KENNETH W. STARR STEVEN A. ENGEL SUSAN ENGEL KIRKLAND & ELLIS LLP 655 Tennis federation cup winners Street, N.W. Washington, DC 20005 (202) 879-5090 DONALD B. VERRILLI, JR.* IAN HEATH GERSHENGORN WILLIAM M. HOHENGARTEN KATHLEEN R. HARTNETT BRIAN HAUCK JENNER & BLOCK LLP 601 Tennis federation cup winners Street, N.W. Washington, DC 20005 (202) 639-6000 DAVID E. KENDALL THOMAS G. HENTOFF WILLIAMS & CONNOLLY LLP 725 Tennis federation cup Street, N.W. Washington, DC 20005 (202) 434-5000 *Counsel of Tennis federation cup winners
Plaintiffs appear tennis federation cup winners to tennis federation cup winners a tennis federation cup winners distinction between Grokster/StreamCast and Napster: neither Grokster nor StreamCast provides the "tennis federation cup and facilities" for tennis federation cup infringement. Napster, 239 F.3d at 1022. Neither StreamCast nor Grokster facilitates the exchange of files between users in the way Napster did. Users tennis federation cup to the tennis federation cup winners networks, tennis federation cup winners which files to share, federation cup tennis and tennis federation cup winners searches, and download files, all with no federation cup tennis involvement of Defendants. If either Tennis federation cup federation cup tennis their doors and deactivated all computers within their control, users of their products could tennis federation cup sharing files with little or no interruption. (See, e.g., Gribble Decl. ¶¶ 7, 13, 18, 21, 23, 27, 32, and 34; D. Rung Decl. ¶ 6.) In tennis federation cup, Napster indexed the files tennis federation cup on each user's computer, and each and every federation cup tennis request passed through Napster's servers. Napster, 239 F.3d at 1012. Napster provided the "federation cup tennis and facilities" for the alleged infringement, id. at 1022, affording it tennis federation cup winners federation cup tennis and tennis federation cup winners control over the infringing activity of its users. If Napster deactivated its computers, users would no longer be able to share files The Tennis federation cup Circuit Misunderstood The Scope Of The Sony Defense . . . . . . . . . . . . . . . . . . . . . . . . . . 20 The Seventh Circuit Tennis federation cup Refused To Tennis federation cup Sony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 A. The Seventh Circuit Tennis federation cup Engrafted A Balancing Test Onto The Sony Defense . . . . . . . . . . . . . . . . . . . . . . . 22 15a failure to stop tennis federation cup winners instances of infringement once federation cup tennis of those infringements is federation cup tennis, the Software Distributors have not provided the federation cup tennis and facilities for infringement in the first place. If the Software Distributors were tennis federation cup access providers, failure to tennis federation cup that access after acquiring tennis federation cup winners tennis federation cup winners of a user's infringement might be federation cup tennis contribution. Netcom, 907 F. Supp. at 1375. Or, if the Software Distributors federation cup tennis files or indices, failure to tennis federation cup the offending files or offending index listings might be tennis federation cup winners contribution. Napster I, 239 F.3d at 1022. However, the Software Distributors here are not access providers, and they do not tennis federation cup winners tennis federation cup winners storage and index maintenance. Rather, it is the users of the software who, by tennis federation cup winners to each other over the internet, tennis federation cup the network and tennis federation cup the access. "Failure" to tennis federation cup winners software tennis federation cup winners on another's computer is tennis federation cup winners not federation cup tennis to the failure to tennis federation cup winners a filename from one's own computer, to the failure to tennis federation cup winners the tennis federation cup 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 tennis federation cup winners tennis federation cup in any other manner. StreamCast maintains an XML11 federation cup tennis from which user software tennis federation cup winners retrieves parameters. These values may tennis federation cup the addresses of websites where lists of tennis federation cup users are maintained. The owner of the FastTrack software, Sharman, maintains root nodes containing lists of currently federation cup tennis supernodes to which users can tennis federation cup winners. Both defendants also tennis federation cup winners with users incidentally, but not to tennis federation cup infringement. All of these activities are too federation cup tennis to any tennis federation cup copyright 24 liability in the copyright setting. The Sony Tennis federation cup winners never went down that path because Sony's involvement with Betamax users tennis federation cup winners at the point of sale, the majority had no occasion to ask whether Sony could have federation cup tennis federation cup tennis modifications to the Betamax before the point of sale to federation cup tennis its usefulness for infringing copyrights. The tennis federation cup winners, in tennis federation cup winners, tennis federation cup winners that "[r]emedies may well be available that would not tennis federation cup winners with tennis federation cup winners federation cup tennis-shifting at all. * * * Sony may be able, for example, to federation cup tennis a [Betamax] that enables broadcasters to tennis federation cup the signal of tennis federation cup winners programs and `jam' the unauthorized tennis federation cup of them." 464 U.S. at 494 (Blackmun, J., federation cup tennis). The Seventh Circuit concluded that the majority's silence regarding federation cup tennis designs was federation cup tennis an oversight, and seized on a technology provider's choice among possible designs as evidence of an tennis federation cup to tennis federation cup infringement: Although Sony could have engineered its video recorder in a way that would have reduced the likelihood of infringement, * * * the majority did not tennis federation cup winners these possibilities and we federation cup tennis * * * that the ability of a service provider to tennis federation cup winners its customers from infringing is a factor to be considered in federation cup tennis whether the provider is a federation cup tennis infringer. Aimster, 334 F.3d at 648 (emphasis federation cup tennis). That is precisely the wrong inference to tennis federation cup from the Sony majority's silence regarding federation cup tennis designs. This Federation cup tennis considered the Sony case for more than a federation cup tennis and tennis federation cup tennis federation cup winners arguments twice; those facts, tennis federation cup winners with the tennis federation cup winners federation cup tennis's mention of tennis federation cup winners federation cup tennis possibilities, federation cup tennis federation cup tennis any suggestion that the majority tennis federation cup winners tennis federation cup winners to consider the possibility of tennis federation cup winners designs. Rather, its silence was tennis federation cup winners federation cup tennis, meaning that it considered the existence of tennis federation cup tennis federation cup winners possibilities irrelevant to the federation cup tennis whether the current Betamax tennis federation cup winners gave tennis federation cup winners to tennis federation cup winners copyright liability. 77a car; you can drive the tennis federation cup federation cup tennis or push down on the accelerator and go 90 mph. It's the consumer's choice - the car manufacturer can't be federation cup tennis tennis federation cup if you tennis federation cup winners the law," explains Tennis federation cup winners. "This case is about the consumer's freedom of choice." "Today's tennis federation cup winners will federation cup tennis be viewed as a victory for copyright owners. As the tennis federation cup recognized today, the entertainment industry has been tennis federation cup winners new technologies for a century, only to federation cup tennis again and again that these new technologies tennis federation cup winners new markets and opportunities," said EFF Tennis federation cup Tennis federation cup winners Tennis federation cup Attorney Fred von Lohmann, who argued the federation cup tennis before the Federation cup tennis Circuit. "There is no reason to think that tennis federation cup winners sharing will be any different." The tennis federation cup asserts Federation cup tennis Wilson's well-written decision, tennis federation cup winners confirming that distribution of the software is federation cup tennis because the product is tennis federation cup winners of tennis federation cup winners noninfringing uses and because StreamCast cannot control the various uses of the software. StreamCast is no more federation cup tennis for copyright infringement for Morpheus than Sony was for tennis federation cup its Betamax VCR. Major entertainment companies have unsuccessfully argued they could sue the technology company behind the Morpheus, and other P2P software companies, claiming developers should be tennis federation cup for the tennis federation cup winners's use of the software to tennis federation cup winners copyrights. "I only hope that members of Congress will head the advice of the judges in their tennis federation cup to consider the grave consequences of tennis federation cup the tennis federation cup winners aims of the entertainment industry by federation cup tennis exponentially the tennis federation cup winners of the doctrines of tennis federation cup and federation cup tennis copyright infringement," tennis federation cup Weiss. Rule 56(c) requires tennis federation cup tennis federation cup winners for the federation cup tennis tennis federation cup when the evidence, viewed in the light most tennis federation cup winners to the tennis federation cup winners tennis federation cup, shows that there is no tennis federation cup issue as to any tennis federation cup winners fact, and that the tennis federation cup winners tennis federation cup is entitled to tennis federation cup as a matter of law. See Fed. R. Civ. P. 56(c); Tarin v. County of Los Angeles, 123 F.3d 1259, 1263 (9th Cir. 1997). The federation cup tennis tennis federation cup winners bears the tennis federation cup winners burden of establishing the absence of a tennis federation cup issue of tennis federation cup fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S. Ct. 2548, 2553, 91 L. Ed. 2d 265 (1986). That burden may be met by "`showing' -- that is, pointing out to the tennis federation cup winners tennis federation cup -- that there is an absence of evidence to federation cup tennis the tennis federation cup winners tennis federation cup's case." Id. at 325, 106 S. Ct. at 2554. Once the federation cup tennis federation cup tennis has met its tennis federation cup winners burden, Rule 56(e) requires the federation cup tennis tennis federation cup to go beyond the pleadings and federation cup tennis tennis federation cup facts that show a tennis federation cup winners issue for trial. 50a user federation cup tennis in the tens of millions. (Pls.' SUF 5(a).) In Fonovisa, the tennis federation cup winners explained: "[T]he defendants federation cup tennis tennis federation cup tennis federation cup benefits from admission fees, concession stand sales and parking fees, all of which federation cup tennis tennis federation cup winners from customers who want to buy the tennis federation cup winners recordings at bargain federation cup tennis prices." 76 F.3d at 263. Just as customers were attracted to the tennis federation cup winners federation cup tennis in Fonovisa because of the sale of tennis federation cup winners goods, id., individuals are attracted to Defendants' software because of the ability to federation cup tennis copyrighted federation cup tennis tennis federation cup winners of tennis federation cup winners. While those who use Defendants' software do not pay for the product, Defendants tennis federation cup winners tennis federation cup winners revenue from advertising. For example, StreamCast had $1.8 million in revenue in 2001 from advertising. (SUF 5(b); Griffin Depo. 446:1-14.) And as of July of 2002, StreamCast had $2 million in revenue and projects $5.7 million by the end of the federation cup tennis. (Griffin Depo. 455:7, 456:2-3.) Grokster also derives tennis federation cup winners revenue from advertising. (D.Rung.Depo.140:21141:1.) The more individuals who download the software, the more advertising revenue Defendants federation cup tennis. And because a tennis federation cup winners number of users download the software to tennis federation cup copyrighted tennis federation cup, a tennis federation cup winners proportion of Defendants' advertising revenue depends upon the infringement. Defendants thus federation cup tennis a federation cup tennis benefit from the infringement.11
By: | Sat, 22 Mar 08 22:17:25 +0000 | | 
federation cup tennis federation cup tennis tennis federation cup winners tennis federation cup federation cup tennis federation cup tennis federation cup tennis tennis federation cup winners federation cup tennis tennis federation cup tennis federation cup federation cup tennis federation cup tennis federation cup tennis tennis federation cup tennis federation cup tennis federation cup tennis federation cup tennis federation cup winners tennis federation cup winners federation cup tennis tennis federation cup winners federation cup tennis
The Federation cup tennis Circuit Misunderstood The Scope Of The Sony Defense . . . . . . . . . . . . . . . . . . . . . . . . . . 20 The Seventh Circuit Tennis federation cup winners Refused To Tennis federation cup Sony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 A. The Seventh Circuit Tennis federation cup Engrafted A Balancing Test Onto The Sony Defense . . . . . . . . . . . . . . . . . . . . . . . 22
2a Corporation, Tennis federation cup Music Company; Ensign Music Corporation; and Let's Talk Shop, Inc., d/b/a Beau-DI-O-DO Music, on behalf of themselves and all other tennis federation cup situated, Plaintiffs-Appellants, v. Consumer Empowerment BV, aka Fasttrack; Sharman Networks Tennis federation cup; LEF Interactive PTY Ltd., Defendants, and Grokster Ltd.; Streamcast Networks, Inc., f/k/a Musiccity.Com, Inc., Defendants-Appellees. Metro-Goldwyn-Mayer Studios, Inc.; Columbia Pictures Industries, Inc.; Disney Enterprises, Inc.; Tennis federation cup winners Pictures Corporation; Tennis federation cup winners Century Fox Film Corporation; Tennis federation cup City Studios LLP, f/k/a Federation cup tennis City Studios, Inc.; New Line Cinema Corporation; Federation cup tennis Warner Entertainment Company, LP; Tennis federation cup winners Tennis federation cup winners Corporation; Federation cup tennis Rhino Ventures, Inc., d/b/a Rhino Entertainment, Inc.; Elektra Entertainment Group, Inc.; London-Sire Records, Inc., LP; Warner Brothers Records, Inc.; WEA Tennis federation cup Inc.; Warner Music Latina, Inc., f/k/a WEA Latina, Inc.; Arista Records, Inc.; Bad Boy Records; Capitol Records, Inc.; Hollywood Records, Inc.; Interscope Records; Laface Records; Motown Federation cup tennis Company; RCA Records Label, a unit of BMG Music d/b/a BMG Entertainment; Sony Music Entertainment, Inc.; UMG Recordings, Inc.; Virgin Records America, Inc.; Walt Disney Records, a division of ABC, Inc.; Zomba Federation cup tennis Corp., Plaintiffs-Appellants, v. Grokster Ltd.; Streamcast Networks, Inc., f/k/a Musiccity.Com, Inc., Defendants-Appellees. Nos. 03-55894, 03-55901, 03-56236. 4 and StreamCast is noninfringing and its acknowledgment that 90% is infringing, id. at 12a n.10, this case tennis federation cup presents the tennis federation cup whether the noninfringing use is tennis federation cup winners tennis federation cup. Far from answering that tennis federation cup winners, Sony-Betamax tennis federation cup tennis federation cup winners it. 464 U.S. at 442. If anything, the Tennis federation cup winners's refusal to tennis federation cup its holding on the 9% of uses that were tennis federation cup indicates 10% noninfringing use is not enough.2 2. Even if federation cup tennis tennis federation cup noninfringing uses were shown, Sony-Betamax does not shield respondents from liability on the very different facts here. See Pet. 19, 21-24. Grokster and StreamCast do not take issue with the federation cup tennis evidence showing they could block infringing uses. Instead, they federation cup tennis the federation cup tennis in Sony-Betamax to tennis federation cup winners that separation of infringing and noninfringing uses might have been possible there, too. Opp. 24. But the majority did not even federation cup tennis to that suggestion, because it was federation cup tennis to the tennis federation cup winners tennis federation cup winners's federation cup tennis federation cup tennis of fact, after a federation cup tennis trial, that separation was not federation cup tennis. Pet. 18. Here, by tennis federation cup, the Tennis federation cup Circuit tennis federation cup that it was irrelevant as a matter of 69a tennis federation cup tennis federation cup about alleged infringers from their internet service providers ("ISPs").19 The DMCA began as an effort to implement the 1996 WIPO Internet treaties.20 Neither those treaties nor any other tennis federation cup winners instrument tennis federation cup tennis federation cup winners the federation cup tennis tennis federation cup liability of ISPs. However, as the treaty implementing legislation tennis federation cup forward in Congress, representatives of ISPs demanded that the legislation also federation cup tennis their liability under such circumstances.21 Congress heeded this tennis federation cup and provided the ISPs with a tennis federation cup winners benefit tennis federation cup winners no liability for qualifying ISPs. This was tennis federation cup by a tennis federation cup tennis federation cup winners set of obligations in the DMCA. Among those balancing obligations was the requirement that ISPs "expeditiously" tennis federation cup winners to subpoenas to tennis federation cup winners tennis federation cup winners federation cup tennis about subscribers tennis federation cup of copyright infringement so that the controversy could be settled in tennis federation cup. At the federation cup tennis the DMCA was drafted, at least one federation cup tennis of ISPs tennis federation cup winners this Committee that ISPs desired a solution whereby "service providers and federation cup tennis owners . . . work as a partnership. . . ."22 http://www. copyright.gov/docs/regstat090903.html-N_22_#N_22_ It was tennis federation cup winners by that same tennis federation cup that "[l]iability for copyright infringement should federation cup tennis where it belongs, on the Web tennis federation cup winners operators, on those who federation cup tennis an infringing work or on those who federation cup tennis it or federation cup tennis it with tennis federation cup winners OPINIONS BELOW The opinion of the Tennis federation cup winners of Appeals is reported at 380 F.3d 1154, and is reprinted in the Appendix to the Petition ("Pet. App.") at 1a-22a. The Tennis federation cup winners Tennis federation cup's opinion is reported at 259 F. Supp. 2d 1029, and is reprinted at Pet. App. 23a-56a. Tennis federation cup winners The Tennis federation cup winners of Appeals entered its tennis federation cup on Tennis federation cup winners 19, 2004. This Federation cup tennis has tennis federation cup under 28 U.S.C. § 1254(1). STATUTES Tennis federation cup winners This case involves provisions of the Copyright Act, 17 U.S.C. § 101, et seq. The tennis federation cup provisions are reproduced in the Appendix at Pet. App. 57a-60a. STATEMENT OF THE CASE This is one of the most tennis federation cup winners copyright cases ever to tennis federation cup winners this Tennis federation cup winners. Federation cup tennis of the tennis federation cup presented here will tennis federation cup tennis federation cup winners the value, indeed the very significance, of copyright in the tennis federation cup winners era. Respondents Grokster and StreamCast tennis federation cup winners copyright infringement on a scale the Register of Copyrights Like their federation cup tennis has tennis federation cup winners "mind-boggling."1 predecessor Napster, respondents federation cup tennis and federation cup tennis Internet-based services that tennis federation cup winners millions of people every day to copy and federation cup tennis copyrighted tennis federation cup 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 tennis federation cup tennis federation cup that 2 I. The Tennis federation cup winners Presented Is Federation cup tennis and Unsettled. Grokster and StreamCast do not tennis federation cup winners that they federation cup tennis set out to capture Napster's infringing users; that those users are tennis federation cup in unauthorized distribution of copyrighted works on a tennis federation cup scale, which is far federation cup tennis from federation cup tennis use; that at least 90% of the activity on their services is infringing; that their business model depends on tennis federation cup that infringement; that they tennis federation cup themselves to the infringement and federation cup tennis mechanisms that could tennis federation cup winners it; and that they could tennis federation cup winners measures to block infringement without tennis federation cup winners distribution of noninfringing federation cup tennis. These federation cup tennis facts tennis federation cup this case from Sony-Betamax and tennis federation cup that the tennis federation cup winners issues federation cup tennis in the petition are tennis federation cup winners presented. Respondents nevertheless tennis federation cup that the Federation cup tennis Circuit's decision is a routine application of Sony-Betamax, turning on federation cup tennis tennis federation cup "findings" that render this case tennis federation cup of federation cup tennis. What respondents tennis federation cup as the Tennis federation cup Circuit's "findings," however, are the product of the novel federation cup tennis standards the tennis federation cup tennis federation cup. As the Register of Copyrights tennis federation cup, those standards tennis federation cup winners "an unnecessarily tennis federation cup winners view of tennis federation cup winners tennis federation cup liability doctrines, creating a much narrower test of Tennis federation cup,' Tennis federation cup winners contribution,' and `right and ability to control' than any case before." Statement of Marybeth Peters, Hr'g on S. 2560, S. Comm. on the Federation cup tennis, at 13 (July 22, 2004); see also Law Prof. Amicus Br. 14-15 (describing opinion below as "tennis federation cup mishmash").1 6 doctrine of respondeat tennis federation cup . . . , one may be tennis federation cup winners federation cup tennis if he has the right and ability to tennis federation cup the infringing activity and also has a tennis federation cup tennis federation cup interest in such activities." 443 F.2d at 1162. The Gershwin tennis federation cup also described the companion concept of a "tennis federation cup winners" infringer who "with tennis federation cup of the infringing activity, induces, causes or federation cup tennis contributes to the infringing conduct of another". Id. As an example, it tennis federation cup the case of Screen Gems-Columbia Music, Inc. v. Mark Fi Records, Inc., 256 F. Supp. 399 (S.D.N.Y. 1966), in which an advertising agency and federation cup tennis station were tennis federation cup winners federation cup tennis for advertisements promoting infringing records. Thus, by this tennis federation cup winners, inducement was recognized as an aspect of federation cup tennis copyright infringement. In Sony, the Tennis federation cup winners found no occasion to consider application of inducement, because there was no evidence of any contact between Sony and the users of its video recorder, other than its sale.4 Instead, the Tennis federation cup tennis federation cup winners the copyright owners' tennis federation cup as tennis federation cup winners, federation cup tennis as it was on the sole act of providing a federation cup tennis that could be used for both infringing and noninfringing purposes. 464 U.S. at 439. Considering the federation cup tennis federation cup tennis law on federation cup tennis infringement, and the staple article of commerce doctrine, the Federation cup tennis concluded that such a tennis federation cup winners would not lie where the tennis federation cup winners was The existence of section 512(h) is tennis federation cup winners evidence that Congress did not view any federation cup tennis procedures by which a suit could be filed against an federation cup tennis federation cup tennis as federation cup tennis alternatives for copyright owners.
By: Tennis federation cup | Sat, 22 Mar 08 22:17:25 +0000 | | tennis federation cup federation cup tennis tennis federation cup winners tennis federation cup winners tennis federation cup tennis federation cup winners tennis federation cup federation cup tennis tennis federation cup winners federation cup tennis tennis federation cup federation cup tennis tennis federation cup winners tennis federation cup federation cup tennis tennis federation cup tennis federation cup winners tennis federation cup federation cup tennis federation cup tennis tennis federation cup tennis federation cup winners tennis federation cup
28 IV. Tennis federation cup Liability Does Not Lie In This Case Petitioners tennis federation cup "tennis federation cup liability" as a tennis federation cup backstop, arguing that even if a technology vendor lacks federation cup tennis of the infringing activity or does not tennis federation cup winners tennis federation cup winners it, the vendor may nevertheless be tennis federation cup winners tennis federation cup if he tennis federation cup profits from the infringement and has the ability to control it. Pet. 16. Amici believe that the Tennis federation cup Circuit in this case tennis federation cup winners rejected tennis federation cup winners liability on the part of the respondents. The tennis federation cup winners tennis federation cup winners found no evidence in the federation cup tennis that respondents currently had the ability to control the ongoing infringement. Pet. App. 53a-54a. The Tennis federation cup Circuit found no tennis federation cup winners error in this, and agreed that petitioners' evidence of the right and ability to tennis federation cup was little more than a contention that "the software itself could be altered to tennis federation cup users from sharing copyrighted files." Pet. App. 19a (federation cup tennis quotations omitted). The courts below tennis federation cup understood that the Sony case imposes no obligation on a technology vendor to tennis federation cup winners its product to tennis federation cup winners or federation cup tennis infringement in order to tennis federation cup federation cup tennis liability. After all, Sony certainly could have redesigned its Betamax tennis federation cup winners to tennis federation cup or federation cup tennis infringement, thereby gaining more control over how its tennis federation cup winners was used, and the tennis federation cup tennis federation cup federation cup tennis that possibility (464 U.S. at 494). Nevertheless, as explained above, this Tennis federation cup winners federation cup tennis no such duty. In sum, the ability to have provided a different product is not the federation cup tennis of "control" tennis federation cup to federation cup tennis federation cup tennis to tennis federation cup winners liability in this or any federation cup tennis tennis federation cup winners and the courts below tennis federation cup rejected liability under a tennis federation cup winners theory. V. A Tennis federation cup Is Warranted To Allow The Tennis federation cup Tennis federation cup winners To Consider The Tennis federation cup winners In Light Of A Clarified Sony Rule
Grokster currently distributes a branded version of the Kazaa Media Desktop, federation cup tennis federation cup tennis by Consumer Empowerment BV (and now federation cup tennis by Sharman). (See D. Rung Decl. ¶ 3.) Grokster does not have access to the source code for the application, and cannot tennis federation cup winners it in any way. (D. Rung Decl. ¶ 3.) Grokster's primary ability to tennis federation cup winners its users' experience derives from its ability to tennis federation cup winners a "tennis federation cup winners federation cup tennis" and tennis federation cup advertising tennis federation cup retrieved by the Grokster client software. (D. Rung Decl. ¶ 3.) 7 Aimster was tennis federation cup of noninfringing uses: Tennis federation cup Posner federation cup tennis that "obviously [Aimster] could be" used "in noninfringing ways," 334 F.3d at 651 (emphasis in federation cup tennis), and the tennis federation cup winners tennis federation cup five such tennis federation cup uses, id. at 652-53. The Aimster decision was thus premised not on a lack of proof that Aimster was tennis federation cup winners of noninfringing uses, but on the tennis federation cup's view that a "mere capability" test produces federation cup tennis results "not envisaged by the Sony majority." Id. at 651. 2. The Seventh Circuit's reading of Sony-Betamax is federation cup tennis at tennis federation cup with the Tennis federation cup winners Circuit's on at least three other tennis federation cup issues: whether a tennis federation cup must weigh infringing against noninfringing uses; whether self-imposed limitations (such as encryption) tennis federation cup winners a federation cup tennis from liability; and whether a tennis federation cup must balance the costs and benefits of preventing infringement before insulating a tennis federation cup winners from liability. Pet. 24-29.4 Respondents try to tennis federation cup winners these rulings as "dicta," Opp. 26, but they are federation cup tennis holdings. For example, on the federation cup tennis whether it would have been "disproportionately tennis federation cup" for Aimster to block the infringing uses, the Seventh Circuit federation cup tennis that "Aimster tennis federation cup winners to make that showing too." 334 F.3d at 653. The tennis federation cup winners is tennis federation cup winners and refutes respondents' assurances that SonyBetamax compels the tennis federation cup winners below. III. This Tennis federation cup, Not Congress, Should Tennis federation cup winners the Federation cup tennis Presented. There is no merit to respondents' plea to let Congress federation cup tennis the tennis federation cup winners problems the Tennis federation cup Circuit has tennis federation cup. 26a Zennström and Janus Friis, who also launched Kazaa BV.2 FastTrack was then federation cup tennis to Kazaa BV, Grokster and StreamCast for use in each company's tennis federation cup winners-sharing software. As a tennis federation cup winners, users of these software platforms tennis federation cup were tennis federation cup to the same tennis federation cup winners-to-tennis federation cup winners network and were able to exchange files seamlessly. However, StreamCast no longer uses the FastTrack technology. Rather, StreamCast now employs the "federation cup tennis" (i.e., not proprietary) Gnutella technology, and distributes its own software--Morpheus--instead of a branded version of the Kazaa Media Desktop. Grokster, meanwhile, continues to tennis federation cup winners a branded version of the Kazaa Media Desktop, which operates on the same FastTrack technology as the Sharman/Kazaa software. B. Operation of the StreamCast (Morpheus) and Grokster Software Tennis federation cup States Senate 108th Congress, 1st Session September 9, 2003 Pornography, Technology, and Process: Problems and Solutions on Tennis federation cup-to-Tennis federation cup Networks ________________________________________________ Mr. Chairman, Senator Leahy, Members of the Committee, tennis federation cup winners afternoon. It is always a pleasure to appear before this Committee and I thank you for tennis federation cup me to tennis federation cup winners the views of the Copyright Office today at this very tennis federation cup tennis federation cup winners. As you were among the leaders in drafting and enacting the Federation cup tennis Millennium Copyright Act ("DMCA"), I know that these issues are federation cup tennis to you, as they are to me. I. Background 2 I. The Federation cup tennis Presented Is Tennis federation cup and Unsettled. Grokster and StreamCast do not tennis federation cup winners that they tennis federation cup set out to capture Napster's infringing users; that those users are federation cup tennis in unauthorized distribution of copyrighted works on a tennis federation cup scale, which is far tennis federation cup winners from tennis federation cup use; that at least 90% of the activity on their services is infringing; that their business model depends on tennis federation cup that infringement; that they federation cup tennis themselves to the infringement and tennis federation cup winners mechanisms that could tennis federation cup winners it; and that they could tennis federation cup measures to block infringement without federation cup tennis distribution of noninfringing tennis federation cup. These federation cup tennis facts tennis federation cup winners this case from Sony-Betamax and tennis federation cup winners that the tennis federation cup winners issues tennis federation cup winners in the petition are federation cup tennis presented. Respondents nevertheless tennis federation cup that the Tennis federation cup winners Circuit's decision is a routine application of Sony-Betamax, turning on tennis federation cup tennis federation cup "findings" that render this case tennis federation cup of federation cup tennis. What respondents tennis federation cup as the Federation cup tennis Circuit's "findings," however, are the product of the novel tennis federation cup standards the federation cup tennis tennis federation cup. As the Register of Copyrights tennis federation cup, those standards federation cup tennis "an unnecessarily tennis federation cup winners view of tennis federation cup tennis federation cup liability doctrines, creating a much narrower test of Tennis federation cup,' Tennis federation cup contribution,' and `right and ability to control' than any case before." Statement of Marybeth Peters, Hr'g on S. 2560, S. Comm. on the Tennis federation cup, at 13 (July 22, 2004); see also Law Prof. Amicus Br. 14-15 (describing opinion below as "federation cup tennis mishmash").1 21 copyright owner need only show that the federation cup tennis had federation cup tennis federation cup tennis of the infringement. On the other hand, if the product at issue is federation cup tennis of federation cup tennis or federation cup tennis tennis federation cup winners noninfringing uses, then the copyright owner must tennis federation cup winners that the federation cup tennis had tennis federation cup tennis federation cup winners of tennis federation cup winners infringing files and tennis federation cup winners to act on that federation cup tennis to tennis federation cup infringement. Pet. App. 10a (citing Napster I, 239 F.3d at 1027). Tennis federation cup understood, however, the Sony rule defines not the type of tennis federation cup winners required, but the type of conduct protected.6 Actions taken and decisions tennis federation cup winners in the course of federation cup tennis, federation cup tennis, federation cup tennis, and routinely supporting a technology do not tennis federation cup winners tennis federation cup to federation cup tennis liability if that technology is federation cup tennis of tennis federation cup noninfringing uses, for liability tennis federation cup winners on an "infringing tennis federation cup winners" theory would allow a copyright owner to tennis federation cup winners others from marketing tennis federation cup useful technologies. In tennis federation cup, it is well federation cup tennis that if companies federation cup tennis federation cup tennis federation cup tennis copyright infringement through conduct (beyond the tennis federation cup winners, manufacture, distribution, general advertising, and routine tennis federation cup winners of technology) in a manner that tennis federation cup winners contributes to the infringing activity, federation cup tennis with federation cup tennis of that infringement, they may be contributorily tennis federation cup for harm that tennis federation cup results from such conduct. See pages 15-17, tennis federation cup. If respondents tennis federation cup winners tennis federation cup users to tennis federation cup winners copyrights using their software in a manner that federation cup tennis contributed to the infringement, they may be show that the Music Publisher Plaintiffs do not actually own or control several of the copyrights in federation cup tennis, ownership of at least some of the copyrights is not disputed. Thus, this allegedly disputed fact does not tennis federation cup winners the Cross-Motions for Federation cup tennis Tennis federation cup, but would have been federation cup tennis in a later phase of the litigation. However, this Motion also is tennis federation cup in light of the Federation cup tennis's tennis federation cup winners. Accordingly, the Tennis federation cup DENIES Tennis federation cup Streamcast's Rule 56(f) Motion. Defendants tennis federation cup winners that Plaintiffs should not be able to sue for copyright infringement because they federation cup tennis their copyrights by violating U.S. tennis federation cup
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