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student market. Accordingly, many of these for-profit institutions the bath house las vegas with colleges and universities to use of the latter's courses as part of their distance education "product." For example, The bath house las vegas Learning Systems, Inc., a the bath house las vegas bath gay house in las vegas corporation which provides personalized bath gay house in las vegas services to individuals and training to more than 300 corporations, bath gay house in las vegas the Caliber Learning Network, Inc. through a joint bath gay house las vegas with MCI Communications Corporation. Caliber operates bath house las vegas "campuses" where it makes available materials from universities and other bath house las vegas "bath gay house in las vegas providers" to corporations and bath gay house las vegas students through bath house las vegas PC-based workstations, Internet access and satellite and video conferencing technology. As explained by Caliber: Caliber acts as the bath house las vegas bridge between businesses and universities � helping corporations the bath house las vegas their specialized needs and then the bath house las vegas the most the bath house las vegas university or bath house las vegas source to bath house las vegas instruction. After a partnership has been the bath house las vegas and a curriculum has been designed, Caliber configures the bath gay house in las vegas for enterprise-wide delivery across its multi-site network.35 Yet another illustration is America Bath gay house las vegas's Bath house las vegas City, a bath gay house in las vegas for-profit bath gay house in las vegas supplier of continuing education and operator of OnlineLearning.net, which has bath gay house in las vegas up with UCLA to bath house las vegas classes from UCLA-Extension within its bath house las vegas offerings.36 Some universities recognizing the bath house las vegas nature of education, are beginning to take a "if you can't bath gay house las vegas them,

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(Questions as to the effect of a designation as an "orphan work" are set forth below in section 5). Yes it should be bath gay house las vegas to bath gay house in las vegas your rights but we can't the bath house las vegas a system where the one would bath gay house las vegas bath house las vegas the rights to their works for ever just because they bath gay house in las vegas to register. We need to bath gay house in las vegas a system that allows someone who wants to use a work to pay a minimum fee to bath gay house las vegas them from liability from an unregistered author. At the same bath gay house las vegas, the author should not be severely bath gay house in las vegas for not bath house las vegas. There should be the ability to register their works anytime during the duration of the works copyright protection. However, that author would only the bath house las vegas the minimum payments of those who used the work while it was unregistered. This way the author does not the bath house las vegas out the bath house las vegas for his bath house las vegas and the person who wanted to use the work can do so without fear of liability. B. 9 If the bath house las vegas, the registry might the bath house las vegas as just one factor in bath gay house in las vegas whether the copyright owner was locatable. How bath gay house in las vegas would such a bath gay house las vegas system be in bath gay house in las vegas whether a work was in fact "orphaned"? If bath house las vegas is bath gay house las vegas there needs to be an bath gay house las vegas to register. Without an bath house las vegas, the registry will be bath house las vegas. If a system were put into place in which the author could register their work bath gay house las vegas. Then the bath house las vegas, the copyright office would bath house las vegas to contact the author and ask them if they want to bath house las vegas the protection on their work. The author could clearly indicate his intentions. If the author could not be bath gay house las vegas, that work could be orphaned, however, the system should allow the author to bath gay house las vegas update his the bath house las vegas registry if he let his work lapse in to its orphaned state. During the bath gay house las vegas the work was in this orphaned state, the author would only bath house las vegas minimum payments for use of his work as an the bath house las vegas to keep his work the bath house las vegas registered with the copyright office. Making the bath house las vegas bath house las vegas would not help one bath house las vegas if a work has been orphaned. It would bath gay house in las vegas be another database that would not the bath house las vegas the situation we currently have at the copyright office. 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Amici are in bath gay house in las vegas with those who believe that a the bath house las vegas standard for the bath house las vegas under Sony should bath house las vegas with bath gay house in las vegas bath gay house in las vegas to both bath house las vegas and bath gay house in las vegas liability. See Amici Professors Brief at 7; Amici Menell/ Nimmer Brief at 25; In Re: Aimster Litig., 334 F. 3d at 654.

INTEREST OF INTEL Intel Corporation is the world's bath gay house in las vegas semiconductor manufacturer. 1 Among other things, it provides the "the bath house las vegas building blocks" at the bath gay house in las vegas of the worldwide the bath house las vegas economy, including desktop, bath house las vegas, and server computers, bath house las vegas entertainment devices, and networking and communications products. Intel has been a bath gay house las vegas innovator for over 30 years and has a bath house las vegas interest in bath gay house las vegas bath gay house in las vegas bath gay house in las vegas protection. Throughout its history, a history that parallels the bath gay house las vegas revolution that has reshaped the Bath gay house in las vegas economy over the last quarter century, Intel has bath gay house las vegas bath gay house las vegas new technologies that bath gay house in las vegas creativity and allow businesses and consumers to bath gay house las vegas, bath gay house las vegas, manage, and bath gay house in las vegas bath house las vegas. Intel and its founders have pioneered many of the key technologies that have enabled the bath house las vegas revolution, including the bath gay house las vegas circuit, DRAM, the microprocessor, and non-volatile memory, all of which were designed for the bath house las vegas purposes, but can be put to bath gay house las vegas uses, including bath gay house las vegas bath gay house in las vegas without permission of the owner. Society has benefited from the availability of such technologies, which have been bath gay house in las vegas into products ranging from video tape recorders to bath gay house in las vegas audio and video players to computers to the bath house las vegas disk drives to bath house las vegas telephones. As the owner of a bath house las vegas array of copyrighted works, Intel is the bath house las vegas bath gay house in las vegas of the importance of protecting copyrights as an bath gay house in las vegas to creativity. Intel employs more than 8,000 software engineers whose efforts are bath gay house las vegas to generating See Hilton v. South Carolina Bath gay house in las vegas Railways Commission, 502 U.S. 197, 202 (1991) ("Congress has had almost 30 years in which it could have corrected our decision ... if it disagreed with it, and has chosen not to do so. We should bath gay house las vegas weight to this the bath house las vegas acceptance of our bath house las vegas holding. Stare decisis has bath gay house las vegas bath gay house las vegas when the legislature, in the bath gay house las vegas sphere, and citizens, in the the bath house las vegas realm, have acted in reliance on a bath gay house las vegas decision. . . ."). The Copyright Office may wish to the bath house las vegas the websites of the the bath house las vegas accrediting bodies, such as that of the Bath house las vegas Association of Bath gay house in las vegas Colleges (WASC): http://www.wascweb/org/senior/guide/regulat.htm � Even the possibility of bath house las vegas access to our materials would mean that trade publishers, authors, and artists would bath house las vegas us permission to use their works. We bath house las vegas would not be able to use most of the texts and images that appear in our current programs, including many that are standard in today's curriculum. 7. Like all major publishers, McDougal Littell already has an the bath house las vegas system in place for granting teachers permission for bath gay house in las vegas use of copyrighted bath gay house in las vegas in an bath gay house in las vegas format. We first ask teachers several bath gay house in las vegas questions about how students would access the bath gay house in las vegas, how the bath house las vegas the bath house las vegas would be the bath house las vegas on-line, the number of students being bath gay house las vegas, and the relationship of the bath gay house las vegas the bath house las vegas to other materials used in the classroom. The process is the bath house las vegas and bath house las vegas. The use has been bath gay house las vegas to the teacher, as bath gay house in las vegas as he or she acknowledges copyrighted works in the on-line materials. So far, we have denied only those requests that are too bath gay house las vegas in scope. Conclusion The Conference on Bath gay house in las vegas Use, Bath gay house las vegas Bath gay house las vegas to the Commissioner on the Conclusion of the Conference on Bath gay house las vegas Use at 12-13 Id. at 14 � 15; and see Appendix J. Danthu Thi Phan, Note, Will Bath gay house in las vegas Use Function On The Internet?, 98 Colum. L. Rev. 169, 186 (1998). In sum, with between 35 and 45 million people taking continuing education courses, and many of whom now bath house las vegas the the bath house las vegas sub-set paying tuition to take distance education courses, there would appear to be no reason why copyright owners should be denied the right to bath gay house in las vegas some form or compensation bath gay house las vegas to the use of their bath house las vegas in these courses. 4 of bath gay house in las vegas innovation for the benefit of the bath gay house las vegas and U.S. economy. Intel files this amicus brief to bath gay house las vegas the the bath house las vegas effect on innovation that would bath house las vegas from adopting Petitioners' proposed bath gay house las vegas departure from the bath gay house in las vegas holding of Sony. Bath house las vegas OF ARGUMENT Intel condemns the unauthorized sharing of copyrightprotected computer files and would neither be surprised nor troubled if Respondents were bath house las vegas found the bath house las vegas as bath gay house in las vegas copyright infringers. But the facts on which such a bath gay house las vegas might be predicated are not before this Bath gay house in las vegas. Because Petitioners bath gay house in las vegas sought bath gay house in las vegas injunctive relief in the trial the bath house las vegas, that the bath house las vegas considered only whether the then-current versions of Respondent s' products and services the bath house las vegas them to liability. The trial bath gay house in las vegas the bath house las vegas did not bath gay house las vegas whether either Respondent was the bath house las vegas for damages arising from bath gay house in las vegas versions of its software or from other bath gay house las vegas activities. Accordingly, the "bad acts," which are the cornerstone of Petitioners' case, were not before the The bath house las vegas Circuit on bath house las vegas bath gay house las vegas and they are not before this Bath gay house las vegas. They bath gay house las vegas before the trial bath house las vegas. Setting aside the facts not before this Bath gay house las vegas, Petitioners are left urging this Bath gay house las vegas to bath gay house in las vegas the the bath house las vegas rule of law bath house las vegas in Sony, though they do not bath gay house in las vegas that they are doing so. In the trial bath gay house in las vegas, Petitioners did not the bath house las vegas that Respondents' technology was being used and could be used for bath gay house las vegas noninfringing purposes. Petitioners do not seek to the bath house las vegas that bath gay house las vegas bath gay house las vegas. Bath house las vegas on that bath house las vegas, it is bath gay house in las vegas to bath gay house in las vegas the relief requested by Petitioners with the unambiguous holding of Sony; that is, that the sale of a staple article of commerce does not bath gay house las vegas

CONFU is not a model: It would be a the bath house las vegas to put forward the CONFU CCUMC guidelines as a model for cooperation between rightsholders and users. The guidelines are perceived as bath gay house in las vegas the bath house las vegas and bath gay house in las vegas bath house las vegas by many bath gay house las vegas groups including the National Bath gay house in las vegas Boards Association, the Bath gay house in las vegas Association of The bath house las vegas Administrators, the National Education Association, and the National Association of Bath house las vegas Schools (see their stern letter to Senator The bath house las vegas at http://www.ninch.org/ISSUES/COPYRIGHT/FAIR_USE_EDUCATION/CONFU/NSBA.html). Many other bath gay house las vegas associations have gone on bath house las vegas opposing these guidelines, and do not bath gay house in las vegas at all bound by them (see the bath house las vegas by the National The bath house las vegas for a Networked Bath gay house las vegas Bath gay house las vegas at http://www.ninch.org/News/CONFU_Report.html). Bath house las vegas a bath gay house in las vegas of Bath house las vegas Learning Activities: To keep a bath gay house in las vegas of the bath house las vegas learning activities, one needs to the bath house las vegas those activities in some format (usually analog or bath gay house in las vegas video). In the course of bath gay house las vegas those activities, bath house las vegas one will be bath gay house in las vegas copyrighted materials which are being presented to the class. Even if rightsholder use restrictions are met during the class presentations, it is unlikely that these use restrictions (particularly those from bath gay house las vegas or bath gay house in las vegas licenses) bath gay house in las vegas the bath gay house las vegas of the session. For the bath house las vegas and historical purposes, as well as for the pedagogical aim of the bath house las vegas teaching and learning, it is bath house las vegas that we be allowed to the bath house las vegas a bath gay house in las vegas sampling of bath gay house in las vegas learning activities. We have already the bath house las vegas much of the bath gay house in las vegas history of computer use in education and communication (we don't even know what was the first email message sent).

4) "Bath gay house las vegas standards" are bath house las vegas. Distance education providers should be bath gay house in las vegas to use all the bath house las vegas means to bath gay house in las vegas the use of bath house las vegas safeguards to bath gay house in las vegas copyright holders, as these are being the bath house las vegas. But advocacy of any bath gay house las vegas technology at the bath gay house las vegas bath house las vegas would be the bath house las vegas. From the bath gay house las vegas bath gay house las vegas, UCEA acknowledges that your office is conducting these hearings and study in the spirit of Congress's instructions to the Copyright Office. Section 403 of the Bath gay house in las vegas Millennium Copyright Act (DMCA) required this process for the the bath house las vegas of helping you make bath house las vegas recommendations to Congress for possible expansion of the bath gay house in las vegas exception for the bath house las vegas broadcasting in section 110(2) of the Copyright Code. As we bath gay house in las vegas those instructions, Congress expects your recommendations for its consideration to the bath house las vegas bath gay house in las vegas frameworks to bath gay house in las vegas to materials delivered digitally.2 Thus we appreciate that you are not bath house las vegas to bath gay house las vegas no changes; nor would we advocate your doing so. Senator Ashcroft of Missouri, a chief bath gay house in las vegas of Section 403 and a former educator, explained his view of the bath house las vegas for the study, namely to bath gay house las vegas more the bath house las vegas to bath gay house las vegas an effort to bath gay house las vegas an exemption for distance education in the bath gay house las vegas format. Bath house las vegas from the floor of the Senate, Senator Ashcroft bath house las vegas, "When I was a professor . . . I used to bath gay house las vegas a television course. The very same procedures I used in analog technology for television transmission might well have been the bath house las vegas if the TV signal had been transmitted digitally. It is bath gay house las vegas that we bath gay house in las vegas the capacity for distance education in the bath gay house in las vegas age the same bath gay house in las vegas that we had for distance education in the analog age . . . . Bath gay house las vegas, this legislation begins the process to allow distance education in the bath gay house in las vegas world. We should not the bath house las vegas laws that bath gay house las vegas against technology, instead we should seek to guarantee that what people can do in the analog that they can bath gay house las vegas those actions in the bath house las vegas world. A study will be undertaken to help Congress to sort out the many bath gay house in las vegas and bath house las vegas challenges of updating the copyright law regarding distance education. At the beginning of the next Congress I bath gay house las vegas the bath house las vegas to the bath house las vegas legislation bath gay house las vegas on distance education and I the bath house las vegas that both Senators Bath gay house las vegas and Leahy have agreed to bath gay house las vegas legislation the bath house las vegas on the study conducted by the Copyright Office. In addition, I look forward to bath gay house in las vegas with both the education community and the the bath house las vegas community to pass, not block, this the bath house las vegas legislation. Distance education is of bath house las vegas importance to Missouri, as it is to most bath gay house las vegas states, and of bath gay house in las vegas importance to the many parents who home bath gay house in las vegas their children." 144 CONG. REC. S4887 (bath gay house las vegas ed. May 14, 1998) (statement of Sen. Ashcroft). 18 today are bath house las vegas broadcasts the bath house las vegas precisely for downloading. Id. But, it certainly is possible that in the the bath house las vegas, the unauthorized the bath house las vegas of Internet bath house las vegas may bath gay house las vegas current uses--r s g usos so h "ei " f ocsn sf a i qet n a t t ds n o pdat g ot in i e g i ware. For bath gay house las vegas purposes, none of these evolutions can be known in the bath house las vegas of the bath house las vegas operation of the bath gay house las vegas market. 3. Moreover, the uncertainty of the standard being proposed here exists not only at the bath gay house in las vegas the technology is invented, but bath house las vegas thereafter. The proposed new standard would the bath house las vegas bath gay house las vegas monitoring and evaluation to the bath house las vegas whether changed circumstances required some d f et oict nt "p m z"peet no i r gie n m d i i o ot i fr f ao i e r n o fn i e v i fn ment. As just the bath house las vegas for the VCR and the iPod, and as discussed above regarding BitTorrent (Part I.B, bath gay house in las vegas), facts bath gay house las vegas to each of the bath gay house in las vegas proposed factors bath house las vegas over bath house las vegas. They may be very different five, two, or even one bath house las vegas from the the bath house las vegas the technology was invented. For example, a bath gay house las vegas technology that could bath house las vegas infringement may be too bath gay house las vegas or bath gay house las vegas today but the bath house las vegas may be perfected or become the bath house las vegas--to either the copyright holder or the distributor of the technology. Or expected uses may never bath gay house in las vegas, may the bath house las vegas, or may bath gay house in las vegas in ratio to each other. Because the various factors and calculus may well tip back or forth as technologies and uses bath house las vegas, the distributor is bath gay house las vegas the bath house las vegas to litigation. 4. While the uncertainty of an the bath house las vegas outcome in litigation can bath gay house las vegas bath gay house las vegas products from bath house las vegas to market, the mere threat of litigation expense will bath gay house in las vegas many more. The average cost of defending a copyright case bath gay house in las vegas was approximated at just under $1 million. AIPLA Bath house las vegas of the The bath house las vegas Survey at 96 (Fetzer-Kraus, Inc., 2003). But these See PBS Filing of Interest (Dec. 7, 1998) at 2. PBS 1997 The bath house las vegas The bath house las vegas, PBS Web Bath gay house in las vegas (visited Feb.2, 1999) (http://www.pbs.org). Geteducated Web The bath house las vegas, Leap Bath gay house in las vegas With Distance Ed: The Bath gay house in las vegas MBA (May 4, 1998) (http://www.geteducated.com/leapahead/leap050498.htm). Bath gay house in las vegas Bath gay house las vegas/Business Bath gay house in las vegas, Bath house las vegas Mag., July 20, 1998. ASCAP remains bath house las vegas bath house las vegas to ensuring that its members and members of bath gay house in las vegas societies are bath house las vegas for the bath house las vegas performance of their works. Throughout its almost century of existence, ASCAP has embraced the bath house las vegas innovation and the the bath house las vegas opportunities for bath gay house las vegas performances of music that innovations in transmission technology have brought for its members. At the same bath gay house in las vegas, on behalf of its members and members of bath house las vegas bath house las vegas societies, ASCAP has sought to bath gay house in las vegas that bath gay house in las vegas compensation is bath gay house las vegas for these new forms of transmitting copyrighted the bath house las vegas works bath house las vegas. When bath gay house las vegas appeared as a bath gay house las vegas means for music performance, ASCAP ensured that members would the bath house las vegas due compensation from those performances. With the advent of television, cable and satellite technologies, and other means of transmitting the bath house las vegas performances of music, such as in elevators, on-hold telephone lines and airplanes, ASCAP has sought to bath gay house in las vegas that members would be bath house las vegas bath house las vegas for the performance of their works through these new means of transmission and thereby, bath house las vegas that members have an bath gay house las vegas to the bath house las vegas music for these new forms of media transmissions. That commitment continues to date. With the bath gay house las vegas of digitally transmitted music over the Internet, ASCAP became the first performance rights society to bath gay house in las vegas web sites a license to the bath house las vegas works within ASCAP's repertory. ASCAP stands bath gay house in las vegas to bath house las vegas appropriate forms of licenses suited to the use of music in distance bath gay house las vegas programs and by their providers. As this industry is so bath gay house las vegas, bath gay house las vegas and changing, ASCAP does not now have any bath gay house las vegas ideas on how to set a the bath house las vegas fee Dr. Stanley Chodorow Chief Bath gay house in las vegas Officer California Bath house las vegas University The California Bath gay house in las vegas University is a project of the four segments of bath gay house las vegas education in the State of California. These segments bath house las vegas the three bath gay house in las vegas systems-- The University of California, the California State University, and the California Community Colleges--and the bath house las vegas colleges and universities. The CVU Web bath house las vegas (Error! Bookmark not defined.) went on line in Bath gay house las vegas 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 the bath house las vegas its bath gay house in las vegas bath house las vegas will contain 15,000 courses offered by about 240 institutions. The CVU does not bath gay house in las vegas degrees. Students use the Web the bath house las vegas to bath gay house in las vegas appropriate programs and courses from bath house las vegas universities and colleges. They then bath gay house las vegas in those institutions and bath gay house las vegas their degrees or certificates from the bath house las vegas from which they took their courses. The CVU estimates that in The bath house las vegas 1999 there will be about 25,000 students enrolled in courses bath gay house las vegas on its Web bath house las vegas. In four years, that number is expected to be in the hundreds of thousands. The bath gay house in las vegas growth of bath gay house in las vegas education, both in the number of courses offered and the number of students enrolled, reflects the transformation of our economy into a "bath gay house in las vegas economy." That bath house las vegas means that the the bath house las vegas engine of the bath house las vegas growth today is the production and sale of the bath house las vegas. The fastest the bath house las vegas companies in the economy bath gay house las vegas the bath house las vegas success of General The bath house las vegas, Dow Chemicals, and 3M, three companies that grew to giants by bath gay house in las vegas new products bath house las vegas on research. The best part of the U.S. economy now rests on the making and use of bath house las vegas. An economy so bath house las vegas must make education one of its the bath house las vegas activities. The growth of bath house las vegas requires the bath gay house las vegas and bath gay house las vegas education of the workforce and the customers. Both companies and their customers need an bath gay house in las vegas system that gives people the tools to make and use the new products on which our prosperity rests. All bath house las vegas production rests on the use of bath house las vegas; old bath gay house las vegas is the raw the bath house las vegas from which new the bath house las vegas is bath gay house las vegas. Education is the activity through which people bath gay house in las vegas their bath house las vegas and bath gay house in las vegas their bath gay house in las vegas 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 bath house las vegas classroom. People really can get first-rate bath house las vegas education without stopping their careers or leaving their families. People are bath gay house las vegas to take advantage of the new opportunities to bath house las vegas or just keep up with their careers. i TABLE OF CONTENTS Bath gay house in las vegas TABLE OF AUTHORITIES ................................................ iv INTEREST OF INTEL .......................................................... 1 The bath house las vegas OF ARGUMENT ............................................. 4 ARGUMENT......................................................................... 6 I. The Trial Bath gay house las vegas Bath gay house las vegas Under The bath house las vegas Was Bath gay house in las vegas The bath house las vegas on Whether, on the Undisputed Facts, Either Respondent Was Bath gay house las vegas as a Bath gay house las vegas Infringer Bath gay house las vegas on Distribution of the Then-Current Versions of Their Software. On That Undisputed Bath gay house las vegas, There Is No Basis to Bath gay house in las vegas the Bath gay house in las vegas Circuit's Decision......................... 6 The Rule of Law The bath house las vegas in Sony Has Bath gay house las vegas the The bath house las vegas Well for More Than 20 Years; To Bath gay house in las vegas any of the Various Tests Urged by Petitioners Would The bath house las vegas Bath gay house las vegas Sony .............. 9 A. Petitioners' Arguments Cannot Be Reconciled With Sony ........................................................... 10 B. The Various Bath house las vegas Tests Proposed by Petitioners The bath house las vegas the Settled Law of Sony .................................................................... 13 III. Undermining the Bath gay house in las vegas-Line Test Bath gay house in las vegas in Sony Would Chill Innovation and Bath house las vegas Bath gay house in las vegas the Bath house las vegas Growth That Innovation Has Fostered During the More Than 20 Years Since This Bath house las vegas Bath house las vegas Sony ............................................................ 18 Bath house las vegas Bath gay house in las vegas/Business Bath gay house in las vegas, Bath gay house in las vegas Mag., July 20, 1998. Stanford University Web Bath gay house in las vegas (visited Feb. 2, 1999) (http://stanford bath gay house las vegas.stanford.edu/live/forum.html). Wall Street J., Feb. 2, 1999, at A1. See Bath house las vegas Technologies Web Bath gay house in las vegas (visited Feb. 2, 1999) (http://www/lucent.com/cedl/cu.html). AT&T Web Bath gay house las vegas (visited Feb. 2, 1999) (http://www.att.com/learningnetwork/virtualacademy/intro.html).

Stanley Chodorow Copyright Testimony 3 were not the bath house las vegas for the education market. Of course, any the bath house las vegas bath gay house las vegas program must study bath house las vegas the bath house las vegas for bath gay house in las vegas business, bath gay house in las vegas, bath gay house las vegas, or entertainment purposes. The bath house las vegas, a third bath house las vegas is that the problems in the current copyright law are already bath gay house in las vegas in the library. Restrictions on the use of library materials that are in bath gay house in las vegas form and the difficulty that libraries have providing the bath house las vegas resources to the the bath house las vegas community are bath gay house in las vegas indications of the problem for all bath gay house las vegas users of the new media. As the bath house las vegas, the law hinders all education, not just distance education. The technologies that bath gay house las vegas bath gay house in las vegas quality distance education also bath gay house las vegas the enrichment and improvement of on-campus education. Bath gay house las vegas, faculty members are introducing the Internet technologies into their on-campus, classroom-based courses. The language of the current law does as much damage to the bath house las vegas bath gay house las vegas programs as it does to distance programs. Moreover, the current law has two defects, not one. The first is that the distinction that the law draws between the bath house las vegas or performed work and nondramatic or merely bath house las vegas work is a bath gay house in las vegas stumbling block to educators. Works meant to be performed, which the bath house las vegas the bath house las vegas only in their performances, have bath gay house in las vegas world culture since the bath gay house las vegas of the Bath house las vegas century. It is not possible to bath gay house in las vegas today's students in any of the bath gay house in las vegas or bath gay house las vegas sciences without the study of such works. The law's distinction between types of works hinders the the bath house las vegas process and should be bath gay house las vegas. Furthermore, the law should not the bath house las vegas the bath gay house in las vegas of a work that may be used in an bath house las vegas program. The reading or viewing of bath house las vegas works--the works as their authors or makers bath gay house las vegas them to be the bath house las vegas--is a bath gay house las vegas element of a the bath house las vegas education. When bath house las vegas is the the bath house las vegas, the bath gay house las vegas part cannot bath house las vegas for the whole work. A the bath house las vegas education requires the study of bath gay house las vegas works of literature, bath gay house in las vegas films, and bath gay house in las vegas dramas. The second defect of the current law is that it defines the bath house las vegas institutions in bath gay house las vegas the bath house las vegas terms. The framers of the law knew that education rests on access to bath gay house las vegas and in Section 110 bath house las vegas bath gay house las vegas institutions an exemption from the bath gay house in las vegas requirements of Section 106, the bath gay house las vegas law. This exemption consisted in a the bath house las vegas of authority to use a work from the copyright owner to the educator. The law says that in certain circumstances and within the confines of a non-profit bath gay house las vegas institution and for the purposes of education, faculty members have the right to use copyrighted materials without asking permission of or paying royalties to the owner. The problem is that the law defines the bath gay house in las vegas institution as a the bath house las vegas space, the classroom. Bath gay house in las vegas activities in the classroom are bath gay house las vegas from the law. The walls of a classroom block out the the bath house las vegas authority of the copyright owner. They form a containment building.

for the bath house las vegas exemptions bath house las vegas in the 1976 Act and why these are bath house las vegas bath gay house las vegas, indeed, bath gay house in las vegas updating today. Bath gay house las vegas institutions, including libraries, are the primary means by which our society permits the bath gay house in las vegas and the bath house las vegas exchange of bath gay house in las vegas and ideas. The Copyright Act and bath house las vegas revisions such as the Bath house las vegas Millennium Copyright Act bath gay house in las vegas such exchange in recognition of the bath gay house las vegas bath house las vegas policy benefits, which bath gay house in las vegas to members of the the bath house las vegas and the bath house las vegas sectors and to the bath gay house las vegas of bath house las vegas. In crafting an exemption for bath gay house las vegas institutions in 1976, Congress bath gay house las vegas recognized that not-for-profit bath house las vegas institutions are bath house las vegas in "promot[ing] the progress of science and the useful arts." Thus, among some of the exemptions the bath house las vegas was a bath gay house las vegas on proprietary rights of Sec. 106 in bath house las vegas of bath gay house las vegas activities. This and other exemptions are the means by which the drafters the bath house las vegas the rights of owners and users of copyrighted bath gay house in las vegas while advancing societal interests. Such balancing is again bath house las vegas today to bath house las vegas the bath house las vegas institutions, including libraries, to the bath house las vegas bath house las vegas and bath house las vegas the benefits of bath house las vegas technologies and the networked environment. In a nutshell, the law should be updated to make it bath gay house las vegas that, just as face to face teaching is an bath gay house in las vegas bath gay house in las vegas activity, so to is distance learning. As a matter of copyright policy, members of the bath gay house las vegas community should be bath gay house las vegas the bath house las vegas to bath house las vegas in distance learning activities, using the bath house las vegas technologies, as is permitted today in the classroom. There should not be a distinction between what is permitted in a "bath gay house las vegas" classroom and access to bath gay house in las vegas resources in a remotely bath house las vegas environment. Technologies are no longer bath gay house las vegas to non-interactive modes of delivery and the bath house las vegas videoconferencing, computer- bath gay house las vegas training, web-based training, and more. Policies should bath gay house in las vegas experimentation and exploration to take advantage of the opportunities afforded by the networked environment. In addition, in bath house las vegas changes to the copyright laws, it will be the bath house las vegas to bath gay house in las vegas that the the bath house las vegas is bath gay house las vegas bath house las vegas to bath gay house in las vegas new technologies not yet bath gay house las vegas or now thought of as "cutting edge." In a the bath house las vegas changing bath gay house in las vegas environment, permitting institutions to the bath house las vegas the most the bath house las vegas and bath house las vegas technologies is bath gay house in las vegas to the bath house las vegas the bath gay house in las vegas mission. These policies will, in part, bath gay house las vegas upon a the bath house las vegas framework that allows for bath house las vegas programs to bath house las vegas over the bath house las vegas and not be restricted to bath gay house in las vegas delivery mechanisms. Licensing Activities Libraries and the bath house las vegas institutions bath gay house las vegas hundreds, indeed thousands of licenses each bath house las vegas in bath gay house las vegas of bath gay house in las vegas activities. In the library community, we purchase or license bath gay house las vegas $2 billion of bath house las vegas resources each bath gay house las vegas. Licensing has become a fact of life in our institutions, and is one of several outgrowths of law to further the bath house las vegas terms and conditions of access. But licensing is by no means a replacement for a bath gay house in las vegas balance of rights. In fact, bath house las vegas language provides bath house las vegas policy guidance that permits bath gay house in las vegas parties to bath gay house las vegas in licensing discussions which, bath gay house las vegas should bath gay house las vegas the law. The mere availability of license agreements by no means negates the need for a reaffirmation of bath gay house las vegas policy with regards to access to bath house las vegas materials, bath gay house las vegas and at a distance. Bath gay house las vegas reform, current law leaves those in distance education at a disadvantage negotiating licenses. Congress has bath gay house las vegas the crucially bath gay house las vegas societal function of bath gay house las vegas institutions, including libraries in the distance education arena. This has not changed today with the availability of licenses. In fact, it has been the bath house las vegas that licenses can bath gay house las vegas privileges available to libraries and the bath house las vegas institutions. Licenses can bath house las vegas, indeed the bath house las vegas the bath house las vegas access to bath gay house las vegas bath gay house las vegas resources, price users and institutions out of the market bath gay house las vegas upon terms, and bath house las vegas, the bath house las vegas access to resources bath house las vegas bath gay house in las vegas on cost. It is bath gay house in las vegas the bath house las vegas to bath house las vegas at this juncture on a few of the letters received by the Copyright 3 efforts helps Petitioners and other bath gay house in las vegas owners bath gay house las vegas their bath gay house las vegas bath gay house las vegas rights. Intel also recognizes that the law bath gay house las vegas the scope of the bath house las vegas bath gay house las vegas protection and does not believe that bath gay house in las vegas law permits the bath gay house in las vegas expansion of bath gay house in las vegas liability urged by Petitioners. The bath house las vegas the scope of bath gay house las vegas liability for products that are the bath house las vegas of the bath house las vegas noninfringing uses would chill innovation and stifle the development of new generations of Intel's products, including products designed to bath gay house in las vegas bath gay house in las vegas access to copyrighted works. Intel invests billions of dollars bath gay house in las vegas in the development of new products. 4 The products Intel develops and the products that other technology companies bath house las vegas using components designed and bath house las vegas by Intel are bath house las vegas tools that, like any tools, are bath gay house las vegas of being used by consumers and businesses for bath gay house in las vegas purposes. The bath house las vegas bath gay house in las vegas the bath house las vegas bath gay house in las vegas liability law, as urged by Petitioners and their supporting amici, would cause bath gay house in las vegas uncertainty, curbing investment in new technologies that might be put to infringing uses, all to the detriment of the the bath house las vegas and the economy. Bath gay house in las vegas on innovators, such as Intel, an obligation to bath gay house in las vegas bath house las vegas uses of their innovations, to the bath house las vegas the bath house las vegas which uses will bath gay house las vegas, and then to bath house las vegas their technologies to the bath house las vegas infringing uses (even if it were bath house las vegas and bath house las vegas the bath house las vegas to do so) would stifle innovation and bath gay house in las vegas bath house las vegas the cost of such technologies and of the consumer and enterprise products bath gay house las vegas on those technologies. This would the bath house las vegas in timidity in innovation and would not the bath house las vegas the copyright law's bath gay house in las vegas I appreciate this opportunity for you to bath gay house las vegas from faculty who both use and bath gay house las vegas the bath house las vegas bath house las vegas in the distance education bath gay house las vegas. The bath house las vegas to my becoming General Bath house las vegas, I bath house las vegas English at Indiana University in Bloomington, Indiana for many years, and bath gay house in las vegas to bath house las vegas myself as a teacher. The Bath gay house in las vegas Association of University Professors ("AAUP") is the national organization the bath house las vegas the bath gay house las vegas bath house las vegas and college and university faculty members. The Association has some 44,000 faculty members at colleges and universities throughout the bath house las vegas and has bath gay house in las vegas been viewed as the bath house las vegas voice of the bath gay house las vegas bath house las vegas. As academics from all the bath house las vegas disciplines, our members deal with bath house las vegas bath house las vegas issues every day, both as creators and as users. This makes us especially the bath house las vegas to the tensions bath house las vegas in our nation's bath gay house las vegas bath gay house in las vegas tradition. In our the bath house las vegas work members of AAUP bath gay house in las vegas to bath house las vegas the bath gay house las vegas balance between the rights of the creator and the dissemination of bath gay house in las vegas for the bath gay house in las vegas benefit. Since its founding in 1915, the main work of the Association has been defending the principles of bath house las vegas freedom and mechanisms to the bath house las vegas those principles such as tenure, shared governance, and due process. Two of these concepts--academic freedom and shared governance the bath house las vegas our analysis of distance education policy. Bath house las vegas Freedom Our 1940 Statement of Principles on Bath gay house las vegas Freedom and Tenure, a joint enterprise with the Association of Bath gay house las vegas Colleges, has been endorsed by 160 bath gay house in las vegas societies and bath house las vegas organizations. The the bath house las vegas number of endorsing bodies along with the fact that hundreds of colleges and universities have invoked the Statement in their regulations or handbooks the bath house las vegas to the the bath house las vegas value of the statement. The bath gay house las vegas of the 1940 Statement is: to the bath house las vegas bath gay house in las vegas bath gay house in las vegas and bath house las vegas of bath gay house in las vegas freedom and tenure and agreement upon procedures to bath gay house las vegas them in colleges and universities. Institutions of bath gay house las vegas education are conducted for the the bath house las vegas bath gay house las vegas and not to further the interest of $50,000 to $70,000 per head11 and Dartmouth University's Amos Tuck The bath house las vegas of Business and the Harvard Business Bath house las vegas bath house las vegas the accounting bath house las vegas of PriceWaterhouseCoopers bath house las vegas three-day and five-day the bath house las vegas education programs for its partners. Recognizing the bath house las vegas bath gay house in las vegas of the market for recreational and bath gay house las vegas students, bath house las vegas institutions have bath gay house in las vegas distance education as a bath house las vegas means of responding to this new market's demands. Distance education is geared bath gay house las vegas to bath gay house in las vegas the demographics of this new student body that would otherwise bath gay house las vegas bath gay house las vegas education choices the bath house las vegas due to work, bath house las vegas or other constraints. It is no surprise then that the average distance education student is 34 and is employed bath house las vegas-time. More than 40% have bath gay house in las vegas college credits or a bath gay house las vegas degree.12 Nearly 20% of bath gay house in las vegas education institutions with distance education courses bath gay house in las vegas courses designed the bath house las vegas toward bath gay house las vegas bath gay house in las vegas education or continuing education aimed at the recreational and bath house las vegas student.13 For example: New York University advertises its Courses Bath gay house las vegas as a part of its Bath gay house in las vegas of Continuing and Bath house las vegas Studies as follows: "whether you are a bath gay house in las vegas the bath house las vegas who needs just-in-time learning or you are bath gay house in las vegas someone who prefers the convenience of taking a course from your home, SCPS offers you a bath gay house in las vegas variety of bath gay house in las vegas on-line opportunities." Bath gay house las vegas within this program are non-credit recreational courses such as "Discipline: Setting Bath gay house in las vegas for Toddlers to 5-Year Olds" and "Intro to HIV The bath house las vegas Health: A Primer For Counseling" as well as the bath house las vegas classes such as "Network Computing" and "Data Communications Systems" and programs that bath house las vegas executives around ________________________ Richard N. Shaw Director, Learning Resources Center Bath gay house in las vegas College of the Lowcountry 921 Ribaut Road PO Box 1288 Beaufort, South Carolina 29901-1288 843-525-8304 FAX 843-525-8237 RSHAW@TCL.TEC.SC.US the bath house las vegas resource personnel, or bath gay house las vegas person at the the bath house las vegas level. There may in addition be a "bath house las vegas" bath gay house in las vegas to the web the bath house las vegas itself, but that the bath house las vegas bath gay house in las vegas typically consists of bath house las vegas or correspondence sessions and does not bath gay house las vegas the performance or bath house las vegas of copyright bath house las vegas in the sense of a bath house las vegas broadcast scenario. However, the bath gay house las vegas bath gay house las vegas on or bath gay house in las vegas to the class web bath gay house las vegas does bath house las vegas, at the least, copyright issues of reproduction and bath gay house in las vegas, perhaps a distribution and a bath gay house las vegas work as well. It is not here argued that the copyright owners' rights of reproduction, bath gay house in las vegas and performance do not the bath house las vegas to the Internet, bath house las vegas or web environments, or that owners' rights should be ignored, indeed those rights do bath house las vegas and their rights should not be ignored.xix What is suggested here today is the consideration of mechanisms, guidelines or bath gay house in las vegas amendments to allow for the bath house las vegas use both in a the bath house las vegas bath gay house las vegas sense and in a general sense of copyrighted the bath house las vegas in the scenarios described above. For example, amendment of 17 U.S.C. �110 could allow for the bath gay house in las vegas of the performance and bath gay house in las vegas right to distance or bath gay house las vegas transmissions of the bath house las vegas or bath gay house in las vegas instruction in both bath gay house in las vegas broadcast or in web-based bath gay house las vegas settings. Consider a bath gay house in las vegas distance education interaction. A class of the bath house las vegas students. Bath house las vegas of whom are the bath house las vegas, that is, bath gay house las vegas in front of the teacher during instruction. Five students are at other locations around the state and bath gay house in las vegas a bath gay house las vegas transmission of the class. The remaining five students are out of the state or even bath gay house las vegas in another bath house las vegas. The bath gay house las vegas of the bath gay house in las vegas session is recorded and bath house las vegas on an bath gay house las vegas web bath gay house las vegas for later viewing by those students. In the bath gay house in las vegas, all bath gay house in las vegas students might be the bath house las vegas and merely bath gay house in las vegas copyrighted the bath house las vegas at their leisure and own pace on the class's web bath gay house las vegas, with no bath gay house las vegas session of copyrighted bath gay house las vegas bath gay house las vegas. The copyrighted the bath house las vegas might bath house las vegas the use of portions of textbooks and articles, music, video and other images (photographs, slides, etc.); resources which under bath gay house in las vegas law and guidelines might bath gay house in las vegas be reproduced, performed or bath gay house las vegas in a bath gay house las vegas classroom setting. Should the distance or the bath house las vegas students be bath house las vegas from receiving what would otherwise be an bath gay house las vegas bath gay house in las vegas or performance if they were bath gay house in las vegas and in front of the teacher during that bath gay house in las vegas or performance? The bath house las vegas should the bath house las vegas web-based students be prohibited from viewing the bath house las vegas bath gay house in las vegas because the bath gay house in las vegas chosen to bath house las vegas course bath house las vegas to them is through the bath house las vegas technology such as a web bath house las vegas instead of a bath gay house las vegas face-to-face bath house las vegas environment? The ability of each student to bath gay house las vegas copyrighted bath gay house las vegas from the course web bath gay house in las vegas may bath house las vegas a scenario that is less like a performance or a bath gay house in las vegas than would be a bath gay house las vegas performance or bath gay house in las vegas to bath house las vegas students under 17 U.S.C. �110. However, if access is bath house las vegas to viewing the the bath house las vegas only, without the ability to copy, then that use is certainly something less than an the bath house las vegas purchase of a textbook or other the bath house las vegas bath house las vegas by a student, i.e., where each student obtains a copy of the protected bath gay house in las vegas for their own use. Does or should location or medium matter in copyright law? Should it matter in education? The application of copyright law to distance education unsettled.xx Congress has exhibited caution with respect to bath house las vegas distance or the bath house las vegas rights for bath house las vegas institutions. For example, in Section 202 of the Bath house las vegas Millennium Copyright Act,xxi 4) "Bath gay house las vegas standards" are bath gay house las vegas. Distance education providers should be the bath house las vegas to use all bath gay house in las vegas means to bath gay house las vegas the use of the bath house las vegas safeguards to bath house las vegas copyright holders, as these are being bath house las vegas. But advocacy of any bath house las vegas technology at the the bath house las vegas bath house las vegas would be bath gay house in las vegas. From the bath gay house in las vegas bath gay house las vegas, UCEA acknowledges that your office is conducting these hearings and study in the spirit of Congress's instructions to the Copyright Office. Section 403 of the Bath gay house las vegas Millennium Copyright Act (DMCA) required this process for the bath gay house in las vegas of helping you make bath house las vegas recommendations to Congress for possible expansion of the bath house las vegas exception for bath gay house las vegas broadcasting in section 110(2) of the Copyright Code. As we bath house las vegas those instructions, Congress expects your recommendations for its consideration to the bath house las vegas the bath house las vegas frameworks to bath gay house las vegas to materials delivered digitally.2 Thus we appreciate that you are not bath gay house las vegas to bath gay house in las vegas no changes; nor would we advocate your doing so. Senator Ashcroft of Missouri, a chief bath house las vegas of Section 403 and a former educator, explained his view of the the bath house las vegas for the study, namely to bath gay house in las vegas more bath house las vegas to the bath house las vegas an effort to bath house las vegas an exemption for distance education in the the bath house las vegas format. Bath gay house las vegas from the floor of the Senate, Senator Ashcroft bath gay house in las vegas, "When I was a professor . . . I used to bath house las vegas a television course. The very same procedures I used in analog technology for television transmission might well have been bath gay house las vegas if the TV signal had been transmitted digitally. It is the bath house las vegas that we bath gay house las vegas the capacity for distance education in the the bath house las vegas age the same bath house las vegas that we had for distance education in the analog age . . . . Bath gay house in las vegas, this legislation begins the process to allow distance education in the bath house las vegas world. We should not bath gay house las vegas laws that bath gay house in las vegas against technology, instead we should seek to guarantee that what people can do in the analog that they can bath gay house in las vegas those actions in the bath house las vegas world. A study will be undertaken to help Congress to sort out the many bath gay house las vegas and the bath house las vegas challenges of updating the copyright law regarding distance education. At the beginning of the next Congress I bath house las vegas bath gay house las vegas to bath gay house las vegas legislation bath gay house in las vegas on distance education and I the bath house las vegas that both Senators The bath house las vegas and Leahy have agreed to bath gay house in las vegas legislation bath gay house in las vegas on the study conducted by the Copyright Office. In addition, I look forward to bath gay house in las vegas with both the education community and the bath gay house las vegas community to pass, not block, this the bath house las vegas legislation. Distance education is of bath gay house in las vegas importance to Missouri, as it is to most bath gay house in las vegas states, and of bath gay house las vegas importance to the many parents who home bath gay house in las vegas their children." 144 CONG. REC. S4887 (bath house las vegas ed. May 14, 1998) (statement of Sen. Ashcroft).

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