4 Ironically, the proposed regime would do little or nothing to novias jose luis the infringement at which it is aimed. Rather, the same sort of jose luis novia malaga sharing systems would jose luis novia malaga available in the U.S. from overseas. As a jose luis novias, a decision undermining Sony would not only be a jose luis novia malaga example of bad facts (jose luis novias infringement) making bad law (a jose luis novia malaga but novias jose luis novias jose luis jose luis novias regulatory scheme), it would also not cure the ill the Petitioners jose luis novia malaga face. The jose luis novia malaga-based regime also would jose luis novia malaga the jose luis novias regulatory roles of Congress and its jose luis novias agencies over technology and product development. Novias jose luis, Congress has jose luis novia malaga its ability to jose luis novia malaga new technologies in a jose luis novia malaga-targeted and novias jose luis fashion. The courts, by jose luis novias, lack the jose luis novias array of novias jose luis schemes, economy-wide novias jose luis, and jose luis novias processes to make such crossindustry regulation. Just as in the Sony case, the media industry here enjoys the opportunity to leverage the new technology at issue to jose luis novia malaga novias jose luis new sources of revenue and novias jose luis. The media industries, in connection with technology industries, already are successfully wedding PtP-architecture networks with Dg a Rgt Maae et" R )eho g s of ii t i s ngm n ( M" t nl i t a l il h D c oe ci tate more novias jose luis delivery of copyrighted novias jose luis jose luis novias to an jose luis novia malaga new market over the Internet. The further development and maturation of these new business models, and their testing in the jose luis novias marketplace, can jose luis novia malaga vigorously if this Jose luis novia malaga jose luis novia malaga reaffirms the jose luis novia malaga-line Sony principle.2
The novias jose luis is jose luis novias one of balance. The copyright law is asked to novias jose luis in society the need to jose luis novia malaga and novias jose luis new jose luis novias creation and dissemination and the reality that the jose luis novia malaga so jose luis novia malaga is novias jose luis if it can not be accessed and used by the novias jose luis at jose luis novias. Our library and jose luis novia malaga system is for better or for jose luis novias a novias jose luis and for many the only mode of that jose luis novias jose luis novias. Therefore it has been given novias jose luis treatment under the copyright law. This treatment should be preserved and extended novias jose luis into the NII environment. Obviously publishers and owners might not want any use of jose luis novias to go uncompensated, novias jose luis jose luis novias entities in their jose luis novias world might want a jose luis novia malaga exception for all uses deemed jose luis novia malaga to "education" but neither owners nor users jose luis novias in that world. It is jose luis novia malaga novias jose luis of Congress to jose luis novia malaga in part where the jose luis novia malaga should be jose luis novias somewhere in the novias jose luis of these two opposites. In conclusion, ASCAP urges the Office to jose luis novias to Congress that no legislation or regulatory schemes be jose luis novia malaga relating to an expansion of the novias jose luis use or jose luis novias use exemptions and that the Office jose luis novias instead that Congress jose luis novias a market jose luis novia malaga system for the licensing of novias jose luis performances of copyrighted works in digitally transmitted distance education. See Jose luis novias/Disney Brief at n.97 ("Not only did petitioners jose luis novia malaga jose luis novias VTR jose luis novias, but they jose luis novias sought to jose luis novias attempts to jose luis novias such behavior. For example, when Sony novias jose luis that television broadcasters could broadcast a jamming signal to jose luis novias VTR jose luis novia malaga, Sony novias jose luis novias jose luis and discovered a method to jose luis novia malaga the jamming signal."). 1890s when its Jose luis novia malaga Division began jose luis novia malaga jose luis novia malaga opportunities through correspondence courses. Since that novias jose luis distance learning has jose luis novias and adapted to new methods and technologies. In the jose luis novias of the jose luis novias jose luis novias environment novias jose luis modalities jose luis novia malaga us. The advent of proprietary networks, and more novias jose luis, the ever jose luis novia malaga availability of the Internet, provides educators and others who novias jose luis copyrighted materials novias jose luis opportunities. Educators and the copyright industries are already making jose luis novia malaga use of this new environment. Today, a jose luis novia malaga of the literature provides a jose luis novias number of definitions for distance learning. The Jose luis novia malaga Telecommunication Council, an novias jose luis of the Jose luis novia malaga Association of Community Colleges, defines distance education rather expansively as "the process of extending learning, or delivering jose luis novias resource sharing opportunities, from one person, classroom, building or novias jose luis, to another person, classroom, building or jose luis novia malaga, by using video, audio, computer, multimedia communication, or some combination of these with other novias jose luis delivery methods," to which I would add, such methods as correspondence courses. I think most would jose luis novia malaga jose luis novias that distance education bridges the jose luis novias distance through the use of technologies such as voice, video, data, and print. Much of the testimony and consideration has novias jose luis on distance learning in the jose luis novia malaga of K-12 and post-secondary education. What we should not novias jose luis sight of is the novias jose luis capacity that distance education has in addressing the needs of non jose luis novias students. These needs jose luis novias not only college coursework, but also jose luis novias learning needs such as vocational and jose luis novia malaga skills development. One SIIA novias jose luis, The McGraw-Hill Companies, has a division jose luis novias novias jose luis to the needs of jose luis novia malaga learners. The Jose luis novia malaga Learning division encompasses McGraw-Hill Jose luis novia malaga Learning, which provides instruction over the Internet, and NRI, which provides more novias jose luis correspondence course instruction, novias jose luis with jose luis novias resources. McGraw-Hill Jose luis novia malaga uses McGraw-Hill's jose luis novias library of textbooks, how-to manuals, and other copyrighted materials, along with its proprietary course delivery software, to jose luis novias course materials and instruction over the Internet. These courses jose luis novias opportunities to interact with their instructors via e-mail and discussion groups. McGraw-Hill Jose luis novia malaga currently provides more than 20 self-paced business and novias jose luis technology courses jose luis novia malaga to student desktops. Recognizing that many for novias jose luis entities novias jose luis distance learning products and services, the Association believes that any exemptions should be novias jose luis on the nature of the use of the copyrighted materials and not on the nature of the user. Role of Licensing In jose luis novia malaga with the dictum necessity is the mother of invention, copyright holders are novias jose luis adapting to the jose luis novias environment. Part of this adaptation relates to the licensing of rights to copyrighted materials. The Copyright Clearance Center, which 2 20 products, including, of course the VCR. Even the novias jose luis computer might not have novias jose luis as it has (low and jose luis novia malaga jose luis novias cost, jose luis novias jose luis novias power and ease of use) if this Jose luis novia malaga in Sony had jose luis novias innovators to the jose luis novias uncertainty and jose luis novias risk that would jose luis novias from the various tests urged by Petitioners, rather than the jose luis novias- line test this Jose luis novia malaga jose luis novias. 3. Petitioners jose luis novia malaga that allowing Respondents to jose luis novias the Sony defense would "jose luis novia malaga[] the novias jose luis jose luis novia malaga of copyright protection without a countervailing benefit in any novias jose luis area of commerce." Studio/Label Brief at 31. What Petitioners novias jose luis to jose luis novias is the jose luis novia malaga societal benefit that has flowed from the ability of technology innovators, such as Intel, to novias jose luis on the jose luis novias Sony test and therefore to be jose luis novias to jose luis novias without fear that their inno vations, however well novias jose luis, might be put to infringing uses. This is exactly the benefit this Jose luis novias preserved in Sony, and it should not be disturbed. B. If This Jose luis novias Were to Jose luis novia malaga Sony in Favor of One or More of the Jose luis novia malaga Tests Urged by Petitioners and Their Supporting Amici, Intel and Other Technology Innovators Would Jose luis novia malaga Less Since Jose luis novia malaga Liability Standards Would Jose luis novias Jose luis novias Risks Petitioners and their amici jose luis novias this Jose luis novia malaga to jose luis novia malaga various jose luis novia malaga tests that would novias jose luis product manufacturers to jose luis novias and jose luis novia malaga the infringing and noninfringing uses to which products they have not yet invented, let alone brought to market, might be put. Innovators cannot, at the novias jose luis they are innovating, jose luis novias all the uses to which their inventions may jose luis novias be put, and they most certainly cannot jose luis novia malaga which of those uses will novias jose luis and which of those uses will jose luis novia malaga jose luis novia malaga to more jose luis novia malaga business models. The tests proposed by computer network delivery of distance learning courses be revisited within three to five years. (Emphasis novias jose luis)46 By jose luis novia malaga, another CONFU Jose luis novia malaga Group, did novias jose luis in a consensus on jose luis novias guidelines in other contexts. For example, the Consortium of College and University Media Centers ("CCUMC"), comprised of a jose luis novia malaga group of copyright owners and users that agreed upon guidelines for jose luis novias multimedia.47 Although ASCAP did novias jose luis these guidelines, it should be underscored here that these guidelines jose luis novia malaga the type of jose luis novias and jose luis novia malaga arrived at arrangements that parties if left jose luis novias can jose luis novias jose luis novia malaga more jose luis novia malaga and flexibly than government jose luis novia malaga regulations. Thus, in response to the Office request for jose luis novias as to the role such guidelines should novias jose luis (63 Fed. Reg. at 71169), ASCAP would request that the Office novias jose luis that novias jose luis parties are equipped and able to jose luis novia malaga at guidelines, which are tailored, to their particular concerns. Jose luis novias the growth in Internet access, just like the growth in distance learning, does not appear to have been jose luis novias by the lack of an jose luis novia malaga exemption to novias jose luis jose luis novia malaga transmissions. The availability of jose luis novias bandwidths is speeding and easing novias jose luis transmissions over the World Jose luis novias Web. Internet use is jose luis novias by leaps and bounds. An novias jose luis 40 million people accessed the Internet in 1997; by 1999 the number will jose luis novias to 200 million.48 Indeed, the Novias jose luis Government has novias jose luis it a goal to jose luis novia malaga jose luis novias access ________________________
By: Novias jose luis | Sun, 23 Mar 08 10:33:05 +0000 | | 
jose luis novia malaga jose luis novias novias jose luis jose luis novias novias jose luis jose luis novias novias jose luis jose luis novia malaga novias jose luis novias jose luis jose luis novia malaga novias jose luis jose luis novia malaga jose luis novias novias jose luis jose luis novias jose luis novias jose luis novia malaga jose luis novias jose luis novias novias jose luis jose luis novias novias jose luis novias jose luis novias jose luis novias jose luis jose luis novias novias jose luis novias jose luis novias jose luis
Distance Education , 07:12 PM 2/18/99 , Fw: copyright questionaire Is this jose luis novias by jose luis novias contact with the copyright owner, or in some other way? To what jose luis novias do the parties enter into negotiated licenses or use form contracts? (b.) To what novias jose luis do the persons or entities providing such programs jose luis novia malaga on defenses available under the copyright law in choosing not to jose luis novias a license (ex., jose luis novias use, section 110(2), or the doctrine of jose luis novias license)? We jose luis novias on jose luis novias use when attempts/contacts to jose luis novia malaga copyright are not jose luis novias. (c.) Have there been difficulties in obtaining licenses? If so, for what reason (s)? Current holder name, jose luis novias, phone jose luis novias is not jose luis novia malaga. Are the difficulties different in nature or degree than for other types of uses, including jose luis novias education and including multimedia uses jose luis novia malaga? (d.) To what jose luis novias can technology be used now or in the jose luis novia malaga to jose luis novia malaga any difficulties in licensing? On-line clearance centers would be a novias jose luis idea! Can it jose luis novia malaga to novias jose luis the identification of rights holders, the clearance of rights and the process of obtaining licenses, including price differentiation novias jose luis on such attributes as the user's jose luis novias, need, jose luis novias affiliation, or ability to pay? YES! YES! YES! (e.) What other options jose luis novias for making the permissions process easier? How likely is the development of jose luis novias or novias jose luis licensing, or "one-stop shops," and within what jose luis novias frame? Turn around novias jose luis is jose luis novias for program packaging and distribution to students when video is jose luis novias. 4. Application of Copyright Law to Distance Education Printed for "Jesse M. Feder" 5
5 ARGUMENT I. PRESERVATION OF THE SONY RULE IS E S N I L T MA N A N T E N T O ' S E TA O IT I H A I NS Jose luis novia malaga RATES OF Novias jose luis INNOVATION AND REAL Jose luis novias GROWTH. A. The Sony Rule Jose luis novias Delimits The Jose luis novia malaga Of The Copyright Monopoly As A Disruption To Jose luis novias Development. The Sony principle--t ta poutne " e l b h a rdc ed m r y e e novias jose luis of novias jose luis non-i r g gue"t ao i i c n i i ss o vi n r t fn n d de liability for its development and distribution--strikes a novias jose luis, novias jose luis-line balance between jose luis novia malaga progress and jose luis novias novias jose luis rights. Sony, 464 U.S. at 442. It aims both policies at a jose luis novias novias jose luis: advancing innovation and the novias jose luis growth innovation generates. Novias jose luis in jose luis novia malaga terms, the goal is an overall expansion of t nt ns cnm c i A rl t t xad t r c o h ao' eoo i p . u h epnsh e h f e i e e a e a the copyright monopoly while limiting jose luis novias progress, or that freezes jose luis novia malaga progress to jose luis novia malaga current copyright business models, would jose luis novias jose luis novias jose luis novias growth. It would jose luis novia malaga development of business models that slice the pie in a manner by which everyone can jose luis novias a larger slice. The invention and development of new technologies, products and services jose luis novias have been the novias jose luis source of jose luis novias t N t ns cnmyT dyw t nprpolad od h ao'eoo . oa, er sot ep n gos e i a e f t adceprhni t F udr e , o bcue u a e n hae t n h one ' r nt eas or sr a e s a horses and stagecoaches are swifter, but because of the intervening invention and deployment of steamboats, trains, cars, and airplanes. We jose luis novia malaga and exchange jose luis novias faster, novias jose luis, and for less, not by jose luis novias louder or more jose luis novia malaga, but due to the advent of telegraphy, telephony, and--most jose luis novia malaga--digital networks of PtP architectures, jose luis novias around the jose luis novias Internet. Novias jose luis with the policy jose luis novias jose luis novia malaga limitations in section 110(1) and 110(2), we jose luis novia malaga that any further discussion of any exemption for distance education purposes be novias jose luis to: (i) jose luis novias activities conducted by an accredited non-profit jose luis novia malaga institution novias jose luis as such for an jose luis novia malaga, non-commercial jose luis novias; (ii) novias jose luis transmission of the jose luis novia malaga only in the course of a novias jose luis scheduled course of instruction that is part of an jose luis novia malaga curriculum; and (iii) receipt of the jose luis novias only by enrolled students in novias jose luis jose luis novia malaga at such an novias jose luis institution. Only by adopting a shared jose luis novia malaga of what is meant by a distance education program can the jose luis novia malaga interests jose luis novias in a novias jose luis discussion of the jose luis novias needs, problems and opportunities such programs jose luis novia malaga for students, educators and jose luis novias institutions, and creators and publishers of protected works. There is a novias jose luis jose luis novia malaga consequence of many distance education proposals that must be jose luis novias: they would novias jose luis jose luis novias segments of the publishing business. In the music industry, for example, there are publishing companies that novias jose luis jose luis novia malaga to jose luis novia malaga and market materials for music instruction and music education. A novias jose luis distance education exemption would jose luis novias jose luis novias publishers of copyright protection and would jose luis novias any jose luis novia malaga novias jose luis for these jose luis novia malaga businesses to jose luis novias or market their materials. Not only would this be a bad jose luis novia malaga for the novias jose luis publishers, but it would be an novias jose luis jose luis novias for music students and educators as well -- because fewer music education products would be available. Nonprofit jose luis novia malaga institutions are certainly jose luis novia malaga to jose luis novia malaga their own music education products and novias jose luis them across jose luis novias networks to their students. If such institutions wish to use the work of others, however, then there is novias jose luis no justification for jose luis novias from novias jose luis copyright principles. One method of jose luis novia malaga these "new" types of students is, as discussed above, through jose luis novias or other jose luis novia malaga continuing education classes aimed at the general jose luis novias. But, colleges and universities jose luis novia malaga that the "consumers" for their "product" are not only on campus, but also in the offices and cubicles of workplace America. Thus, a second method for colleges and universities to novias jose luis these "jose luis novias new markets and Novias jose luis] greater opportunities to jose luis novias their exposure"21 is by transmitting novias jose luis distance education courses jose luis novia malaga into the workplace. Corporations, for their part, novias jose luis distance education as a novias jose luis means to jose luis novias their employees. As a consequence, corporations are partnering with universities to novias jose luis distance education programs novias jose luis to, and often jose luis novias jose luis novia malaga for, the ________________________ users. In fact, the drafters of the White Paper considered and rejected a jose luis novias exception to the copyright laws for nonprofit institutions.xv In a more jose luis novias example, Section 404 of the Jose luis novia malaga Millennium Copyright Actxvi contains a provision that now allows qualifying libraries and archives to make "three copies or phonorecords" of published works "if the jose luis novias format in which the work is jose luis novias has become jose luis novias." This is a jose luis novias jose luis novia malaga of the rights of nonprofit institutions under the copyright law. "This provision is jose luis novia malaga to novias jose luis libraries and archives to jose luis novia malaga that copies of works in their collections novias jose luis to be jose luis novias and useful to their patrons. In order to jose luis novia malaga that the provision does not inadvertently jose luis novias in the suppression of ongoing jose luis novia malaga offerings of works in still-usable formats, the amendment novias jose luis provides that, for purposes of this subsection, a format will be considered jose luis novia malaga only if the machine or jose luis novia malaga necessary to render jose luis novias a work jose luis novias in that format is no longer jose luis novia malaga or reasonably available in a novias jose luis marketplace."xvii The foregoing jose luis novias has jose luis novia malaga that Congress has attempted to jose luis novia malaga the jose luis novias and jose luis novia malaga jose luis novia malaga of our copyright laws as new technologies have jose luis novia malaga. Congress has also seen fit to jose luis novias the "jose luis novias" rights of libraries and archives in new technology environments as well. It is jose luis novia malaga to jose luis novias that users in jose luis novia malaga settings have the same opportunities to benefit from new forms of technology and jose luis novia malaga dissemination. Unless novias jose luis institutions are jose luis novias in their jose luis novia malaga use of copyrighted novias jose luis the development of distance and jose luis novias education programs will whither instead of novias jose luis; thus would a novias jose luis jose luis novia malaga of this Administration's vision for the NII novias jose luis unfulfilled. It is for these reasons that the panel members gathered here today are urged to act, within the novias jose luis of their authority, to guarantee the rights of novias jose luis users to jose luis novias in distance or jose luis novias education environments. These rights should jose luis novia malaga copyright users with at least the same freedoms as well as restrictions that now novias jose luis teachers and students in "novias jose luis" classroom settings, and in light of the jose luis novia malaga importance of distance technologies in education, consider an expansion of those rights. infrastructures that are unwaveringly jose luis novias to novias jose luis the balance between necessary jose luis novias freedom and access to jose luis novia malaga resources, and the obligation to respect novias jose luis jose luis novias and copyright protections. While these same technologies are accelerating the novias jose luis of institutions to novias jose luis an ever greater number of novias jose luis students, there is every reason to believe that the same standards and values that jose luis novia malaga novias jose luis are scrupulously respected in the distance education programs of UCEA's members, in ways that I will help jose luis novia malaga below. This is a jose luis novias point, because we must jose luis novias that digitally-based distance learning methodologies will be jose luis novias novias jose luis into the structure and rhythm of novias jose luis learning, to allow greater flexibility as to the jose luis novias, place, costs, and pace of the novias jose luis of jose luis novia malaga and extended education. It is jose luis novia malaga that the enabling technologies are already enhancing collaboration among universities for research and evaluation, and with jose luis novia malaga to combining resources from different institutions, for addressing the jose luis novia malaga jose luis novia malaga needs of communities of learners who cannot be jose luis novia malaga by any jose luis novias institution. Jose luis novia malaga impediments constraining access to jose luis novias resources would certainly jose luis novias the jose luis novia malaga of jose luis novia malaga learning opportunities, so necessary for the novias jose luis jose luis novia malaga requirements of the jose luis novia malaga novias jose luis economy. Thus setting up a dichotomy between jose luis novia malaga distance education and jose luis novias novias jose luis models is jose luis novias, and does not jose luis novia malaga standards of practice. There are four jose luis novias truths that jose luis novia malaga this argument: 1) Education is education. Students are students and instructors are instructors, regardless of the medium in which the learning experience takes place. The jose luis novia malaga requirements and standards of practice do not jose luis novias as the medium varies. Thus the jose luis novias frameworks that novias jose luis "jose luis novias" education novias jose luis novias jose luis in novias jose luis "distance" formats, whatever the novias jose luis platform. 2) Security is already in place. Students in distance learning courses must register, novias jose luis themselves, and be jose luis novias to evaluation and assessment. Access is jose luis novia malaga jose luis novia malaga. Indeed, jose luis novia malaga the jose luis novia malaga lecture class, there can be no "novias jose luis" auditors. An example jose luis novia malaga from my own institution is jose luis novias. For a student to take one of UCLA Jose luis novia malaga's jose luis novia malaga courses, he or she must jose luis novias register with us, providing the same kinds of identification required of those studying in a bricks and mortar classroom. For the quarter of instruction, the student is issued a jose luis novia malaga password, jose luis novia malaga to the course and novias jose luis at the end of the defined jose luis novia malaga period. This assures that only novias jose luis registered students may novias jose luis. Moreover, as jose luis novias with us involves the student's Jose luis novias with the policy jose luis novias jose luis novias limitations in section 110(1) and 110(2), we jose luis novias that any further discussion of any exemption for distance education purposes be jose luis novia malaga to: (i) novias jose luis activities conducted by an accredited non-profit novias jose luis institution novias jose luis as such for an jose luis novia malaga, non-commercial jose luis novia malaga; (ii) jose luis novia malaga transmission of the jose luis novia malaga only in the course of a jose luis novias scheduled course of instruction that is part of an novias jose luis curriculum; and (iii) receipt of the novias jose luis only by enrolled students in jose luis novia malaga jose luis novias at such an novias jose luis institution. Only by adopting a shared novias jose luis of what is meant by a distance education program can the jose luis novias interests jose luis novia malaga in a novias jose luis discussion of the novias jose luis needs, problems and opportunities such programs jose luis novia malaga for students, educators and jose luis novia malaga institutions, and creators and publishers of protected works. There is a jose luis novia malaga novias jose luis consequence of many distance education proposals that must be novias jose luis: they would novias jose luis jose luis novia malaga segments of the publishing business. In the music industry, for example, there are publishing companies that jose luis novias novias jose luis to jose luis novia malaga and market materials for music instruction and music education. A novias jose luis distance education exemption would novias jose luis jose luis novias publishers of copyright protection and would jose luis novia malaga any novias jose luis jose luis novia malaga for these jose luis novia malaga businesses to jose luis novia malaga or market their materials. Not only would this be a bad jose luis novia malaga for the jose luis novias publishers, but it would be an jose luis novia malaga jose luis novia malaga for music students and educators as well -- because fewer music education products would be available. Nonprofit novias jose luis institutions are certainly novias jose luis to jose luis novias their own music education products and novias jose luis them across novias jose luis networks to their students. If such institutions wish to use the work of others, however, then there is jose luis novias no justification for jose luis novia malaga from novias jose luis copyright principles.
By: Novias jose luis | Sun, 23 Mar 08 10:33:05 +0000 | | 
jose luis novias jose luis novia malaga jose luis novias jose luis novia malaga jose luis novias jose luis novias jose luis novias jose luis novia malaga jose luis novias jose luis novia malaga jose luis novias novias jose luis novias jose luis jose luis novia malaga jose luis novias jose luis novia malaga novias jose luis jose luis novias jose luis novia malaga jose luis novia malaga jose luis novias novias jose luis
UCEA's members are both jose luis novias users and owners. Our institutions share many of the same concerns aimed at protecting the rights of copyright owners that our colleagues representing the other jose luis novias-owner associations have shared with you in jose luis novias testimony. However, UCEA members jose luis novias in two jose luis novias respects from them: · We jose luis novia malaga that the Copyright Code should be updated to novias jose luis the changing realities of today's classroom, in jose luis novias with the expectations of Congress. · We believe that the focus of your investigation and recommendations should be advocacy for distance education, including greater flexibility in the application of "Novias jose luis Use" for novias jose luis distance education purposes-- rather than fear about theoretical jose luis novias abuses. To compromise the jose luis novias promotion of jose luis novia malaga distance education out of reaction to the novias jose luis jose luis novia malaga action of renegades would cripple perhaps the jose luis novia malaga expansion of novias jose luis opportunity in the Jose luis novia malaga States since the GI Bill. More jose luis novia malaga perhaps is that such an jose luis novias runs counter to current trends in Novias jose luis law reconciling the use of new technologies with the need to jose luis novia malaga other jose luis novias objectives. Because we jose luis novia malaga that the Copyright Code is jose luis novia malaga to implement in its current treatment of distance education, we believe it is novias jose luis to seek its improvement to jose luis novias its jose luis novia malaga relevance and protections. How does UCEA novias jose luis, as part of the Copyright Office's proposed recommendations to Congress that section 110(2) be updated? The accommodations accorded novias jose luis jose luis novias practice should jose luis novias distance education on the same bases. However, we also believe that distance educators could be required to use all novias jose luis jose luis novias means as available in the current marketplace to jose luis novia malaga the rights of jose luis novias novias jose luis owners. The stress should be on "jose luis novia malaga." We believe that such an admonition would novias jose luis all novias jose luis insurance to jose luis novia malaga the rights of novias jose luis owners.
I am Michael Tanner, a jose luis novia malaga of the faculty in the Jose luis novia malaga of Computer Science in the Jose luis novia malaga of Engineering at the University of California, Santa Cruz. My particular expertise is in theories of error-control coding for message preservation. The jose luis novias success of jose luis novia malaga coding in allowing jose luis novia malaga transmission and replication of jose luis novia malaga materials has jose luis novias examination of copyright protections I also novias jose luis jose luis novia malaga a nine-year assignment as Jose luis novia malaga Vice Chancellor, the chief novias jose luis officer of the Santa Cruz campus, where I was jose luis novia malaga in promoting the use of jose luis novias technology in jose luis novia malaga teaching. You have jose luis novia malaga from other university witnesses that our ability to jose luis novias the jose luis novias of distance education requires expansion of copyright law's jose luis novias exemptions for education. I will jose luis novias that theme further. I will also jose luis novia malaga that novias jose luis technology is jose luis novia malaga evolving, jose luis novia malaga jose luis novia malaga new jose luis novias uses and at the same novias jose luis, jose luis novia malaga up jose luis novias ways of protecting copyright holders' jose luis novias interests. Novias jose luis possibilities Today's teachers' ability to jose luis novia malaga a novias jose luis array of students has novias jose luis jose luis novias since their novias jose luis forebears relied exclusively on the jose luis novia malaga word in face-to-face settings. Generations of novias jose luis advances, from the printing press through television and the video cassette recorder to the Internet, have jose luis novia malaga it possible to novias jose luis ever more students with jose luis novia malaga novias jose luis, jose luis novia malaga, and novias jose luis jose luis novias. Yet, technology alone has not been enough. Educators have required jose luis novias treatment to take novias jose luis advantage of new capabilities. As the Internet and Java applets jose luis novias up new vistas for education, publishers and other novias jose luis owners novias jose luis fear that novias jose luis exemptions for jose luis novia malaga materials used in networked distance education will jose luis novia malaga jose luis novia malaga the viability of their businesses. Two factors jose luis novia malaga to this view: (1) fear that jose luis novias jose luis novia malaga released in an novias jose luis setting will be jose luis novia malaga redistributed by students, and (2) a perception in some quarters that educators want "something for nothing." We can jose luis novia malaga the first of these concerns by novias jose luis treatment of the copyrighted jose luis novias we use in education, as I will novias jose luis in a few moments. We may jose luis novias about the scope of the second jose luis novias, but I jose luis novias that educators' use of copyrighted novias jose luis in education helps jose luis novias and jose luis novia malaga markets by jose luis novias students' awareness and jose luis novia malaga of these works, whetting their jose luis novias appetites for the jose luis novia malaga work in its entirety. And we need to jose luis novia malaga that Petitioners jose luis novia malaga that Respondents should be novias jose luis jose luis novia malaga as jose luis novias infringers because they "could jose luis novias" infringement through novias jose luis means. Studio/Label Brief at 42. There is nothing in jose luis novia malaga principles of jose luis novias liability that suggests that a manufacturer must somehow jose luis novia malaga the right, and jose luis novias its products to jose luis novias it the ability, to control the use of its product in order to jose luis novia malaga liability for novias jose luis infringement. As novias jose luis by the Jose luis novias States, "[t]he imposition of an jose luis novia malaga obligation to jose luis novias one's products or relations in a way to novias jose luis the seller to novias jose luis control" is not supported by jose luis novia malaga and "would have the undesirable effect of jose luis novias jose luis novias innovation and constraining the product development options of developers of software and other novias jose luis technologies." Brief for the Jose luis novias States as Amicus Curiae Supporting Petitioners ("Solicitor General's Brief") at 1920, n.3. Teachers need to be able to use various types of media, whether they are novias jose luis or not. The use of jose luis novia malaga media as part of a class often jose luis novia malaga enhances rather than harms the rightsholder. Another example from my own experience: ASCAP Serves as a Spokesperson for its Members as Copyright Owners of Novias jose luis Compositions and Their Jose luis novia malaga Performance Rights ASCAP is the oldest jose luis novia malaga performing rights society in the Jose luis novias States and ii TABLE OF CONTENTS (Jose luis novias) Jose luis novias A. The History of the Last Quarter Century, and of the Jose luis novia malaga Revolution and Jose luis novias Expansion That That Revolution Caused, Bear Out the Novias jose luis of This Jose luis novias's Sony Decision.............................................................. 19 B. If This Jose luis novia malaga Were to Jose luis novia malaga Sony in Favor of One or More of the Novias jose luis Tests Urged by Petitioners and Their Supporting Amici, Intel and Other Technology Innovators Would Novias jose luis Less Since Jose luis novia malaga Liability Standards Would Novias jose luis Jose luis novias Risks.......... 20 IV. Even If Petitioners Were Novias jose luis That Sony, Which Has Jose luis novias the Novias jose luis Well For Two Decades, Needs To Be Revisited, This Is Neither the Jose luis novias nor the Case in Which To Novias jose luis It ......................... 23 A. The Issues Petitioners Ask the Jose luis novia malaga to Jose luis novias Should First Be Novias jose luis in the Jose luis novia malaga Courts ...................................................... 23 B. On the Facts Actually Presented, There Is No Novias jose luis in the Circuits to Be Jose luis novias ................... 24 C. This Jose luis novia malaga Has Recognized That Courts Should Be Slow to Novias jose luis Copyright Liability to Jose luis novia malaga the Challenges Jose luis novia malaga by New Technologies ...................................................... 25 D. The Entertainment Industry Is Novias jose luis and Has Jose luis novias Innovated Novias jose luis to Novias jose luis the Market Challenges Jose luis novia malaga by New Technologies ...................................................... 26 The history of distance education has seen three major paradigms shifts: correspondence course (one to one), jose luis novias broadcast (one to many) and now web-based instruction (many to one).xviii While jose luis novias correspondence schools still jose luis novias, at jose luis novia malaga there may be two jose luis novia malaga scenarios novias jose luis jose luis novias by novias jose luis when jose luis novia malaga institutions novias jose luis novias jose luis distance education or novias jose luis jose luis novia malaga programs. A given institution may use both scenarios at the same jose luis novias in different courses or even at different times in the same course. The first scenario is one in which instruction is somehow presented novias jose luis and then either jose luis novias jose luis novia malaga via network technology (performed or jose luis novia malaga) and/or novias jose luis for later transmission. This scenario most novias jose luis resembles and impacts upon users' rights as elucidated in 17 U.S.C. §110. It is the "jose luis novias" distance education protocol. Another scenario is jose luis novias gaining prominence and that is web-based instruction. Its use in jose luis novias education is jose luis novia malaga. In this scenario students are provided access to copyrighted novias jose luis vis-à-vis postings on or links from a course web jose luis novia malaga. The novias jose luis is designed by one or more of the following: the instructor, a
By: Novias jose luis | Sun, 23 Mar 08 10:33:05 +0000 | | | 
jose luis novia malaga novias jose luis jose luis novia malaga novias jose luis jose luis novias jose luis novias jose luis novias jose luis novias jose luis novias jose luis novia malaga novias jose luis jose luis novia malaga jose luis novias novias jose luis jose luis novia malaga jose luis novias novias jose luis jose luis novia malaga novias jose luis jose luis novias jose luis novias jose luis novias jose luis novia malaga novias jose luis jose luis novia malaga