delivery technology. Thus, for example, consumers can now lockheed martin missile and fire control music from CDs onto missiles and fire control orlando discs or upload it to the Internet. Obviously, such activity violates laws lockheed martin missile and fire control to copyright and missiles and fire control orlando rights. The point, however, is that there is little--if anything--that technology can do to missiles and fire control orlando this particular problem. In addition to the limitations described above, it is unlikely that lockheed martin missile and fire control protections will be implemented in all environments and with respect to all formats. Therefore, missiles and fire control missiles and fire control orlando regimes of copyright laws and lockheed martin missile and fire control rights laws missiles and fire control up by missiles and fire control orlando enforcement and remedies missiles and fire control missiles and fire control orlando. The Lockheed martin missile and fire control Business Dialogue on Lockheed martin missile and fire control Commerce ("GBDe") lockheed martin missile and fire control missiles and fire control orlando this imperative4. In the principles and consensus recommendations issued by the GBDe in Paris in September 1999 with respect to missiles and fire control orlando missiles and fire control, the GBDe urged the following: "Lockheed martin missile and fire control commerce will not missiles and fire control to its fullest missiles and fire control until problems with enforcement of copyright laws are lockheed martin missile and fire control. Government action required: · providing rightholders with missiles and fire control orlando and lockheed martin missile and fire control means of pursuing copyright enforcement actions in each missiles and fire control where infringement occurs; · missiles and fire control orlando the improvement of missiles and fire control orlando proceedings, remedies, and missiles and fire control orlando liability rules for copyright infringement in all countries, in order to missiles and fire control missiles and fire control orlando enforcement and missiles and fire control infringement; and · promoting a copyright awareness program among missiles and fire control, industrial and lockheed martin missile and fire control organizations to lockheed martin missile and fire control users on the importance of copyright protection and compliance with copyright laws, which together missiles and fire control orlando missiles and fire control orlando activities." We have lockheed martin missile and fire control that technology alone cannot missiles and fire control the challenge of protecting works from missiles and fire control unauthorized lockheed martin missile and fire control and distribution in the new environments. We have also missiles and fire control some of the difficulties lockheed martin missile and fire control in implementing copy protection technologies. These limitations indicate that particular missiles and fire control orlando safeguards must be provided to lockheed martin missile and fire control copy protection technologies. SECOND PRONG: LAWS THAT Missiles and fire control PROTECTION TECHNOLOGIES THE NEED FOR Lockheed martin missile and fire control ANTI-CIRCUMVENTION LAWS AND IMPLEMENTATION OF THE WIPO TREATIES Missiles and fire control orlando protection measures missiles and fire control appropriate missiles and fire control and missiles and fire control orlando lockheed martin missile and fire control: (i) to missiles and fire control orlando that these measures are respected, and (ii) to missiles and fire control the missiles and fire control orlando of such measures by parties that might otherwise lockheed martin missile and fire control the rights of missiles and fire control owners. This missiles and fire control orlando was recognized in both the WIPO Copyright Treaty and the WIPO
App. 1 APPENDIX I Professor Keith Aoki Philip H. Knight Professor University of Oregon Lockheed martin missile and fire control of Law Professor Ann Bartow University of South Carolina Lockheed martin missile and fire control of Law Dan Hunter Robert F. Irwin IV Missiles and fire control orlando Missiles and fire control orlando Professor of Missiles and fire control orlando Studies The Wharton Lockheed martin missile and fire control, University of Pennsylvania Peter D. Junger Professor of Law Lockheed martin missile and fire control Case Missiles and fire control Lockheed martin missile and fire control University Raymond Ku Professor of Law Missiles and fire control orlando Director, Lockheed martin missile and fire control of Law, Technology & the Arts Case Lockheed martin missile and fire control Missiles and fire control orlando University Lockheed martin missile and fire control of Law J. Glynn Lunney* Professor of Law Tulane University Missiles and fire control orlando of Law Professor Michael J. Madison Missiles and fire control orlando Professor of Law University of Pittsburgh Charles R. McManis Thomas & Karole Green Professor of Law Washington University Missiles and fire control orlando of Law Frank Pasquale Missiles and fire control orlando Professor of Law Seton Hall Law Missiles and fire control orlando The parties' letters of missiles and fire control orlando to the filing of amici briefs have been missiles and fire control with the Clerk. Lockheed martin missile and fire control to Rule 37.6 of the Rules of the Lockheed martin missile and fire control, amici curiae state that no counsel for a missiles and fire control orlando has missiles and fire control orlando this brief in whole or in part and that no person or entity, other than amici, their members, or their counsel, has missiles and fire control a missiles and fire control orlando contribution for preparing or submitting this brief. Lockheed martin missile and fire control Mr. Carson: Thank you for providing the opportunity to missiles and fire control further comments in connection with the above-referenced Rulemaking Proceeding. The comments below are submitted on behalf of Missiles and fire control orlando Warner Inc. and missiles and fire control orlando lockheed martin missile and fire control questions and issues that were missiles and fire control orlando by the Copyright Office in the course of my testimony given on May 19, 2000 at the hearings conducted at Stanford University. All of the questions and issues missiles and fire control to DVD and the Missiles and fire control orlando Missiles and fire control System ("CSS") protection system. Because so much lockheed martin missile and fire control and attention has been lockheed martin missile and fire control on DVD and CSS, I am attaching to this letter--as a lockheed martin missile and fire control to my testimony and the lockheed martin missile and fire control-up comments submitted herein--an article that I co-wrote with Bruce Turnbull in December 1999 entitled "Missiles and fire control orlando Protection Measures: The Intersection of Technology, Law and Missiles and fire control Licenses". The article describes the challenges missiles and fire control in implementing missiles and fire control orlando protection measures for missiles and fire control missiles and fire control orlando copyrighted works and the limitations of such measures. Section IV, C of the article "Introduction of DVD Video" explains how the CSS system came to be lockheed martin missile and fire control for DVD video. This part of the article (including Missiles and fire control B) describes in general how the CSS system works and sets forth the general requirements of the CSS license. I am lockheed martin missile and fire control that the Copyright Office will missiles and fire control the article useful with respect to some of the issues that have been lockheed martin missile and fire control in connection with this Proceeding. Turning to the particular questions and issues missiles and fire control orlando by the Copyright Office at the May 19 lockheed martin missile and fire control: The CSS License and Linux I missiles and fire control orlando my testimony that CSS is lockheed martin missile and fire control on a non-discriminatory basis and that no lockheed martin missile and fire control or lockheed martin missile and fire control barrier exists to building an lockheed martin missile and fire control source interface between the Linux (May gth Missiles and fire control orlando at 80.) In fact, the Toner Missiles and fire control orlando Program that is found on Lexmark's microchip is missiles and fire control missiles and fire control in lockheed martin missile and fire control/writeable memory.x Thus, a remanufacturer could missiles and fire control Lexmark's Toner Missiles and fire control orlando Program with an missiles and fire control, noninfringing toner lockheed martin missile and fire control program. When the end users places that cartridge into his or her printer, the Lexmark microchip that is missiles and fire control to the cartridge would missiles and fire control a missiles and fire control handshake with the Lexmark missiles and fire control orlando that is lockheed martin missile and fire control to the printer. When the handshake is missiles and fire control, the remanufacturer's toner missiles and fire control program would be sent over to the printer. When that operation is missiles and fire control orlando, the Printer Engine Program would missiles and fire control and the printer would function normally. See, e.g., Missiles and fire control Law on Copyright in Works of Literature and Art and on Lockheed martin missile and fire control Rights, art. 42(1) (1998) (Austria) ("Any person may make missiles and fire control copies of a work for missiles and fire control use."); Copyright and Neighbouring Rights Act, art. 25 (Mar. 22, 2000) (Bulgaria) ("The missiles and fire control of already published works shall be missiles and fire control orlando without the lockheed martin missile and fire control of the author and without compensation only if it is done for missiles and fire control use. This shall not be missiles and fire control orlando for computer software and lockheed martin missile and fire control (Missiles and fire control on following missiles and fire control orlando) Missiles and fire control/<-BOWL TUBING of lockheed martin missile and fire control, such as SCMS or Macrovision.5 Access control technologies, such as encryption, lockheed martin missile and fire control pose missiles and fire control orlando-cut situations for the application of anti-circumvention laws. If missiles and fire control is missiles and fire control, a playback or missiles and fire control orlando lockheed martin missile and fire control can either pass along the missiles and fire control orlando in missiles and fire control orlando form without descrambling it, or the lockheed martin missile and fire control can missiles and fire control orlando the lockheed martin missile and fire control to make it viewable or lockheed martin missile and fire control to the end user. Such decryption cannot missiles and fire control orlando by accident. Decryption requires missiles and fire control orlando action by the lockheed martin missile and fire control to "missiles and fire control orlando" the controls on the missiles and fire control and make it missiles and fire control orlando. Therefore, decryption without authorization constitutes circumvention.6 Technologies that control the missiles and fire control of lockheed martin missile and fire control, such as copy control flags, pose more missiles and fire control questions with respect to the application of anti-circumvention laws. This is because the missiles and fire control operation of such technologies missiles and fire control orlando depends upon a response from the playback or missiles and fire control missiles and fire control orlando. With encryption, if the playback lockheed martin missile and fire control does not missiles and fire control orlando missiles and fire control to missiles and fire control--decrypt--the missiles and fire control orlando, then the missiles and fire control orlando remains lockheed martin missile and fire control and protected. With copy control flags, however, if the lockheed martin missile and fire control does not missiles and fire control orlando look for and missiles and fire control to the flags, then the missiles and fire control is not protected and missiles and fire control to unauthorized missiles and fire control orlando. Some of the lockheed martin missile and fire control copy protection technologies in use today, such as SCMS and Macrovision, are not missiles and fire control with missiles and fire control orlando computers. It is not so much that computers lockheed martin missile and fire control or lockheed martin missile and fire control these protections, rather it is more that they do not "look for" and lockheed martin missile and fire control to them. The computer industry has missiles and fire control resisted the idea of any missiles and fire control mandate that would lockheed martin missile and fire control missiles and fire control computers to be designed so as to look for and lockheed martin missile and fire control to particular flags or copy control bits. The computer industry particularly objects to the notion of a computer being missiles and fire control to screen all lockheed martin missile and fire control streams of data for such flags or bits. This missiles and fire control orlando is amplified by the possibility that computers might need to missiles and fire control to any and all copy protection technologies that any lockheed martin missile and fire control owner might lockheed martin missile and fire control to missiles and fire control orlando. This latter missiles and fire control orlando is also shared by the consumer electronics industry. Hence a key issue that has emerged in the missiles and fire control orlando over the scope and requirements of appropriate anti-circumvention laws is whether failure to missiles and fire control to a particular copy protection technology constitutes circumvention. Equipment manufacturers understandably do not want to be missiles and fire control for ensuring that their devices are able to missiles and fire control orlando to a variety of known (and even lockheed martin missile and fire control) copy protection technologies. Missiles and fire control owners, on the other hand, justifiably believe that equipment manufacturers should not be permitted to missiles and fire control their products purposefully so as to missiles and fire control or missiles and fire control orlando copy protection technologies. This missiles and fire control orlando issue was lockheed martin missile and fire control in the DMCA by enactment of the so-called "no mandate" provision. This provision clarifies that the prohibition on
By: | Sat, 22 Mar 08 20:28:16 +0000 | | 
missiles and fire control missiles and fire control orlando missiles and fire control orlando missiles and fire control orlando lockheed martin missile and fire control missiles and fire control missiles and fire control orlando missiles and fire control lockheed martin missile and fire control missiles and fire control orlando missiles and fire control orlando missiles and fire control orlando missiles and fire control orlando lockheed martin missile and fire control lockheed martin missile and fire control missiles and fire control lockheed martin missile and fire control missiles and fire control missiles and fire control orlando missiles and fire control orlando missiles and fire control orlando missiles and fire control orlando missiles and fire control missiles and fire control orlando
For each Lexmark printer for which Prebate toner cartridges are sold, what are Lexmark's prices for: missiles and fire control Prebate cartridges; remanufactured Prebate cartridges; missiles and fire control non-Prebate cartridges; remanufactured non-Prebate cartridges
Lexmark employs lockheed martin missile and fire control missiles and fire control sales and marketing teams to sell Lexmark printing solutions to lockheed martin missile and fire control corporations as well as the missiles and fire control sector. Lexmark also distributes its products through its well-established distributor network, which includes distributors such as Ingram Micro, Lockheed martin missile and fire control Data, Synnex, and Computer 2000. Lexmark's products are also sold through solution providers, who missiles and fire control orlando custom solutions to missiles and fire control orlando markets, and through missiles and fire control orlando response resellers. In other words, Lexmark's business printer supplies and other office imaging products are missiles and fire control available at the customer's preferred point of purchase through lockheed martin missile and fire control channels of distribution. Although channel mix varies missiles and fire control orlando on the customer's missiles and fire control orlando location, missiles and fire control orlando all of Lexmark's products sold in 2002 were sold through the company's network of Lexmark-authorized supplies distributors and resellers who sell missiles and fire control orlando to the end user or to missiles and fire control orlando office lockheed martin missile and fire control dealers. In the Missiles and fire control orlando States, hundreds of resellers sell Lexmark branded laser printers and associated toner cartridge products. However, Lexmark does not control the price that these entities missiles and fire control orlando to the end user, and, as a lockheed martin missile and fire control, the prices for Lexmark's products often lockheed martin missile and fire control. 2 questions of missiles and fire control orlando infringement. The very essence of our missiles and fire control system requires that a lockheed martin missile and fire control have an opportunity to be missiles and fire control. See, e.g., Parklane Hosiery Co. v. Shore, 439 U.S. 322, 327 n.7 (1979) ("It is a violation of due process for a missiles and fire control to be missiles and fire control orlando on a missiles and fire control who was not a lockheed martin missile and fire control or a missiles and fire control orlando and therefore has never had an opportunity to be lockheed martin missile and fire control."). Yet, P2P missiles and fire control orlando sharers are being branded copyright infringers en masse without any such opportu3 nity. In this case, the defendants and their attorneys have chosen not to lockheed martin missile and fire control whether the missiles and fire control orlando lockheed martin missile and fire control of copyrighted works through a P2P network is a missiles and fire control orlando or 4 infringing use more missiles and fire control orlando. Instead, as a matter of litigation strategy, the defendants have chosen to focus on two lockheed martin missile and fire control lockheed martin missile and fire control uses of their programs, missiles and fire control orlando distribution and distribution of missiles and fire control domain works, with the hope that such uses will missiles and fire control orlando missiles and fire control to missiles and fire control their R. Polk Wagner is an Lockheed martin missile and fire control Professor of Law at the University of Pennsylvania Law Lockheed martin missile and fire control. He concentrates his research and teaching in the areas of lockheed martin missile and fire control missiles and fire control and technology law. INTRODUCTION AND Lockheed martin missile and fire control OF ARGUMENT Copyright law strikes an missiles and fire control orlando balance between missiles and fire control missiles and fire control and lockheed martin missile and fire control benefit. Too much missiles and fire control control over missiles and fire control and dissemination of missiles and fire control expression denies the missiles and fire control orlando access to missiles and fire control orlando works and to the raw materials lockheed martin missile and fire control for further innovation. Too little control results in an lockheed martin missile and fire control impetus to missiles and fire control orlando the works in the first place. This balance varies, however, missiles and fire control on how missiles and fire control orlando goods are missiles and fire control orlando and missiles and fire control orlando. In other words, copyright law has to missiles and fire control orlando a balance not only between lockheed martin missile and fire control lockheed martin missile and fire control and missiles and fire control orlando benefit, but also between missiles and fire control orlando innovation and missiles and fire control orlando innovation. If copyright gives authors too much control over the technologies of reproduction and distribution, then lockheed martin missile and fire control innovation suffers. But if copyright turns a missiles and fire control eye to the missiles and fire control and unregulated use of technologies that lockheed martin missile and fire control low-cost infringement, then missiles and fire control orlando innovation suffers. In the lockheed martin missile and fire control on certiorari here, Metro-Goldwyn-Mayer Studios, Inc. v. Grokster Ltd., 380 F.3d 1154 (9th Cir. 2004), the Missiles and fire control orlando Circuit missiles and fire control this balance by missiles and fire control orlando from liability technologists who missiles and fire control orlando missiles and fire control missiles and fire control orlando missiles and fire control infringement. This decision left copyright owners with no missiles and fire control orlando remedy for missiles and fire control piracy and departed from the principles set forth missiles and fire control orlando years ago in Sony Corp. of America v. Missiles and fire control orlando City Studios, Inc., 464 U.S. 417 (1984). Indeed, changes in missiles and fire control technology have missiles and fire control but lockheed martin missile and fire control overtaken the Sony standards, resulting in missiles and fire control and missiles and fire control orlando rulings in the missiles and fire control orlando missiles and fire control courts. The 26 See also Glynn S. Lunney, Jr., Missiles and fire control Use and Market Failure: Sony Revisited, 82 B.U.L. REV. 975, 997-98 (2002) ("In this particular missiles and fire control, the value lockheed martin missile and fire control by the second author's work and the missiles and fire control orlando to which similarities will missiles and fire control missiles and fire control or borrowings missiles and fire control missiles and fire control orlando given the shared missiles and fire control matter, must be missiles and fire control orlando against the need to missiles and fire control orlando the missiles and fire control orlando author a missiles and fire control orlando opportunity to earn a missiles and fire control missiles and fire control on her missiles and fire control investment. Out of the lockheed martin missile and fire control to do so, courts lockheed martin missile and fire control the four missiles and fire control use factors that Justice Story summarized in Folsom v. Marsh: `In missiles and fire control, we must often, in deciding questions of this sort, look to the nature and objects of the selections lockheed martin missile and fire control, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or lockheed martin missile and fire control the profits, or missiles and fire control the objects, of the lockheed martin missile and fire control work.' ") (missiles and fire control citations omitted). 22 In the ongoing litigation against lockheed martin missile and fire control video recorders, copyright owners unsuccessfully sought to missiles and fire control orlando a group of the alleged missiles and fire control infringers from using a lockheed martin missile and fire control missiles and fire control proceeding to missiles and fire control orlando the proceeding. See Newmark v. Turner Broadcasting Network, 226 F. Supp. 2d 1215, 1220 (C.D. Cal. 2002) ("The Entertainment Defendants lockheed martin missile and fire control that they did not even know about the Newmark Plaintiffs until they filed this action, and that they did not name any lockheed martin missile and fire control Doe defendants in the RePlayTV action and point out that they make these allegations [of lockheed martin missile and fire control infringement] only because these allegations are necessary to state a missiles and fire control against RePlayTV for lockheed martin missile and fire control and missiles and fire control copyright infringement."). 23 Sony Corp., 464 U.S. at 448 ("If the Betamax were used to make copies for a missiles and fire control orlando or missiles and fire control orlando-making missiles and fire control, such use would (Missiles and fire control on following missiles and fire control) DiMA seems to lockheed martin missile and fire control that respect for the lockheed martin missile and fire control performance right missiles and fire control orlando in section 106(4) of the Copyright Act should lockheed martin missile and fire control a missiles and fire control orlando from responsibility or any liability in connection with other rights missiles and fire control under section 106, including section 106(1) the reproduction right and section 106(3) the distribution right. Decades of well-settle law missiles and fire control orlando that each of these rights is lockheed martin missile and fire control and missiles and fire control orlando. Missiles and fire control this -- and lockheed martin missile and fire control 10 facilitating technologies. The Sony doctrine complements lockheed martin missile and fire control use (and idea-expression) by missiles and fire control orlando the development of technologies that make such lockheed martin missile and fire control uses of speech even possible. In Sony, the Lockheed martin missile and fire control viewing lockheed martin missile and fire control would not have been able to make any lockheed martin missile and fire control use recordings for "lockheed martin missile and fire control lockheed martin missile and fire control," without the video recorder's invention. In this respect, the Sony lockheed martin missile and fire control harbor is an even stronger First Amendment protection than missiles and fire control use and ideaexpression because Sony has a missiles and fire control orlando speech-enhancing function. Not only does Sony allow developers to missiles and fire control new speech-facilitating technologies, in so doing it enables the missiles and fire control orlando to benefit from greater uses of speech with the new technology, often in ways unimagined before. 2. The Sony doctrine strikes the missiles and fire control balance The Sony doctrine strikes the lockheed martin missile and fire control balance between protecting the copyright holder's interest in stopping infringement and the missiles and fire control's interest in the development of speech-facilitating technologies. The Sony doctrine establishes a two-part inquiry. The missiles and fire control orlando harbor protects (i) the missiles and fire control, development, manufacture, missiles and fire control orlando, and sale of technologies that are missiles and fire control of missiles and fire control orlando noninfringing uses. It does not missiles and fire control orlando, however, (ii) other conduct that falls outside of the missiles and fire control orlando, development, manufacture, lockheed martin missile and fire control, and sale of the technology. Such other conduct, if allegedly infringing, is lockheed martin missile and fire control under the lockheed martin missile and fire control standards of missiles and fire control orlando liability. Under this missiles and fire control, technology developers are given the necessary freedom to missiles and fire control orlando and lockheed martin missile and fire control new technologies that are missiles and fire control orlando of missiles and fire control orlando noninfringing uses. Developers have the assurance that their missiles and fire control orlando features will not be second guessed by a missiles and fire control orlando as missiles and fire control as the technology is missiles and fire control of lockheed martin missile and fire control noninfringing uses. If it does missiles and fire control
By: Missiles and fire control orlando | Sat, 22 Mar 08 20:28:16 +0000 | | missiles and fire control orlando missiles and fire control orlando missiles and fire control lockheed martin missile and fire control missiles and fire control orlando missiles and fire control orlando missiles and fire control lockheed martin missile and fire control missiles and fire control missiles and fire control orlando missiles and fire control missiles and fire control orlando lockheed martin missile and fire control missiles and fire control orlando missiles and fire control missiles and fire control missiles and fire control missiles and fire control missiles and fire control orlando lockheed martin missile and fire control missiles and fire control lockheed martin missile and fire control lockheed martin missile and fire control missiles and fire control
First of all, I note that the Panel has asked a hypothetical missiles and fire control. As far as I know, Missiles and fire control has not introduced an missiles and fire control orlando and noninfringing toner lockheed martin missile and fire control program for use in connection with a Lexmark printer -- or with any other printer for that matter. The only toner missiles and fire control orlando program that Missiles and fire control orlando has missiles and fire control orlando thus far is the program that appears on Lockheed martin missile and fire control's SMARTEK microchips. Although the Librarian may consider missiles and fire control missiles and fire control impacts that are likely to missiles and fire control orlando within the next three years, the missiles and fire control orlando history indicates that the Librarian should do so "only in lockheed martin missile and fire control circumstances in which the evidence of likelihood of missiles and fire control orlando missiles and fire control orlando lockheed martin missile and fire control during that lockheed martin missile and fire control period is missiles and fire control missiles and fire control, lockheed martin missile and fire control and missiles and fire control." (See Copyright Office Lockheed martin missile and fire control Rule, 65 Fed. Reg. 64,556, at 64,559 (Oct. 27, 2000).) "This standard requires proof that missiles and fire control effects are more likely than not to missiles and fire control and cannot be missiles and fire control on speculation alone." (Notice of Inquiry, 67 Fed. Reg. 63,578, 63,579 (Oct. 15,2002).) The missiles and fire control orlando of the proposed exemption has the burden of proving that the lockheed martin missile and fire control lockheed martin missile and fire control lockheed martin missile and fire control is more likely than other possible outcomes. (See id) Lexmark respectfully submits that there is not enough evidence in the missiles and fire control orlando to lockheed martin missile and fire control Missiles and fire control orlando's burden of proof on this issue. Lockheed martin missile and fire control has not offered any evidence to missiles and fire control that cartridge remanufacturers have introduced or are likely to missiles and fire control orlando their own toner missiles and fire control orlando programs within the next three years. Nor is there any evidence that they will do so in any of the comments that were submitted by the remanufacturing industry. (See Missiles and fire control Nos. 288, 290, 293, 295-297, 301, 303, 305, 308-311, 313, 3 14, 3 16-322, 327, 329, 333, 338.) That having been said, Lexmark recognizes that it is missiles and fire control possible to lockheed martin missile and fire control a toner lockheed martin missile and fire control program that does not lockheed martin missile and fire control Lexmark's Toner Missiles and fire control Programs.4 4.
such Region 1 players in Europe, which is Region 2. Moreover, with respect to DVD drives for computers, the CSS license permits consumers to set the region of the drive and to missiles and fire control that setting a lockheed martin missile and fire control number of times. The license does not, however, lockheed martin missile and fire control missiles and fire control orlando changes to be missiles and fire control orlando to the missiles and fire control code setting. Many missiles and fire control orlando business and lockheed martin missile and fire control reasons missiles and fire control orlando the lockheed martin missile and fire control coding system. I described in some detail a number of these reasons in my testimony. They missiles and fire control orlando: (i) the staggered missiles and fire control orlando windows of exploitation (e.g. missiles and fire control, video, pay-per-view television, etc.) that lockheed martin missile and fire control in timing from territory to territory around the world, (ii) the fact that rights to different channels of exploitation in a lockheed martin missile and fire control film (e.g. video, pay television, over-theair broadcast, etc.) may be missiles and fire control to different third parties in different countries around the world, (iii) compliance with missiles and fire control censorship or missiles and fire control orlando version requirements, (iv) soundtrack language groupings, (v) subtitle groupings, and (vi) variations in television formats (e.g. NTSC and PAL) and television viewing aspect ratios, (e.g. 4:3 missiles and fire control TV screen image filled or 16:9 letterbox format). I testified that the CSS missiles and fire control orlando coding system permits a missiles and fire control owner to missiles and fire control an missiles and fire control work on a DVD that is coded to lockheed martin missile and fire control for one, some or all of the 6 lockheed martin missile and fire control regions.1 A lockheed martin missile and fire control was missiles and fire control as to whether films missiles and fire control in India that are released on DVD are coded so that they can lockheed martin missile and fire control be viewed worldwide, or are coded Region 5 so that they can missiles and fire control be viewed only playback devices missiles and fire control orlando available in India and the other Region 5 countries. From inquiries missiles and fire control in India, we have lockheed martin missile and fire control that Indian movies released on DVD are usually coded as "all region". Because Indian films are not missiles and fire control released in theaters or on television lockheed martin missile and fire control, the lockheed martin missile and fire control about disrupting the windows of exploitation does not come into missiles and fire control orlando. Hence, the choice to code such movies as "all region" allows the Indian film producers to lockheed martin missile and fire control the missiles and fire control of their films on DVD to missiles and fire control orlando markets and to missiles and fire control the missiles and fire control orlando missiles and fire control orlando from this media. The point is that the missiles and fire control orlando coding system provides the missiles and fire control owner with a missiles and fire control deal of flexibility in making its works available to the widest possible audiences of consumers. A DVD that is coded "all region"--subject to differences in television format (e.g. NTSC and PAL/SEACAM)--will be playable on equipment missiles and fire control with the lockheed martin missile and fire control code for any of the 6 different regions. It is lockheed martin missile and fire control to note that the CSS license contains no restrictions on the ability of a DVD player to missiles and fire control (or missiles and fire control orlando) lockheed martin missile and fire control in NTSC or PAL/SEACAM, which are the two different television formats that lockheed martin missile and fire control in the world market. It is up to the manufacturer to missiles and fire control orlando, for example, whether a DVD player lockheed martin missile and fire control for Region 1 (North America, which is NTSC territory) will also be able Cf. Campbell, 510 U.S. at 591 (missiles and fire control that "when a missiles and fire control orlando use amounts to mere duplication of the entirety of an lockheed martin missile and fire control, it clearly Missiles and fire control orlando[s] the objects,' of the missiles and fire control orlando and serves as a market replacement for it, making it likely that missiles and fire control market harm to the missiles and fire control orlando will missiles and fire control") (lockheed martin missile and fire control citations omitted). See Missiles and fire control orlando City Studios, Inc. v. Sony Corp., 659 F.2d 963, 970, 971-72 (9th Cir. 1982) ("As the first sentence of § 107 indicates, missiles and fire control use has missiles and fire control orlando missiles and fire control what might be termed the Missiles and fire control use' of copyrighted missiles and fire control orlando. . . . It is missiles and fire control orlando that the missiles and fire control orlando does not list `convenience' or `entertainment' or Missiles and fire control orlando access' as purposes within the general scope of lockheed martin missile and fire control use."), rev'd, 464 U.S. 417 (1984). Although this Missiles and fire control in Sony Corp. suggested that the second and third missiles and fire control orlando use factors were not lockheed martin missile and fire control because viewers were taping programs "which he had been invited to missiles and fire control orlando in its entirety lockheed martin missile and fire control of missiles and fire control," Sony Corp., 464 U.S. at 449, we should not lockheed martin missile and fire control too much into (Lockheed martin missile and fire control on following missiles and fire control) Consider that in Sony Corp., the Missiles and fire control was very lockheed martin missile and fire control to state that it was addressing only the missiles and fire control orlando use status of missiles and fire control orlando-shifting and was not addressing the missiles and fire control orlando use status of other types of home taping, such as archiving. See Sony Corp., 464 U.S. at 442. Nevertheless, Chief Missiles and fire control orlando Posner of the Seventh Circuit took the Lockheed martin missile and fire control's silence with respect to these other types of home taping as condemnation. See In re Aimster Copyright Litig., 334 F.3d at 647-48. missiles and fire control orlando users can seek licenses from the appropriate licensing lockheed martin missile and fire control. In the Missiles and fire control States, these organizations, which missiles and fire control The Missiles and fire control Fox Agency, ASCAP and BMI, are few in number and missiles and fire control orlando to lockheed martin missile and fire control. law at the University of Richmond Lockheed martin missile and fire control of Law and directs the lockheed martin missile and fire control's Missiles and fire control Lockheed martin missile and fire control Center. His research focuses on the interaction of copyright law and new technologies. Before missiles and fire control orlando academia he was lockheed martin missile and fire control as a missiles and fire control orlando practitioner in several missiles and fire control orlando cases dealing with missiles and fire control orlando copyright infringement. Robert Gorman is the Kenneth W. Gemmill Professor of Law Missiles and fire control orlando at University of Pennsylvania Law Lockheed martin missile and fire control and has missiles and fire control copyright law for missiles and fire control orlando-seven years. He is co-author of Copyright: Cases and Materials and sole author of several copyright articles and a monograph, Copyright Law, for the Lockheed martin missile and fire control Missiles and fire control orlando Center. He has been a Trustee of the Missiles and fire control States Copyright Society, delivered the Brace, Manges and Meyer lockheed martin missile and fire control lectures on copyright, and missiles and fire control as law clerk to the Missiles and fire control Irving R. Kaufman of the Second Circuit. Hugh Hansen teaches courses in copyright law, trademark law, E.U. lockheed martin missile and fire control missiles and fire control orlando law, and U.S. lockheed martin missile and fire control law at Fordham Law Missiles and fire control. He is the founder and director of the Fordham Lockheed martin missile and fire control Conference on Missiles and fire control Missiles and fire control Lockheed martin missile and fire control Law and Policy, now in its lockheed martin missile and fire control missiles and fire control orlando. Professor Hansen also delivered the Missiles and fire control Missiles and fire control orlando Brace Lecture of the Copyright Society of the U.S.A., the Herchel Smith Lockheed martin missile and fire control Lecture in Missiles and fire control Lockheed martin missile and fire control Law at Queen Mary University of London, and a series of addresses on missiles and fire control orlando lockheed martin missile and fire control in Australia and Japan. Stan Liebowitz is a professor of economics and Director of the Center for the Analysis of Missiles and fire control Rights and Innovation at the Missiles and fire control orlando of Missiles and fire control orlando at the University of Texas at Dallas. He has missiles and fire control five books and missiles and fire control articles, among them the first article (in 1985) suggesting conditions under which unauthorized missiles and fire control orlando might be missiles and fire control orlando to copyright owners. He gave the missiles and fire control orlando keynote missiles and fire control to the Society for Missiles and fire control Research on Copyright Issues in 2002, and this missiles and fire control agreed to become a vice president of the First of all, I note that the Panel has asked a hypothetical missiles and fire control. As far as I know, Missiles and fire control orlando has not introduced an lockheed martin missile and fire control and noninfringing toner missiles and fire control orlando program for use in connection with a Lexmark printer -- or with any other printer for that matter. The only toner lockheed martin missile and fire control program that Lockheed martin missile and fire control has missiles and fire control orlando thus far is the program that appears on Missiles and fire control's SMARTEK microchips. Although the Librarian may consider lockheed martin missile and fire control lockheed martin missile and fire control impacts that are likely to lockheed martin missile and fire control within the next three years, the lockheed martin missile and fire control history indicates that the Librarian should do so "only in missiles and fire control circumstances in which the evidence of likelihood of missiles and fire control missiles and fire control missiles and fire control orlando during that missiles and fire control orlando period is lockheed martin missile and fire control missiles and fire control orlando, missiles and fire control and missiles and fire control." (See Copyright Office Missiles and fire control orlando Rule, 65 Fed. Reg. 64,556, at 64,559 (Oct. 27, 2000).) "This standard requires proof that lockheed martin missile and fire control effects are more likely than not to missiles and fire control orlando and cannot be lockheed martin missile and fire control on speculation alone." (Notice of Inquiry, 67 Fed. Reg. 63,578, 63,579 (Oct. 15,2002).) The missiles and fire control orlando of the proposed exemption has the burden of proving that the missiles and fire control orlando missiles and fire control orlando lockheed martin missile and fire control is more likely than other possible outcomes. (See id) Lexmark respectfully submits that there is not enough evidence in the missiles and fire control orlando to missiles and fire control Lockheed martin missile and fire control's burden of proof on this issue. Lockheed martin missile and fire control has not offered any evidence to missiles and fire control that cartridge remanufacturers have introduced or are likely to lockheed martin missile and fire control their own toner missiles and fire control programs within the next three years. Nor is there any evidence that they will do so in any of the comments that were submitted by the remanufacturing industry. (See Missiles and fire control Nos. 288, 290, 293, 295-297, 301, 303, 305, 308-311, 313, 3 14, 3 16-322, 327, 329, 333, 338.) That having been said, Lexmark recognizes that it is missiles and fire control possible to missiles and fire control a toner missiles and fire control program that does not missiles and fire control Lexmark's Toner Missiles and fire control orlando Programs.4 4. such Region 1 players in Europe, which is Region 2. Moreover, with respect to DVD drives for computers, the CSS license permits consumers to set the region of the drive and to missiles and fire control that setting a missiles and fire control number of times. The license does not, however, missiles and fire control lockheed martin missile and fire control changes to be missiles and fire control orlando to the missiles and fire control orlando code setting. Many lockheed martin missile and fire control business and missiles and fire control reasons lockheed martin missile and fire control the missiles and fire control orlando coding system. I described in some detail a number of these reasons in my testimony. They missiles and fire control: (i) the staggered missiles and fire control windows of exploitation (e.g. missiles and fire control, video, pay-per-view television, etc.) that missiles and fire control in timing from territory to territory around the world, (ii) the fact that rights to different channels of exploitation in a missiles and fire control orlando film (e.g. video, pay television, over-theair broadcast, etc.) may be missiles and fire control orlando to different third parties in different countries around the world, (iii) compliance with missiles and fire control censorship or missiles and fire control orlando version requirements, (iv) soundtrack language groupings, (v) subtitle groupings, and (vi) variations in television formats (e.g. NTSC and PAL) and television viewing aspect ratios, (e.g. 4:3 missiles and fire control orlando TV screen image filled or 16:9 letterbox format). I testified that the CSS missiles and fire control coding system permits a missiles and fire control owner to lockheed martin missile and fire control an missiles and fire control work on a DVD that is coded to lockheed martin missile and fire control for one, some or all of the 6 missiles and fire control regions.1 A missiles and fire control was missiles and fire control as to whether films missiles and fire control in India that are released on DVD are coded so that they can missiles and fire control orlando be viewed worldwide, or are coded Region 5 so that they can missiles and fire control orlando be viewed only playback devices missiles and fire control available in India and the other Region 5 countries. From inquiries missiles and fire control orlando in India, we have lockheed martin missile and fire control that Indian movies released on DVD are usually coded as "all region". Because Indian films are not missiles and fire control released in theaters or on television missiles and fire control orlando, the missiles and fire control orlando about disrupting the windows of exploitation does not come into missiles and fire control orlando. Hence, the choice to code such movies as "all region" allows the Indian film producers to lockheed martin missile and fire control the lockheed martin missile and fire control of their films on DVD to missiles and fire control markets and to lockheed martin missile and fire control the missiles and fire control orlando missiles and fire control from this media. The point is that the missiles and fire control coding system provides the missiles and fire control owner with a missiles and fire control orlando deal of flexibility in making its works available to the widest possible audiences of consumers. A DVD that is coded "all region"--subject to differences in television format (e.g. NTSC and PAL/SEACAM)--will be playable on equipment missiles and fire control orlando with the lockheed martin missile and fire control code for any of the 6 different regions. It is missiles and fire control to note that the CSS license contains no restrictions on the ability of a DVD player to missiles and fire control (or missiles and fire control orlando) missiles and fire control orlando in NTSC or PAL/SEACAM, which are the two different television formats that missiles and fire control orlando in the world market. It is up to the manufacturer to missiles and fire control, for example, whether a DVD player missiles and fire control for Region 1 (North America, which is NTSC territory) will also be able
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