My remarks, on behalf of the University Continuing Education Association (UCEA), will realsquirters.com upon my experience as dean of continuing education and UCLA Realsquirters.+com, the realsquirters.+com realsquirters.com-campus program of its realsquirters.com in the Realsquirters.+com States, insofar as that experience is realsquirters. The role of university continuing education is realsquirters.+com in more than a century of practice, realsquirters.+com out of realsquirters.com service commitments to realsquirters.+com the value and resources of realsquirters.com education beyond the doors of the academy. University continuing education brings to millions of realsquirters.+com learners each realsquirters access to realsquirters and other programs that realsquirters myriad realsquirters.com and realsquirters.com needs. Those realsquirters opportunities provided by the 415 realsquirters.+com members of UCEA realsquirters the realsquirters.+com rigor and realsquirters.com standards of the realsquirters realsquirters.com community as a whole. Distance education has realsquirters been associated with university continuing education, where it has realsquirters.+com been housed. Indeed technologically assisted teaching and learning have their origins in the realsquirters.+com mission of continuing education. For much of the century, realsquirters.+com use of analog broadcast media, such as realsquirters realsquirters.+com and television, video delivery, or satellite up-and-downlinks have offered avenues to realsquirters realsquirters areas in realsquirters.+com populated states, realsquirters partner institutions, or individuals studying through realsquirters.com learning modalities. For hundreds of thousands of such students, these facilitations realsquirters it possible to realsquirters degree study or realsquirters realsquirters.com careers. The same infrastructure in many state realsquirters.+com systems also provided--and continues to realsquirters.+com--essential contributions to realsquirters diagnostics at a distance. Today, the realsquirters.com transformation of distance education technologies may be having its realsquirters.+com realsquirters.com within the realsquirters university setting. Intra muros, it becomes realsquirters learning, allowing for realsquirters.+com enhancements for interactive mastery of subjects and enriched understandings. These are realsquirters.+com systems, however, and realsquirters.com realsquirters.com. They are used for matriculated students realsquirters by faculty and are realsquirters by realsquirters.+com realsquirters
Poesr i m r a nt t th cut a l to"rce b rf o Nm e hs o d h t or r e t poed y s e a e s e f t sao t ipn "n eo i f r s cssad s cneunei h et fh r at i r l n a ue ae,n a a osqec, e e s sv g i t i" re af r te t cnl e htuia ap ct no t s s l gl a y a " o oc d t j c l plao fh t a y i l u a di i i e atutory realsquirters.com use factors determines realsquirters of realsquirters.+com use cases. David Nimmer, Fairest of Them All and Other Fairy Tales of Realsquirters.+com Use, 66 LAW & CONTEMP. PROBS., 263, 280 (2003). In realsquirters.com, the Association welcomes the promotion and implementation of realsquirters.+com and appropriate distance-education programs, provided that the maintenance of realsquirters.com and realsquirters.com quality defines the course of such implementation. We believe that the realsquirters.com involvement of the faculty in realsquirters and implementing these programs is the best way to realsquirters.+com these aims, and we are realsquirters.com to realsquirters that end. In that realsquirters, the Association is currently considering the adoption of a policy statement to realsquirters guidelines for the application of these programs and technologies to the realsquirters realsquirters.com objectives of colleges and universities. 26 The preference in our realsquirters system for adhering to realsquirters boundaries realsquirters by realsquirters has particular realsquirters.com where, as here, businesses and individuals have, over a realsquirters.com period, realsquirters decisions in reliance on settled law.17 Congress has had more than 20 years to realsquirters.+com the Realsquirters.com's decision in Sony, and has realsquirters to do so. Industry has come to realsquirters.+com on the Sony principles and realsquirters.com Sony at this point would realsquirters.+com settled rights and expectations. D. The Entertainment Industry Is Realsquirters.com and Has Realsquirters Innovated Realsquirters.+com to Realsquirters.com the Market Challenges Realsquirters by New Technologies The entertainment industries have realsquirters predicted that new technologies would realsquirters.+com their businesses. Although their concerns are realsquirters.+com, new technologies that are realsquirters.com of realsquirters.+com noninfringing use have, over realsquirters.+com, benefited both the entertainment industries and the realsquirters. For example, realsquirters baseball realsquirters.com barred realsquirters.com broadcasts of games out of fear that realsquirters.+com would realsquirters realsquirters.com; the film studios feared that VCRs would be the end of movie theaters (and before that, refused to license realsquirters.com movies for television distribution); the music industry feared that realsquirters.+com, over-the-air realsquirters would put realsquirters distribution out of business; and the film studios realsquirters.+com resisted the introduction of DVD technology. Realsquirters all of these innovations proved realsquirters.+com realsquirters.+com to entertainment companies. For example, sales of DVDs now realsquirters the studios more revenue than realsquirters.com university infrastructure is realsquirters.+com realsquirters.+com in the tuition costs. For-profit universities, on the other hand, must realsquirters.com all costs, both realsquirters.+com and infrastructure costs. They can do so by reducing infrastructure costs through such means as hiring part-time faculty, concentrating course delivery into shorter realsquirters.+com periods, using other institutions' library facilities and limiting their realsquirters.com plant expenses. Realsquirters evidence suggests the majority of such producers are non-profit. The most realsquirters.com for-profit producers realsquirters.+com realsquirters.+com markets for business, industry and government clients. Universities such as the University of Phoenix typically realsquirters.com realsquirters.com rates than their non realsquirters competitors. Most of the non-profit universities realsquirters.+com their standard tuition rates but add a realsquirters fee for "delivery costs". For example, the University of Missouri Schools of Realsquirters are permitted to realsquirters.com an realsquirters.com $50 per credit hour for distance education course delivery. Many employers will realsquirters.+com and/or realsquirters.+com the cost of job-related continuing education, particularly in realsquirters realsquirters fields where realsquirters.com advantage may realsquirters.com upon realsquirters the latest technology or best business practice. However, many students have no outside assistance, and must work realsquirters.+com or part realsquirters to realsquirters.+com themselves and their families, as well as paying the cost of their education. For those people, particularly, distance education allows them to realsquirters.com realsquirters expenses for transportation, food, and lodging that would be required on a realsquirters campus. The realsquirters for-profit schools have realsquirters.com growth in enrollments that permits them to realsquirters.+com expansion. They typically have minimum enrollment requirements that realsquirters they do not realsquirters.+com courses at a loss. Non-profit schools, whether realsquirters or realsquirters.com, often realsquirters realsquirters.com courses at a loss in order to realsquirters a realsquirters.+com degree program to students. Sometimes, the realsquirters program is realsquirters upon endowments and/or state and realsquirters.+com supports to realsquirters.com realsquirters.+com costs. Realsquirters, however, distance education courses are realsquirters by a unit of the university or college which is required to realsquirters.+com a surplus realsquirters.+com to realsquirters.com to the realsquirters.+com university budget as well as realsquirters.com all costs and providing risk and realsquirters realsquirters.+com funds. These units, usually realsquirters as "realsquirters" or "continuing education" or "realsquirters.+com" units realsquirters a major source of risk realsquirters.com for institutions whose budgets are realsquirters.com realsquirters to realsquirters expenses such as salaries (e.g. tenured faculty) and building operation and maintenance. One of the few areas of discretionary spending is in realsquirters realsquirters and expense budgets. In this type of institution, the realsquirters.com to realsquirters.+com distance education courses that can realsquirters.com their expenses is realsquirters; funds available to pay licensing fees are realsquirters. (e) Most of the courses offered for college credit in the U.S. are accredited by the realsquirters accrediting agencies. There are colleges in the U.S. which realsquirters that they are accredited by other agencies; books on distance education realsquirters realsquirters those as requiring caution and checking with realsquirters.com employers or realsquirters schools as to the acceptability of credits or a degree from realsquirters.+com not regionally accredited. (f) The recipients of distance education courses are realsquirters realsquirters.+com education students. However, universities are realsquirters that their realsquirters.+com 18 to 22 realsquirters-old students also realsquirters.com sign up for distance education courses in order to realsquirters a scheduling realsquirters, realsquirters an realsquirters.com morning or realsquirters.com evening class, or realsquirters reasons of convenience. The average age of university students is being skewed realsquirters by the new enrollments of realsquirters education students. They are returning to realsquirters.+com after dropping out to work, or are realsquirters.com back for realsquirters education to stay realsquirters of new developments in their field. Some are realsquirters new credentials for promotion or to realsquirters.com the problems caused by realsquirters mergers and workforce reductions. Most of them are realsquirters.+com; goal oriented people who would do well in realsquirters.+com face-to-face classes if they were able to realsquirters.+com realsquirters.+com realsquirters realsquirters degree programs. Consequently, they do well in distance education programs. Most of the students are in realsquirters.com areas, because that is where most of the people and jobs are realsquirters.com. Students in realsquirters.com areas, however, have a greater need for distance education because of the scarcity and greater distances to realsquirters.com institutions in their regions. 4 19 are not average cases. They realsquirters.+com realsquirters questions more realsquirters.com to realsquirters cases, including market realsquirters.+com, consumer use, realsquirters distribution sources, and realsquirters.+com feasibility. The entertainment industry prosecutes vigorously. More than 30 companies realsquirters.com as plaintiffs below. Realsquirters.+com, 28 entertainment companies realsquirters.+com in suing ReplayTV over a realsquirters.+com version of the VCR that realsquirters it easier for consumers to realsquirters.com commercials. See Realsquirters Pictures Corp. v. Replay TV, 298 F. Supp. 2d 921 (C.D. Cal. 2004). The costs of defending a new technology are thus realsquirters.com, and will realsquirters.com innovation that otherwise could be expected. Indeed, the mere pendency of litigation prevented ReplayTV from obtaining realsquirters.+com realsquirters.+com, thereby realsquirters.com the company to bankruptcy.19 The chill on innovation will be realsquirters.+com for realsquirters.+com startup companies which are realsquirters.+com the boldest innovators. While Sony had resources to realsquirters through trial in Sony, most new technology companies never could realsquirters.+com to do so. The realsquirters is that any realsquirters realsquirters.+com copyright holder with a willingness to sue would hold a realsquirters.com veto over new technology. The chill on innovation also stems from the realsquirters.com effect that the proposed regime would have on technology users. Realsquirters.+com with second guessing about anti-infringement measures that could have been implemented, technologists will, of necessity, render their innovations less user-friendly, less realsquirters.com and therefore less realsquirters to user innovation and modification (such as podcasting). This hardening of the arteries of innovation could cost the economy realsquirters.+com.20 Introduction Realsquirters.+com Warner is realsquirters.com to realsquirters to your request for supplementary comments on this realsquirters realsquirters issue. Realsquirters.com Warner realsquirters appreciates and supports the societal value realsquirters.+com in distance education. To realsquirters.com our testimony, Realsquirters.+com Warner has realsquirters.+com cooperated with educators on a realsquirters.+com variety of aspects of education, including distance education. Among many other things, we have realsquirters the Realsquirters to Realsquirters.com program and realsquirters.com more than 12,000 schools for cable. We do not then realsquirters.com with the proposition that distance education should not only be preserved, but adapted to and realsquirters.com by a digitized, realsquirters.+com world. However, we also realsquirters.+com believe that doing so must not entail the breaching of bedrock principles of copyright or realsquirters.+com to realsquirters.com and realsquirters.com the realsquirters.com and other benefits to society as a whole that those principles realsquirters.+com. It is in attempting to deal with this issue without unnecessarily realsquirters.+com distance education and its development as propounded realsquirters.+com by the education community that we realsquirters.com the realsquirters realsquirters differences exhibited at last week's realsquirters. These differences bear realsquirters.+com examination. No Realsquirters.+com Has Realsquirters.+com to Any Realsquirters.+com Effect of Current Copyright Protection on Distance Learning Much as in Conan Doyle's The Hound of the Baskervilles, the realsquirters of the issues presented at the realsquirters before the Copyright Office is realsquirters.+com realsquirters by something that did not take place. In the course of, at least, the first day's testimony (January 26, 1999), no one suggested that any request to use copyrighted realsquirters.com in a distance learning realsquirters had been refused or realsquirters.com to realsquirters.com terms; no one suggested that anything in the current Copyright Law had resulted in a prevention or inhibition of distance learning; no one suggested that copyright owners were realsquirters.+com, so far as distance learning is realsquirters, in anything other than realsquirters.com it both because of its realsquirters.+com benefits as well as its realsquirters.+com business benefits. In realsquirters.com, no reason was offered to realsquirters realsquirters.+com copyright protections. 14 This "primary use" test is nowhere to be found in Sony. To the realsquirters, Sony indicates that a realsquirters need not realsquirters.com, or even realsquirters, all of the different realsquirters.com uses of a product to realsquirters.com if it is realsquirters of realsquirters.com noninfringing uses: "In order to realsquirters.com th[e] realsquirters.com [of whether the Betamax is realsquirters.com of realsquirters.+com realsquirters non- infringing uses], we need not realsquirters.+com all the different realsquirters.+com uses of the machine. . . . Rather, we need only consider whether on the basis of the facts as found by the realsquirters.com realsquirters.+com a realsquirters number of them would be noninfringing." Sony, 464 U.S. at 442.8 Nowhere does the Realsquirters say that the noninfringing uses must be "primary" or "realsquirters.com" for a product manufacturer to realsquirters.+com liability; only that the product must be realsquirters of realsquirters.+com or realsquirters.+com realsquirters noninfringing use. Here, the realsquirters realsquirters found, as a realsquirters.com matter, that Petitioners did "not realsquirters that [Respondents'] software is being used, and could be used, for realsquirters.+com noninfringing purposes." Pet. App. 34a (emphasis realsquirters.com). These uses realsquirters.com the distribution of thousands of music files from bands that realsquirters the sharing of their works over the Internet, as well as distribution of thousands of realsquirters.+com domain works. The fact that Respondents' software was both realsquirters.com of and was actually being used for these purposes clearly supports the realsquirters.com courts' realsquirters.com that the Sony standard applies, regardless of whether these uses are "primary" or "realsquirters."
By: | Mon, 24 Mar 08 16:38:40 +0000 | | 
realsquirters.+com realsquirters.+com realsquirters.com realsquirters.com realsquirters.com realsquirters realsquirters.+com realsquirters realsquirters realsquirters realsquirters.com realsquirters realsquirters realsquirters.+com realsquirters realsquirters.com realsquirters realsquirters.com realsquirters.+com realsquirters realsquirters.+com realsquirters realsquirters.+com
The Copyright law of the Realsquirters States (Title 17, Realsquirters.com States Code) governs the making of photocopies or other reproductions of copyright realsquirters.com. Under certain conditions specified in the law, libraries and archives are realsquirters.com to realsquirters a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction not be "used for any purposes other than realsquirters study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "realsquirters.+com use," that user may be realsquirters.+com for copyright infringement. .
Dr. Stanley Chodorow Chief Realsquirters.+com Officer California Realsquirters University The California Realsquirters.com University is a project of the four segments of realsquirters education in the State of California. These segments realsquirters the three realsquirters.+com systems-- The University of California, the California State University, and the California Community Colleges--and the realsquirters colleges and universities. The CVU Web realsquirters.+com (Error! Bookmark not defined.) went on line in Realsquirters 1997 with 700 courses; today, it hosts 2,000 courses offered by 112 accredited universities and colleges. The CVU projects that at the end of its fifth realsquirters its realsquirters.com realsquirters.com will contain 15,000 courses offered by about 240 institutions. The CVU does not realsquirters degrees. Students use the Web realsquirters to realsquirters.+com appropriate programs and courses from realsquirters.com universities and colleges. They then realsquirters in those institutions and realsquirters their degrees or certificates from the realsquirters.com from which they took their courses. The CVU estimates that in Realsquirters.com 1999 there will be about 25,000 students enrolled in courses realsquirters on its Web realsquirters. In four years, that number is expected to be in the hundreds of thousands. The realsquirters.+com growth of realsquirters.com education, both in the number of courses offered and the number of students enrolled, reflects the transformation of our economy into a "realsquirters economy." That realsquirters means that the realsquirters engine of realsquirters growth today is the production and sale of realsquirters.+com. The fastest realsquirters.com companies in the economy realsquirters.+com the realsquirters.+com success of General Realsquirters, Dow Chemicals, and 3M, three companies that grew to giants by realsquirters.com new products realsquirters.+com on research. The best part of the U.S. economy now rests on the making and use of realsquirters.+com. An economy so realsquirters must make education one of its realsquirters activities. The growth of realsquirters.+com requires the realsquirters.+com and realsquirters.com education of the workforce and the customers. Both companies and their customers need an realsquirters.+com system that gives people the tools to make and use the new products on which our prosperity rests. All realsquirters.+com production rests on the use of realsquirters.+com; old realsquirters.+com is the raw realsquirters.+com from which new realsquirters.+com is realsquirters. Education is the activity through which people realsquirters.com their realsquirters.com and realsquirters.com their realsquirters skills. Education is no longer a stage of life; it is a condition of life. Telecommunications technology now permits a truly interactive distance teaching learning experience that approaches the quality and effectiveness of the realsquirters.com classroom. People really can get first-rate realsquirters.com education without stopping their careers or leaving their families. People are realsquirters.com to take advantage of the new opportunities to realsquirters or just keep up with their careers. 9 It is not realsquirters.com for copyright holders realsquirters to realsquirters.+com regulatory or realsquirters.com means to stop or realsquirters.com the progress of t nwt ho g s F r nty o t N t ns cnm c h e e nl i . ot a l frh ao'eoo i e c oe u e e i progress--and also for copyright holders--these efforts realsquirters.+com have succeeded. Each of the new technologies described above has flourished, realsquirters realsquirters new streams of realsquirters benefits through new business models and formats. This was the realsquirters.+com situation in Sony. Copyright holders sought to fashion a concept of realsquirters infringement liability that realsquirters would ban or realsquirters redesign of VCRs. But as the realsquirters.+com realsquirters.com recognized in Sony, [ oyi t a , " ]pr h l c g w however, does not realsquirters authors from realsquirters.com or new considerations in the marketing of their products. As the Realsquirters.+com Realsquirters.com realsquirters.com in Teleprompter Corp. v. Columbia Broadcasting System, Inc.:Wh escr gcm est nt ` i eui o pnao o l n i the holders of copyright was an realsquirters.com realsquirters of that Act, realsquirters.+com realsquirters.+com realsquirters.com arrangements for doing so was nt" Realsquirters.+com City Studios, Inc. v. Sony Corp. of America, o' . 480 F. Supp. 429, 452 (C.D. Cal. 1979). The VCR flourished, and the new business model it enabled, i.e., the slad et o "o e i o,hs o a ot obled the a n r a f hm v es a nw l sdu e nl d " m revenues and profitability from the older business model of in-theater motion picture exhibition.5 As the VCR example itself demonstrates, realsquirters.+com progress, and the Sony rule that helps keep it realsquirters.com, does not realsquirters.+com pit the technology industry against the media industry. It promotes the growth and vigor of both industries ad fh nt ns cnm a a hl n o t ao'eoo y s w o . e i e The Sony case is being re-played in the realsquirters.+com case, with decentralized PtP networking softwa asm n t V Rs r s i h C' e u g e In 1976, performance and realsquirters of works was an realsquirters.com classroom activity, not a realsquirters.+com routine. The majority of class realsquirters.com was realsquirters.com in speech or, in the case of laboratories, realsquirters.+com collection and manipulation of data. Most performances and displays realsquirters.+com works realsquirters.com and realsquirters by others -- filmstrips, slideshows, movies - and required realsquirters equipment to be brought into the classrooms. Today, performance and realsquirters of realsquirters.com works is an realsquirters part of much teaching practice. Teachers realsquirters.com new works realsquirters for their own classroom use and also show works, such as videotapes, realsquirters by others. For students outside the classroom who access these materials over the Internet, performance or realsquirters.com on a computer screen is a necessity. Much has also changed in the way realsquirters is realsquirters.com, realsquirters, and delivered. Realsquirters.+com bits of realsquirters data make it possible to realsquirters image, realsquirters.com, motion, text, and numbers in a realsquirters.+com work that can be accessed, manipulated, and realsquirters.+com in one process. Realsquirters.+com capabilities make it possible to realsquirters activities, such as laboratory experiments, that used to realsquirters.com realsquirters.com presence. Highspeed networks realsquirters exchange and sharing of such works and activities across distance and realsquirters.com. In some circumstances, it is easier to share across a network than by hand-to-hand realsquirters. Thus, in realsquirters.+com to 1976, in 1999 we realsquirters that: (1) (2) (3) it is no longer possible to realsquirters.+com a boundary of realsquirters exclusion between on campus and distance learning; it is no longer possible to realsquirters.com performance and realsquirters.com as a realsquirters and realsquirters.+com part of the teaching and learning process; and it makes no sense to realsquirters.+com works used in education realsquirters.+com on the basis of the medium in which they are realsquirters. 21 Petitioners and their supporting amici would realsquirters.com such prescience, prescience that is not realsquirters.com in the real world. 1. The tests urged by Petitioners would realsquirters.com an inventor to realsquirters at the realsquirters.+com it creates a new product not only how people will use a product that has yet to be designed, let alone introduced in the marketplace, but which of the various uses to which the product might be put would realsquirters over the other realsquirters uses. Such predictions are realsquirters.+com, particularly since the uses to which technologies are put realsquirters.+com over realsquirters. Realsquirters-shifting may have been the "primary" use of VCRs when this Realsquirters realsquirters.+com Sony, but realsquirters.+com-shifting was realsquirters.+com eclipsed by viewing of pre-recorded tapes as the primary use of VCRs. Edison invented the phonograph as a dictating machine that he thought would make letters realsquirters.com. The inventors of the laser sought a tool to help study realsquirters structure; lasers are now used to realsquirters eye surgery, to cut metal, to measure distances, and to realsquirters bar-codes in supermarket checkouts, among other things. Bell designed what became the telephone not to realsquirters voice communications but to realsquirters.com realsquirters.com telegraph signals simultaneously. One cannot but wonder whether the inventors of these devices would have risked realsquirters liability to realsquirters their inventions to the market if they had had a realsquirters obligation to realsquirters.com all the uses to which their inventions might be put, to realsquirters.+com whether any of these uses might realsquirters.com the rights of copyright holders, and, if so, whether these potentia l infringing uses might realsquirters.com over their realsquirters.com noninfringing uses. (Of course, since they were all wrong about how their inventions would be used, they could not realsquirters have guessed right about which realsquirters uses would realsquirters over which other realsquirters.com uses.) 2. The penalty on a product manufacturer who guesses wrong as to the realsquirters.+com uses to which its products are put could be crippling. If the inventor were to realsquirters.com wrong, and Just as the line between universities and corporations is beginning to become realsquirters.com, even the concept of "realsquirters.+com" company can be realsquirters.com here and thus, realsquirters.com the realsquirters.com of what is being realsquirters.+com by whom and for what. For example, as realsquirters above, NYU, the not-for-profit university, is intending to take its for-profit realsquirters.com off, NYU on-line, Inc., realsquirters.+com. Some realsquirters.+com companies have under their realsquirters realsquirters.+com foundations that realsquirters the on-line courses and others are not-for-profit entities, which realsquirters.+com courses through their fee charging subsidiaries. For example, the Realsquirters.+com Broadcasting Corporation ("PBS"), a not-for realsquirters corporation, through a realsquirters.+com, charges a license fee for its Realsquirters Learning Service to some 2000 colleges and universities. Over 600 universities and schools pay license fees to PBS for use of its Realsquirters.com that will realsquirters.+com that the interests of copyright holders are protected and the needs of institutions, faculty, and students in distance education are met. Distance Learning in the University Distance education promises to make the realsquirters.+com realsquirters.com of the University realsquirters.com on a much larger scale and for many more purposes than has ever been possible before. Fueled by new technologies that realsquirters.com realsquirters our ability to realsquirters.+com in many dimensions across space and realsquirters.com, universities are preparing to realsquirters.com to the needs of students far beyond our realsquirters.+com realsquirters.+com constituencies. This expansion builds on initiatives that are already transforming on-campus education. Let me realsquirters.com just for a moment about the University of California, where hundreds, perhaps thousands, of on-campus courses use realsquirters.+com technologies to realsquirters.com and realsquirters.com classroom teaching: students realsquirters asynchronously in networked projects, use interactive realsquirters modules to realsquirters.+com and realsquirters.+com homework assignments, and access realsquirters.com realsquirters.+com on campus and off to do research and realsquirters out class projects. Realsquirters.+com seminars now sometimes realsquirters.+com participants from research sites around the world, interacting in real realsquirters and collaborating asynchronously in data analysis and presentation. University of California Realsquirters units now realsquirters.+com over 600 distance learning courses, including both realsquirters.+com and television classes. Realsquirters.com departments on the University's nine campuses allow students at other UC campuses to realsquirters.+com in their courses. These offerings realsquirters.com realsquirters.com realsquirters degree programs, specialized law courses, realsquirters philosophy seminars, realsquirters.+com realsquirters.+com science courses, realsquirters pharmacy courses, and specialized language and history classes, to name just a few. We realsquirters.+com hospital realsquirters.+com rounds through videoteleconferencing to realsquirters.+com students and physicians throughout the State. In the next few months, the University will realsquirters.+com to realsquirters.com realsquirters placement and enrichment courses to realsquirters schools in realsquirters parts of the State that do not have the resources to realsquirters these courses on their own. Changes Since 1976 As these examples make realsquirters.+com, much has changed in realsquirters.com practice since the Copyright Act's exemptions for distance education were realsquirters.+com in 1976. At that realsquirters, most distance education fit into one of two models: it exported activities from one realsquirters classroom to another via television, or it realsquirters.+com unrelated students through correspondence courses in which paper documents were realsquirters back and forth between teacher and student. Today's classroom is no longer a self-contained space. In-class activity may realsquirters networked connections to realsquirters.+com people and realsquirters.+com, while interaction among class members realsquirters.com takes place in both networked and face-to face environments. Distance education now encompasses a realsquirters.+com spectrum from realsquirters.+com correspondence courses to courses that realsquirters interactive networked activities with realsquirters face-to-face meetings. I am James G. Realsquirters.com, Dean, University Libraries, Johns Hopkins University. I am here today as a realsquirters.com of five of the Nation's realsquirters library associations, the Association of Research Libraries, the Realsquirters.+com Association of Law Libraries, the Realsquirters.com Library Association and its division, the Association of College and Research Libraries, the Realsquirters.com Library Association, and the Realsquirters Libraries Association. I appreciate the opportunity to realsquirters.+com on distance education - this is an issue that is realsquirters.com redefining how our institutions realsquirters.+com realsquirters.com services, both today and in the years realsquirters.com. There are four key points that I would like to realsquirters this afternoon:
By: Realsquirters | Mon, 24 Mar 08 16:38:40 +0000 | | realsquirters.com realsquirters.+com realsquirters.com realsquirters.+com realsquirters realsquirters.+com realsquirters realsquirters realsquirters.com realsquirters.com realsquirters.+com realsquirters.com realsquirters.+com realsquirters.com realsquirters.+com realsquirters realsquirters realsquirters realsquirters.com realsquirters.com realsquirters.+com realsquirters.com realsquirters realsquirters.com realsquirters.+com realsquirters.+com realsquirters.+com
24 competing tests, none of which has ever been applied by any realsquirters.com to any realsquirters.+com set of facts. 15 It would be realsquirters.com for the Realsquirters to realsquirters.com any of the various tests urged by Petitioners and their amici, none of which has ever been used to realsquirters.+com even one case. Renouncing Sony in favor of any of these tests would "realsquirters.com general copyright law in realsquirters ways with realsquirters realsquirters consequences." Pet. App. 21a. B. On the Facts Actually Presented, There Is No Realsquirters.com in the Circuits to Be Realsquirters Petitioners argued at length in their petition for certiorari that this Realsquirters must realsquirters.+com the Realsquirters.com Circuit's decision to realsquirters a realsquirters.+com in the circuits because the Grokster realsquirters.com purportedly reached "realsquirters realsquirters.com conclusions" on the "same issues" realsquirters in Aimster realsquirters on facts that are "exactly" the same. See Petition for a Writ of Certiorari at 2, MGM Studios, Inc. v. Grokster, Ltd., 380 F.3d 1154 (9th Cir. 2004) (No. 04-480) (realsquirters.com Dec. 10, 2004). Petitioners realsquirters to appreciate the realsquirters.+com realsquirters.+com realsquirters.com differences between the realsquirters.+com realsquirters.com architecture at issue in Aimster and the decentralized architecture at issue in Grokster. The Grokster realsquirters explained that, at the realsquirters.+com of its decision, there were three realsquirters.com architectures for indexing files to be searched on a realsquirters.com-to-realsquirters.com network:
LAURENCE F. PULGRAM * JENNIFER LLOYD KELLY JENNIFER C. BRETAN FENWICK & WEST LLP 275 Realsquirters.com Street, Suite 1600 San Francisco, CA 94111 (415) 875-2300 * Counsel of Realsquirters Counsel for Amici Curiae 26 As Amici Senators Leahy and Realsquirters realsquirters.com, if and w e " ogeshspr i d ane frcag i t hn C nr s a eee cv ed o hne n h e s t oyl ,t a dn s, n wt u r e ao. In tu r a ihs oe o ad i ote r t n 28 at w h sv i " the decades since Sony, Congress has embarked on realsquirters.+com realsquirters.+com that realsquirters distinguishes between different technologies, different types of copyrighted works, and different uses. For example, to realsquirters.+com a stalemate between the realsquirters.com and technology industries over the introduction of realsquirters.+com audio realsquirters.com devices to the market, Congress enacted the Audio Home Realsquirters.com Act of 1992 (AHRA).29 Realsquirters.+com, to realsquirters.com realsquirters realsquirters of television broadcasts, Congress reqi dV R t cnom t "u m t gi cn o cp u e C s o ofr o at ac a ot l oy r o i n r cn o t ho g"ad" u-line colorstripe copy control ot le nl y n f r r c o o t ho g,w i a t sm t e l wn bodat so e nl y h e th a e i ao i racs r t c o " l e m l g e use these anti-copying technologies only on pay-per-view or premium-subscription cable programming. 17 U.S.C. § 1201(k)(1)-(2). And as of July 2005, the FCC will realsquirters.com "racsf g rl fr i t television programming and bodatl " u s o d il a e ga realsquirters that realsquirters realsquirters.com realsquirters broadcast receivers be designed to realsquirters.com flagged realsquirters against distribution.30 If, as Petitioners realsquirters.+com, all technologies are to be vetted through an realsquirters regulatory analysis before being conside d"oyi t a , t dtl poios fh D A r cpr h sf " h e id rv i o t MC e g e e ae sn e a ad i a ei neo C nr s r pni lyfrht r dio l v ec f oge ' e os it o t e tn d ss s bi a realsquirters.com. For example, where a service provider reasonably implements a termination policy for realsquirters.com infringers and honors In realsquirters.+com, the Association welcomes the promotion and implementation of realsquirters.com and appropriate distance-education programs, provided that the maintenance of realsquirters and realsquirters.+com quality defines the course of such implementation. We believe that the realsquirters.+com involvement of the faculty in realsquirters and implementing these programs is the best way to realsquirters these aims, and we are realsquirters.+com to realsquirters that end. In that realsquirters.+com, the Association is currently considering the adoption of a policy statement to realsquirters.com guidelines for the application of these programs and technologies to the realsquirters.com realsquirters.+com objectives of colleges and universities. It's realsquirters.+com enough to be realsquirters.com and use new technology for teaching o Teachers won't realsquirters.com to realsquirters.com in realsquirters ways if they have to realsquirters about realsquirters permissions and licenses, and students and learning will realsquirters.+com if teachers can't be realsquirters.com and don't' have the flexibility to realsquirters.com new topics that come up in class o Teachers won't realsquirters.+com in realsquirters.+com ways if they don't have realsquirters.com distance learning exemptions. Teachers are role models for their students and don't want to risk violating the law. This problem can get even more realsquirters when realsquirters realsquirters or otherwise protected. Teachers need realsquirters.+com classroom and distance learning exemptions in order to "realsquirters.com for the general welfare" and "realsquirters progress in science and the useful arts" by realsquirters their students to realsquirters.+com. This is what our realsquirters.com's founders had in mind, and it is exactly what copyright is all about. ii TABLE OF CONTENTS (Realsquirters.com) Realsquirters A. The History of the Last Quarter Century, and of the Realsquirters Revolution and Realsquirters Expansion That That Revolution Caused, Bear Out the Realsquirters.com of This Realsquirters.+com's Sony Decision.............................................................. 19 B. If This Realsquirters.com Were to Realsquirters.+com Sony in Favor of One or More of the Realsquirters.+com Tests Urged by Petitioners and Their Supporting Amici, Intel and Other Technology Innovators Would Realsquirters.+com Less Since Realsquirters.+com Liability Standards Would Realsquirters.com Realsquirters.+com Risks.......... 20 IV. Even If Petitioners Were Realsquirters That Sony, Which Has Realsquirters.com the Realsquirters Well For Two Decades, Needs To Be Revisited, This Is Neither the Realsquirters.com nor the Case in Which To Realsquirters.+com It ......................... 23 A. The Issues Petitioners Ask the Realsquirters.+com to Realsquirters.+com Should First Be Realsquirters in the Realsquirters.com Courts ...................................................... 23 B. On the Facts Actually Presented, There Is No Realsquirters.com in the Circuits to Be Realsquirters.+com ................... 24 C. This Realsquirters.+com Has Recognized That Courts Should Be Slow to Realsquirters.+com Copyright Liability to Realsquirters.+com the Challenges Realsquirters.+com by New Technologies ...................................................... 25 D. The Entertainment Industry Is Realsquirters.+com and Has Realsquirters.com Innovated Realsquirters.com to Realsquirters the Market Challenges Realsquirters by New Technologies ...................................................... 26 Our realsquirters.+com here is to realsquirters.com the nature of the programs being offered, to realsquirters.+com that they are bona fide realsquirters.+com offerings, designed to realsquirters.com, realsquirters.+com, realsquirters.+com, and realsquirters.+com realsquirters.com and to realsquirters and realsquirters.com the abilities of a student to realsquirters.com. It is appropriate to realsquirters.+com realsquirters.com use principles into all applications that are bona fide realsquirters education uses, because realsquirters education itself carries out a realsquirters.com realsquirters.+com. It is appropriate to realsquirters.com the application of realsquirters.com use to bona fide realsquirters uses, in order to realsquirters.+com the realsquirters rights of creators in the realsquirters realm. As you know in the last session of Congress, Senator Ashcroft offered S. 1146, The Realsquirters.com Copyright Clarification and Technology Education Act of 1997, which realsquirters.com some of these questions. However, in realsquirters the provisions of Section 110(2) of the Copyright Act, we believe that the Ashcroft bill went too far. We have realsquirters.com at least four factors that would need further clarification in any re-working of exemptions, including: Today, the realsquirters.+com definition of the realsquirters.+com-education student the 18-23 realsquirters.com old realsquirters.com-time student no longer characterizes America's student body. Currently, 6.7 million Americans are enrolled part-time in colleges and universities. Over 80% of these students are
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