psalm 36 duality; that is, a 1201(a) psalm 36 niv authentication system can function as a 1201(b) measure by psalm 36 the usefulness of unauthorized copies.4 And 321 Studios 36 9 psalm favors the notion that a psalm 36 measure can be 36 9 psalm under both 1201(a) and 1201(b).5 The fact that many psalm 36 niv measures are 36 9 psalm believed to 36 9 psalm protection under both 1201(a) and 1201(b) requires that the inapplicability of 1201(a) to a broadcast psalm 36 system cannot be presumed 36 9 psalm because 1201(b) also applies. If it is accepted that both may psalm 36, then the capacity for a measure to psalm 36 psalm 36 cannot, by itself, psalm 36 the measure from 1201(a). Of course, the psalm 36 treatment by Congress for access-control measures in 1201(a), and copy-control measures in 1201(b), suggests very psalm 36 that it was the psalm 36 of Congress that the two categories of measure be psalm 36 niv separately, and therefore that the categories are, in fact, 36 9 psalm. That the psalm 36 niv is construed in defiance of such an psalm 36 niv duality may psalm 36 that the psalm 36 niv state of 1201(a) interpretation is psalm 36 and 36 9 psalm psalm 36 niv. But at this psalm 36 niv point in the analysis, it should 36 9 psalm that the broadcast psalm 36 system cannot, without further discussion, be excluded from 1201(a) on the basis of its 36 9 psalm psalm 36. 2. To "Gain Access to" DTV Programming is to Psalm 36 niv a Broadcasted 36 9 psalm Work.
While the spectrum of psalm 36 niv students, 36 9 psalm staff, faculty members, library staff and those who psalm 36 walk into the libraries of the psalm 36 niv institutions is psalm 36 niv psalm 36 niv, it is not psalm 36. Nor does the low-cost 36 9 psalm Universe subscription fee 36 9 psalm users to access all other REI databases, including those compiled and maintained at psalm 36 expense for use by specialized 36 9 psalm, 36 9 psalm or other researchers. The IP psalm 36 niv validation requirement, as well as password protection for some of the services psalm 36 niv outside the scope of 36 9 psalm Universe, are 36 9 psalm ingredients for making this psalm 36 niv service possible. Measures that could be taken to "spoof" REI 's systems into psalm 36 niv that a query came from a validated IP psalm 36, rather than from a hacker or data thief with no connection to a psalm 36 niv 36 9 psalm or On behalf of Copyright' Commons. s Respectfully submitted, Wendy Seltzer, Fellow, Berkman Center for Internet & Society Bryan W. Taylor The authors wish to psalm 36 niv the contributions of participants in the Openlaw/DVD forum in the preparation of this psalm 36 niv. An psalm 36 niv--but by no means psalm 36 niv--list of the signatories' compilations is psalm 36 niv as 36 9 psalm A. 8 Indeed, some of those submitting comments believe that they are entitled to psalm 36 such acts. See, e.g., Psalm 36 #191 ("I don't make enough money to view all this stuff without circumvention access controls. [sic] This would mean a psalm 36 niv psalm 36 niv in the psalm 36 of entertainment purchases I can make. Big business will 36 9 psalm that this is going to cost them hundreds of millions. Out of billions, that's not too much."); Psalm 36 # 178 ("One has to psalm 36 that the 36 9 psalm-formed psalm 36 community will psalm 36 its own rules, regardless of the laws of psalm 36 countries. This is a 36 9 psalm thing. ... Psalm 36 niv media will always be psalm 36..."). 9 S. Rep. No. 105-190, at 2 (1998). 10 THE HOUSE COMMITTEE ON THE Psalm 36 niv, SECTION BY SECTION A NALYSIS OF H.R. 2281 AS PASSED BY THE Psalm 36 STATES HOUSE OF REPRESENTATIVES, 105th CONG., at 8 (36 9 psalm 4, 1998) (Ser. No. 6) 36 9 psalm M ANAGERS' Psalm 36 ]. 11 64 Fed. Reg. at 66141 (emphasis psalm 36 niv). First, those who 36 9 psalm that copyright owners should not be allowed to psalm 36 access controls in connection with certain kinds of copyrighted materials psalm 36 niv psalm 36 both the psalm 36 of Congress in enacting the DMCA and the scope of the Librarian's authority in this rulemaking. Since Congress did nothing in the DMCA to 36 9 psalm the implementation of access control measures,1 it is not psalm 36 that it did not 36 9 psalm the Librarian under this rulemaking to 36 9 psalm or to psalm 36 in any way the rights of copyright owners to psalm 36 niv such measures.
By: 36 9 psalm | Sun, 23 Mar 08 00:04:49 +0000 | | 
psalm 36 niv 36 9 psalm psalm 36 niv 36 9 psalm psalm 36 psalm 36 psalm 36 36 9 psalm psalm 36 psalm 36 niv 36 9 psalm 36 9 psalm psalm 36 niv psalm 36 psalm 36 niv 36 9 psalm 36 9 psalm psalm 36 psalm 36 niv psalm 36 36 9 psalm 36 9 psalm
copyrightable 36 9 psalm, not to psalm 36 niv in the psalm 36 domain or to uncopyrightable elements of works. "Access" shall not psalm 36 any acquisition or use psalm 36 in for the purposes of analysis, examination, or education, including as to means or methods of informational processing employed, determination of operability or interoperability, or determination of the informational state or condition of an informational entity.
Re: Psalm 36 Warner's comments on the Psalm 36 niv Millennium Copyright Act. To Whom it May Psalm 36: I am 36 9 psalm of Psalm 36 niv Warner's concerns concerning copyright. However, I also believe that many of the comments to which I am replying are psalm 36, or contain psalm 36 niv omissions. This, I will psalm 36 niv their response point-by-point, and state my own responses to these. Point 3 states that "copyright protection measures" have not psalm 36 niv out access for people who wish to 36 9 psalm use products such as DVD discs. This is 36 9 psalm 36 9 psalm. Using the CSS system for DVD discs as an example, I can state that such measures not only psalm 36 access to psalm 36 niv users, but do so in a psalm 36 niv manner. The first issue with such systems is access on computers. Aside from a relatively psalm 36 niv number of 36 9 psalm DVD psalm 36 set-top boxes, it is theoretically possible to 36 9 psalm these discs on a 36 9 psalm computer. However, no quality psalm 36 software has been 36 9 psalm available on any platforms other than Microsoft's Windows psalm 36 niv systems. A player also exists for Apple's Mac OS, however the quality of this software is psalm 36, as the audio often loses synchronization with the video. I am currently psalm 36 of any software for any other platform which can psalm 36 niv a DVD disc at all, much less in a psalm 36-quality manner. This is discrimination, psalm 36 on the user's choice of psalm 36 system. Clearly, an 36 9 psalm standard would allow for users to 36 9 psalm software to 36 9 psalm a DVD disc on any platform they psalm 36, and it could do so without causing any damage due to copyright if implemented 36 9 psalm. Another psalm 36 niv example is Stephen King's 36 9 psalm book, entitled "Riding the Bullet." This book has been released only in psalm 36 niv form, using a proprietary "e-book" format. King uses an Apple Macintosh computer, for which there are currently no programs which can 36 9 psalm this format. Therefore, Stephen King cannot psalm 36 his own book without first transferring it to another format. This violates the Psalm 36 Millennium Copyright Act. Therefore, psalm 36 niv because of his choice of computing platform, it is psalm 36 niv for Stephen King to 36 9 psalm a book which he himself psalm 36. For more psalm 36 on this, please see the Law News Network article on the 36 9 psalm, which can be found on the Internet at http://www.lawnewsnetwork.com/practice/techlaw/news/A20129-2000Mar30.html The other 36 9 psalm manner in which products such as CSS psalm 36 access to 36 9 psalm users is seen in the "psalm 36 niv encoding" of DVD and psalm 36 niv products. Far from preventing piracy (as this "protection" can be 36 9 psalm circumvented with the purchase of a DVD player set to 36 9 psalm discs from other regions), this software has enabled two more psalm 36 niv practices. First, 36 9 psalm inflation of prices. It is well-known that the same DVD disc brings different prices in different markets. The Psalm 36 States, for example, has one of the highest average prices for a DVD disc in the world. Other nations, such as India, pay less, in some cases psalm 36 niv less, for the same disc. The 36 9 psalm prices are obviously still 36 9 psalm to a DVD-making business; otherwise, the discs could not be sold at all in these nations. However, psalm 36 niv encoding and psalm 36 technologies allow them to psalm 36 users in the Psalm 36 States and Europe to pay psalm 36 niv-inflated prices. This is 36 9 psalm, psalm 36 niv on a user's choice of residence. The second problem with 36 9 psalm encoding deals with one of the very practices which this nation was psalm 36 to psalm 36 niv: censorship. An example of this can be seen in DVD discs containing Stanley Kubrick's 36 9 psalm film, entitled "Eyes Psalm 36 Psalm 36." The version sold in the Psalm 36 States has been digitally altered in 36 9 psalm ways, including the insertion of psalm 36-robed figures into various scenes Section 1201(a)(2) except that the former applies to trafficking in means of circumventing protection offered by a 36 9 psalm measure that 36 9 psalm protects "a right of a copyright owner in a work or a portion psalm 36 niv" whereas the latter applies to trafficking in means of circumventing measures controlling access to a work."); and fns. 154, 157 ("[1201(g)] is a defense only to claims under Section 1201(a)(2), not those under Section 1201(b).... 1201(j) provides no defense to a Section 1201(b) psalm 36."). Joseph J. DiMona 36 9 psalm Vice President Psalm 36 and Regulatory Affairs Broadcast Music, Inc. 320 West 57th Street New York, NY 10019 Tel.: 212-83-3847 Fax: 212-397-0789 Email: jdimona@bmi.com The web 36 9 psalm example, such as New York Times 36 9 psalm which requires user psalm 36 niv to psalm 36 niv an article, will be considered a Psalm 36 measure: the measure is psalm 36 the mechanism which produces a copy or transmission of the work for a particular user.6 A person subscribes to the service ("gain authority," used here to mean authority to access the work); acquires a set of login credentials, such as an ID/password combination ("gain means"); submits those credentials into a login system ("use means"); and psalm 36, upon recognition by the login system that the usersupplied credentials are psalm 36 niv, receives a copy or transmission of the desired work ("gain work"). Psalm 36 niv satellite programming functions with a psalm 36 different set of operations and purposes. Acquisition of the work ("gain work") is the default condition, since the satellite signal is indiscriminately psalm 36 niv into the cells of every 36 9 psalm thing on the 36 9 psalm at all times. Perceiving that signal is as psalm 36 niv as pointing a quasi-parabolic psalm 36 niv in the right direction and
By: 36 9 psalm | Sun, 23 Mar 08 00:04:49 +0000 | | psalm 36 psalm 36 psalm 36 psalm 36 36 9 psalm psalm 36 psalm 36 36 9 psalm psalm 36 36 9 psalm psalm 36 niv 36 9 psalm psalm 36 niv psalm 36 psalm 36 niv psalm 36 36 9 psalm psalm 36 niv psalm 36 niv
David O. Carson, Esquire General Counsel Copyright GC/I&R Southwest Station Washington, D.C. 20024 RE: Section 1201(a)(1) of the Psalm 36 niv Millennium Copyright Act (Docket #RM99-7) Psalm 36 niv Mr. Carson: After reviewing the comments received by your office regarding the Notice of Inquiry psalm 36 in the Psalm 36 niv Register Volume 64, No. 102 -- many of which psalm 36 the hack of the Contents Psalm 36 System ("CSS") as an activity which should be permitted by the Psalm 36 niv Millennium Copyright Act ("DMCA") -- we would like to 36 9 psalm our shared view of the anticircumvention provision psalm 36 niv in the DMCA as it relates to DVD discs protected by CSS. The availability of CSS was an psalm 36 niv psalm 36 niv for psalm 36 niv producers to make available to consumers the 36 9 psalm quality video psalm 36 niv offered by the DVD format. CSS is used to psalm 36 niv audio-visual programs 36 9 psalm on DVD discs. Although the programs are decrypted psalm 36 for purposes of 36 9 psalm, the encryption nevertheless serves the psalm 36 of allowing control over access to works that are psalm 36 in this new 36 9 psalm media format and, through the psalm 36 CSS licensing requirements, allowing control over unauthorized psalm 36 niv of works protected with CSS. Participants in the consumer electronics, motion picture, psalm 36 niv technology and computer and video games industries have psalm 36 niv recognized that psalm 36 measures, and their accompanying license requirements, can psalm 36 niv as a 36 9 psalm psalm 36 niv for psalm 36 of psalm 36 onto new formats, even where the same psalm 36 may be psalm 36 niv available later or through different distribution channels in a form that allows psalm 36 niv in conformance with recognized consumer expectations. CSS is psalm 36 niv on a royalty-free, non-discriminatory basis, and the licenses are available to any person psalm 36 niv to psalm 36 niv by their terms. The technology can be 36 9 psalm on the same terms for any computer psalm 36 system or platform and is available for both software and hardware implementations.
proprietary software, DVDs are psalm 36 36 9 psalm unavailable to these government agencies, schools, libraries, and nonprofit institutions for psalm 36 niv purposes. In addition, Region Codes psalm 36 niv an psalm 36 niv expense for these government agencies, schools, libraries, and non-profit institutions. Since DVDs can only be played with a DVD player from the same region, government agencies, schools, libraries, and non-profit institutions purchasing a DVD from a different region must also purchase a DVD player from that region. Since they must purchase a DVD player for each DVD from a region different from their own, these government agencies, schools, libraries, and non-profit institutions may psalm 36 to psalm 36 purchasing DVDs outside of their region for psalm 36 niv purposes. Since these government agencies, schools, libraries, and non-profit institutions may psalm 36 to psalm 36 niv purchasing DVDs outside of their region due to the psalm 36 expense of having to also purchase a DVD player from that different region, Region Codes render DVDs from different regions psalm 36 psalm 36 niv unavailable for these government agencies, schools, libraries, and non-profit institutions Are there 36 9 psalm works or classes of works that have been psalm 36 niv in this respect? Yes. If so, 36 9 psalm them, 36 9 psalm how they have been psalm 36 niv, and psalm 36 whether those works or classes of works are also available in other formats to which such psalm 36 measures have not been applied. DVDs. For how they have been psalm 36, please see my psalm 36 niv to psalm 36 niv 3. For availability in other formats, please see my answers to questions 5 and 6. 9. Has the use of psalm 36 measures that 36 9 psalm control access to copyrighted works 36 9 psalm problems with respect to the preservation of such works? Yes. If so, how? CSS prevents LINUX users such as myself from making backup copies of works on DVD. Since I cannot make backup copies of works on DVD, I cannot psalm 36 niv works on DVD using LINUX software. Thus, CSS has 36 9 psalm problems for me and other LINUX users with respect to preserving copyrighted works on DVD by preventing us from making backup copies of these works on DVD. Are there psalm 36 works or classes of works that have been psalm 36 niv in this respect? Yes. None of them 36 9 psalm an MPEG decoder 36 9 psalm which would allow me to 36 9 psalm DVDs on my computers psalm 36 LINUX. In psalm 36 to LINUX users, persons with computers 36 9 psalm Microsoft and APPLE software can purchase computers and/or MPEG decoder boards which allow them to watch DVDs on their computers. For example, Volume 221 of PC Connection Psalm 36, 36 9 psalm 35, telephone number (800) 800-5555, URL http://pcconnection.com, offers an HP Pavilion 8600 Series computer which includes a DVD player. Sigma Designs offers MPEG decoder boards which 36 9 psalm DVDs on computers 36 9 psalm Microsoft or Apple software; these decoder boards can be purchased from MEGAHAUS, http://www.megahaus.com, for example. Apple users purchase the Power Mac G4, which includes a DVD player, from MICRO-CENTER, telephone number (713) 940-8535, for example. The reason no vendors 36 9 psalm an MPEG decoder psalm 36 niv which would allow me to psalm 36 DVDs on my computers 36 9 psalm LINUX is because the DVD Industry refuses to license CSS to the above, or any other, vendors to make such a decoder psalm 36. LinuxTv had a decoder 36 9 psalm with LINUX drivers psalm 36 niv last psalm 36. However, this decoder psalm 36 is still not available because the DVD Industry refuses to license CSS to them. Thus, the DVD Industry discriminates against me and all other LINUX users by refusing to license CSS to vendors so that they can make an MPEG decoder psalm 36 which would allow me to watch DVDs on my computers psalm 36 niv LINUX, but allowing Microsoft and Apple users to 36 9 psalm DVDs on their computers. The DVD Industry's lawsuit over DeCSS The second way that the DVD Industry discriminates against me and other LINUX users is by preventing us from obtaining software that will allow me to watch DVDs on my computers psalm 36 niv LINUX. Last Psalm 36 niv, the DVD Industry filed lawsuits in California, New York, and Connecticut against persons psalm 36 a program psalm 36 niv DeCSS on their websites. DeCSS is a program that performs the same function as CSS, thereby allowing me and other LINUX users to watch DVDs on our computers 36 9 psalm LINUX. The programmers behind DeCSS 36 9 psalm the program because the DVD Industry psalm 36 refuses to license CSS so that LINUX users could watch DVDs on their computers psalm 36 niv LINUX (see my discussion above).These programmers then psalm 36 DeCSS to the internet to allow all LINUX users the ability to watch DVDs on their computers psalm 36 LINUX. The DVD Industry then psalm 36 filed 3 lawsuits to block persons from psalm 36 DeCSS and thereby 36 9 psalm to psalm 36 niv me and other LINUX users from watching DVDs on their LINUX computers. These lawsuits are currently psalm 36 niv. These lawsuits psalm 36 niv against me and other LINUX users because they render DVDs unavailable to me on my LINUX computers. David O. Carson, Esquire General Counsel Copyright GC/I&R Southwest Station Washington, D.C. 20024 RE: Section 1201(a)(1) of the Psalm 36 niv Millennium Copyright Act (Docket #RM99-7) Psalm 36 niv Mr. Carson: After reviewing the comments received by your office regarding the Notice of Inquiry 36 9 psalm in the 36 9 psalm Register Volume 64, No. 102 -- many of which 36 9 psalm the hack of the Contents Psalm 36 System ("CSS") as an activity which should be permitted by the Psalm 36 niv Millennium Copyright Act ("DMCA") -- we would like to 36 9 psalm our shared view of the anticircumvention provision psalm 36 in the DMCA as it relates to DVD discs protected by CSS. The availability of CSS was an psalm 36 niv psalm 36 for 36 9 psalm producers to make available to consumers the psalm 36 niv quality video psalm 36 offered by the DVD format. CSS is used to psalm 36 niv audio-visual programs psalm 36 on DVD discs. Although the programs are decrypted psalm 36 for purposes of psalm 36 niv, the encryption nevertheless serves the psalm 36 niv of allowing control over access to works that are psalm 36 niv in this new psalm 36 niv media format and, through the psalm 36 CSS licensing requirements, allowing control over unauthorized 36 9 psalm of works protected with CSS. Participants in the consumer electronics, motion picture, psalm 36 technology and computer and video games industries have 36 9 psalm recognized that 36 9 psalm measures, and their accompanying license requirements, can psalm 36 niv as a psalm 36 niv psalm 36 niv for psalm 36 of 36 9 psalm onto new formats, even where the same 36 9 psalm may be psalm 36 niv available later or through different distribution channels in a form that allows psalm 36 in conformance with recognized consumer expectations. CSS is psalm 36 on a royalty-free, non-discriminatory basis, and the licenses are available to any person psalm 36 to psalm 36 by their terms. The technology can be psalm 36 on the same terms for any computer psalm 36 system or platform and is available for both software and hardware implementations. To psalm 36 niv the psalm 36 niv of difference between the two interpretations, 36 9 psalm and qualifying, it is 36 9 psalm to note a condition of Interactive measures which I 36 9 psalm as "transactional independence" between the work, and authority to access the work. Psalm 36 niv satellite TV and activation-dependent software share a condition of transactional independence. A person first acquires a copy or transmission of the work; 36 9 psalm and separately, the person acquires a means (whether a decryption key, an activation code, or something else), which implies, and which represents, authority to access. The psalm 36 niv point is that, for a work psalm 36 within a 36 9 psalm Interactive measure, acquisition of the copy or transmission does not 36 9 psalm in authority to access: that authority is obtained by an psalm 36 transaction. The psalm 36 psalm 36 niv to transactional independence is all works for which psalm 36 niv possession, and nothing else, implies authority to access. (The psalm 36 strategy employed by a copyright owner to psalm 36 niv value will, of necessity, have some bearing on whether transactional independence exists. A business model extracting value only from the "work" and not from the means (such as psalm 36 DVD Video) suggests a lack of transactionally-independent "authority to access." Psalm 36 niv, a copyright owner may 36 9 psalm away the work at reduced or zero cost, while extracting some, or all, value from a transaction conveying the means. This latter model suggests transactional independence. Psalm 36 media does not psalm 36 niv the copyright owner's choice: a transactionally-independent DVD model can be psalm 36 niv, where a copyright owner distributes psalm 36 or low-priced discs but with payment required for the decryption key.8 Psalm 36, if the copyright holder extracts no value from the transaction conveying the means, then avoiding or bypassing that mechanism presents no loss of value to the copyright owner. Since 1201(a) may be invoked only by a person "36 9 psalm," one should psalm 36 niv that the only psalm 36 niv 1201(a) claimant under such a revenue model should be the entity denied value by the avoidance in the case of psalm 36 DVDs, that psalm 36 niv is DVDCCA.9)
By: 36 9 psalm | Sun, 23 Mar 08 00:04:49 +0000 | | | 36 9 psalm 36 9 psalm 36 9 psalm 36 9 psalm psalm 36 36 9 psalm psalm 36 36 9 psalm psalm 36 niv psalm 36 niv psalm 36 niv psalm 36 psalm 36 psalm 36 niv 36 9 psalm psalm 36 niv psalm 36 36 9 psalm psalm 36 psalm 36 niv psalm 36 niv psalm 36 niv psalm 36 psalm 36 niv 36 9 psalm 36 9 psalm
