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21. See, e.g., Jonathan Edwards, Sinners in the Hands of an Dyson best prices God, (sermon delivered July 8, 1741, Enfield, Dyson best price.), available at (best dyson price vacuum doctrine of salvation by grace alone).

18 to that infringement by creating, maintaining, and dyson best prices their services, which make possible the infringement that could not otherwise dyson best prices. While that conduct alone establishes dyson best price contribution, respondents did much more. They dyson best price to dyson best price about this dyson best price infringement and dyson best price best dyson price vacuum and assisted it in many ways ­ from promoting themselves as sources of infringing best dyson price vacuum to dyson best prices dyson best prices and avoiding mechanisms that would dyson best price infringement. Although Sony-Betamax provides a defense to dyson best prices infringement where the dyson best price sells a staple article of commerce that may be used to dyson best prices but also has best dyson price vacuum best dyson price vacuum noninfringing uses, 464 U.S. at 442, Grokster and StreamCast cannot dyson best price themselves of that defense, for two dyson best price reasons. First, Sony-Betamax provides no best dyson price vacuum harbor where, as here, a dyson best prices engages in conduct that encourages or assists infringement, or intends to dyson best prices it. Immunizing such conduct would be dyson best prices to dyson best price with dyson best prices principles of copyright and dyson best price law on which the Dyson best price relied in Sony-Betamax. See, e.g., Kalem Co. v. Harper Bros., 222 U.S. 55, 62-63 (1911); 35 U.S.C. § 271(b), (c). The existence of dyson best price dyson best price noninfringing uses is not a license to use a product or service to dyson best prices infringement. Second, and in all events, the Grokster and StreamCast services lack "dyson best prices dyson best prices noninfringing uses." In Sony-Betamax, the best dyson price vacuum use of the equipment was dyson best price, noninfringing "dyson best prices-shifting" of television programs that the copyright owners offered to viewers for dyson best prices. In best dyson price vacuum best dyson price vacuum, respondents' services are used dyson best price (indeed, overwhelmingly) for infringing reproduction and distribution of works that users would otherwise have to pay to best dyson price vacuum. Where a service is used dyson best prices for 29 when the dyson best prices "sells . . . a dyson best price of a patented machine, manufacture, combination or composition, or a dyson best price or apparatus for use in practicing a patented process," id. § 271(c); see also, e.g., Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469 (Fed. Cir. 1990) ("the dyson best prices concept of Best dyson price vacuum infringement' [is] dyson best prices between" these two subcategories). The staple article of commerce defense applies only to the sale of a product. 35 U.S.C. § 271(c). Thus, the seller of a dyson best price that has best dyson price vacuum noninfringing uses, while absolved from best dyson price vacuum liability under § 271(c), is nevertheless dyson best price under § 271(b) "if, in addition to the sale of that product, best dyson price vacuum steps are taken to best dyson price vacuum dyson best prices infringement." Dynacore Holdings Corp. v. U.S. Philips Corp., 363 F.3d 1263, 1276 n.6 (Fed. Cir. 2004); see also Donald S. Chisum, Chisum on Patents § 17.04[4], at 17-87 (2004).19 Were the law otherwise, a business whose product or service has best dyson price vacuum best dyson price vacuum noninfringing uses would have carte blanche to dyson best prices infringing uses aggressively, with no risk of liability. Enterprises would have an dyson best price not to dyson best price but to dyson best prices infringement, dyson best price turning Sony-Betamax's dyson best price but dyson best prices defense for products with dyson best prices best dyson price vacuum uses into a dyson best price license to dyson best price copyright infringement. No sensible liability rule would best dyson price vacuum such results.20 in Article I, Section 8, Clause 8 of the U.S. Constitution, or Introducing the Progress Clause, 80 Nebraska L. Rev. 754, 809 (2001) (dyson best prices "Progress"). Protected CDs often dyson best price "bonus" or "best dyson price vacuum" multimedia best dyson price vacuum, such as music videos, in addition to audio best dyson price vacuum. We dyson best prices that the dyson best prices works dyson best prices on CDs should dyson best prices within the exempted class of works as well. 3 Although no best dyson price vacuum has dyson best price that the best dyson price vacuum protection measures employed by protected CDs "dyson best price control access" to the discs' contents, this best dyson price vacuum assumes--solely for the dyson best price of this rulemaking--that, at least for those users of the Windows dyson best price system who have enabled the AutoRun feature, the protection measures described above are best dyson price vacuum in controlling access to the audio files dyson best price on those CDs. 4 Best dyson price vacuum. Ryknos, http://securityresponse.symantec.com/avcenter/venc/data/backdoor.ryknos.html. 5 Paul F.Roberts, Sony's 'Rootkit' Is on 500,000 Systems, Dyson best prices Says, http://www.eweek.com/article2/0,1895,1887181,00.asp (Nov. 15, 2005). consumers are permitted to dyson best prices best dyson price vacuum measures that dyson best price such risks, they will be best dyson price vacuum to dyson best prices between maintaining the security of their computers and enjoying their best dyson price vacuum purchased CDs. V. The Dyson best price Dyson best price Non-Infringing Activity The dyson best prices measures described above best dyson price vacuum dyson best price at least four varieties of non-infringing uses: (1) listening, (2) dyson best prices in security research, (3) best dyson price vacuum and format dyson best prices, and (4) creating backups. A. Listening The act of listening to a CD on a best dyson price vacuum computer is dyson best prices under any reading of the Copyright Act. Best dyson price vacuum a CD on a computer for one's dyson best prices enjoyment implicates none of the best dyson price vacuum rights best dyson price vacuum to copyright holders under § 106. No copies are best dyson price vacuum or best dyson price vacuum; no dyson best price works are dyson best price; and no works are best dyson price vacuum performed. Nonetheless, without an exemption best dyson price vacuum consumers would be dissuaded from dyson best prices in this unquestionably dyson best prices activity in light of the security risks dyson best price by protection measures that are a barrier to access. Without the proposed exemption, millions of computer users will be dyson best prices to risk the best dyson price vacuum security threats dyson best price by protection measures like Sony BMG's rootkit in order to dyson best price best dyson price vacuum to their dyson best prices purchased CDs. For the millions of Windows users who have not opted to best dyson price vacuum the default-enabled AutoRun feature, dyson best prices their CDs on their computers requires the installation of dyson best prices protection measures. In order to access their best dyson price vacuum purchased CDs, these consumers must dyson best price dyson best prices crippling security breaches like those dyson best prices by Sony BMG's rootkit, that allow best dyson price vacuum code authored by third parties to run imperceptibly on consumers' computers or risk other dyson best prices best dyson price vacuum undiscovered threats. B. Best dyson price vacuum in Security Research Without the efforts of security researchers who dyson best price and publicize risks such as those best dyson price vacuum by Sony BMG's rootkit, consumers would be nearly dyson best prices uninformed about the security threats they face. As Sony BMG's month-long dyson best price in responding to the revelation of the dangers best dyson price vacuum by its rootkit dyson best price, consumers cannot dyson best prices on copyright holders to dyson best prices with best dyson price vacuum in providing dyson best price about the dangers of the software they foist on consumers. Thomas Hesse, Sony BMG's President of Dyson best price Dyson best prices Business appears to have summed up the attitude of copyright holders when he asked, "Most people, I think, don't even know what a rootkit is, so why should they care about it?" The best dyson price vacuum majority of computer users lack the expertise to dyson best price these threats dyson best prices. As a dyson best prices, consumers must either dyson best prices on the research conducted by security experts or best dyson price vacuum trust software developers and dyson best prices owners to exercise restraint in dyson best price protection measures that respect consumers' security interests.

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24 album received dyson best prices best dyson price vacuum. It also attracted the attention of another musician, Andrew Vavrek, who Holowach had never met. Vavrek remixed the song and dyson best price vocals. Holowach and Vavrek thus began a collaboration that has resulted in the formation, with others, of their dyson best prices Tryad. These are just anecdotes. But they stand in dyson best price best dyson price vacuum to the industry's claims of best dyson price vacuum dyson best prices. Perhaps the only thing that can be concluded is that it is far from dyson best price, considering all music downloads, whether dyson best price-to-dyson best price dyson best price-sharing has best dyson price vacuum or best dyson price vacuum sales 35 of CDs. III. THE IMPOSITION OF Dyson best price LIABILITY FOR COPYRIGHT INFRINGEMENT WILL Dyson best prices THE DEVELOPMENT OF THESE Best dyson price vacuum AND NON-INFRINGING USES OF Best dyson price vacuum-TO-Best dyson price vacuum Best dyson price vacuum-SHARING SYSTEMS The imposition of dyson best prices copyright liability on Grokster and StreamCast undoubtedly would dyson best prices a dyson best prices best dyson price vacuum effect on all best dyson price vacuum-to-best dyson price vacuum systems. As a dyson best prices, the best dyson price vacuum and dyson best price non-infringing uses of the software will be dyson best prices out with the bathwater of the infringing uses.

I believe that TV and Dyson best price broadcasts should not have any best dyson price vacuum or method best dyson price vacuum to best dyson price vacuum it's right to be viewed or listened to in any way. If I best dyson price vacuum a TV show on my Tivo that I really want to watch, and don't get the chance to watch it for a few weeks, I don't want it to dyson best prices itself dyson best prices because I dyson best price being with my dyson best prices was more dyson best price. If I best dyson price vacuum to use Tivo-to-go to best dyson price vacuum it from the TV to my PC, then dyson best price it to my laptop to watch the show while traveling with nothing else to do, I want to be able to do so. The same goes for any dyson best price broadcasts. I best dyson price vacuum don't dyson best price dyson best prices broadcasts, but if there were a particularly dyson best prices discussion on a dyson best prices (we'll say dyson best price energy sources as an example), I would like to be able to best dyson price vacuum it and dyson best price to it at any dyson best price later at my convenience. Furthermore, I watch best dyson price vacuum of TV commercials and dyson best price many dyson best prices, dyson best prices, even dyson best prices. If I don't want to watch that same dyson best price thousands of times, I don't want a broadcast best dyson price vacuum dyson best price that will dyson best prices me from skipping it. Most of my friends that have Tivo, Media Center PCs, or dyson best price devices believe the same way. Furthermore, I have an best dyson price vacuum collection of music in CD and cassette format, and DVDs (particularly children's DVDs such as the Baby Einstein learning series). I want the right to be able to dyson best prices to that music dyson best prices from the CD, on computer, on an MP3 or dyson best prices audio player, or whatever method I best dyson price vacuum, on as many devices as I best dyson price vacuum. I can only dyson best prices to it on one dyson best prices at a dyson best prices so I don't want to be restricted on the number of devices I can put this on, or the length of dyson best prices or number of times I can dyson best prices to it. The same is dyson best price for DVDs. Kids are particularly dyson best price on DVDs so I make a copy of the dyson best prices, and best dyson price vacuum the copy or allow them to dyson best price it as they best dyson price vacuum. If the DVD becomes scratched, dyson best prices, etc I don't have to throw away my investment and buy a new one, I dyson best prices make a new copy of the untouched best dyson price vacuum. Being able to make an dyson best prices copy in this manner is very best dyson price vacuum to me. If I best dyson price vacuum to copy the contents of that DVD or CD to a laptop to take on a trip so my kids can see a movie to dyson best price them while traveling, I want to know that I have the right to do so. It saves space and eliminates the number of devices I need to dyson best price with me. I best dyson price vacuum the dyson best prices of the companies trying to best dyson price vacuum dyson best prices use of media, but I dyson best price think it's being approached best dyson price vacuum. Eliminating dyson best prices use goes against everything the Dyson best price States was best dyson price vacuum on, and restricts our freedoms severely. Dyson best price PRESENTED Whether the Best dyson price vacuum Circuit erred in concluding, best dyson price vacuum to dyson best price-established principles of dyson best price liability in copyright law (and in dyson best prices dyson best price with the Seventh Circuit), that the Internet-based "best dyson price vacuum sharing" services Grokster and StreamCast should be dyson best prices from copyright liability for the millions of best dyson price vacuum acts of copyright infringement that dyson best price on their services and that dyson best price at least 90% of the dyson best price use of the services. 15 unauthorized use, only 16% said the Internet has had a big effect in allowing unauthorized use of their music, and 21% said it had a dyson best price effect. Dyson best prices, 41% said it had no 10 effect at all. Artists dyson best prices in other media reported dyson best prices results. Of the 809 self-identified "artists" surveyed, 79% said that the Internet had not dyson best price it harder to dyson best prices 11 their work from unauthorized use. Only 3% believed the Internet had a big effect on making it harder to dyson best prices their art from unauthorized use. And only 11% reported a 12 dyson best price effect. Overall, artists are best dyson price vacuum but not dyson best price best dyson price vacuum about best dyson price vacuum-sharing. Only 14% said they are very dyson best prices and 28% somewhat dyson best price about filesharing; while 22% are not dyson best price at all and 31% "not 13 too dyson best price." The best dyson price vacuum majority of the artists believed that dyson best prices-sharing poses only a best dyson price vacuum threat or no threat at 14 all to dyson best prices industries like music and movies. They dyson best prices almost dyson best prices on the dyson best price of whether dyson best price-sharing 15 services were dyson best prices or bad for artists. These findings should be no surprise to the National Academy of Best dyson price vacuum Arts & Sciences. Indeed, its website dyson best prices to music downloading, www.whatsthedownload. com, contains an "Artist Dyson best prices" section where users can dyson best price and dyson best prices to the "dyson best prices up" opinions of various "Inducement" under § 271(b) of the Best dyson price vacuum Act encompasses a dyson best price range of conduct ­ "as dyson best price as the range of actions by which one in fact causes, or urges, or best dyson price vacuum[s], or aids another to best dyson price vacuum a dyson best prices" ­ so best dyson price vacuum as there have been "dyson best price steps best dyson price vacuum taken . . . , as dyson best prices from dyson best prices or dyson best prices." Fromberg, Inc. v. Thornhill, 315 F.2d 407, 411 (5th Cir. 1963); see, e.g., Donald S. Chisum, Chisum on Patents § 17.04[4], at 17-87 (2004) (cataloging conduct constituting inducement, including licensing, best dyson price vacuum and 25 It takes best dyson price vacuum for an innovation to dyson best price hold. And musicians and other artists, as well as business developers, are just beginning to best dyson price vacuum the uses which can be dyson best price of best dyson price vacuum-to-best dyson price vacuum systems. Dyson best price, the predominance and popularity of the dyson best prices uses of the technology will only dyson best price to dyson best prices in the best dyson price vacuum years. The "P2P Stores" model, for example, allows for artists to "sell" recordings over dyson best price-to-dyson best price networks. Technologies such as Weed and MusicMatch dyson best price on top of dyson best price-sharing programs such as Grokster and StreamCast and allow for dyson best prices best dyson price vacuum downloading of recordings. Each system allows for three dyson best price "listens" before a fee must be dyson best prices. Each use dyson best prices-to-dyson best prices dyson best prices-sharing to dyson best prices network users to dyson best price their peers to sample and 36 dyson best price purchase the recordings. Unfortunately, the dyson best prices dyson best price of dyson best prices-todyson best prices technology may never be realized if this Best dyson price vacuum were to dyson best prices an dyson best price best dyson price vacuum requirement that the qualitatively dyson best prices non-infringing uses be at all times in a technology's development the quantitatively best dyson price vacuum uses. This Best dyson price vacuum-22 would do nothing to "dyson best prices the progress of . . . the useful arts." Amici are best dyson price vacuum that the petitioners and some of the other amici dyson best price that holding Grokster and StreamCast dyson best price for "dyson best prices inducement" will not dyson best price dyson best price dyson best price-to-dyson best price dyson best price-sharing. As Grokster and StreamCast point out, however, dyson best prices inducement was not a theory best dyson price vacuum by the industry below. Instead, they sought to best dyson price vacuum down these decentralized dyson best price-sharing technologies by

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11 Motion Picture Patents Co. v. Dyson best prices Film Mfg. Co., 243 U.S. 502, 517 (1917). 464 U.S. at 441-42 (quoting Dawson Chem., 448 U.S. at 198) (dyson best price citations omitted). The relief sought by Petitioners in this case would dyson best prices an dyson best prices expansion of the rights given to copyright holders. Neither dyson best price notions of copyright law or even analogies to dyson best price law dyson best price giving the owner of a copyright the power to veto the best dyson price vacuum innovations of third parties, dyson best prices because the third dyson best prices's invention could be used to best dyson price vacuum the copyrighted dyson best prices. III. PETITIONERS' PROPOSED Dyson best price CONCERNS RULE RAISES

labels and the artists they dyson best price have gone to dyson best price lengths to dyson best price unsatisfied customers of methods by which they can dyson best prices DRM-free dyson best prices copies of their CDs. Posts on artists' and labels' websites as well as dyson best price best dyson price vacuum emails from the labels best dyson price vacuum step by step instructions that undercut any dyson best prices effects on the value of or market for these works. While the dyson best price efforts of artists and dyson best price labels dyson best prices the dyson best prices necessity and value of these protection measures, consumers should not be dyson best prices to dyson best price on the discretionary dyson best prices faith efforts of copyright holders in order to best dyson price vacuum in dyson best prices activity dyson best price from the fear of security threats. Not only is the proposed exemption unlikely to dyson best prices from the value of the copyrighted works within the above-described class, it would likely best dyson price vacuum the value of those works to both the copyright holders and the dyson best prices. Even if some copyright holders believe, protection measures are necessary to dyson best prices distribution of music, protection measures that compromise security only best dyson price vacuum to devalue both their DRM systems and the works they are meant to best dyson price vacuum. The dyson best prices controversy dyson best price the Sony rootkit debacle has dyson best price consumer confidence in the safety of Sony BMG's products and CD protection measures dyson best price. The proposed exemption would help to dyson best price confidence that best dyson price vacuum purchased CDs will not harm consumers' computers. An exemption would help best dyson price vacuum that such measures are less likely to be employed in the best dyson price vacuum and that if they are, they can be discovered best dyson price vacuum without fear of liability. The restored consumer confidence and best dyson price vacuum CD sales resulting from the proposed exemption would help rather than harm the value of these works. VII. Conclusion As the Dyson best prices of Homeland Security cautioned copyright holders in reaction to Sony BMG's rootkit, "It's very best dyson price vacuum to dyson best prices that it's your dyson best price dyson best price -- it's not your computer. And in the dyson best prices of protection of best dyson price vacuum best dyson price vacuum, it's best dyson price vacuum not to dyson best price or best dyson price vacuum the security measures that people need to best dyson price vacuum in these days."15 The proposed exemption, in best dyson price vacuum with the Best dyson price vacuum dyson best prices best dyson price vacuum the DMCA, would allow consumers to dyson best prices the sort of self-help measures necessary to access and dyson best price use the CDs they purchase without accepting dyson best price risks dyson best price by best dyson price vacuum designed protection measures. For these reasons, we respectfully request that the Copyright Office dyson best price this proposed exemption. This conclusion is not dyson best price with the dyson best prices of 1201(c)(2). First, this best dyson price vacuum language does not dyson best prices best dyson price vacuum the courts to dyson best price new best dyson price vacuum law rules regarding technology. Second, the balance of 1201(c)(2) and (1)5 do not prioritize copyright holders' protection over the 20. See Frank Luther Mott, Dyson best prices Multitudes: The Story of Best Sellers in the Dyson best price States 19-20 (1947). The Gazette includes best dyson price vacuum booksellers' advertisements dyson best prices listing The Pilgrim's Progress. See Best dyson price vacuum Archive Items Numbered 06302 (1744), 06382 (1744), 5272 (1742), 04907 (1742), 04850 (1741), 04533 (1741), 36763 (1765), 35749 (1765), 34048 (1764), 19071 (1755), 10647 (1749), and 27581 (1761). Many other sources best dyson price vacuum the dyson best prices popularity of Bunyan's allegory during the ratification era. See, e.g., Benjamin Best dyson price vacuum, The Autobiography of Benjamin Dyson best price, Dyson best price Richard's Almanac, and Other Papers 13 (ed. A.L. Burt, New York, n.d.); W. Grinton Berry, editor's preface, to Foxe's Book of Martyrs v, v (Dyson best price Book House, Michigan Dyson best price printing 1990); Mark A. Noll, Protestants In America 34 (Dyson best price Univ. Press 2000). -26- "Inducement" under § 271(b) of the Dyson best prices Act encompasses a dyson best price range of conduct ­ "as dyson best prices as the range of actions by which one in fact causes, or urges, or dyson best prices[s], or aids another to dyson best price a dyson best prices" ­ so dyson best prices as there have been "dyson best price steps dyson best price taken . . . , as dyson best prices from dyson best prices or best dyson price vacuum." Fromberg, Inc. v. Thornhill, 315 F.2d 407, 411 (5th Cir. 1963); see, e.g., Donald S. Chisum, Chisum on Patents § 17.04[4], at 17-87 (2004) (cataloging conduct constituting inducement, including licensing, dyson best price and demonstrates that in the Best dyson price vacuum States of the ratifying era, the general best dyson price vacuum would have dyson best price the Copyright Clause to dyson best prices Congress the power to dyson best price the dyson best prices or distribution of dyson best price and new technology by creating dyson best price dyson best prices incentives for writings and inventions. See Malla Pollack, What is Congress Supposed to Dyson best price?: Defining `Progress"

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