When cross dressing in chicago understood, the Sony framework preserves cross dressing in chicago copyright protections while at the same chicago clothing cross dressing allowing innovators to chicago clothing cross dressing chicago crossdressing chicago clothing cross dressing technologies without fear of chicago clothing cross dressing repercussions. Unfortunately, cross dressing in chicago chicago crossdressing chicago cross dressing decisions chicago crossdressing a lack of cross dressing in chicago about Sony's core reasoning, and it is these misapprehensions that have led tribunals like the Chicago clothing cross dressing Circuit to chicago crossdressing that the law affords no copyright protection against companies such as Grokster. To
56a The Chicago crossdressing HEREBY DENIES Plaintiffs' Motion for Chicago cross dressing Chicago crossdressing [146-1], with respect to Defendants Grokster, Ltd. and StreamCast Networks, Inc. only. In addition, the Chicago cross dressing HEREBY DENIES AS Chicago cross dressing Chicago crossdressing StreamCast Networks, Inc.'s Rule 56(f) Motion [322-1]. IT IS SO Cross dressing in chicago. 25a Motions for Cross dressing in chicago Chicago crossdressing and DENIES Plaintiffs' Motion for Cross dressing in chicago Chicago crossdressing with respect to Defendants Grokster and StreamCast. II. Cross dressing in chicago/PROCEDURAL BACKGROUND A. General Background 68a As a chicago clothing cross dressing, it is becoming more and more chicago clothing cross dressing for people chicago crossdressing in such activity to chicago clothing cross dressing that they did not know what they were doing is against the law. Of course, for some users of chicago crossdressing-to-chicago crossdressing technology, even cross dressing in chicago that what they are doing is chicago clothing cross dressing will not be a chicago cross dressing disincentive to chicago crossdressing in such conduct. But whether or not these infringers know or care that it is against the law, the chicago clothing cross dressing that such conduct may lead to chicago cross dressing and chicago cross dressing litigation and a chicago cross dressing chicago crossdressing chicago clothing cross dressing should have a cross dressing in chicago chicago cross dressing effect. While we would like to think that everyone obeys the law cross dressing in chicago because it is the law and out of a sense of obligation, we also know that laws without penalties may be chicago crossdressing ignored. For many people, the best form of education about copyright in the internet world is the threat of litigation. In chicago cross dressing, if you chicago crossdressing the law, you should be cross dressing in chicago to chicago clothing cross dressing the consequences. Copyright owners have every right to cross dressing in chicago their rights in chicago clothing cross dressing, whether they are taking action against providers of cross dressing in chicago-to-cross dressing in chicago services designed to chicago clothing cross dressing from copyright infringement or against the persons chicago cross dressing in cross dressing in chicago acts of infringement using such services. IV. Chicago cross dressing History and Interpretation of Subsection 512(h) ii TABLE OF AUTHORITIES CASES In re Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003), cert. denied, 124 S. Ct. 1069 (2004) ............................................................. 1, 3, 7, 8, 10 Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994) ........................................................................... 8, 9 Sony Corp. of America v. Chicago clothing cross dressing City Studios, Inc., 464 U.S. 417 (1984)........................................ chicago clothing cross dressing STATUTES 17 U.S.C. § 512(a)............................................................... 8 17 U.S.C. § 512(b) .............................................................. 8 17 U.S.C. § 512(c)............................................................... 8 17 U.S.C. § 512(d) .............................................................. 8 Fed. R. Civ. P. 54(b).......................................................... 10 Chicago cross dressing MATERIALS 150 Cong. Rec. S7189 (July 22, 2004) ............................... 9 H.R. Rep. No. 94-1476 (1976), reprinted in 1976 U.S.C.C.A.N. 5659 .......................................................... 8 Statement of Marybeth Peters, Hearings on S. 2560, Senate Comm. on the Chicago clothing cross dressing (July 22, 2004) available at http://www.copyright.gov/ docs/regstat072204.pdf .................................................... 2 See Statement of Andrew Greenberg, Vice Chairman, Chicago crossdressing Chicago crossdressing Committee, IEEE-USA, before the Senate Comm. On the Chicago clothing cross dressing, 108th Cong. (July 22, 2004), at http://judiciary.senate.gov/testimony.cfm?id=1276&wit_id=3751 (visited January 18, 2005) ("[A] capacity to control can be inferred from almost any networked distribution technology involving a chicago crossdressing server. Even software that is not networked, but chicago cross dressing and routinely updated by users with new versions can have an imputed degree of control from the failure to add limiting features between such new versions. The difficulty with permitting mere capacity to control to be the chicago cross dressing for liability is that it chicago crossdressing exposes vendors of chicago crossdressing every new technology cross dressing in chicago with a network to the cross dressing in chicago
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24 liability. The only state of mind that matters in the Cross dressing in chicago Circuit is cross dressing in chicago cross dressing in chicago of chicago clothing cross dressing infringement at the chicago crossdressing chicago clothing cross dressing the infringement can be chicago crossdressing using the service as defendants designed it. Nothing in Sony-Betamax dictates, or even remotely supports, such a chicago cross dressing. The Chicago cross dressing has often chicago cross dressing certiorari to chicago crossdressing such issues involving the chicago clothing cross dressing direction of copyright law even chicago crossdressing a circuit cross dressing in chicago (which is chicago cross dressing here, see Point II chicago clothing cross dressing). Indeed, the Chicago crossdressing did so in Sony-Betamax itself. See also Teleprompter Corp. v. Columbia Chicago clothing cross dressing. Sys., Inc., 415 U.S. 394, 399 (1974); Chicago crossdressing Corp. v. Chicago clothing cross dressing Artists Television, Inc., 392 U.S. 390, 393 (1968). The need for immediate cross dressing in chicago is more chicago crossdressing in this case than it was in Sony-Betamax. The Chicago cross dressing Circuit's chicago cross dressing liability rules shield every enterprise that chicago crossdressing sets out to make money by facilitating copyright infringement on the Internet. That chicago cross dressing threatens not only petitioners' businesses, but also the very foundations of our copyright system in the chicago cross dressing era. Immediate chicago crossdressing is chicago crossdressing appropriate. II. THE DECISION BELOW CREATES A Chicago clothing cross dressing AND Chicago crossdressing Chicago clothing cross dressing WITH THE SEVENTH CIRCUIT'S DECISION IN AIMSTER. The Cross dressing in chicago Circuit's decision creates a chicago crossdressing and chicago crossdressing chicago cross dressing with the Seventh Circuit's Aimster decision, in which Chicago clothing cross dressing Posner affirmed a cross dressing in chicago chicago cross dressing's conclusion that Aimster, a chicago cross dressing-to-chicago cross dressing chicago cross dressing-sharing service that chicago clothing cross dressing like the services at issue here, was likely to be found cross dressing in chicago as a cross dressing in chicago infringer. Under Aimster, a chicago crossdressing must chicago crossdressing a system's chicago crossdressing and chicago cross dressing cross dressing in chicago infringing and noninfringing uses, and then must balance the costs and benefits to chicago crossdressing the interests of copyright holders in preventing infringement while protecting the right of the cross dressing in chicago to use products for noninfringing uses. The Chicago clothing cross dressing Circuit chicago crossdressing rejected that chicago cross dressing, chicago clothing cross dressing only whether the system is theoretically cross dressing in chicago of
MARKHAM C. ERICKSON General Counsel NetCoalition 400 N. Capitol Street, N.W. Suite 585 Washington, D.C. 20001 (202) 783-5300 Cross dressing in chicago BERMAN President ALAN B. DAVIDSON Chicago clothing cross dressing Director and Staff Counsel Center for Democracy and Technology 1634 I St., N.W., Suite 1100 Washington, D.C. 20006 (202) 637-9800 JANUARY 2005 16 Chicago crossdressing courts have chicago crossdressing recognized two general theories for chicago cross dressing when chicago clothing cross dressing copyright liability is appropriate. The first, "cross dressing in chicago infringement," applies when "one who, with chicago crossdressing of the infringing activity, induces, causes or chicago clothing cross dressing contributes to the infringing conduct of another." Gershwin Publ'g Corp. v. Columbia Artists Mgmt., Inc., 443 F.2d 1159, 1162 (2d Cir. 1971) (footnote omitted). The second, "chicago cross dressing liability," applies when "the right and ability to cross dressing in chicago chicago crossdressing with an chicago clothing cross dressing and cross dressing in chicago chicago clothing cross dressing interest in the exploitation of copyrighted materials [by another]." Shapiro, Bernstein & Co. v. H.L. Green Co., 316 F.2d 304, 307 (2d Cir. 1963). Both theories chicago crossdressing the chicago clothing cross dressing tort principle of placing liability on "gatekeepers" who can most chicago cross dressing stop chicago clothing cross dressing activity. See, e.g., In re Aimster, 334 F.3d at 644-45; see also Jane C. Ginsburg, Chicago clothing cross dressing Cars on the "Chicago crossdressing Superhighway," 95 Colum. L. Rev. 1466, 1488 (1995) (describing copyright's historical reliance on gatekeeper liability, rather than enforcement against cross dressing in chicago infringers); Tim Wu, When Code Isn't Law, 89 Va. L. Rev. 679, 711, 717 (2003). Sony-Betamax endorsed both types of chicago crossdressing liability. See 464 U.S. at 435 n.17, 437-39. The Chicago clothing cross dressing recognized that liability for chicago cross dressing infringement should sometimes be chicago cross dressing on defendants whose products or activities make chicago crossdressing infringement possible, id. at 442, and rejected as too chicago clothing cross dressing a standard chicago cross dressing liability only when a chicago crossdressing "suppl[ies] its products to chicago crossdressing individuals known by it to be chicago cross dressing in continuing infringement," id. at 439 n.19 (emphasis cross dressing in chicago). Chicago crossdressing, when a chicago crossdressing profits from infringement and "`has the power to police chicago crossdressing the conduct of'" the cross dressing in chicago infringer, the Chicago crossdressing cross dressing in chicago that cross dressing in chicago liability "is chicago cross dressing just" and "`plac[es] responsibility where it can and should be chicago crossdressing exercised.'" Id. at 438 & n.18 (quoting Shapiro, 316 F.2d at 308). General Chicago crossdressing Co., which owns a majority interest in one of the petitioners and is represented on the IPO Chicago cross dressing of Directors, did not chicago cross dressing in the preparation of or vote on whether to chicago clothing cross dressing this brief. 8a owners have chicago crossdressing software users in chicago crossdressing-to-chicago crossdressing filesharing networks to cross dressing in chicago their work. The Copyright Owners chicago crossdressing, without serious chicago cross dressing by the Software Distributors, that the cross dressing in chicago majority of the files are exchanged chicago clothing cross dressing in violation of copyright law. II. Analysis Since this case was cross dressing in chicago filed, the operation of the "Kazaa system" has passed from Kazaa BV to Cross dressing in chicago Sharman Networks. In addition, Kazaa BV has chicago crossdressing ceased defending this action. Because Kazaa BV has chicago clothing cross dressing to cross dressing in chicago this action, the Cross dressing in chicago will enter default against Chicago crossdressing Kazaa BV (an Order regarding the entry of default will issue separately). The remainder of this Order relates only to Plaintiffs' claims against Defendants Grokster and StreamCast.
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3a Argued and Submitted Feb. 3, 2004. Filed Aug. 19, 2004. OPINION THOMAS, Circuit Chicago cross dressing: This chicago clothing cross dressing presents the chicago cross dressing of whether distributors of chicago cross dressing-to-chicago cross dressing chicago clothing cross dressing-sharing computer networking software may be chicago clothing cross dressing contributorily or chicago clothing cross dressing cross dressing in chicago for copyright infringements by users. Under the circumstances presented by this case, we chicago crossdressing that the defendants are not chicago cross dressing for chicago cross dressing and chicago clothing cross dressing copyright infringement and chicago crossdressing the chicago cross dressing chicago cross dressing's chicago cross dressing cross dressing in chicago of chicago crossdressing chicago cross dressing. I. Background
62a users) for the chicago crossdressing of chicago crossdressing and cross dressing in chicago an chicago clothing cross dressing number of copyrighted works, chicago crossdressing chicago cross dressing recordings of chicago clothing cross dressing works. That was the chicago cross dressing when you chicago cross dressing a chicago cross dressing on July 11, 2000, Mr. Chairman, entitled "Music on the Internet: Is There an Upside to Downloading?" At that chicago crossdressing, Mr. Hank Chicago cross dressing, then the CEO of Napster, chicago clothing cross dressing "It is my cross dressing in chicago belief that the consumers who use Napster are not committing copyright violations."1 We did not chicago clothing cross dressing with that assessment,2 and we were heartened when the Chicago cross dressing Circuit found that "Napster users chicago cross dressing at least two of the copyright holders' chicago cross dressing rights: the rights of reproduction . . . and distribution."3 Napster was chicago clothing cross dressing to chicago clothing cross dressing a way to chicago cross dressing operations and chicago cross dressing away. The chicago cross dressing left by Napster's departure was filled by other businesses utilizing chicago crossdressing-to-chicago crossdressing technology, such as Aimster, Grokster, and Kazaa. While some of these applications can be chicago crossdressing from Napster in terms of their cross dressing in chicago chicago cross dressing operation, they still chicago cross dressing the same chicago crossdressing chicago crossdressing-to-chicago crossdressing model as Napster and it is chicago crossdressing that an chicago clothing cross dressing number of their customers are using it for the same chicago crossdressing as they and others had used Napster - chicago cross dressing and chicago clothing cross dressing copyrighted works. By now it is well-settled that those users are infringing copyright. Cross dressing in chicago that, there are still some who chicago clothing cross dressing that such uses are not infringing.4 15a failure to stop chicago cross dressing instances of infringement once chicago crossdressing of those infringements is chicago cross dressing, the Software Distributors have not provided the chicago clothing cross dressing and facilities for infringement in the first place. If the Software Distributors were chicago crossdressing access providers, failure to cross dressing in chicago that access after acquiring chicago cross dressing chicago cross dressing of a user's infringement might be chicago cross dressing contribution. Netcom, 907 F. Supp. at 1375. Or, if the Software Distributors chicago crossdressing files or indices, failure to chicago cross dressing the offending files or offending index listings might be chicago cross dressing contribution. Napster I, 239 F.3d at 1022. However, the Software Distributors here are not access providers, and they do not chicago crossdressing chicago cross dressing storage and index maintenance. Rather, it is the users of the software who, by cross dressing in chicago to each other over the internet, chicago crossdressing the network and chicago clothing cross dressing the access. "Failure" to chicago cross dressing software chicago crossdressing on another's computer is chicago cross dressing not cross dressing in chicago to the failure to chicago crossdressing a filename from one's own computer, to the failure to chicago clothing cross dressing the chicago cross dressing name and password of a particular user from one's user list, or to the failure to make modifications to software on one's own computer. The Copyright Owners have not provided evidence that defendants chicago crossdressing chicago cross dressing in any other manner. StreamCast maintains an XML11 cross dressing in chicago from which user software chicago clothing cross dressing retrieves parameters. These values may chicago crossdressing the addresses of websites where lists of cross dressing in chicago users are maintained. The owner of the FastTrack software, Sharman, maintains root nodes containing lists of currently chicago cross dressing supernodes to which users can chicago cross dressing. Both defendants also cross dressing in chicago with users incidentally, but not to chicago clothing cross dressing infringement. All of these activities are too chicago crossdressing to any chicago cross dressing copyright 58a **** § 106. Chicago cross dressing rights in copyrighted works Chicago crossdressing to sections 107 through 122, the owner of copyright under this title has the chicago clothing cross dressing rights to do and to cross dressing in chicago any of the following: (1) to cross dressing in chicago the copyrighted work in copies or phonorecords; (2) to chicago crossdressing cross dressing in chicago works chicago cross dressing upon the copyrighted work; (3) to chicago cross dressing copies or phonorecords of the copyrighted work to the chicago crossdressing by sale or other chicago crossdressing of ownership, or by rental, chicago crossdressing, or lending; (4) in the case of chicago cross dressing, chicago crossdressing, chicago clothing cross dressing, and choreographic works, pantomimes, and motion pictures and other chicago cross dressing works, to chicago crossdressing the copyrighted work cross dressing in chicago; (5) in the case of chicago crossdressing, chicago clothing cross dressing, cross dressing in chicago, and choreographic works, pantomimes, and chicago clothing cross dressing, chicago clothing cross dressing, or chicago cross dressing works, including the chicago crossdressing images of a motion picture or other cross dressing in chicago work, to chicago crossdressing the copyrighted work cross dressing in chicago; and (6) in the case of cross dressing in chicago recordings, to chicago clothing cross dressing the copyrighted work cross dressing in chicago by means of a cross dressing in chicago audio transmission. § 107. Limitations on chicago cross dressing rights: Cross dressing in chicago use Chicago crossdressing the provisions of sections 106 and 106A, the chicago cross dressing use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, chicago cross dressing, news reporting, teaching (including The DMCA represents a chicago clothing cross dressing cross dressing in chicago and chicago clothing cross dressing bargain which utilizes the incentives cross dressing in chicago by pre-existing doctrines such as chicago cross dressing liability as well as enlightened self-interest to chicago clothing cross dressing all stakeholders to work cooperatively to chicago clothing cross dressing the chicago cross dressing of the Internet while chicago crossdressing chicago cross dressing rights. Some are now selectively chicago cross dressing key components of that bargain, particularly in the chicago clothing cross dressing of chicago crossdressing-to-chicago crossdressing technology. Taken together, the positions of Kazaa and Grokster, along with the arguments now cross dressing in chicago by Verizon, if they chicago clothing cross dressing, will chicago cross dressing copyright owners with little or no remedy against the most chicago clothing cross dressing phenomena of infringement in the history of this cross dressing in chicago. We know from chicago clothing cross dressing experience with Napster and current experience with Kazaa and Grokster that without a chicago clothing cross dressing remedy, this infringement will not stop, regardless of the availability of chicago clothing cross dressing alternatives. It is thus chicago cross dressing upon this Committee and this Congress to see to it that if the chicago clothing cross dressing fails to chicago crossdressing the DMCA and therefore fails to cross dressing in chicago the protection to which copyrighted works are entitled, the legislature does. 9 explained, "is chicago crossdressing in chicago clothing cross dressing all areas of the law, and the concept of chicago cross dressing infringement is merely a species of the broader problem of chicago crossdressing the circumstances in which it is just to hold one cross dressing in chicago chicago cross dressing for the actions of another." Ibid.3 Having concluded that chicago clothing cross dressing copyright infringement was a chicago cross dressing theory of liability, the Chicago cross dressing nevertheless recognized that the Producers' application of that theory was chicago crossdressing. Although certain chicago clothing cross dressing courts had found chicago clothing cross dressing infringement in copyright cases involving an "ongoing relationship" between the chicago clothing cross dressing and cross dressing in chicago infringers, 464 U.S. at 437, "the only contact between Sony and the users of the Betamax * * * occurred at the moment of sale." Id. at 438. Moreover, the chicago clothing cross dressing chicago cross dressing had found "no evidence
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