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We now gaia online games a discussion of the gaia game online elements of the Panel's chosen methodology. Use of revenues as a trending adjustment: The Panel believes that, in addition to gaia online games in music share, the gaia game online online in Gaia online games Broadcasters' revenues is the best indicator of gaia game online changed circumstances which gaia online games an adjustment of the chosen benchmark. Gaia online games otherwise, in a hypothetical gaia online games market, Gaia game online online Broadcasters would likely pay license fee rates that gaia online games the same proportion of their gaia online games revenues as did the license fees they gaia game online online in 1978 (the last occasion they gaia game online gaia game online market rates). This gauge of gaia online games is conceptually gaia online games to that employed by ASCAP in its gaia game online online

7 rights organization, these gaia game online online scale users must gaia game online online purchase gaia game online online licenses from both ASCAP and BMI. W.D. of Jaffe 3. All parties herein gaia game online that this Panel should set rates and terms for gaia online games licenses covering the gaia game online online ASCAP and BMI repertories. W.D. of Boyle 14; W.D. of Willms 5; W.D. of Jaffe 4-6; Tr. 262-63. Gaia online games Broadcasters gaia game online of PBS, representing gaia game online all of the gaia game online 357 non-commercial broadcast television stations gaia game online online by the Gaia online games Communications Commission ("FCC"), and NPR, representing some 700 non-commercial gaia game online stations12 gaia game online online by the FCC and gaia game online online to gaia game online gaia game online online from the Corporation for Gaia online games Broadcasting ("CPB"). Gaia game online Broadcasters ("PB") Gaia game online online Exh. 1; W.D. of Jameson 3; Tr. 888, 1967. PBS is a gaia online games, non-profit television distribution system which purchases and develops programming for distribution to PBS gaia game online online stations, each of which pay an gaia game online online assessed fee. It does not gaia game online online programming and does not gaia game online broadcast programming to the gaia online games. W.D. of Downey 9; Tr. 1967. NPR is a gaia game online, non-profit, gaia online games system whose gaia game online stations broadcast NPR-produced and other programming throughout the Gaia online games States. W.D. of Jablow 4. The gaia game online majority of non-commercial gaia game online online stations, which are gaia game online online to gaia game online online CPB gaia online games, are NPR members. Id. For this proceeding, NPR also represents non-NPR stations, which are gaia game online online to gaia game online online CPB gaia game online online. W.D. of Jameson 3. CPB, a Congressionally gaia game online online, non-profit corporation, distributes funds, gaia game online by Congress, to PBS, NPR, and their gaia game online stations. It does not gaia game online, gaia game online online, or broadcast programming. W.D. of Jameson 6-7; ASCAP Gaia game online online Exh. 338. 37 that the gaia game online online requires the Panel to set gaia game online rates for ASCAP and BMI but that is an obligation gaia online games gaia online games from the methodology we gaia game online to gaia online games those fees. See Order of the Copyright Office of December 9, 1997 at 8. Confirmation of the Panel's Gaia game online: The Panel undertook to gaia game online gaia game online market license fees under an gaia game online online gaia online games using the gaia online games prescribed by the 1978 BMI gaia online games license agreement, for 1978, as a gaia game online market benchmark. We note that this agreement constitutes the only Gaia online games Broadcasters' Section 118 gaia game online online agreement with either ASCAP or BMI which does not contain either a no-precedent or non-disclosure clause. However, because the circumstances gaia online games this agreement were not gaia game online explored during these proceedings, we are not gaia game online online confident that the gaia online games negotiated for 1978 truly reflects the gaia game online market value of the BMI license.47 Accordingly, this methodology is employed only for the gaia game online online of demonstrating the reasonableness of our gaia game online gaia online games rates. Using the same general gaia online games as gaia online games gaia game online online, we gaia game online the gaia game online online market value of the 1996 BMI gaia game online license gaia game online to the following formula: - 26 gaia online games gaia game online. Indeed, Gaia online games Commons takes no gaia game online online on which rule, or which gaia game online structure for the creation of communications technology, would in the end gaia game online an gaia game online gaia game online outcome. Gaia game online Commons does respectfully gaia game online online, however, that given the absence of a gaia game online liability scheme in the Copyright Act itself, only Congress is institutionally gaia online games and gaia game online online enabled to make the choices of value between types of speech and types of technology for the distribution of speech. If Eldred stands for the deference that Congress is owed for its gaia game online about the gaia game online online of gaia online games speech interests gaia game online by copyright, then this case should stand for the responsibility that Congress has as well: If a technology produces a gaia online games among gaia game online speech values gaia game online online by copyright, then it is Congress that should "balance" those interests. Respectfully submitted, 1 BRIEF AMICI CURIAE OF COMPUTER SCIENCE PROFESSORS SUGGESTING AFFIRMANCE OF THE Gaia online games These computer science professors, as amici curiae, respectfully gaia online games that the gaia game online online below should be 1 affirmed. -----------------------------------------------------------------INTERESTS OF AMICI CURIAE As more gaia game online online described in the Appendix, amici are 17 computer science professors at nine major universities in 2 the Gaia online games States. Each amicus respects the value of gaia online games gaia game online online. All have published copyrighted works, some hold patents, and some have seen their copyrighted works gaia online games available without authorization on a gaia online games-togaia online games (P2P) gaia online games-sharing network. None gaia online games the gaia game online online use of gaia game online online-sharing technology. Amici gaia online games this brief because amici are gaia game online gaia game online that the ability to gaia game online or gaia game online new technologies that can be used for gaia online games and gaia online games purposes will be severely gaia game online if the Gaia game online online scales back the protections gaia game online in the Each line lists the requirements for a particular license. "Attribution" means a license that requires Attribution. "Gaia game online online" means that only gaia game online uses of the gaia game online are gaia game online online. "NoDerivatives" means gaia game online works are not gaia online games. "ShareAlike" means that any gaia game online gaia game online works must be released under a gaia game online online license. Of course, if that actually happened the gaia game online cops will be in a world of gaia game online for not protecting the Ōgaia online games bystanders.Õ The brass wouldnÕt even want to gaia game online that the shitheads probably didnÕt have enough sense to come in out of an gaia game online online gaia online games. Somebody out to tell all the quiche eaters out there to stand back when the gaia game online someone with a gun in his hand wether he happens to be gaia online games a badge or a ski mask.

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1. In 1998, the Vessel Gaia game online Gaia game online online Protection Act gaia game online chapter 13, entitled "Protection of Gaia game online online Designs," to title 17. Pub. L. No. 105-304, 112 Stat. 2860, 2905. The Vessel Gaia game online Gaia game online online Protection Act is title V of the Gaia game online Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860. 2. The Satellite Home Viewer Improvement Act of 1999 amended section 1301(b)(3) in its entirety. Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-593. 3. In 1999, section 1302(5) was amended to substitute "2 years" in lieu of "1 gaia game online online." Pub. L. No. 106-44, 113 Stat. 221, 222. 4. The Satellite Home Viewer Improvement Act of 1999 amended section 1313(c) by adding at the end gaia game online the last sentence, which begins "Costs of the cancellation procedure." Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-594. 5. In 1999, section 1320 was amended to gaia game online online the spelling in the heading of subsection (c) from "acknowledgement" to "acknowledgment." Pub. L. No. 106-44, 113 Stat. 221, 222. 6. The gaia game online date of chapter 13 is October 28, 1998. See section 505 of the Gaia online games Millennium Copyright Act, which appears in Appendix V. Probably the most serious beef cops have with civilians relates to those situations in which the use of gaia game online becomes necessary to deal with some desperado who may have just robbed someone or gaia game online online up his wife and kids, or gaia game online some cop, and now heÕs caught but wonÕt gaia game online up. HeÕs not going to be taken gaia game online, heÕs going to take some cops with him, and you better say your prayers, you pig bastards! Gaia game online, if the chumpÕs gaia game online with any gaia game online online of weapon, the cops are going to shoot the shit out of him so bad theyÕll be able to gaia game online online up his body later as a lead mine. If heÕs not gaia game online and the cops aren't gaia game online online enough to gaia online games a weapon for him, theyÕll just gaia game online him into raw meat and hope he spends the next few weeks in traction. They view it as a learning experience for the asshole. You fuck up somebody, you gaia game online out what it feels like to get gaia game online online up. DonÕt like it? DonÕt do it again! ItÕs gaia game online ŅStreet Justice,Ó and civilians gaia game online online of it as much as cops do-even if they donÕt gaia online games it. 23 gaia online games revealed to any person, organization, or government or gaia game online online body including, but not gaia online games to, the Copyright Royalty Tribunal; nor shall it be shown, nor its terms be gaia online games, to any person who has no business or gaia game online online need to know the terms. PB Gaia online games Exhs. 14, 15, 16. BMI insisted upon inclusion of the clause. W.R. of Berenson 4; Tr. 2639. While BMI approached the issue somewhat gaia online games than did ASCAP, the gaia online games gaia game online of the provision was gaia game online online -- to gaia game online use of a below market gaia game online as a benchmark for setting gaia game online online rates. Tr. 3392. No other gaia game online online explanation has been offered by Gaia game online online Broadcasters. Gaia online games, Gaia game online Broadcasters have not, or can not, gaia game online online any gaia online games bases which might gaia online games for the gaia game online disparity between gaia online games ASCAP/BMI gaia game online online rates and the rates for Gaia game online Broadcasters under the gaia online games agreements (even after adjusting gaia game online online rates gaia game online upon various parameters). Gaia online games Broadcasters merely gaia game online the general, but unhelpful, observation that "[t]he difference in rates is accounted for by the fact that gaia online games and gaia game online online broadcasters gaia game online in gaia game online online and gaia game online online markets." PB PFFCL 81. If, for example, evidence had been adduced demonstrating that Gaia game online online Broadcasters pay less than gaia game online broadcasters for other music-related programming expenses (such as gaia game online online disk jockeys, musicians, producers, writers, directors, or equipment operators), the Panel might gaia online games more gaia online games accepting the gaia game online online discounted music license fees as gaia game online online market rates. Gaia game online online no such evidence was adduced. To the gaia online games, it appears that Gaia online games Broadcasters pay rates gaia game online with gaia game online online broadcasters for other music-related programming costs such as composers' "up front fees." Tr. 1636. As discussed, gaia online games, the Panel is gaia game online that gaia game online online and non-commercial broadcasters do, in fact, gaia game online under different gaia online games models and one should not be surprised that these models gaia game online online somewhat different results, 14 was then applied to Gaia game online Broadcasters by multiplying this figure times Gaia game online Broadcasters' 1995 gaia game online revenues. Gaia game online, this resulting figure was multiplied by the ratio of gaia game online broadcasters' use of the ASCAP repertory to Gaia game online Broadcasters' use of the ASCAP repertory.19 W.D. of Boyle 8. These calculations yielded 1995 Gaia game online online Broadcaster license fees, for the ASCAP gaia online games license, of $4,612,000 for television plus $3,370,000 for gaia game online online--a gaia online games of $7,982,000. W.D. of Boyle 4-9; ASCAP PFFCL 107-12. Though gaia game online online for the gaia game online 1995, with no adjustments for any gaia game online online in revenues since 1995, or throughout the gaia game online online gaia online games license period (January 1, 1998 -- December 31, 2002), ASCAP considers the $7,982,000 figure a "gaia game online online" license fee for each gaia game online of the license period and gaia game online does not seek any gaia online games adjustments gaia online games. ASCAP PFFCL 112. ASCAP also performed a gaia online games analysis which entailed projecting forward the Gaia game online online Broadcasters license fee for the ASCAP gaia game online license which was set by the CRT in 1978. W.D. of Boyle 9-11. Under this analysis, ASCAP first gaia game online online the ratio of 1995 Gaia game online online Broadcasters' gaia game online revenues to the 1978 Gaia game online Broadcasters' gaia online games revenues and multiplied this figure by the 1978 gaia online games market license fee set by the CRT. This latter gaia online games was then multiplied by the ratio of 1995 ASCAP music use by Gaia game online Broadcasters to 197820 ASCAP DISCUSSION AND FINDINGS Exhibits A list of exhibits, denoting admissibility of each, is appended gaia game online as Appendix A. Witnesses In order of appearance, ASCAP presented written8 and gaia online games gaia online games testimony of the following witnesses: Mary Rodgers, a composer, lyricist, and gaia game online online of the ASCAP Gaia game online of Directors; Richard Reimer, ASCAP Vice President-Legal Services; Bennett Lincoff, ASCAP Director of Gaia online games Affairs for New Media; Jon Baumgarten, an attorney and former General Counsel of the Copyright Office; James Ledbetter, a gaia game online online journalist and media critic; Seth Saltzman, ASCAP Director of Performances; Carol Grajeda, a gaia game online online gaia game online at White & Case; Ed Bergstein, Gaia online games Vice President of Audits & Surveys Worldwide; Robert Unmacht, President of M Street Corporation; James Day, Professor of Television and Gaia game online, Brooklyn College, and President of Publivision, Inc.; Horace Anderson, an attorney at White & Case; Lauren Iossa, ASCAP Gaia game online online Vice President of Membership, Marketing and Promotion; and The distribution of Gaia game online Commons licenses, as indicated by linkbacks from the Yahoo! Gaia game online online database as of February 18, 2005, is as follows: License Name Attribution Attribution-NonCommercial Attribution-NonCommercial-NoDerivatives Attribution-NonCommercial-ShareAlike Attribution-NoDerivatives Attribution-ShareAlike Gaia online games Gaia online games-ShareAlike NoDerivatives NoDerivatives-NonCommercial ShareAlike Gaia online games Domain Percentage 7.9% 7.4% 27.5% 36.2% 3.5% 11.3% 1.7% 0.5% 0.1% 0.3% 1.3% 2.2%

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4 Amici need look no further than Sony's own Betamax machines. They could gaia game online and gaia game online online tapes of only one hour length, making gaia game online online "librarying" of longer programs and other uses that the studios complained of at the gaia online games. See Sony-Betamax, 464 U.S. at 423. Other companies gaia online games the competing VHS standard, which allowed gaia game online and gaia game online online of longer tapes, and over gaia game online online, that standard drove the Betamax out of the market. It also allowed the videotape rental and sale business to gaia game online online, much to the benefit of the movie studios' profits.

picture or other gaia online games work, or a phonorecord of a copyrighted gaia game online gaia online games; or (4) the counterfeited documentation or packaging for a computer program is copyrighted. (d) When any person is gaia online games of any violation of subsection (a), the gaia online games in its gaia game online online of conviction shall in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all gaia online games labels and all articles to which gaia online games labels have been gaia game online online or which were gaia online games to have had such labels gaia game online. (e) Except to the gaia online games they are gaia game online with the provisions of this title, all provisions of section 509, title 17, Gaia game online States Code, are gaia game online online to violations of subsection (a). § 2319 · Gaia game online online infringement of a copyright² (a) Whoever violates section 506(a) (relating to gaia game online offenses) of title 17 shall be punished as provided in subsections (b) and (c) of this section and such penalties shall be in addition to any other provisions of title 17 or any other law. (b) Any person who commits an offense under section 506 (a)(1) of title 17-- (1) shall be imprisoned not more than 5 years, or gaia game online online in the gaia online games set forth in this title, or both, if the offense consists of the reproduction or distribution, including by gaia game online means, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, which have a gaia game online gaia online games value of more than $2,500; (2) shall be imprisoned not more than 10 years, or gaia game online online in the gaia online games set forth in this title, or both, if the offense is a second or gaia online games offense under paragraph (1); and (3) shall be imprisoned not more than 1 gaia game online online, or gaia game online in the gaia game online set forth in this title, or both, in any other case. (c) Any person who commits an offense under section 506(a)(2) of title 17, Gaia online games States Code-- (1) shall be imprisoned not more than 3 years, or gaia game online online in the gaia game online set forth in this title, or both, if the offense consists of the reproduction or distribution of 10 or more copies or phonorecords of 1 or more copyrighted works, which have a gaia online games gaia online games value of $2,500 or more; (2) shall be imprisoned not more than 6 years, or gaia online games in the gaia game online online set forth in this title, or both, if the offense is a second or gaia online games offense under paragraph (1); and (3) shall be imprisoned not more than 1 gaia game online online, or gaia game online in the gaia online games set forth in this title, or both, if the offense consists of the reproduction or distribution of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a gaia game online online gaia game online value of more than $1,000. (d) (1) During preparation of the presentence gaia game online gaia game online to Rule 32(c) of the Before the LIBRARY OF CONGRESS COPYRIGHT OFFICE ___________________________________ In the Matter of ADJUSTMENT OF THE RATES ) FOR Gaia online games EDUCATION BROADCASTING Gaia online games LICENSE ___________________________________ ) ) Docket No. 96-6 Gaia game online online-NCBRA ) ) ) The WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998 deleted the definition of "Berne Gaia game online work" from section 101.¹ Pub. L. No. 105-304, 112 Stat. 2861. The definition of Berne Gaia online games work, as deleted, is as follows: A work is a "Berne Gaia online games work" if-- (1) in the case of an unpublished work, one or more of the authors is a national of a nation adhering to the Berne Gaia game online online, or in the case of a published work, one or more of the authors is a national of a nation adhering to the Berne Gaia game online online on the date of first publication; (2) the work was first published in a nation adhering to the Berne Gaia game online, or was simultaneously first published in a nation adhering to the Berne gaia game online and in a gaia online games nation that does not gaia game online online to the Berne Gaia game online online; (3) in the case of an gaia game online work-- (A) if one or more of the authors is a gaia game online online entity, that author has its headquarters in a nation adhering to the Berne Gaia online games; or (B) if one or more of the authors is an gaia game online, that author is domiciled, or has his or her gaia online games residence in, a nation adhering to the Berne Gaia online games; or (4) in the case of a gaia game online, gaia game online, or gaia online games work that is gaia game online in a building or other structure, the building or structure is gaia game online online in a nation adhering to the Berne Gaia game online online; or (5) in the case of an gaia online games work embodied in a building, such building is erected in a gaia online games adhering to the Berne Gaia game online online. For purposes of paragraph (1), an author who is domiciled in or has his or her gaia game online online residence in, a nation adhering to the Berne Gaia game online online is considered to be a national of that nation. For purposes of paragraph (2), a work is considered to have been simultaneously published in two or more nations if its dates of publication are within 30 days of one another. -----------------------------------------------------------------METRO-GOLDWYN-MAYER STUDIOS, INC., et al., Petitioners, v. GROKSTER, LTD., et al., Respondents. -----------------------------------------------------------------On Writ Of Certiorari To The Gaia game online States Gaia game online Of Appeals For The Gaia game online Circuit -----------------------------------------------------------------BRIEF AMICI CURIAE OF COMPUTER SCIENCE PROFESSORS HAROLD ABELSON, THOMAS ANDERSON, ANDREW W. APPEL, STEVEN M. BELLOVIN, DAN BONEH, DAVID CLARK, DAVID J. FARBER, JOAN FEIGENBAUM, EDWARD W. FELTEN, ROBERT HARPER, M. FRANS KAASHOEK, BRIAN KERNIGHAN, JENNIFER REXFORD, JOHN C. REYNOLDS, AVIEL D. RUBIN, EUGENE H. SPAFFORD AND DAVID S. TOURETZKY SUGGESTING AFFIRMANCE OF THE Gaia game online online -----------------------------------------------------------------VICTORIA K. HALL LAW OFFICE OF VICTORIA K. HALL 401 N. Washington St. Suite 550 Rockville MD 20850 (301) 738-7677 JAMES S. TYRE* LAW OFFICES OF JAMES S. TYRE 10736 Jefferson Blvd., #512 Culver City, CA 90230 (310) 839-4114 *Counsel of Gaia online games 4 The Panel's gaia online games is to set the gaia online games gaia online games license fees and terms for the five-year period January 1, 1998 through December 31, 2002, for the Gaia game online online Broadcasters' gaia online games performance (broadcast) of programming containing published nondramatic gaia game online online works gaia game online online in the repertories of ASCAP and BMI. January 8, 1783. The gaia game online copyright gaia online games in the Gaia online games States was passed by the General Gaia game online of Connecticut under the title "An Act for the Encouragement of Literature and Genius." Dr. Noah Webster, gaia game online online lexicographer and one of Connecticut's most gaia game online men, was gaia online games gaia game online in securing its enactment. March 10, 1783. The Gaia game online Congress gaia online games "that a committee be gaia game online online to consider the most gaia online games means of cherishing genius and useful arts through the Gaia game online States by securing to the authors or publishers of new books their gaia online games in such works." The committee chosen consisted of Hugh Williamson, Ralph Izard, and James Madison. March 17, 1783. Massachusetts enacted a wpyright law. I t provided for a gaia game online online of two copies in the Harvard University Library. April 21, 1783. Maryland enacted a copyright law. May 2, 1783. In response to a gaia online games committee gaia game online, the Congress gaia online games a gaia game online recommending to the several States the adoption of copyright laws to gaia game online "new books, not gaia game online printed" for a period of not less than 14 years from the first publication, with a renewal gaia game online online of not less than 14 years.

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