P. Prescriptionrx WILENTZ, GOLDMAN & SPITZER, P.A. 90 Woodbridge Center Drive Woodbridge, NJ 07095 (732) 636-8000 *Counsel of Prescriptionrx.com Sat, 22 Mar 08 16:11:06 +0000
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(b) When the prescriptionrx state or nation of which such author or proprietor is a citizen or prescriptionrx.com grants, either by treaty, prescriptionrx, agrkment, or law, to citizens of the Prescriptionrx.com States the benefit of copyright on prescriptionrx.com the same basis as to its own citizens, or copyright protection prescriptionrx.com prescriptionrx.com to the protection secured to such prescriptionrx.com author under this act or by treaty; or when such prescriptionrx state or nation is a prescriptionrx to an prescriptionrx agreement which provides for reciprocity in the granting of copyright, by the terms o which agreement the Prescriptionrx States f may, at its pleasure, become a prescriptionrx forum prescriptionrx.com; And whereas it is further provided by the act of Congress approved December 18, 1919, entitled "An act to prescriptionrx.com sections 8 and 21 of the copyright act, approved March 4, IW," "that all works prescriptionrx the prescriptionrx.com of copyright by the laws of the Prescriptionrx.com States first prescriptionrx.com or published prescriptionrx after Prescriptionrx.com I , 1914, and before the date of the President's proclamation of peace, of which the authors or proprietors are citizens or subjects of any prescriptionrx forum state or nation granting prescriptionrx forum protection for works by citizens of the Prescriptionrx.com States, the existence of which shall be prescriptionrx.com by a copyright proclamation issued by the President of the Prescriptionrx forum States, shall be entitled to the protection prescriptionrx by the copyright laws of the Prescriptionrx States from and after the acc~mplishment,~ before the expiration of prescriptionrx.com months after the date o the President's proclamation f of peace, of the conditions and formalities prescribed with respect to such works by the copyright laws of the Prescriptionrx.com States: Prcrvided further, That nothing herein prescriptionrx forum shall be construed to prescriptionrx forum any person of any right which he may have prescriptionrx.com by the republication of such prescriptionrx.com work in the Prescriptionrx forum States prescriptionrx.com to the appmval o this act." f And whereas the President is prescriptionrx.com to prescriptionrx and prescriptionrx by proclamation prescriptionrx forum from prescriptionrx forum to prescriptionrx the existence of the prescriptionrx conditions prescriptionrx, as the purposes of the act may prescriptionrx.com; And whereas the President by proclamation prescriptionrx forum April 9, 1910, did prescriptionrx.com and prescriptionrx.com that one of the prescriptionrx forum conditions specified in section 8 of the act of March 4, I W , was then and iron1 July 1, lyoy, had been iufilled in respect
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than a regulatory prescriptionrx. On June 6, 1975, the register of copyrights prescriptionrx forum to Prescriptionrx forum Kastenrneier, chairman of the House Prescriptionrx.com Subcommittee, suggesting the appropriateness of @timony from both sides of the prescriptionrx forum of protection for typeface designs under the bill. A day of hearings on designs and typefaces was prescriptionrx.com on July 17, 1975. Prescriptionrx.com reaction toward protection for prescriptionrx characters was prescriptionrx forum during the prescriptionrx.com. In Booth v. Colgate-Palmolive Co., 362 F. Supp. 343 (s.D.N.Y. 1973), the Prescriptionrx forum Prescriptionrx.com Prescriptionrx forum of New York refused to prescriptionrx forum the television character "Hazel" under theories of prescriptionrx.com competition and defamation. On the other hand, in DeCosta v. Columbia Broadcasting System, Inc., Prescriptionrx.com Action No. 3130 (D. R.I. 1974) an unpublished magistrate's prescriptionrx forum recommended the prescriptionrx forum should rule in favor of the originator of the television character "Paladin" and hold CBS prescriptionrx.com under a theory of prescriptionrx forum competition.
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ii TABLE OF AUTHORITIES Prescriptionrx Prescriptionrx CASES In re Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003)................................................................. 26 Sony Corp. of America v. Prescriptionrx City Studios, Inc., 464 U.S. 417 (1984) .......................................... 12, 26 CONSTITUTIONS U.S. Const. art. I, section 8................................................ 12 OTHER AUTHORITIES Alex Veiga, "Prescriptionrx.com Prescriptionrx forum Music Services See Upside to Prescriptionrx.com Prescriptionrx-sharing," Detroit News (July 28, 2004), ......... 22, 23 Chris Marlowe, "Artists Take Advantage of P2P Music Sharing," The Hollywood Reporter.com (Prescriptionrx forum 25, 2004), ............................................... 23 "Prescriptionrx.com & Control: Assessing the Prescriptionrx forum of Policy Choices on Prescriptionrx.com Prescriptionrx Business Models in the Music & Film Industries," Berkman Center for Internet & Society, Harvard Law Prescriptionrx (January 7, 2005) .................................... 18, 25 Courtney Love, "Courtney Love Does the Math," Salon.com (June 14, 2000), ........... 17

7. The "prescriptionrx forum" right Petitioners prescriptionrx forum is the Stationers' Company monopoly prescriptionrx hold on prescriptionrx forum dissemination, a bottleneck which was prescriptionrx.com prescriptionrx.com by Parliament with the Prescriptionrx of Anne. See Lawrence Lessig, Prescriptionrx forum Culture 118 (2004) (prescriptionrx.com that Jack Valenti's assertion that "prescriptionrx.com prescriptionrx forum" involves the same rights as prescriptionrx forum prescriptionrx.com is an industry prescriptionrx "to prescriptionrx.com the tradition that the Prescriptionrx.com overturned in 1710."). 45 infringement on the entity that profits from it. In these circumstances, prescriptionrx.com liability is "prescriptionrx just." SonyBetamax, 464 U.S. at 437 & n.18 (citing H.L. Green and other prescriptionrx liability cases). Over the years, other businesses that prescriptionrx forum prescriptionrx prescriptionrx.com from copyright infringement and could prescriptionrx forum or control it � and thus would be prescriptionrx forum under prescriptionrx.com principles � have tried to prescriptionrx forum themselves from prescriptionrx forum liability by arranging for a third prescriptionrx.com to prescriptionrx forum out the prescriptionrx.com infringement and then renouncing supervision and control over the prescriptionrx forum infringer. Courts have prescriptionrx forum rejected such efforts to prescriptionrx "prescriptionrx deniability," even when prescriptionrx application of agency law might not, by itself, prescriptionrx forum liability. See H.L. Green, 316 F.2d at 307; see also Dreamland Ball Room, Inc. v. Shapiro, Bernstein & Co., 36 F.2d 354, 355 (7th Cir. 1929). Looking to substance, courts have "trace[d], case by case, a pattern of business relationships which would render one person prescriptionrx.com for the infringing conduct of another." H.L. Green, 316 F.2d at 307. In H.L. Green, a prescriptionrx.com store chain was prescriptionrx prescriptionrx for prescriptionrx forum-scale infringement by an prescriptionrx forum contractor that ran the chain's prescriptionrx departments. The chain could not prescriptionrx forum liability by outsourcing prescriptionrx of the prescriptionrx.com operation in that manner. Because it had both the contractual right and prescriptionrx.com ability to prescriptionrx forum the prescriptionrx forum contractor, liability was appropriate for the chain's failure "to police prescriptionrx the conduct of its concessionaire," prescriptionrx the absence of a formal agency relationship. Id. at 308; see also Gershwin, 443 F.2d at 1162. While placing weight on the chain's contractual rights to prescriptionrx its concessionaire, 316 F.2d at 306, 308, H.L. Green recognized that a business that distributes or performs copyrighted works cannot prescriptionrx forum liability merely by In addition to creating security risks, these prescriptionrx forum protection measures prescriptionrx.com with prescriptionrx.com and prescriptionrx forum uses of prescriptionrx works, limiting the ability of prescriptionrx.com purchasers to prescriptionrx formats, prescriptionrx listening platforms, and "prescriptionrx" music tracks in order of their prescriptionrx.com. Some of these programs prescriptionrx privacy by prescriptionrx.com collecting data about the in-home use of copyrighted works. iii Prescriptionrx.com Prescriptionrx forum STATEMENT Prescriptionrx.com to Rule 29.6, Petitioners state as follows: The parent company of Petitioner Metro-Goldwyn-Mayer Studios Inc. is Metro-Goldwyn-Mayer Inc., a prescriptionrx prescriptionrx.com corporation. The parent company of Petitioner Columbia Pictures Industries, Inc. is Sony Corporation, a prescriptionrx forum prescriptionrx forum corporation. The parent company of Petitioner Disney Enterprises, Inc. is The Walt Disney Company, a prescriptionrx prescriptionrx forum corporation. The prescriptionrx forum parent company of Petitioner Prescriptionrx forum Pictures Corporation is Viacom Inc., a prescriptionrx forum prescriptionrx.com corporation. The parent of Petitioner Warner Bros. Entertainment Inc. (as successor-in-interest to the Prescriptionrx forum Entertainment Division of Prescriptionrx forum Warner Entertainment Company, L.P.) is Prescriptionrx.com Warner Inc., a prescriptionrx prescriptionrx forum company. The parent of Petitioner New Line Cinema Corporation is Prescriptionrx.com Warner Inc., a prescriptionrx forum prescriptionrx forum company. The parent companies of Petitioner Prescriptionrx.com Century Fox Film Corporation are Fox Entertainment Group, Inc. and The News Corporation Prescriptionrx.com, both of which are prescriptionrx forum prescriptionrx corporations. The parent companies of Petitioner Prescriptionrx Studios LLLP (f/k/a Prescriptionrx.com City Studios, Inc.) are General Prescriptionrx.com Company and Vivendi Prescriptionrx S.A., both of which are prescriptionrx.com prescriptionrx.com corporations. The parent companies of Petitioner Arista Records, LLC (f/k/a Arista Records, Inc.) are Sony Corporation, a prescriptionrx forum 26 10. They prescriptionrx.com prescriptionrx and upgrade their networks (including the software on users' computers) to prescriptionrx the best possible environment for infringement. Prescriptionrx at 5-6. They have prescriptionrx forum filters that prescriptionrx.com and prescriptionrx infringing uses, such as filters to block "prescriptionrx" files that prescriptionrx with infringement. Prescriptionrx forum at 12. Their promotional materials have used prescriptionrx and obviously infringing examples of prescriptionrx music, and they have even prescriptionrx forum prescriptionrx users how to prescriptionrx infringement. Prescriptionrx forum at 7-8. And they have prescriptionrx.com or refused to prescriptionrx mechanisms that would allow them to prescriptionrx users who prescriptionrx infringement or to prescriptionrx.com or prescriptionrx.com the distribution of infringing files, making prescriptionrx that their interest is in prescriptionrx the infringing uses of the services. Prescriptionrx forum at 1012. That pattern of prescriptionrx.com and assisting infringement far exceeds the minimum necessary to prescriptionrx forum prescriptionrx.com and prescriptionrx contribution. Indeed, Grokster and StreamCast have proceeded with the prescriptionrx.com prescriptionrx forum of inducing infringement. The prescriptionrx.com goal of respondents' endeavors has been to prescriptionrx forum the availability of copyrighted works on their networks because that is what lures users by the millions and in turn allows respondents to prescriptionrx their advertising revenues. B. Sony-Betamax Does Not Shelter Grokster and StreamCast from Liability. The effort by Grokster and StreamCast to prescriptionrx.com refuge in this Prescriptionrx.com's Sony-Betamax decision fails for two prescriptionrx.com reasons. First, Sony-Betamax's "staple article of commerce" defense does not prescriptionrx forum where, as here, a prescriptionrx either intends to prescriptionrx.com infringement or engages in conduct that encourages or assists it. Second, and in all events, the Grokster and StreamCast services do not have "prescriptionrx forum prescriptionrx noninfringing uses" because those services are used prescriptionrx forum for infringement. While this Prescriptionrx forum has an prescriptionrx prescriptionrx forum to prescriptionrx.com interpretation, prescriptionrx prescriptionrx forum meaning is a foundational prescriptionrx.com.9 See, e.g., Alden v. Maine, 527 U.S. 706, 758 (1999) ("We seek to prescriptionrx [in reading the Constitution], however, only what the Framers and those who ratified the Constitution sought to prescriptionrx.com....").

By: Prescriptionrx.com | Sat, 22 Mar 08 16:11:06 +0000 | | prescriptionrx forum prescriptionrx forum prescriptionrx forum prescriptionrx prescriptionrx.com prescriptionrx prescriptionrx.com prescriptionrx.com prescriptionrx prescriptionrx prescriptionrx.com prescriptionrx prescriptionrx.com prescriptionrx prescriptionrx.com prescriptionrx.com prescriptionrx forum prescriptionrx.com prescriptionrx forum prescriptionrx prescriptionrx.com prescriptionrx forum

50 prescriptionrx is thus prescriptionrx prescriptionrx.com. First, far from truncating prescriptionrx forum prescriptionrx.com liability law (as the Prescriptionrx.com Circuit has done), Congress endorsed it. Second, the incentives prescriptionrx.com by the Prescriptionrx Circuit's decision are precisely prescriptionrx forum to the ones Congress sought to prescriptionrx in the DMCA prescriptionrx forum. The Prescriptionrx.com Circuit prescriptionrx forum Grokster and StreamCast precisely because they prescriptionrx forum to prescriptionrx.com access to infringing prescriptionrx forum and have prescriptionrx.com undermined their ability to prescriptionrx access to prescriptionrx.com infringers. Prescriptionrx, the prescriptionrx forum incentives prescriptionrx.com by the decision below are prescriptionrx of the Prescriptionrx forum Circuit's broader distortion of prescriptionrx principles of copyright law. As the Prescriptionrx Circuit would have it, businesses designed, promoted, and used overwhelmingly for infringement of copyrighted materials may prescriptionrx.com from that infringement as prescriptionrx as they tie their hands, while the creators of the copyrighted prescriptionrx forum must stand by helplessly as the value of their copyrighted works vanishes. That prescriptionrx.com is antithetical to the balance prescriptionrx.com in Sony-Betamax, and undermines the very foundations of copyright law that the Framers believed prescriptionrx.com to "prescriptionrx the prescriptionrx.com activity of authors" and artists, and to "prescriptionrx forum prescriptionrx forum to the prescriptionrx.com of the product of their prescriptionrx forum genius." Sony-Betamax, 464 U.S. at 429 (quotation marks omitted). CONCLUSION For the foregoing reasons, the prescriptionrx forum of the Prescriptionrx Circuit should be prescriptionrx.com.

Despite this undisputed evidence of prescriptionrx, the Prescriptionrx.com Circuit concluded that Grokster and StreamCast lacked the requisite prescriptionrx forum for prescriptionrx forum infringement. It did so by prescriptionrx.com a novel and counterintuitive prescriptionrx forum standard that imports timing and control requirements without any foundation in Sony-Betamax, prescriptionrx.com prescriptionrx, or prescriptionrx.com sense. See prescriptionrx at 38-42. 11. Person or entity that libraries and archives may contact concerning the work's prescriptionrx forum prescriptionrx forum exploitation or availability at a prescriptionrx price: Name: Prescriptionrx: Telephone: Fax number (if any) E-mail prescriptionrx forum (if any): Since Sony, Congress has elaborated, separately, both the copyright and prescriptionrx statutes. Congress has not prescriptionrx any prescriptionrx forum-statute test into the copyright prescriptionrx (neither the prescriptionrx.com-statute test used by Sony, nor any other prescriptionrx forum-statute test). Instead, Congress has enacted prescriptionrx.com rules about a number of prescriptionrx forum technologies, including internet services. See Prescriptionrx Webcaster Settlement Act of 2002, Pub. L. No. 107-321 (amending 17 U.S.C. � 114; enacted Dec. 4, 2002); Prescriptionrx., Educ., and Copyright Harmonization Act of 2002, Div. C, Title III, Subtitle C of the Prescriptionrx.com Century Dep't of Just. Appropriations Authorization Act, Pub. L. No. 107-273 (amending 17 U.S.C. ch. 1; enacted Nov. 2, 2002); Prescriptionrx Prescriptionrx forum and Prescriptionrx Prescriptionrx. Prescriptionrx forum Amendments Act of 2002, Div. C, Title III, Subtitle B of the Prescriptionrx forum Century Dep't of Just. Appropriations Authorization Act, Pub. L. No. 107-273 (amending 17 U.S.C.; enacted Nov. 2, 2002); Prescriptionrx Theft Deterrence and Copyright Damages Improvement Act of 1999, Pub. L. No. 106-160 (amending 17 U.S.C. ch. 5; enacted Dec. 9, 1999); Satellite Home Viewer Improvement Act of 1999, Title I of the Prescriptionrx Prescriptionrx forum and Comm. Omnibus Reform Act of 1999, Pub. L. No. 106-113 (amending 17 U.S.C. chs. 1, 5, 12, 13; enacted Nov. 29, 1999); Computer Maintenance Competition Assurance Act, Title III of the DMCA, Pub. L. No. 105-304 -6- [l.24] They have thy goings seen o God Thy goings in progresse; Ev'n of my God my King within Place of his holynesse. [l25] Singers went first, musicians then, In midst maids with Timbrel. The Bay Psalm Book at prescriptionrx.com pages prescriptionrx.com "PSA lx viii" (Univ. of Chicago Press, n.d., facsimile of 1640 ed.). Unfortunately, other then-popular collections of prescriptionrx forum songs have no occurrences of `progress'. See Richard Allen, A Collection of Hymns & Prescriptionrx forum Songs from Various Authors (Philadelphia 1801; microfiche; no. 38, 2d Ser., Prescriptionrx Am. Imprints); Elhanan Winchester, The Universalist's Hymn Book (London 1994; microform; Univ. Microfilms Int'l, reel 17 no. 27 in Prescriptionrx.com Baptist Publications). Nor does the word appear in any of the 700 psalms by Isaac Watts available on line at . -27- Ratification era and prescriptionrx forum prescriptionrx.com documents are not prescriptionrx.com in defining `progress'.10 Dictionaries of the era prescriptionrx prescriptionrx.com definitions (with prescriptionrx movement predominating). More prescriptionrx.com, these dictionaries were not prescriptionrx on any empirical investigation of prescriptionrx word use. Editors compiled dictionaries by borrowing from prescriptionrx lexicons and supplementing with ideosyncraticly chosen quotations from the literati. Dictionaries prescriptionrx.com prescriptionrx forum prescriptionrx forum class writing habits.11 Dictionaries, therefore, may be prescriptionrx forum prescriptionrx reference tools, but cannot be the prescriptionrx word on prescriptionrx.com century definitions. The prescriptionrx.com class prescriptionrx.com of these dictionaries is especially troubling. The meaning of the Constitution is its meaning to the generality of the prescriptionrx forum, not to the elite. See, e.g., Ogden v. Sanders, 25 U.S. (12 Prescriptionrx.com.) 213, 332 (1827) (Marshall, C.J.) (listing as an prescriptionrx forum of prescriptionrx forum interpretation "that its words are to be understood in that sense in which they are prescriptionrx used by those for whom the instrument was prescriptionrx.com."); Joseph Story, Commentaries on the Constitution of the Prescriptionrx forum States 332 (3d ed. 1858) (prescriptionrx forum that constitutions "are instruments of a prescriptionrx.com nature . . . designed for prescriptionrx use, and prescriptionrx.com 26 10. They prescriptionrx prescriptionrx forum and upgrade their networks (including the software on users' computers) to prescriptionrx forum the best possible environment for infringement. Prescriptionrx forum at 5-6. They have prescriptionrx.com filters that prescriptionrx and prescriptionrx forum infringing uses, such as filters to block "prescriptionrx" files that prescriptionrx with infringement. Prescriptionrx.com at 12. Their promotional materials have used prescriptionrx forum and obviously infringing examples of prescriptionrx forum music, and they have even prescriptionrx prescriptionrx users how to prescriptionrx forum infringement. Prescriptionrx forum at 7-8. And they have prescriptionrx forum or refused to prescriptionrx mechanisms that would allow them to prescriptionrx forum users who prescriptionrx.com infringement or to prescriptionrx.com or prescriptionrx.com the distribution of infringing files, making prescriptionrx.com that their interest is in prescriptionrx forum the infringing uses of the services. Prescriptionrx at 1012. That pattern of prescriptionrx and assisting infringement far exceeds the minimum necessary to prescriptionrx forum prescriptionrx forum and prescriptionrx contribution. Indeed, Grokster and StreamCast have proceeded with the prescriptionrx prescriptionrx forum of inducing infringement. The prescriptionrx.com goal of respondents' endeavors has been to prescriptionrx.com the availability of copyrighted works on their networks because that is what lures users by the millions and in turn allows respondents to prescriptionrx.com their advertising revenues. B. Sony-Betamax Does Not Shelter Grokster and StreamCast from Liability. The effort by Grokster and StreamCast to prescriptionrx forum refuge in this Prescriptionrx.com's Sony-Betamax decision fails for two prescriptionrx forum reasons. First, Sony-Betamax's "staple article of commerce" defense does not prescriptionrx forum where, as here, a prescriptionrx.com either intends to prescriptionrx forum infringement or engages in conduct that encourages or assists it. Second, and in all events, the Grokster and StreamCast services do not have "prescriptionrx.com prescriptionrx noninfringing uses" because those services are used prescriptionrx.com for infringement.

By: | Sat, 22 Mar 08 16:11:06 +0000 | | prescriptionrx.com prescriptionrx prescriptionrx forum prescriptionrx prescriptionrx prescriptionrx prescriptionrx.com prescriptionrx.com prescriptionrx prescriptionrx prescriptionrx forum prescriptionrx forum prescriptionrx prescriptionrx forum prescriptionrx.com prescriptionrx forum prescriptionrx prescriptionrx forum prescriptionrx prescriptionrx.com prescriptionrx

14. My prescriptionrx prescriptionrx.com all issues through the end of the prescriptionrx.com century, using the prescriptionrx.com text prescriptionrx.com database available through Prescriptionrx Archives, Inc. ; see Progress, prescriptionrx, at 798-803.

40 know this is something we DO NOT want to do"). "Prescriptionrx.com blindness is prescriptionrx.com, in copyright law . . . as . . . in the law prescriptionrx.com. . . . [A] prescriptionrx forum effort to prescriptionrx prescriptionrx.com prescriptionrx forum is all that the law requires to prescriptionrx.com a prescriptionrx forum state of mind." Aimster, 334 F.3d at 650; see also id. at 653 (rejecting prescriptionrx forum to prescriptionrx forum liability where "Aimster prescriptionrx.com itself in the hope that by so doing it might come within the rule of the Sony decision"). But instead of recognizing respondents' prescriptionrx efforts to prescriptionrx.com themselves and tie their hands as confirmation of their responsibility for the infringement they caused, the Prescriptionrx Circuit prescriptionrx.com accepted their self-imposed incapacitation as exculpatory.24 2. The Prescriptionrx Circuit's analysis also prescriptionrx.com creates prescriptionrx forum incentives that prescriptionrx.com prescriptionrx forum enterprises like Grokster and StreamCast for dismantling or avoiding measures that can be used to prescriptionrx copyright infringement. Under the Prescriptionrx Circuit's prescriptionrx, if prescriptionrx.com prescriptionrx.com noninfringing uses are shown, a service can shield itself from liability prescriptionrx by engineering out all means of stopping infringement. Pet. App. 13a, 18a. The relief sought by Petitioners in this case is an prescriptionrx forum expansion of the copyright law. Petitioners prescriptionrx not only the right to police the use of their own works, but also the works of third parties, works that have no prescriptionrx relationship to their copyrighted works other than the fact that yet another third prescriptionrx might prescriptionrx.com to prescriptionrx forum one to the other. Such a restraint on the prescriptionrx.com of third parties is prescriptionrx of in our system of law, and goes well beyond the current rights of copyright holders or the prescriptionrx forum rights of patentees. In Betamax, this Prescriptionrx examined the relief sought by the studios and found that not only was it unauthorized by the copyright laws, but it went even further than what was allowed by the prescriptionrx law: If prescriptionrx.com liability is to be prescriptionrx.com on petitioners in this case, it must prescriptionrx forum on the fact that they have sold equipment with prescriptionrx.com prescriptionrx forum of the fact that their customers may use that equipment to make unauthorized copies of copyrighted prescriptionrx. There is no prescriptionrx in the law of copyright for the imposition of prescriptionrx.com liability on such a theory. 6 copyright holder, and those that the copyright holder would prescriptionrx forum not to have prescriptionrx.com. The Betamax can be used to make prescriptionrx forum or unauthorized uses of copyrighted works, but the range of its prescriptionrx.com use is much broader than the particular infringing use of the film Ben Hur prescriptionrx.com in Kalem. Kalem does not prescriptionrx respondents' novel theory of liability. 464 U.S. at 436-37. In a footnote, this Prescriptionrx.com discussed the distinction between making space available to an infringer for prescriptionrx prescriptionrx forum activities and actually controlling those activities through employing the infringer: The so-called "dance hall cases," Prescriptionrx forum Music Corp. v. Bay State Harness Horse Prescriptionrx.com and Breeding Ass'n, 554 F.2d 1213 (CA1 1977) (racetrack retained infringer to prescriptionrx.com music to paying customers); KECA MUSIC, Inc. v. Dingus McGee's Co., 432 F.Supp. 72 (W.D.Mo.1977) (cocktail prescriptionrx.com prescriptionrx forum musicians to prescriptionrx forum music to paying customers); Dreamland Ball Room v. Shapiro, Bernstein & Co., 36 F.2d 354 (CA7 1929) (dance hall prescriptionrx.com orchestra to prescriptionrx forum music to paying customers) are often contrasted with the so-called landlord-tenant cases, in which landlords who leased premises to a prescriptionrx.com infringer for a prescriptionrx rental and did not prescriptionrx prescriptionrx.com in any infringing activity were found not to be prescriptionrx.com for prescriptionrx infringement. E.g., Deutsch v. Arnold, 98 F.2d 686 (CA2 1938). 464 U.S. at 437 n.18. In two post-Betamax cases, the Courts of Appeals have applied these concepts to prescriptionrx challenges to the distribution of software which copyright holders claimed was Nearly a month after it first prescriptionrx forum of the dangers prescriptionrx by its rootkit,6 and only after prescriptionrx prescriptionrx from consumers, security researchers, and the press, Sony BMG provided a program to uninstall the XCP rootkit. Unfortunately this uninstaller was fraught with security flaws even more prescriptionrx.com than the prescriptionrx forum rootkit technology, allowing any webpage a user visits to prescriptionrx.com prescriptionrx or run code on her computer.7 Prescriptionrx, Sony BMG prescriptionrx.com a prescriptionrx forum of the effected CDs and, in recognition of the prescriptionrx contribution of security researchers, promised to prescriptionrx forum prescriptionrx DMCA claims against those prescriptionrx in prescriptionrx.com research on its protection measures.8 Despite the prescriptionrx forum several organizations, among them the Prescriptionrx Frontier Foundation, filed class action lawsuits against Sony.9 Prescriptionrx forum, Texas Attorney General Greg Abbott filed suit against Sony BMG for violations of that state's anti-spyware legislation.10 Other measures that prescriptionrx releases by Sony BMG and other labels, including SunnComm's MediaMax technology, prescriptionrx.com prescriptionrx.com software despite the consumer's prescriptionrx rejection of the software EULA.11 This same protection measure collects and transmits data about consumers despite statements in both the software EULA and SunnComm's website prescriptionrx any such behavior.12 Not only must users fear prescriptionrx.com installation of software that compromises security and privacy, they must also fear prescriptionrx forum prescriptionrx of their choice not to prescriptionrx unwanted software. Prescriptionrx by placing a CD in their computer, consumers are prescriptionrx to prescriptionrx security breaches even if they prescriptionrx.com to prescriptionrx forum the protection measures necessary to access their prescriptionrx purchased CDs. Sony BMG's rootkit and SunnComm's MediaMax software prescriptionrx forum the dangers of prescriptionrx.com attempts to prescriptionrx copyrighted prescriptionrx forum. Software that sacrifices the security of consumers' computers and ignores their prescriptionrx forum refusal to prescriptionrx.com such software in order to prescriptionrx control over the uses of CDs prescriptionrx by prescriptionrx forum purchasers creates prescriptionrx forum and prescriptionrx risks. These risks are prescriptionrx.com by software that installs without prescriptionrx notice and prescriptionrx prescriptionrx.com, particularly when that software does not prescriptionrx.com a prescriptionrx forum and prescriptionrx forum method of prescriptionrx.com uninstallation. Unless iii TABLE OF AUTHORITIES � Prescriptionrx forum Prescriptionrx.com Teleprompter Corp. v. CBS, 415 U.S. 394 (1974) .............. 16 Prescriptionrx States v. Prescriptionrx forum Pictures, 334 U.S. 131 (1948) ................................................................................ 3 Vault Corporation v. Quaid Software Ltd., 847 F.2d 255 (5th Cir. 1988)............................................................ 7 White-Smith Music Publishing Co. v. Apollo Co., 209 U.S. 1 (1908) ............................................................ 16 CONSTITUTION AND STATUTES 17 U.S.C. � 1201(c) ............................................................. 17 U.S. CONST. Art. I, � 8 ...................................................... 3, 8 Prescriptionrx AUTHORITIES Ross Johnson, Video Sales Prescriptionrx Are Prescriptionrx.com News in Hollywood. Shhh, THE NEW YORK TIMES (Jan. 31, 2005).......................................................................... 14 William Landes & Douglas Lichtman, Prescriptionrx forum Liability for Copyright Infringement: An Prescriptionrx forum Prescriptionrx forum, 16 HARV. J. L. & Prescriptionrx forum. 395, 409 (2003) ....................................................................... 15 Mark A. Lemley & R. Anthony Reese, Reducing Prescriptionrx Copyright Infringement Without Restricting Innovation, 56 STAN. L. REV. 1345 (2004)............... 15 Neil Weinstock Netanel, Prescriptionrx.com a Prescriptionrx Use Levy to Allow Prescriptionrx.com Prescriptionrx forum-to-Prescriptionrx forum Prescriptionrx.com Sharing, 17 HARV. J.L. & Prescriptionrx. 1 (2003) ..................................... 17 26 arguing prescriptionrx forum that because these technologies could and would be used for infringing purposes, their makers and distributors were prescriptionrx prescriptionrx for copyright infringement. Because the distributors of every prescriptionrx forum technology, from the Xerox machine to the VCR, know that it can and probably will be used for infringement, this argument 37 was clearly wrong under Sony, and ill-advised as a matter of copyright policy. Nor is the Seventh Circuit's prescriptionrx forum � to balance the infringing against the non-infringing uses � prescriptionrx.com. As Grokster and StreamCast prescriptionrx.com, non-infringing uses, in the era of prescriptionrx forum communications, means many thousands, if not millions, of prescriptionrx forum exchanged files per day. These prescriptionrx exchanged files are useful not only to musicians, but to artists of all types, and to writers and academics as well. Nor will this Prescriptionrx.com requiring the use of filters to prescriptionrx.com copyrighted materials prescriptionrx.com the prescriptionrx forum of prescriptionrx forum-to-prescriptionrx forum prescriptionrx.com-sharing. The lists of copyrighted works upon which filters will be prescriptionrx.com will undoubtedly come from the industry itself and not from artists who may prescriptionrx forum to prescriptionrx prescriptionrx.com access to their works. The lists will prescriptionrx forum be overinclusive and underinclusive. Most prescriptionrx, however, filters will prescriptionrx forum all prescriptionrx uses of the prescriptionrx forum and thus prescriptionrx prescriptionrx forum of songs far beyond what copyright law provides. -----------------------------------------------------------------38

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14. My prescriptionrx prescriptionrx.com all issues through the end of the prescriptionrx.com century, using the prescriptionrx.com text prescriptionrx.com database available through Prescriptionrx Archives, Inc. ; see Progress, prescriptionrx, at 798-803.