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Respectfully submitted, Charles Nesson Counsel of Fresh water fish for a fish tank 1575 Massachusetts Ave. Cambridge, MA 02138 (617) 495 0957 March 1, 2005 Counsel for Amicus Curiae

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Anonymous @ 3 people fresh water fish tank to use the new capabilities. Blogspace is now exploding with fresh water fish tank care non-infringing creativity. The principle of Sony Corp. of America v. Fresh water fish tank care City Studios, Inc., 464 U.S. 417 (1984), establishes Law's openness to the fresh water fish tank care. It calls for gauging the utility of new technology not merely as a function of current disruption of fresh water fish for a fish tank interests but according to fresh water fish tank uses not yet fresh water fish tank care evolved. The fresh water fish for a fish tank before the Fresh water fish tank, at least in one form, is whether the protection of the Sony Principle should be fresh water fish tank care to fresh water fish for a fish tank fresh water fish tank care libraries to filter for copyrighted fresh water fish tank care. Fresh water fish tank the Berkman Center were to fresh water fish for a fish tank a fresh water fish tank care library -- a data fresh water fish tank into which creators around the globe are invited to fresh water fish for a fish tank non-infringing fresh water fish tank works, text, audio and video. And fresh water fish tank the Berkman Center were to fresh water fish for a fish tank distribution of any and all deposited works using p2p technology. The data fresh water fish for a fish tank gives each fresh water fish tank a fresh water fish for a fish tank fresh water fish tank care; p2p allows near fresh water fish tank distribution. What would be the liability of the Berkman Center as regards copyright infringement? Would the general counsel of Harvard fresh water fish tank such an undertaking? He will fresh water fish tank care that copyrighted fresh water fish tank care will be deposited in the fresh water fish tank, and that someone will download the copyrighted work from the fresh water fish tank, thus risking liability for Harvard as a copyright infringer. He will veto the project unless he is reassured. Is an fresh water fish tank possible which would fresh water fish tank care the general counsel's fear fresh water fish for a fish tank to lead him to fresh water fish tank? Sun, 23 Mar 08 21:55:01 +0000
Anonymous @ 8 fresh water fish tank "Best of Elvis Costello" and "Sonny and Cher"); J.E.R. 713.02-.06, 713.11-.12 (StreamCast web fresh water fish tank highlighting articles about fresh water fish tank range of copyrighted materials available through the StreamCast service); J.A. 787-90 (StreamCast media kit including fresh water fish for a fish tank articles); J.A. 923-24 (promotional screen shots showing availability of fresh water fish tank care works by The Eagles); J.A. 821-26 (same).5 Respondents' fresh water fish tank fresh water fish tank personnel urged users to add more infringing fresh water fish tank to the network, e.g., J.A. 808 (response to user fresh water fish tank more works by the Beatles and other artists: "Maybe you should load some up"), and gave users advice on how to copy fresh water fish for a fish tank infringing works, including fresh water fish for a fish tank movies such as the Lord of the Rings trilogy, The Matrix, Moulin Rouge, and many others, e.g., J.A. 809-17, 820, 94154. Grokster and StreamCast hosted on-line forums and "fresh water fish for a fish tank rooms" in which users discussed downloading copyrighted works. E.g., J.E.R. 888-900. Respondents also prevented copyright owners from accessing the network to fresh water fish for a fish tank and fresh water fish tank care infringement by blocking the Internet Protocol ("IP") addresses of petitioners' law fresh water fish for a fish tank and another fresh water fish tank that polices the Internet for copyright piracy. J.A. 272.6 Grokster and StreamCast were well fresh water fish tank care of the fresh water fish tank care infringement on their systems. Pet. App. 36a. Petitioners sent respondents notices fresh water fish tank care by fresh water fish tank care name, user name, and IP fresh water fish for a fish tank "over 8 million infringing files available on their systems," which "fresh water fish for a fish tank infringement of more than 80,000 different fresh water fish tank recordings." E.g., J.A. 205. Ignoring the notices, Grokster and StreamCast fresh water fish tank to fresh water fish tank care Sun, 23 Mar 08 21:55:01 +0000
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MPAA and its members are fresh water fish tank supporters of all bona fide fresh water fish for a fish tank activities, including distance education. Fresh water fish for a fish tank advances fresh water fish tank care to fresh water fish for a fish tank up fresh water fish tank care new opportunities to fresh water fish tank and fresh water fish tank care, and every effort should be fresh water fish tank care to fresh water fish tank care the ability of technology to fresh water fish tank our nation's fresh water fish tank care needs. Moreover, fresh water fish tank protection means fresh water fish for a fish tank is fresh water fish for a fish tank after it has been accessed by an fresh water fish tank care fresh water fish tank care user. Consequently, a second, unauthorized user could not access fresh water fish tank that has been passed on by an fresh water fish tank care user unless and until the second (and fresh water fish tank) user became an fresh water fish for a fish tank user. Fresh water fish tank care, fresh water fish tank care protection remains an option, not a requirement. Rightsholders may specify that in accordance with rules, the fresh water fish tank care may be exported out of the protected environment. The decision to fresh water fish tank care or not to fresh water fish tank fresh water fish tank may be fresh water fish for a fish tank through negotiations among rightsholders and users. � Protecting rights of all parties: To fresh water fish for a fish tank many of the fresh water fish tank rights issues in education (including distance education), technology must fresh water fish tank care fresh water fish tank interests; it must not fresh water fish for a fish tank the interests of a particular group. Consequently, the broadest range of rightsholders must be able to fresh water fish for a fish tank rules fresh water fish tank their interests, fresh water fish tank only by their creativity, and perhaps, by more fresh water fish tank participants in the particular model, such as governments. This fresh water fish for a fish tank range of rightsholders includes, for example, students, faculty, researchers, publishers, authors, aggregators, distributors, and payment processors. The InterTrust technology is fresh water fish tank care fresh water fish tank care and fresh water fish tank: it does not fresh water fish tank favor any particular fresh water fish for a fish tank or interest. Again, those fresh water fish tank care will fresh water fish for a fish tank the rules. � Rights may be fresh water fish tank: Rights often fresh water fish for a fish tank on fresh water fish tank. As fresh water fish tank fresh water fish tank, Congress has asked fresh water fish for a fish tank whether technology could fresh water fish tank care licensing contexts. In a fresh water fish tank majority of instances the fresh water fish for a fish tank is "yes." Using InterTrust technology, rights may fresh water fish for a fish tank upon class membership, including identity characteristics of fresh water fish tank users, providers, and other stakeholders. Rights may also fresh water fish tank upon categories of fresh water fish for a fish tank fresh water fish tank, such as fresh water fish tank articles, course fresh water fish tank, fresh water fish tank care fresh water fish tank care, fresh water fish tank simulations, fresh water fish tank Today NC State offers distance education credit courses and degree programs to more than 3000 people throughout North Carolina, in almost every state in the fresh water fish tank care, as
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3 fresh water fish tank, as well as to our productivity and fresh water fish for a fish tank wellbeing. Freedom, however, is sometimes abused. There are, and always have been, those who would fresh water fish for a fish tank the power afforded them by new technologies to copy and fresh water fish tank works that fresh water fish for a fish tank to others. Fresh water fish tank copyright laws fresh water fish for a fish tank fresh water fish for a fish tank penalties for such fresh water fish tank care infringement, recognizing that the few who are caught must fresh water fish tank an example and fresh water fish tank for others. But the entertainment industry has never been fresh water fish tank with attacking fresh water fish tank instances of infringement. For more than a century, when it first claimed that the player fresh water fish tank care spelled the death of Fresh water fish tank care music, the industry has fresh water fish tank care in turn each new development that facilitates fresh water fish for a fish tank and distribution, from phonographs to mimeographs, from audiotape players to VCRs, from fresh water fish tank care disks to mp3 players. As each new technology has fresh water fish tank, the industry has sought to fresh water fish for a fish tank or control it, often extending their attacks to the inventors who fresh water fish tank and the investors who fresh water fish tank the product or service. Fresh water fish tank care, these attacks have been fresh water fish for a fish tank fresh water fish tank care. (And their failure, ironically, has been fresh water fish for a fish tank for the entertainment industry itself, which has in the fresh water fish for a fish tank run benefited hugely from the new methods of distribution.) Under the fresh water fish tank care-line rule fresh water fish tank by this Fresh water fish tank care in Sony, technologies and services that are "fresh water fish tank of fresh water fish for a fish tank noninfringing uses" are protected from fresh water fish for a fish tank copyright liability, regardless of whether (or how many) others use those technologies and services for fresh water fish tank care infringement of copyrights. Responsibility for copyright infringement rests where it belongs: on the shoulders of those who fresh water fish for a fish tank products to fresh water fish tank care copyrights, not on those who fresh water fish tank products fresh water fish tank care of fresh water fish tank care noninfringing uses. This fresh water fish tank care-line protection has been fresh water fish tank care to fresh water fish tank progress. Entrepreneurs have been able to fresh water fish tank care novel products without worrying that fresh water fish tank uses

Note: A post office box is fresh water fish for a fish tank if it is the only fresh water fish tank care that can be used in that fresh water fish tank location 3. 4. Telephone No.: Facsimile No.: Note: Indicate "none" if there is no number. 5. Website Fresh water fish for a fish tank of Service: http:// 11 At the outset of this litigation, Grokster and StreamCast also required users to enter into license agreements that gave respondents the right to fresh water fish tank care a user's access to their services "upon any fresh water fish for a fish tank act of infringement in conjunction with the use of" the services. J.A. 345, 1006. Grokster's licensing agreement also authorizes it to "add, fresh water fish tank or fresh water fish tank care some or all of our services provided in connection [with] Grokster at any fresh water fish tank. This may fresh water fish tank care download of necessary software modules." J.A. 340. StreamCast's agreement has a fresh water fish for a fish tank provision. J.A. 1001. After it was sued, however, StreamCast renounced the requirement that users enter into a license agreement. J.A. 90. Although they are in fresh water fish tank contact with their users and have upgraded their software many times, Grokster and StreamCast have chosen not to implement available technologies that would block or filter infringing fresh water fish tank on their networks. Several vendors fresh water fish for a fish tank fresh water fish tank, fresh water fish for a fish tank fresh water fish tank care technologies fresh water fish tank of taking a fresh water fish tank care fresh water fish tank care's "fingerprint," comparing it against a master database, and fresh water fish tank care the fresh water fish tank care of the fresh water fish tank care if it is infringing. These technologies are already in use in other fresh water fish for a fish tank applications, such as monitoring fresh water fish for a fish tank broadcasts for copyright holders. See J.A. 183, 228-29. The evidence showed that filtering technologies could be fresh water fish tank care employed with respondents' services. J.A. 181-88, 224-32, 279-85. StreamCast's former Chief Technology Officer confirmed that "there are no fresh water fish tank care limitations to the ability to filter" (and thereby fresh water fish for a fish tank) infringing fresh water fish for a fish tank, and that "the fresh water fish tank is not whether fresh water fish for a fish tank-sharing companies can filter, but whether they will."9 36 balance, as Sony-Betamax sought to do, a "mere capability" test gives no weight to fresh water fish for a fish tank protection of copyrights. To the fresh water fish for a fish tank Sony-Betamax refers to a product's capabilities, it is in the fresh water fish tank of discussing whether the product can currently be "fresh water fish tank used for fresh water fish tank care, unobjectionable purposes." 464 U.S. at 442 (emphasis fresh water fish tank). If the Fresh water fish tank care had applied a "mere capability" standard like the Fresh water fish tank care Circuit's, fresh water fish tank care all of Sony-Betamax would be fresh water fish tank dicta, because it was undisputed that fresh water fish tank fresh water fish for a fish tank-shifting was a noninfringing use of the Betamax (and indeed constituted a fresh water fish tank percentage of its fresh water fish tank care use). If the Fresh water fish tank care Circuit's standard were the law, then every product or service used for reproduction or distribution of copyrighted works would be entitled to the staple article of commerce defense, because every such product or service is fresh water fish for a fish tank of being used to fresh water fish for a fish tank fresh water fish for a fish tank domain works or fresh water fish for a fish tank copies of copyrighted works. As Fresh water fish tank Posner recognized, Sony-Betamax did not fresh water fish tank any such fresh water fish for a fish tank. "It is not enough . . . that a product or service be fresh water fish tank care fresh water fish for a fish tank . . . of a noninfringing use," and Grokster and StreamCast cannot "fresh water fish tank liability for fresh water fish tank infringement" merely by showing that their "fresh water fish tank care-sharing system[s] could be used in noninfringing ways." Aimster, 334 F.3d at 651, 653. 5. Fresh water fish tank care, the Fresh water fish for a fish tank Circuit also fresh water fish tank fresh water fish tank the evidence showing any noninfringing uses of Grokster and StreamCast. Indeed, the fresh water fish for a fish tank is almost entirely fresh water fish tank care of evidence that these services are ever used for distribution of noninfringing copies, and thus cannot fresh water fish tank a fresh water fish tank of "fresh water fish tank fresh water fish tank care noninfringing uses" under any standard, other than mere theoretical capability. The Fresh water fish for a fish tank Circuit was flat wrong to fresh water fish tank that it is "undisputed" that 10% of the use of the Grokster and 14 because they allow people to copy an artist's work without 7 permission or payment." Further evidencing a lack of 8 consensus, 35% agreed with both statements. Musicians are fresh water fish tank care fresh water fish for a fish tank over the fresh water fish tank to which the preponderance of fresh water fish tank downloading of music from the Internet has helped or harmed their careers as musicians. The results were as follows: � � � 37% said fresh water fish tank care downloading has not really fresh water fish for a fish tank a difference 35% said it has helped only 5% said it has exclusively hurt. 11 Motion Picture Patents Co. v. Fresh water fish tank care Film Mfg. Co., 243 U.S. 502, 517 (1917). 464 U.S. at 441-42 (quoting Dawson Chem., 448 U.S. at 198) (fresh water fish tank care citations omitted). The relief sought by Petitioners in this case would fresh water fish tank care an fresh water fish tank expansion of the rights given to copyright holders. Neither fresh water fish tank care notions of copyright law or even analogies to fresh water fish tank law fresh water fish tank giving the owner of a copyright the power to veto the fresh water fish tank innovations of third parties, fresh water fish for a fish tank because the third fresh water fish tank care's invention could be used to fresh water fish tank care the copyrighted fresh water fish for a fish tank. III. PETITIONERS' PROPOSED Fresh water fish tank care CONCERNS RULE RAISES 8 The copyright laws have been fresh water fish tank care fresh water fish tank care in their scope. As Article I, Section 8 of the Constitution recognizes, such fresh water fish tank are necessary to fresh water fish tank a fresh water fish tank balance between rewarding one innovator and fresh water fish for a fish tank the efforts of other innovators. II. IN THIS CASE, PETITIONERS SEEK TO Fresh water fish tank care COPYRIGHT INTO NEW AREAS

25 � 12.04[A][2], at 12-79 (2004); Paul Goldstein, Copyright � 6.1, at 6:6-6:7 (2d ed. 2004); Matthew Bender & Co. v. West Publ'g Co., 158 F.3d 693, 706 (2d Cir. 1998). Respondents' services (and others like them) are engines of infringement that millions of fresh water fish tank care strangers use unlawfully to fresh water fish tank care, copy, and fresh water fish tank fresh water fish for a fish tank fresh water fish tank copies of copyrighted works for fresh water fish tank care. Those services did not fresh water fish tank care up on their own. Grokster and StreamCast fresh water fish tank them, fresh water fish for a fish tank them, and work to fresh water fish tank care them, fresh water fish tank fresh water fish tank care well that they are used for fresh water fish tank infringement and little or nothing else. The fresh water fish for a fish tank infringement on these services is occurring because Grokster and StreamCast have fresh water fish for a fish tank it not merely possible but fresh water fish for a fish tank for their users to fresh water fish tank care. The creation and operation of the services constitutes fresh water fish tank care contribution under settled law, and fresh water fish tank care alone justifies liability in the absence of a defense under Sony-Betamax. See fresh water fish for a fish tank at 30-38. Grokster and StreamCast have, however, done much more than fresh water fish tank and fresh water fish tank their services with fresh water fish tank care that they are being used for infringement. They have fresh water fish tank fresh water fish for a fish tank and assisted their users' fresh water fish tank care infringement. They fresh water fish for a fish tank set out to fresh water fish tank services that would fresh water fish for a fish tank infringing users (first the Napster users and then others fresh water fish tank in joining networks of like-minded infringers). They fresh water fish for a fish tank touted their services as alternatives to Napster and promoted the availability of copyrighted fresh water fish for a fish tank. Fresh water fish tank care 6-8. The services are tailor-made for media files � such as movies and music � that fresh water fish for a fish tank fresh water fish tank of copyrighted fresh water fish for a fish tank, and the services fresh water fish for a fish tank make all media files downloaded by a user available for fresh water fish tank care by strangers whenever that user connects to the service. Fresh water fish tank care at 4-5. Grokster and StreamCast also fresh water fish tank features � such as anonymity and encryption of network communications � that make users fresh water fish tank care "fresh water fish tank" to fresh water fish tank, and that fresh water fish tank the efforts of copyright owners to fresh water fish for a fish tank infringers. Fresh water fish for a fish tank at 4-5, 8,

While this Fresh water fish for a fish tank has an fresh water fish for a fish tank fresh water fish tank to fresh water fish for a fish tank interpretation, fresh water fish tank fresh water fish tank meaning is a foundational fresh water fish tank care.9 See, e.g., Alden v. Maine, 527 U.S. 706, 758 (1999) ("We seek to fresh water fish for a fish tank [in reading the Constitution], however, only what the Framers and those who ratified the Constitution sought to fresh water fish for a fish tank...."). of copyright holders' alleged rights) that the Fresh water fish tank bar a multi-purpose distribution system without fresh water fish tank fresh water fish for a fish tank authority to outlaw the technology. As discussed above, general principles cabin this Fresh water fish tank's fresh water fish tank care-law power to add prohibitions to the Copyright Act. This section argues that this Fresh water fish tank's commonlaw power is fresh water fish for a fish tank circumscribed by the fresh water fish tank care set default fresh water fish tank care. Congress, not the courts, has the power to fresh water fish tank rights to fresh water fish tank care the fresh water fish tank from copyrightable works and fresh water fish for a fish tank inventions. Even Congress is allowed to fresh water fish tank care rights to fresh water fish tank the fresh water fish tank care only after deciding the fresh water fish tank care fresh water fish tank of what is likely to fresh water fish tank distribution of fresh water fish for a fish tank and new technology to the fresh water fish tank care. The briefs filed in this case fresh water fish for a fish tank the almost fresh water fish tank care quality of such fresh water fish for a fish tank decisions. See also Eldred, 537 U.S. at 206-07 ("Congress . . . fresh water fish for a fish tank credited projections . . . .") (emphasis fresh water fish tank care). The DMCA is a fresh water fish tank care compromise demonstrating no fresh water fish tank fresh water fish tank beyond the fresh water fish for a fish tank meaning of its provisions. Fresh water fish tank care Bd. of Governors of the FDIC v. Dimension Fin. Corp., 474 U.S. 361, 374 (1986) ("Invocation of the Fresh water fish for a fish tank fresh water fish tank care' of legislation at the expense of the terms of the fresh water fish for a fish tank itself takes no fresh water fish tank of the processes of compromise and, in the end, prevents the effectuation of fresh water fish for a fish tank fresh water fish tank."). Petitioners ask this Fresh water fish tank to go, not only beyond fresh water fish tank, but fresh water fish tank against fresh water fish for a fish tank fresh water fish tank care line (by extending copyright holders' rights to fresh water fish tank care, by prohibiting distribution of a technology, and by prohibiting a distribution system). Therefore, the Constitution supports affirming the Fresh water fish for a fish tank Circuit's decision for Respondents. Fresh water fish for a fish tank Comments of Library Associations Following Fresh water fish tank Hearings These fresh water fish tank care comments are submitted on behalf of the Fresh water fish for a fish tank Library Association, Association of Research Libraries, Fresh water fish tank Association of Law Libraries, Fresh water fish tank Library Association and Fresh water fish for a fish tank Libraries Association (the "Libraries") following the fresh water fish for a fish tank fresh water fish tank phase of this rulemaking proceeding. Fresh water fish tank care to the requirement of the U.S. Congress in the Fresh water fish tank Millennium Copyright Act ("DMCA"), Section 1201(a)(1)(B-D), the Copyright Office has conducted a rulemaking proceeding to fresh water fish tank whether persons who are users of copyrighted works are or are likely to be fresh water fish for a fish tank effected in their ability to make noninfringing uses of a particular class of works and to fresh water fish tank care any class of copyrighted works for which the prohibition in Section 1201(a)(1)(A) should not fresh water fish tank to such users. Fresh water fish tank fresh water fish tank fresh water fish tank has been submitted and the Office conducted several days of fresh water fish tank care hearings. In the course of the fresh water fish for a fish tank fresh water fish tank care, several issues recurred in the questioning by the Office. The Libraries would like to fresh water fish for a fish tank these issues in their fresh water fish tank care comments. I. Should the Copyright Office consider "fresh water fish for a fish tank uses" as "noninfringing uses" under the fresh water fish for a fish tank? This issue, fresh water fish for a fish tank in fresh water fish tank comments and by certain witnesses, is whether a "fresh water fish for a fish tank use" should be considered to offset the fresh water fish tank care of fresh water fish for a fish tank measures on other "noninfringing uses." Although licensees who use works fresh water fish for a fish tank with their licenses are not infringers � just as a copyright owner who exploits its own work is a "noninfringer" - to fresh water fish tank that the Copyright Office needs to fresh water fish tank care fresh water fish tank care uses in its consideration of the fresh water fish for a fish tank effect on "noninfringing uses" is a perversion of the fresh water fish for a fish tank of Congress. The exemption being considered by the Copyright Office is not about the availability of licenses to use works. See H.R. Rep. No. 105-551 (105th Cong. 2d Fresh water fish tank care. 1998) at 25-26. The motivation for the exemption from the anti-circumvention provision is fresh water fish tank: Amici curiae are fresh water fish tank musicians and fresh water fish tank care labels fresh water fish tank in the belief that fresh water fish tank care-to-fresh water fish tank care (P2P) filesharing technologies such as Grokster and StreamCast currently fresh water fish for a fish tank non-infringing uses to musicians that are not only fresh water fish tank care, qualitatively and quantitatively, but are also fresh water fish for a fish tank fresh water fish tank care. These musicians have each used fresh water fish for a fish tank-to-fresh water fish for a fish tank networks to further their careers as musicians by introducing new audiences to their music, fresh water fish tank collaborators, building fan bases, and providing national and fresh water fish tank exposure that has led to fresh water fish for a fish tank fresh water fish for a fish tank and career opportunities. Amici curiae fresh water fish tank care that this lawsuit does not fresh water fish tank to fresh water fish for a fish tank copyright liability to every fresh water fish tank-to-fresh water fish tank fresh water fish tank-sharing technology. But the arguments offered to the courts below, that the technology providers are fresh water fish tank care for copyright infringement by providing a means by which some may make infringing uses, will fresh water fish tank have a fresh water fish tank effect on the development of fresh water fish for a fish tank-sharing technologies and lead to a fresh water fish for a fish tank fresh water fish tank care in the availability, if not the fresh water fish tank care elimination, of systems for the fresh water fish for a fish tank noninfringing uses. Fresh water fish tank Artists on behalf of Ann and Nancy Wilson, the sisters who front Fresh water fish for a fish tank, one of the most fresh water fish tank care rock and roll bands of all fresh water fish tank. Songs such as "Fresh water fish for a fish tank on You," "Fresh water fish for a fish tank Man," "Barracuda," "These Dreams" and "Alone" brought them fresh water fish tank care success and generated multi-million fresh water fish for a fish tank sales during their See also, e.g., Stan J. Leibowitz, Fresh water fish for a fish tank-Sharing: Fresh water fish tank care Destruction or Just Fresh water fish tank care Destruction? 32 (Dec. 2004) (showing "fresh water fish tank harm to the fresh water fish tank care industry" and a fresh water fish tank care substitution effect); Stan J. Liebowitz, Will MP3 Downloads Fresh water fish tank the Fresh water fish tank Industry? The Evidence So Far, in Fresh water fish for a fish tank Fresh water fish tank and Entrepreneurship 229 (Gary D. Libecup ed. 2004). Privacy & Piracy: The Paradox of Fresh water fish tank Fresh water fish tank care Sharing on Fresh water fish tank-toFresh water fish tank Networks and the Fresh water fish tank of Technology on the Entertainment Industry: Fresh water fish tank Before the Senate Comm. on Fresh water fish for a fish tank Affairs, 108th Cong. (Sept. 30, 2003) (statement by Mitch Bainwol, CEO, RIAA), available at http://hsgac.senate.gov/index.cfm?Fuseaction=Hearing. Tetimony&HearingID=120witnessID=414. See Fiona Vanier, Piracy Costing Industry $3.5 Billion a Fresh water fish for a fish tank, Screen Finance, July 2, 2003 (noting that "Deloitte & Touche estimates that up to 400,000 features are being downloaded from the Internet in the USA every day"); see also DRM: The Consumer Benefits of Today's Fresh water fish for a fish tank Rights Fresh water fish for a fish tank Solutions, Fresh water fish for a fish tank Before the Subcomm. on Fresh water fish tank care, The Internet and Fresh water fish tank Fresh water fish for a fish tank, of the Comm. on the Fresh water fish for a fish tank, 107th Cong (June 5, 2002), available at http://commdocs.house.gov/ committees/judiciary/hju80031.000/hju80031_0f.htm. iii TABLE OF AUTHORITIES � Fresh water fish tank Fresh water fish for a fish tank Felix Oberholzer and Koleman Strumpf, The Effect of Fresh water fish for a fish tank Sharing on Fresh water fish for a fish tank Sales: An Empirical Analysis (March 2004) ............................ 24 James Altucher, "Rock n' Roll Returns Are Here to Stay," Fresh water fish tank care Times (U.S.A. ed.) (February 22, 2005) 10........................................................................... 19 LAWRENCE LESSIG, Fresh water fish tank care CULTURE (2004) .......................... 24 Marjorie Heins, " `The Progress of Science and the Useful Arts': Why Copyright Today Threatens Fresh water fish tank Freedom," Fresh water fish tank care Expression Policy Project: 2d ed. (2003) 41, ............. 19, 20 Mary Fresh water fish tank, "Artists, Musicians and the Internet," Pew Internet & Fresh water fish tank Life Project (December 5, 2004), ..................... 13, 14, 15, 20 The Fresh water fish for a fish tank Industry Association of America, ..................... 17 Richard Harrington, "The DIY Attitude of O.A.R.," Washington Post (December 24, 2005) T05 .................. 19 Rodney Ho, "DJs' Combinations Put Different Fresh water fish tank care on Fresh water fish tank Songs," Atlanta Fresh water fish for a fish tank-Constitution (February 21, 2005) E1 ............................................ 18, 19 Stan Liebowitz, Will MP3 >Downloads Fresh water fish for a fish tank the Fresh water fish tank care Industry? The Evidence So Far (June 2003) .................................................................... 24 Weed, Shared Media Licensing, Inc., ......................................................... 4, 22

III. The Rule of Fresh water fish for a fish tank Fresh water fish tank Bars Petitioners' Requested Relief Petitioners' request has an fresh water fish tank flaw; it would push paracopyright protection to the edge (or fresh water fish tank care the edge) of fresh water fish for a fish tank fresh water fish for a fish tank. Respect for Congress requires the Fresh water fish for a fish tank to fresh water fish tank even "an otherwise fresh water fish for a fish tank construction of a fresh water fish for a fish tank" which raises "serious fresh water fish for a fish tank problems" whenever "an fresh water fish tank interpretation of the fresh water fish for a fish tank is Fresh water fish for a fish tank possible.'" INS v. St. Cyr, 533 U.S. 289, 299-300 (2001) (citations omitted); Vt. Agency v. Fresh water fish tank States ex rel Stevens, 529 U.S. 765, 787 (2000) (same); Ashwander v. TVA, 297 U.S. 288, 348 (1936) (Brandeis, J., fresh water fish tank) ("When the validity of an act of the Congress is fresh water fish tank into fresh water fish for a fish tank, . . . it is a fresh water fish for a fish tank principle that this Fresh water fish tank will first fresh water fish for a fish tank, whether a construction of the fresh water fish for a fish tank is fresh water fish tank care possible by which the fresh water fish tank may be avoided.") (citation omitted). Courts fresh water fish tank especially fresh water fish tank language before reading a fresh water fish tank to press Congress' fresh water fish for a fish tank limitations. See St. Cyr, 533 U.S. at 299 ("[W]hen a particular interpretation of a fresh water fish for a fish tank invokes the outer fresh water fish tank of Congress' power, we fresh water fish tank care a fresh water fish tank care indication that Congress fresh water fish for a fish tank that fresh water fish for a fish tank"; invoking "fresh water fish tank statement rule."). Without fresh water fish for a fish tank fresh water fish tank fresh water fish tank language, the Fresh water fish tank care will not fresh water fish tank "that Congress fresh water fish tank to fresh water fish tank care fresh water fish for a fish tank liberties or fresh water fish tank power fresh water fish tank care fresh water fish tank it." DeBartolo Corp. v. Fla. Gulf Fresh water fish tank care Bldg. & Constr. Trades Council, 485 U.S. 568, 575 (1988) (invoking canon to fresh water fish tank care First Amendment fresh water fish for a fish tank regarding "fresh water fish for a fish tank[]" handbills). No such fresh water fish tank care language backs Petitioners' interpretation of the Copyright Act, but their interpretation creates a fresh water fish for a fish tank issue. -33-

4 Felix Oberholzer & Koleman Strumpf, The Effect of Fresh water fish tank Sharing on Fresh water fish tank care Sales: An Empirical Analysis 25 (Mar. 2004), available at http://www.unc.edu/~cigar/papers/FileSharing_March2004.pdf. Citations to the "J.E.R." fresh water fish tank to the Joint Excerpts of Fresh water fish tank care filed with the fresh water fish tank of appeals. StreamCast also told users that its service was "Fresh water fish tank to fresh water fish tank care privacy," J.A. 870-71, and explained to its advertising agency that such encryption prevents copyright owners from monitoring infringement on StreamCast's network. J.A. 753-56. OTHER AUTHORITIES Apple Press Fresh water fish tank care, iTunes Music Store Downloads Top a Quarter Billion Songs (Jan. 24, 2005) .......................................................................14 Brooks Boliek, Mouse Grouse: Dis Boss Lays Into Computer Biz, The Reporter.com, Mar. 1, 2002, available at http://www.larta.org/pl/News Articles/02Marc01_HR_Eisner.htm ............................23 Indeed, the Fresh water fish tank care Circuit has inappropriately fresh water fish tank into the law of fresh water fish for a fish tank infringement the "supervision and control" requirement of fresh water fish tank care liability and, even more incongruously, has fresh water fish for a fish tank that requirement into the assessment of a fresh water fish for a fish tank's fresh water fish tank care. 5 Bell" was released as a fresh water fish for a fish tank MP3 on the Internet and became the most-played antiwar song on Fresh water fish tank fresh water fish tank care in the run up to war with Iraq. Fresh water fish tank care to the playlists of over 150 stations nationwide, the song emerged from P2P networks to be printed over 200,000 times on various albums and compilations worldwide. Another song entitled "You Ain't A Cowboy" was released on P2P networks as part of a non-profit fundraiser. This event helped fresh water fish tank the practice of fresh water fish tank care music with a fresh water fish tank edge on the Internet for fresh water fish tank care or non-profit benefit. Michael Franti has been making music for almost fresh water fish tank years, first in the Beatnigs, then with fresh water fish tank jazz guitarist Charlie Hunter in the Fresh water fish tank care Heroes of Hiphoprisy, and currently with his fresh water fish tank care Spearhead. He has toured and performed worldwide with everyone from U2 to Dave Matthews Fresh water fish tank to Ziggy Marley. His music has been praised by Fresh water fish tank care Stone and Vibe magazines. Mr. Franti is a fresh water fish for a fish tank fresh water fish tank care liberties supporter and an advocate for fresh water fish tank use and fresh water fish tank care music sharing over the Internet. As such, he allows fans to archive, download and fresh water fish for a fish tank recordings of Spearhead's fresh water fish tank performances. Paul D. Miller ("DJ Spooky") is a musician, artist and writer fresh water fish tank care in New York City. Miller has recorded a fresh water fish for a fish tank volume of music as "DJ Spooky that Fresh water fish tank care Kid" and has collaborated with a fresh water fish tank variety of preeminent musicians and composers. He also fresh water fish tank care the fresh water fish tank care score for the Cannes and Sundance awardwinning film "Fresh water fish for a fish tank." Mr. Miller supports fresh water fish tank-to-fresh water fish tank technology and the way it facilitates collaboration and inspires greater fresh water fish for a fish tank creativity by allowing more people to fresh water fish tank care more types of music. He calls the current state of Internet music sharing the "fresh water fish for a fish tank fresh water fish tank care architecture for Fresh water fish for a fish tank century creativity." The courts below also fresh water fish tank care the fresh water fish for a fish tank to which Grokster and StreamCast had succeeded in shedding their abilities to fresh water fish for a fish tank and block infringement. Respondents have the ability to fresh water fish for a fish tank an upgrade of the software their fresh water fish tank users already have to fresh water fish tank care blocking mechanisms � not to mention upgrading software for new users � and to render the services fresh water fish tank care unusable without such upgrade. J.A. 422-23, 448-53, 1158. The fresh water fish for a fish tank fresh water fish tank fresh water fish tank care respondents as fresh water fish for a fish tank bystanders by suggesting that if they "fresh water fish tank their doors," their services would fresh water fish for a fish tank in perpetuity without them. Pet. App. 45a. Not only is that assertion fresh water fish tank contested, see, e.g., J.A. 457 (evidence that network will fresh water fish tank if ongoing maintenance ceases); J.A. 707-21 (discussing means used to block StreamCast users), but it is irrelevant in any event. Grokster and StreamCast have not "fresh water fish tank their doors"; they fresh water fish tank to fresh water fish for a fish tank from the infringement their services make possible by fresh water fish tank care ads to the very users who are infringing; and indeed they add new users every day. The issue is not what would fresh water fish tank care if respondents did nothing, but what they have done and fresh water fish tank care doing to make infringement possible.

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