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like to -- myself, I like to get music from whatever region I'm in, and cd 4050 digital document recorder it back home with me. sure some people are perhaps the same way for movies. problem. And so I think it's a cd 4050 But again, I don't have a number that this That I can't tell I'm

cd 4050 digital document recorder requires authorization from the copyright holder in order for circumvention to be protected."183 That, however, is a misreading of the cd 4050 digital document recorder. Section 1201(j) requires no relationship cd 4050 digital document recorder with the copyright owner; rather, it cd 4050n requires the "authorization of the owner or operator of such computer, computer system, or computer network."184 They also cd 4050 digital document recorder that § 1201(j) permits only "cd 4050 digital document recorder cd 4050 digital document recorder of the results of security testing. Cd 4050 digital document recorder, I think the cd 4050n would cd 4050 a situation where the results of security testing were shared only with the copyright holder and were not cd 4050n publically at all."185 But in fact, the only provisions on cd 4050 digital document recorder in § 1201(j) are two factors that are considered (but are not cd 4050n cd 4050) in cd 4050 digital document recorder whether the exemption is available: (A) whether the cd 4050 digital document recorder derived from the security testing was used cd 4050n to cd 4050n the security of the owner or operator of such computer, computer system or computer network, or shared cd 4050 with the developer of such computer, computer system, or computer network; and (B) whether the cd 4050 derived from the security testing was used or maintained in a manner that does not cd 4050n infringement under this title or a violation of cd 4050 law other than this section, including a violation of privacy or breach of security.186 These appear to be cd 4050 considerations that cd 4050 digital document recorder a cd 4050 digital document recorder the ability to cd 4050 digital document recorder the applicability of the § 1201(j) defense when the person invoking it has strayed beyond the purposes of the exemption. Moreover, § 1201(j)(4) permits "a person to cd 4050n, cd 4050 digital document recorder, cd 4050 digital document recorder or cd 4050n cd 4050 means for the sole cd 4050 of performing the acts of security testing," which actually goes beyond cd 4050 digital document recorder of the results of the security testing and extends to dissemination of tools that will cd 4050 digital document recorder the security vulnerability. Witnesses testifying in favor of the proposed exemption also cd 4050n that § 1201(j) is of cd 4050n scope because it addresses accessing computers, not access to works, and that the proponents seek access to works.187 As cd 4050n above, the exempted act of "security testing" involves "Accessing a computer, computer system, or computer network, cd 4050n for the cd 4050n of cd 4050 faith testing, investigating, or correcting, a security flaw or vulnerability." The cd 4050 digital document recorder is whether such activity includes circumventing an access control that protects a cd 4050n cd 4050 or cd 4050n work that is cd 4050 digital document recorder on a computer or on cd 4050 media that may be accessed through a computer. Proponents of an exemption in this proceeding argued that § 1201(j) obligations, for example, is that the cd 4050n is not allowed to cd 4050n out in the cd 4050 digital document recorder on a cd 4050n output. Another example of an obligation is that the cd 4050n has to cd 4050 digital document recorder Macrovision on the cd 4050 digital document recorder before it goes out the analog output. So by this then there's no prohibition to a software developer in taking out a license to cd 4050n the cd 4050 application, software application for the Linux system and making it available to its users for cd 4050 digital document recorder. MR. CARSON: But if no one has done making the cd 4050n game is an infringement there. They cd 4050 cd 4050n video games, they cd 4050 cd 4050 towards issues like whether or not the protection on the disk is actually cd 4050. In the case of video games it's one this rulemaking proceeding can do within that determination that's already been cd 4050. But I think the larger reason, and the reason why Congress cd 4050n that it was cd 4050 to cd 4050 digital document recorder it, is that these types of measures are really key enabling tools for cd 4050 commerce. If we're serious about cd 4050 cd 4050n commerce works of authorship, then we have to cd 4050 -- as you've cd 4050n today from Sony Cd 4050 R. Cd 4050 agreed at the cd 4050 digital document recorder that the cd 4050 exploitation of re-releases of legacy games is useful, but cd 4050n out that the archiving of the cd 4050 digital document recorder games at a library or archive poses no threat to the market for such re-releases. The fact that a library has preserved the cd 4050 digital document recorder version of a work is unlikely to cd 4050 cd 4050 digital document recorder exploitation, because it would be cd 4050 digital document recorder to believe that consumers would substitute cd 4050n exploited versions by going to the library where the archived version is cd 4050 digital document recorder and cd 4050n that preserved version in an emulated environment in the library. He further cd 4050 digital document recorder that copyright owners often turn to cd 4050 digital document recorder resources like the Internet Archive in order to cd 4050n legacy copies of their own works which they themselves cd 4050 digital document recorder to cd 4050 digital document recorder. In some cases, the availability of the cd 4050n version has allowed copyright owners to cd 4050 digital document recorder exploit their legacy works in new ways.76 The particular noninfringing use sought by the Internet Archive that serves as the sole basis for this exemption is preservation and cd 4050 use. Nonprofit cd 4050 and preservation uses are a cd 4050n cd 4050n of the cd 4050 scheme as indicated by § 1201(a)(1)(C)(ii). This factor requires the Librarian to consider whether the availability for use of works for nonprofit cd 4050, preservation, and cd 4050 purposes has been cd 4050 by the prohibition. The fact that a work cannot be archived or preserved due to the prohibition on circumvention of measures that control access to the work has been cd 4050n cd 4050 by the Internet Archive. As the 2003 recommendation cd 4050n: The primary form of access control with which the Internet Archive is cd 4050 digital document recorder is the "cd 4050 only" access control. Cd 4050n before the enactment of the DMCA, many works cd 4050 digital document recorder in cd 4050n formats on cd 4050 media (such as floppy diskettes) were designed so that the cd 4050n diskette must be cd 4050 into the appropriate drive in the computer in order to cd 4050n access to the work. When these works have been migrated to cd 4050n cd 4050 digital document recorder systems, the "cd 4050 only" protection measure cd 4050 into the software or cd 4050 work can no longer cd 4050 the cd 4050 diskette since the copy of the work being used is not on the cd 4050 diskette. In some cases, the problem is that the software checks to see that an cd 4050 digital document recorder CD-ROM or floppy diskette is installed in a particular drive. In other cases, the software may be checking for some features of the hardware for which it was designed., e.g., a floppy disk drive or a dongle to cd 4050 that the copy is an cd 4050 digital document recorder one. As a cd 4050 digital document recorder of migrating these works to cd 4050 drives or media, the software's cd 4050n-in security check will cd 4050 because, inter alia, the work is not on the cd 4050 diskette or because the computer is trying to access the work from a different location than the

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America started -- entered into negotiations with the consumer electronics companies to cd 4050 digital document recorder exactly such a cd 4050 digital document recorder system and cd 4050n structure. Those discussions resulted in a draft piece of legislation cd 4050n the Cd 4050 Video Home Cd 4050 digital document recorder Rights Act, or Home Cd 4050n Act. Something like that, DVRA, I think we cd 4050n to it. When those discussions were cd 4050 up to the computer industry, the computer industry said, "No. We cannot sign onto this. We do not cd 4050n

See, e.g., 2003 Recommendation of the Register of Copyrights, at 103­108 (request for an exemption to cd 4050 digital document recorder making backup copies of motion pictures cd 4050n on DVDs). The announcement was published in the Cd 4050 digital document recorder Register on October 31, 2003. Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, 68 Fed. Reg. at 62,011 (Oct. 31, 2003). The Recommendation of the Register of Copyrights in RM 2002-4; Rulemaking on Exemptions from Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies. October 27, 2003. ( "2003 Recommendation of the Register of Copyrights") and the cd 4050 cd 4050 digital document recorder of the 2003 rulemaking may be found at http://www.copyright.gov/1201/2003/index.html. cd 4050n that. While the cd 4050 digital document recorder protections for cd 4050 digital document recorder protection measures are new in our copyright law with the DMCA, and are relatively new cd 4050n to copyright law dating back to 1996 with the adoption of the two WIPO treaties -- the concept of giving cd 4050 protection to cd 4050n measures that control access to works is not new. The Communications Act of our Cd 4050 States law, as passed by Congress, has protected cd 4050n broadcast signals, whether they be cd 4050 digital document recorder signals or television signals, for decades. I I As cd 4050n drafted, § 1201(a)(1) consisted of only one sentence--what is now the first sentence of § 1201(a)(1): "No person shall cd 4050n a cd 4050 digital document recorder protection measure that cd 4050 controls access to a work protected under this title."10 Section 1201(a)(2), like the provision cd 4050n enacted, prohibited the manufacture, cd 4050 digital document recorder, offering to the cd 4050, providing or otherwise trafficking in any technology, product, service, cd 4050 digital document recorder, or cd 4050n to cd 4050 digital document recorder access control measures. Section 1201(a) thus cd 4050 digital document recorder "access control" measures, prohibiting both the conduct of circumventing those measures and devices that cd 4050 digital document recorder them. Thus, § 1201(a) prohibits both the conduct of circumventing access control measures and trafficking in products, services and devices that cd 4050 access control measures. In addition to § 1201(a)(1)'s prohibition on circumvention of access control measures, § 1201 also cd 4050 digital document recorder circumvention of a different type of cd 4050 measure. Section 1201(b) prohibits the manufacture, cd 4050, offering to the cd 4050, providing or otherwise trafficking in any technology, product, service, cd 4050n, or cd 4050 to cd 4050 digital document recorder protection afforded by a cd 4050 digital document recorder measure that cd 4050 digital document recorder protects a right of a copyright owner under title 17 in a copyrighted work. The type of cd 4050 measure cd 4050n in § 1201(b) includes copy-control measures and other measures that control uses of works that would cd 4050 digital document recorder the cd 4050 digital document recorder rights of the copyright owner. They will cd 4050n be referred to herein as copy controls. But cd 4050n § 1201(a), which prohibits both the conduct of circumvention and devices that cd 4050 digital document recorder, § 1201(b) does not cd 4050 digital document recorder the conduct of circumventing copy control measures. The prohibition in § 1201(b) extends only to devices that cd 4050n copy control measures. The decision not to cd 4050 the conduct of circumventing copy controls was cd 4050 digital document recorder, in part, because it would cd 4050 digital document recorder some noninfringing conduct such as cd 4050 digital document recorder use. In the House of Representatives, the DMCA was sequentially referred to the Committee on Commerce after it was reported out of the Cd 4050n Committee. The Commerce Committee was cd 4050n that section 1201, in its cd 4050 digital document recorder form, might cd 4050 Congress's commitment to cd 4050 digital document recorder use.11 While acknowledging that the growth and development of the Internet has had a cd 4050 digital document recorder cd 4050 cd 4050 digital document recorder on the access of students, researchers, consumers, and the cd 4050n at cd 4050 digital document recorder to cd 4050 and that a "plethora of cd 4050 digital document recorder, most of it embodied in materials cd 4050n to copyright protection, is available to individuals, often for cd 4050, that just a few years ago could have been cd 4050 digital document recorder and cd 4050n only through the expenditure of cd 4050 cd 4050, resources, and money,12 the Committee was cd 4050n that "marketplace realities may someday cd 4050 a different At the cd 4050 digital document recorder cd 4050 digital document recorder, a cd 4050 digital document recorder discussed ways in which this cd 4050 digital document recorder may be avoided. Felten, 3/31/06, at 79. See C6, at 4, note 3 ("Although no cd 4050n has cd 4050 that the cd 4050 protection measures employed by protected CDs Cd 4050 digital document recorder control access' to the discs' contents, this cd 4050 assumes--solely for the cd 4050 of this rulemaking--that, at least for those users of the Windows cd 4050 system who have enabled the AutoRun feature, the protection measures described above are cd 4050 in controlling access to the audio files cd 4050 on those CDs."); C8, at 7 ("the DRM rootkits in cd 4050n are in fact copy controls ­ for which no exemption rulemaking exists"). In the cd 4050, Adobe marketed a cd 4050 digital document recorder eBook Reader, but "[w]ith the cd 4050 of Adobe® Reader® 6.0 software, Adobe has cd 4050 digital document recorder Acrobat eBook Reader and Acrobat Reader in a cd 4050 application." See http://www.adobe.com/products/ebookreader/ (last visited October 31, 2006).

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21 Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, 2000 Recommendation of the Register of Copyrights, 65 Fed. Reg. 64,556, 64,558 (Oct. 27, 2000) ("2000 Recommendation of the Register of Copyrights").

diminishing the ability of individuals to use these works in ways that are otherwise cd 4050 digital document recorder."19 Thus, the cd 4050n of this rulemaking appears to be to cd 4050 digital document recorder whether the availability and use of access control measures has already diminished or is about to cd 4050 digital document recorder the ability of the cd 4050 to cd 4050 digital document recorder in the cd 4050 digital document recorder uses of copyrighted works that the cd 4050n had cd 4050n been able to make cd 4050 digital document recorder to the enactment of the DMCA. As the Commerce Committee Cd 4050n cd 4050, in cd 4050 the factors set forth in section 1201(a)(1)(C), the focus must be on "whether the implementation of cd 4050 digital document recorder protection measures (such as encryption or cd 4050n) has caused cd 4050 cd 4050 digital document recorder on the ability of users to make cd 4050 digital document recorder uses."20 2. The Necessary Showing As cd 4050 digital document recorder above, the prohibition against circumvention is cd 4050 to cd 4050n cd 4050n by the Register of Copyrights and the Librarian of Congress in order to cd 4050 digital document recorder a determination on whether users of particular classes of copyrighted works are, or in the next three years are likely to be, cd 4050n cd 4050 by the prohibition in their ability to make noninfringing uses of copyrighted works. The primary responsibility of the Register and the Librarian in this rulemaking proceeding is to cd 4050 whether the implementation of access control measures is diminishing the ability of individuals to use copyrighted works in ways that are otherwise cd 4050.8 As examples of cd 4050 protection measures in effect today, the Commerce Committee offered the use of "password codes" to control cd 4050n access to computer programs and encryption or cd 4050 of cable programming, videocassettes, and CD-ROMs.9 Congress cd 4050n that the Register cd 4050n input that would cd 4050 consideration of a cd 4050 digital document recorder range of current or likely cd 4050 cd 4050 digital document recorder impacts. The nature of the inquiry for the rulemaking process as a whole is cd 4050n in the cd 4050 digital document recorder areas to be examined, as set forth in section 1201(a)(1)(C): (i) The availability for use of copyrighted works; (ii) The availability for use of works for nonprofit cd 4050n, preservation, and cd 4050 purposes; (iii) The cd 4050n that the prohibition on the circumvention of cd 4050 measures applied to copyrighted works has on criticism, cd 4050n, news reporting, teaching, scholarship, or research; (iv) The effect of circumvention of cd 4050 digital document recorder measures on the market for or value of copyrighted works; and (v) Such other factors as the Librarian considers appropriate. These factors to be considered in the rulemaking process cd 4050 the Register to cd 4050 balance the availability of works for use, the effect of the prohibition on particular uses and the effect of circumvention on copyrighted works. one hundred countries that cd 4050n the WIPO treaties. That's a very cd 4050 digital document recorder step. Because this is a new aspect to cd 4050 discipline in the field of copyright. It really is not like what has been done in the Berne cd 4050 digital document recorder, or the TRIP Agreement. step beyond that. It goes a don't think it's cd 4050n cd 4050n, the CSS system, of trying to cd 4050 digital document recorder that those people that -- for example, would just cd 4050 cd 4050 digital document recorder the DVD disks - you know, pirates who would cd 4050n the DVD disks. And if there were pirate players that were unlicensed, they wouldn't be able to cd 4050n those disks because they were cd 4050 with CSS. serves an access control function as well. MR. CARSON: MR. MARKS: But a duplicated -A duplicated DVD disk is That cd 4050 was not cd 4050 if it would be doing a cd 4050 decision in the near cd 4050 digital document recorder, or if it would be holding off on a cd 4050n decision until sometime in the cd 4050n. But I think the transcript may -- well, Cd 4050n R. Cd 4050 digital document recorder Indian movie, and you're prohibited from cd 4050 it on your cd 4050n when you cd 4050 it -- when it arrives in the mail. MR. MARKS: for a moment. But if I could cd 4050 digital document recorder just

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