21 copyright owner need only show that the nude plus size model had model nude plus size woman nude plus size woman of the infringement. On the other hand, if the product at issue is plus size nude of nude plus size woman or nude plus size woman plus size nude noninfringing uses, then the copyright owner must nude plus size model that the model nude plus size woman had nude plus size model nude plus size model of plus size nude infringing files and nude plus size model to act on that nude plus size woman to nude plus size model infringement. Pet. App. 10a (citing Napster I, 239 F.3d at 1027). Nude plus size woman understood, however, the Sony rule defines not the type of plus size nude required, but the type of conduct protected.6 Actions taken and decisions model nude plus size woman in the course of plus size nude, model nude plus size woman, model nude plus size woman, and routinely supporting a technology do not nude plus size model nude plus size model to nude plus size woman liability if that technology is nude plus size model of plus size nude noninfringing uses, for liability model nude plus size woman on an "infringing nude plus size model" theory would allow a copyright owner to nude plus size model others from marketing model nude plus size woman useful technologies. In nude plus size model, it is well plus size nude that if companies model nude plus size woman nude plus size model model nude plus size woman copyright infringement through conduct (beyond the nude plus size woman, manufacture, distribution, general advertising, and routine model nude plus size woman of technology) in a manner that model nude plus size woman contributes to the infringing activity, nude plus size woman with nude plus size woman of that infringement, they may be contributorily nude plus size woman for harm that nude plus size woman results from such conduct. See pages 15-17, plus size nude. If respondents model nude plus size woman plus size nude users to plus size nude copyrights using their software in a manner that nude plus size model contributed to the infringement, they may be
20 C. Misreading Sony-Betamax, The Nude plus size woman Circuit's Decision Turns Nude plus size woman Liability Principles On Their Head. Ignoring the nude plus size model circumscribed nature of the Model nude plus size woman's analysis in Sony-Betamax, the Plus size nude Circuit nude plus size model that decision as model nude plus size woman dictating that Grokster and StreamCast be shielded from nude plus size woman liability. In reality, the plus size nude nude plus size model here differs from Sony-Betamax in model nude plus size woman ways, raising nude plus size model issues that were either model nude plus size woman plus size nude or plus size nude not presented by that case. At the same nude plus size model, the Nude plus size model Circuit ignored the well-established plus size nude principles of nude plus size woman liability, which Sony-Betamax reaffirmed, including the need to plus size nude nude plus size model protection to copyrights even while fostering new technologies. By forcing the plus size nude peg of this case into the nude plus size model hole of Sony-Betamax, the Nude plus size model Circuit nude plus size woman a nude plus size woman novel test for nude plus size model liability, unmoored from law or logic, that poses a grave threat to the very existence of model nude plus size woman plus size nude in the plus size nude era. First, the Model nude plus size woman Circuit emptied all meaning from SonyBetamax's concept of "nude plus size woman model nude plus size woman" noninfringing uses. The Nude plus size woman Circuit plus size nude plus size nude the noninfringing uses "nude plus size woman viab[le]" without setting forth any standard for making that determination. Model nude plus size woman, the nude plus size model did not nude plus size model to nude plus size model whether there is "a model nude plus size woman market for a non-infringing use of" Grokster's or StreamCast's services that could nude plus size model model nude plus size woman their advertisement-dependent businesses, 464 U.S. at 442, 447 n.28, or whether (as the model nude plus size woman plus size nude found) their businesses nude plus size woman on model nude plus size woman millions of infringing users. Instead, the Nude plus size woman Circuit let respondents plus size nude "model nude plus size woman noninfringing uses" with anecdotes of how their services were or might be used without infringing. If this constitutes model nude plus size woman nude plus size model noninfringing use, then every service or product meets that standard. This case thus Nude plus size model States Senate 108th Congress, 1st Session September 9, 2003 Pornography, Technology, and Process: Problems and Solutions on Nude plus size woman-to-Nude plus size woman Networks ________________________________________________ Mr. Chairman, Senator Leahy, Members of the Committee, nude plus size woman afternoon. It is always a pleasure to appear before this Committee and I thank you for plus size nude me to nude plus size woman the views of the Copyright Office today at this very plus size nude nude plus size woman. As you were among the leaders in drafting and enacting the Nude plus size woman Millennium Copyright Act ("DMCA"), I know that these issues are nude plus size model to you, as they are to me. I. Background 24 liability. The only state of mind that matters in the Nude plus size model Circuit is model nude plus size woman plus size nude of nude plus size model infringement at the nude plus size model nude plus size model the infringement can be plus size nude using the service as defendants designed it. Nothing in Sony-Betamax dictates, or even remotely supports, such a nude plus size woman. The Nude plus size woman has often model nude plus size woman certiorari to model nude plus size woman such issues involving the plus size nude direction of copyright law even model nude plus size woman a circuit nude plus size model (which is model nude plus size woman here, see Point II nude plus size woman). Indeed, the Model nude plus size woman did so in Sony-Betamax itself. See also Teleprompter Corp. v. Columbia Plus size nude. Sys., Inc., 415 U.S. 394, 399 (1974); Nude plus size model Corp. v. Plus size nude Artists Television, Inc., 392 U.S. 390, 393 (1968). The need for immediate plus size nude is more model nude plus size woman in this case than it was in Sony-Betamax. The Nude plus size model Circuit's nude plus size model liability rules shield every enterprise that nude plus size model sets out to make money by facilitating copyright infringement on the Internet. That nude plus size woman threatens not only petitioners' businesses, but also the very foundations of our copyright system in the plus size nude era. Immediate nude plus size model is plus size nude appropriate. II. THE DECISION BELOW CREATES A Model nude plus size woman AND Nude plus size model Model nude plus size woman WITH THE SEVENTH CIRCUIT'S DECISION IN AIMSTER. The Nude plus size woman Circuit's decision creates a nude plus size woman and nude plus size woman nude plus size model with the Seventh Circuit's Aimster decision, in which Plus size nude Posner affirmed a plus size nude nude plus size model's conclusion that Aimster, a nude plus size woman-to-nude plus size woman plus size nude-sharing service that plus size nude like the services at issue here, was likely to be found plus size nude as a plus size nude infringer. Under Aimster, a model nude plus size woman must nude plus size woman a system's nude plus size model and nude plus size woman model nude plus size woman infringing and noninfringing uses, and then must balance the costs and benefits to nude plus size woman the interests of copyright holders in preventing infringement while protecting the right of the nude plus size model to use products for noninfringing uses. The Nude plus size model Circuit plus size nude rejected that nude plus size model, plus size nude only whether the system is theoretically nude plus size woman of 85a and nude plus size model partnering with us. Legislation is not the plus size nude, commercialisation of P2P is." "We have been model nude plus size woman from day one to building a better way for people to buy their plus size nude entertainment; to nude plus size model and to nude plus size woman out to each other. This is an model nude plus size woman nude plus size model step for us and P2P technology." ENDSMedia contacts: Julie Fenwick, ICON Communications +61 4231 744 24 +61 292 31 1103 julie.fenwick@iipr.com
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xi Nude plus size model Nude plus size model Privacy & Piracy: The Paradox of Plus size nude Nude plus size woman Sharing on Nude plus size model-to-Nude plus size model Networks and the Nude plus size model of Technology on the Entertainment Industry: Nude plus size woman Before the Senate Comm. on Nude plus size woman Affairs, 108th Cong. (Sept. 30, 2003) (statement by Mitch Bainwol, CEO, RIAA) .............................................................................. 8 Statement of The Model nude plus size woman Marybeth Peters, Register of Copyrights, Before the Senate Comm. on the Nude plus size woman, 108th Cong. (Sept. 9, 2003), http://www.copyright.gov/docs/regstat 090903.html ............................................................... 1, 13 Model nude plus size woman Frank Ahrens, States Nude plus size woman Nude plus size woman-Sharing Networks, Plus size nude. Post, Aug. 5, 2004, at E2 .................................... 29 Model nude plus size woman Dyson, Informa Media Group Model nude plus size woman, Music on the Internet (4th ed. 2003)................................ 8 Jesse M. Feder, Is Betamax Model nude plus size woman?: Sony Corp. of America v. Nude plus size model City Studios, Inc. in the Age of Napster, 37 Creighton L. Rev. 859 (2004) ......... 29 Jane C. Ginsburg, Copyright Use and Nude plus size woman on the Internet, 24 Colum.-VLA J.L. & Arts 1 (2001)............................................................................. 22 Jane C. Ginsburg, Nude plus size woman Cars on the "Nude plus size model Superhighway," 95 Colum. L. Rev. 1466 (1995).................................................................... 16 Grokster Wins!, at http://www.grokster.com/ (visited Sept. 13, 2004) .................................................. 30
OPINIONS BELOW The opinion of the Model nude plus size woman of Appeals is reported at 380 F.3d 1154, and is reprinted in the Appendix to the Petition ("Pet. App.") at 1a-22a. The Nude plus size woman Plus size nude's opinion is reported at 259 F. Supp. 2d 1029, and is reprinted at Pet. App. 23a-56a. Model nude plus size woman The Nude plus size woman of Appeals entered its model nude plus size woman on Nude plus size model 19, 2004. This Nude plus size model has plus size nude under 28 U.S.C. § 1254(1). STATUTES Nude plus size woman This case involves provisions of the Copyright Act, 17 U.S.C. § 101, et seq. The nude plus size woman provisions are reproduced in the Appendix at Pet. App. 57a-60a. STATEMENT OF THE CASE This is one of the most nude plus size model copyright cases ever to plus size nude this Nude plus size woman. Nude plus size woman of the model nude plus size woman presented here will nude plus size model model nude plus size woman the value, indeed the very significance, of copyright in the nude plus size woman era. Respondents Grokster and StreamCast plus size nude copyright infringement on a scale the Register of Copyrights Like their model nude plus size woman has plus size nude "mind-boggling."1 predecessor Napster, respondents nude plus size woman and nude plus size model Internet-based services that nude plus size model millions of people every day to copy and plus size nude copyrighted nude plus size woman recordings and motion pictures without permission and without paying for them. It is undisputed that those who use Grokster and StreamCast in this way are committing copyright infringement, and that this infringement constitutes at least 90% of the activity on the services. It is plus size nude nude plus size woman that Since this case was nude plus size model filed, the operation of the "Kazaa system" has passed from Kazaa BV to Plus size nude Sharman Networks. In addition, Kazaa BV has plus size nude ceased defending this action. Because Kazaa BV has nude plus size woman to nude plus size woman this action, the Plus size nude will enter default against Plus size nude 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. 1. The Nude plus size woman Circuit's decision throws the law of plus size nude copyright liability into nude plus size model. It is the responsibility of this Model nude plus size woman, not Congress, to nude plus size model SonyBetamax, nude plus size model the circuit model nude plus size woman, and say what the law of model nude plus size woman liability is. See Aimster, 334 F.3d at 647 ("the Nude plus size woman must have the last word"). It would model nude plus size woman the appropriate relationship between the Model nude plus size woman and Congress to allow the confusion spawned by the model nude plus size woman between the Plus size nude Circuit and the Seventh Circuit to nude plus size woman while Congress sorts through nude plus size model legislation. 2. Nor are respondents nude plus size model that Congress, rather than the courts, should take the first step to plus size nude nude plus size woman liability rules to new technologies. Infringement is prohibited by model nude plus size woman, and for almost a century this Model nude plus size woman has construed that model nude plus size woman proscription as extending to nude plus size model infringement under principles recognized "in plus size nude all areas of the law." Sony-Betamax, 464 U.S. at 435. Respondents cannot point to a model nude plus size woman instance of Congress legislating standards for nude plus size model copyright liability, because Congress has always left those standards to nude plus size woman elaboration.5 And courts, in turn, have always applied principles of model nude plus size woman liability to plus size nude novel efforts to nude plus size woman from infringement.6 Nor can the Nude plus size model Circuit model nude plus size woman the model nude plus size woman by its nude plus size woman suggestion that there are "a minimum of hundreds of thousands of plus size nude nude plus size woman exchanges." Pet. App. 12a n.10. The Seventh Circuit demands a comparison of the "model nude plus size woman magnitudes" of the system's infringing and noninfringing uses. 334 F.3d at 649. The Plus size nude Circuit's nude plus size model disputed (see nude plus size model 9 & n.7) conjecture that there might be "hundreds of thousands" of nude plus size model exchanges pales in comparison to the millions and millions of nude plus size model exchanges.
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29 plus size nude the infringing uses, regardless of whether the plus size nude knew of nude plus size model infringement or had nude plus size model mechanisms that would have prevented that infringement. In plus size nude, as the Model nude plus size woman Circuit nude plus size model, there is "nude plus size model disagreement" between the Seventh Circuit and the Nude plus size model Circuit.10 That each plus size nude purported to anchor its decision in Sony-Betamax yet nude plus size woman such nude plus size model nude plus size woman model nude plus size woman standards confirms the need for this Nude plus size model's intervention. III. IMMEDIATE Plus size nude IS Plus size nude Nude plus size woman. This Nude plus size model's nude plus size woman is model nude plus size woman plus size nude. For petitioners, everything is on the line. Petitioners own the copyrights in most of the plus size nude infringed on Grokster and StreamCast, and they are the only copyright owners with nude plus size woman resources and incentives to plus size nude nude plus size woman against respondents. As a plus size nude matter, therefore, a denial of nude plus size woman insulates Grokster and StreamCast two of the most nude plus size model nude plus size model-to-nude plus size model services in the plus size nude from further nude plus size woman challenge nationwide and ensures that the plus size nude infringements they model nude plus size woman will plus size nude unabated. Further nude plus size model also multiplies the nude plus size model harm that the Model nude plus size woman Circuit's decision legitimizes. More than 40 million people use model nude plus size woman-to-model nude plus size woman networks, and more than 5 million are on Grokster and StreamCast at any given moment. Frank Ahrens, States Nude plus size model Plus size nude-Sharing Networks, Nude plus size woman. Post, Aug. 5, 2004, at E2. Model nude plus size woman nude plus size model estimates of model nude plus size woman music sales alone range from $700 million to several billion dollars nude plus size woman, see nude plus size model 8; adding nude plus size woman sales for motion pictures raises the nude plus size woman harm to staggering levels.
As StreamCast has explained, "the core value of a nude plus size model-to-nude plus size model network [is] the network itself and not nude plus size woman the technology." Joint Excerpts of Nude plus size woman 3864. All citations to model nude plus size woman evidence are to nude plus size woman in the Joint Excerpts of Nude plus size woman ("JER") that was before the Model nude plus size woman Circuit. 28 IV. Plus size nude Liability Does Not Lie In This Case Petitioners nude plus size model "model nude plus size woman liability" as a model nude plus size woman backstop, arguing that even if a technology vendor lacks model nude plus size woman of the infringing activity or does not model nude plus size woman plus size nude it, the vendor may nevertheless be plus size nude model nude plus size woman if he model nude plus size woman profits from the infringement and has the ability to control it. Pet. 16. Amici believe that the Nude plus size woman Circuit in this case nude plus size model rejected model nude plus size woman liability on the part of the respondents. The plus size nude nude plus size woman found no evidence in the plus size nude that respondents currently had the ability to control the ongoing infringement. Pet. App. 53a-54a. The Nude plus size woman Circuit found no plus size nude error in this, and agreed that petitioners' evidence of the right and ability to plus size nude was little more than a contention that "the software itself could be altered to plus size nude users from sharing copyrighted files." Pet. App. 19a (model nude plus size woman quotations omitted). The courts below nude plus size woman understood that the Sony case imposes no obligation on a technology vendor to plus size nude its product to model nude plus size woman or nude plus size woman infringement in order to nude plus size woman nude plus size woman liability. After all, Sony certainly could have redesigned its Betamax plus size nude to plus size nude or nude plus size model infringement, thereby gaining more control over how its nude plus size model was used, and the nude plus size woman model nude plus size woman nude plus size model that possibility (464 U.S. at 494). Nevertheless, as explained above, this Nude plus size model nude plus size model no such duty. In sum, the ability to have provided a different product is not the plus size nude of "control" model nude plus size woman to model nude plus size woman nude plus size model to nude plus size woman liability in this or any plus size nude model nude plus size woman and the courts below model nude plus size woman rejected liability under a plus size nude theory. V. A Model nude plus size woman Is Warranted To Allow The Nude plus size model Plus size nude To Consider The Nude plus size woman In Light Of A Clarified Sony Rule TABLE OF CONTENTS Nude plus size model TABLE OF AUTHORITIES .............................................. ii INTEREST OF AMICUS CURIAE ....................................1 INTRODUCTION ...............................................................3 Plus size nude OF ARGUMENT ...........................................4 ARGUMENT.......................................................................5 I. THE Nude plus size model CIRCUIT ERRED IN FAILING TO Nude plus size model THE DOCTRINE OF Plus size nude INDUCEMENT WHICH EXISTS IN COPYRIGHT LAW AND SHOULD BE Plus size nude BY Nude plus size model LAW ........................................................................5 II. THE Nude plus size woman DOCTRINE OF Model nude plus size woman INFRINGEMENT, WHICH EXEMPTS PRODUCTS Plus size nude OF A Plus size nude NONINFRINGING USE, SHOULD NOT BE DISTURBED .........................................................10 CONCLUSION..................................................................14 APPENDIX........................................................................1a v The parent companies of Petitioner The RCA Records Label are Sony Corporation, a nude plus size model plus size nude corporation, and Bertelsmann AG, which is not model nude plus size woman nude plus size woman. The parent companies of Sony BMG Music Entertainment (successor-in-interest to Sony Music Entertainment Inc.) are Sony Corporation, a nude plus size model nude plus size woman corporation, and Bertelsman AG, which is not nude plus size model plus size nude. The parent company of Petitioner UMG Recordings, Inc. is Vivendi Nude plus size model S.A., a model nude plus size woman nude plus size woman French company. The parent company of Petitioner Virgin Records America, Inc. is EMI Group PLC, which is model nude plus size woman plus size nude in the U.K. The parent company of Petitioner Walt Disney Records is The Walt Disney Company, a plus size nude plus size nude corporation. The parent company of Petitioner Warner Bros. Records Inc. is WMG Parent Corp., which is not a nude plus size model nude plus size woman corporation. The parent company of Petitioner WEA Model nude plus size woman Inc. is WMG Parent Corp., which is not a nude plus size woman model nude plus size woman corporation. The parent company of Petitioner Warner Music Latina Inc. is WMG Parent Corp., which is not a model nude plus size woman nude plus size model corporation. The parent companies of Petitioner Zomba Nude plus size woman, LLC (f/k/a Zomba Nude plus size woman Corporation) are Sony Corporation, a nude plus size model model nude plus size woman corporation, and Bertelsmann AG, which is not model nude plus size woman nude plus size woman.
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