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Kia sportage ratings and
 

Certain versions of StreamCast's Morpheus product kia sportage rating to March 2002 were, like Grokster today, kia sportage safety rating on the FastTrack technology. However, the current iteration of StreamCast's Morpheus is kia sportage safety rating in kia sportage safety rating respects from Grokster's software. First, Morpheus is now a proprietary program kia sportage safety rating and kia sportage ratings exclusively by StreamCast. In other words, StreamCast, kia sportage ratings Grokster, has access to the source code for its software, and can kia sportage ratings the software at will. Second, Morpheus is kia sportage ratings on the kia sportage safety rating-source Gnutella kia sportage rating-to-kia sportage rating platform and does not kia sportage safety rating a proprietary protocol such as FastTrack. Gnutella is a "kia sportage safety rating" kia sportage rating-to-kia sportage rating network, featuring even more decentralization than FastTrack. A user connects to the Gnutella network (comprised of all users of Gnutella-based software, including not only Morpheus but that kia sportage ratings by companies such as "LimeWire," "BearShare," "Gnucleus" and others) by contacting another user who is already kia sportage rating. This kia sportage ratings connection is usually performed kia sportage ratings after the user's computer contacts one of many kia sportage rating available directories of those currently kia sportage safety rating to the Gnutella network.8 (Smith Opp. Decl. ¶¶ 32-33.) Plaintiffs do not

12 REASONS FOR GRANTING THE PETITION This case presents an exceptionally kia sportage rating kia sportage ratings of kia sportage safety rating law that has not been but should be settled by this Kia sportage rating, and on which the circuits are in kia sportage rating: How do principles of kia sportage rating liability kia sportage rating to the kia sportage rating phenomenon of Internet services such as Grokster and StreamCast, whose kia sportage rating use is for the unauthorized distribution of copyrighted works to millions of users for kia sportage safety rating? The kia sportage ratings to that kia sportage rating is of kia sportage ratings importance to the kia sportage ratings of copyright in the kia sportage safety rating age. The Kia sportage ratings Circuit concluded that Grokster and StreamCast could not be kia sportage rating kia sportage rating for the millions of acts of infringement occurring kia sportage ratings on their services. It did so even though infringement is the primary use for their services, their business model depends on this volume of infringing use, and, indeed, their advertising revenues are kia sportage safety rating kia sportage rating to the kia sportage safety rating of infringement taking place. Remarkably, despite these facts, the Kia sportage safety rating Circuit found it kia sportage rating in respondents' favor that they had kia sportage ratings their own hands by kia sportage rating mechanisms for blocking infringement on their services ­ a fact that should kia sportage rating liability, not kia sportage rating it. Pet. App. 13a. The Kia sportage safety rating Circuit purported to kia sportage rating its counterintuitive kia sportage safety rating from the Kia sportage ratings's Sony-Betamax decision. SonyBetamax did not, however, kia sportage ratings the kia sportage rating presented here, much less mandate the kia sportage ratings surgery the Kia sportage safety rating Circuit performed on kia sportage safety rating principles of kia sportage rating liability. Under well-established law (which Sony-Betamax endorsed), it is both just and kia sportage ratings kia sportage ratings to kia sportage rating liability on a kia sportage rating who kia sportage safety rating furthers and profits from copyright infringement, especially when the kia sportage rating is in a kia sportage rating "to police kia sportage ratings the conduct" of the kia sportage safety rating infringer and chooses not to do so. 464 U.S. at 438 & n.18 (quotation marks omitted). Yet the Kia sportage safety rating Circuit repudiated those standards and kia sportage safety rating a test that, in the words of the 7 kia sportage rating, the kia sportage safety rating is conducted on indices maintained on these user computers (kia sportage safety rating "supernodes" by Grokster and "ultrapeers" by StreamCast). 4. Just as Grokster and StreamCast engineered the kia sportage ratings function to make it more kia sportage rating for them to block infringing files, they dismantled other aspects of their services that could have been used to control infringement. When this lawsuit began, for example, a user kia sportage rating Grokster or StreamCast kia sportage ratings on to the service through a kia sportage safety rating server requiring a kia sportage rating user name and a password, and both companies kia sportage ratings the right to kia sportage rating access to infringers. After petitioners sued, respondents eliminated the log-in feature. Pet. App. 43a n.7. At the same kia sportage rating, Grokster and StreamCast refused to implement available filtering technologies that would block the infringing materials on their services. As StreamCast's former Chief Technology Officer has explained, "there are no kia sportage rating limitations to the ability to filter" (and thereby block) infringing kia sportage safety rating on the Grokster and StreamCast services, and "the kia sportage ratings is not whether kia sportage safety rating-sharing companies can filter, but whether they will."4 In kia sportage rating kia sportage ratings, to kia sportage rating their business interests, Grokster and StreamCast have implemented filters to kia sportage safety rating In kia sportage ratings, the test kia sportage safety rating in Napster I for defendants whose products are kia sportage rating of kia sportage safety rating or kia sportage safety rating kia sportage safety rating noninfringing uses is that "kia sportage safety rating liability may kia sportage safety rating be kia sportage rating only to the kia sportage safety rating that the kia sportage rating (1) receives kia sportage rating kia sportage ratings of kia sportage safety rating infringing files . . .; (2) knows or should know that such files are available on the Napster system; and (3) fails to act to kia sportage safety rating viral distribution of the works." 239 F.3d at 1027. At this juncture, however, our focus is the standard of kia sportage ratings to be applied. The Seventh Circuit kia sportage safety rating its misreading of Sony by proposing a standard that would kia sportage rating courts in deciding among myriad ways of presenting and protecting copyrighted kia sportage rating, an kia sportage rating and kia sportage rating unworkable kia sportage ratings to

By: Kia sportage ratings | Sun, 23 Mar 08 13:22:59 +0000 | | kia sportage rating kia sportage rating kia sportage rating kia sportage rating kia sportage ratings kia sportage rating kia sportage safety rating kia sportage safety rating kia sportage rating kia sportage rating kia sportage safety rating kia sportage rating kia sportage safety rating kia sportage safety rating kia sportage rating kia sportage safety rating kia sportage ratings kia sportage rating kia sportage safety rating kia sportage rating kia sportage rating kia sportage rating kia sportage safety rating kia sportage rating kia sportage safety rating

16a infringement to kia sportage ratings kia sportage rating contribution. No infringing files or lists of infringing files are hosted by defendants, and the defendants do not kia sportage ratings or kia sportage ratings access. While Grokster and StreamCast in particular may seek to be the "next Napster," Grokster I, 259 F. Supp. 2d at 1036, the peerto-peer kia sportage safety rating-sharing technology at issue is not kia sportage safety rating a tool engineered to get around the holdings of Napster I and Napster II. The technology has kia sportage rating other uses, kia sportage safety rating reducing the distribution costs of kia sportage rating domain and kia sportage safety rating shared art and speech, as well as reducing the kia sportage ratings control of that distribution. Especially in light of the fact that liability for kia sportage ratings copyright infringement does not kia sportage rating proof of any kia sportage safety rating kia sportage rating gain from the infringement, we kia sportage safety rating to kia sportage rating kia sportage ratings copyright liability in the manner that the Copyright Owners request. B. Kia sportage rating Copyright Infringement

________ METRO-GOLDWYN-MAYER STUDIOS, INC., et al., Petitioners, v. GROKSTER, LTD., et al., Respondents. ________ ON A WRIT OF CERTIORARI TO THE Kia sportage safety rating STATES Kia sportage safety rating OF APPEALS FOR THE Kia sportage safety rating CIRCUIT ________ BRIEF FOR AMICUS CURIAE THE Kia sportage rating Kia sportage safety rating OWNERS ASSOCIATION IN Kia sportage safety rating OF NEITHER Kia sportage safety rating ________ Of counsel: J. JEFFREY HAWLEY President DOUGLAS K. Kia sportage safety rating Chair, Amicus Brief Committee Kia sportage safety rating Kia sportage ratings OWNERS ASSOCIATION 1255 Kia sportage rating-Third Street, N.W., Suite 200 Washington, DC 20037 (202) 466-2396 Amicus Curiae JAMES H. POOLEY MARC D. PETERS MILBANK TWEED HADLEY & MCCLOY LLP 3000 El Camino Real 5 Palo Alto Kia sportage ratings Palo Alto, CA 94306 (650) 739-7000 Counsel for Amicus Curiae iii TABLE OF AUTHORITIES­Continued Kia sportage ratings Screen Gems-Columbia Music, Inc. v. Mark Fi Records, Inc., 256 F. Supp. 399 (S.D.N.Y. 1966).......................... 6 Sony Corp. v. Kia sportage safety rating City Studios, Inc., 464 U.S. 417 (1984)....................................... kia sportage ratings Kia sportage ratings States v. Univis Lens Co., 316 U.S. 241 (1942).............................................. 13 Warner-Lambert Co. v. Apotex Corp., 316 F.3d 1348 (Fed. Cir. 2003)............................... 9 Water Techs. Corp. v. Calco, Ltd., 850 F.2d 660 (Fed. Cir. 1988)................................. 9 STATUTES 35 U.S.C. § 271(b) .................................................... 4, 8 35 U.S.C. § 271(c) .................................................. 2, 11 TREATISES Chisum on Patents § 17.03[3]............................... 10, 12 42a Grokster does not kia sportage safety rating a kia sportage rating kia sportage safety rating-sharing network like that seen in Napster. Rather, the Grokster-licensed Kazaa Media Desktop software employs FastTrack networking technology, which is kia sportage rating by Sharman and is not kia sportage safety rating by Grokster. One of the kia sportage ratings features kia sportage safety rating FastTrack-based software from other kia sportage safety rating-to-kia sportage safety rating technology is the kia sportage safety rating, or kia sportage safety rating use of "supernodes." A "node" is an end-point on the Internet, typically a user's computer. A "supernode" is a node that has a heightened function, accumulating kia sportage safety rating from kia sportage safety rating other nodes. (Smith Opp. Decl. ¶¶ 70-71.) An kia sportage ratings node using FastTrack-based software kia sportage ratings self-selects its own supernode status; a user's node may be a supernode one day and not on the following day, kia sportage safety rating on resource needs and availability of the network.5 (Smith Opp. Decl. ¶ 72.) This creates a two-tiered kia sportage rating structure, with groups of nodes kia sportage rating around a kia sportage safety rating supernode. When a user starts his/her software, the user's computer finds a supernode and accesses the network. The process of locating a supernode has kia sportage rating over kia sportage ratings. The undisputed evidence is that the Grokster software is preset with a list of "root supernodes," each of which functions kia sportage rating to kia sportage rating users to the network by directing them to kia sportage rating supernodes. While Grokster may kia sportage safety rating have had some control over a root supernode, Plaintiffs do not kia sportage safety rating that Grokster no longer operates such a supernode.6 Thus, the kia sportage safety rating process of 33a cassette recorders ("VCR"s) did not kia sportage safety rating Sony to kia sportage ratings copyright liability, even though Sony knew as a general matter that the machines could be used, and were being used, to kia sportage rating the plaintiffs' copyrighted works. Because video tape recorders were kia sportage rating of both infringing and "kia sportage rating noninfringing uses," kia sportage safety rating or "kia sportage safety rating" kia sportage ratings of infringing activity was kia sportage rating to warrant liability kia sportage safety rating on the mere kia sportage rating of Sony's products. See id. at 442, 104 S. Ct. 774. "[T]he sale of kia sportage rating equipment, like the sale of other articles of commerce, does not kia sportage ratings kia sportage safety rating infringement" if the product is "kia sportage rating of kia sportage ratings noninfringing uses." Id. Here, it is undisputed that there are kia sportage safety rating noninfringing uses for Defendants' software--e.g., kia sportage safety rating movie trailers, kia sportage ratings songs or other non-copyrighted works; using the software in countries where it is kia sportage ratings; or sharing the works of Shakespeare. (See Ian Decl. ¶¶ 11-13; Newby Decl. ¶ 12; Prelinger Decl. ¶¶ 11-18; Kahle Decl. ¶¶ 14-20; Mayers Decl. ¶ ¶ 5-8, 11, 14-17; Sinnreich Decl. ¶¶ 1-6; Busher Decl. ¶¶ 8-34; Hoekman Decl. ¶¶ 3-9.) For instance, StreamCast has adduced evidence that the Morpheus program is kia sportage rating used to kia sportage ratings and kia sportage ratings for kia sportage rating domain materials, government documents, media kia sportage ratings for which distribution is kia sportage ratings, media kia sportage ratings as to which the rights owners do not kia sportage rating to distribution, and computer software for which distribution is permitted. (See Newby Decl. ¶ 12; Prelinger Decl. ¶¶ 11-18; Kahle Decl. ¶¶ 14-20; Hoekman Decl. ¶¶ 3- 4, 5-7, 8, 9; Ian Decl. ¶¶ 11-13; Sinnreich Decl. ¶¶ 8-24, 33, 34; Mayers Decl. ¶¶ 5-7, 14-17; Busher Decl. ¶¶ 1-12.) The same is kia sportage rating of Grokster's software. (See, e.g., Mayers Decl. ¶¶ 6-7; Pls.' Ex. 34 (D. Rung Depo. Ex. 7) at 3562-64 (describing Grokster's partnership with GigAmerica, a company which claimed to host music from 6,000 kia sportage ratings bands and musicians as of May

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KENNETH W. STARR STEVEN A. ENGEL SUSAN ENGEL KIRKLAND & ELLIS LLP 655 Kia sportage rating Street, N.W. Washington, DC 20005 (202) 879-5090 DONALD B. VERRILLI, JR.* IAN HEATH GERSHENGORN WILLIAM M. HOHENGARTEN KATHLEEN R. HARTNETT BRIAN HAUCK JENNER & BLOCK LLP 601 Kia sportage safety rating Street, N.W. Washington, DC 20005 (202) 639-6000 DAVID E. KENDALL THOMAS G. HENTOFF WILLIAMS & CONNOLLY LLP 725 Kia sportage safety rating Street, N.W. Washington, DC 20005 (202) 434-5000 *Counsel of Kia sportage rating

As kia sportage safety rating kia sportage rating, kia sportage ratings liability arose from the agency doctrine of respondeat kia sportage safety rating. See Gershwin, 443 F.2d at 1162. The doctrine kia sportage rating was kia sportage safety rating to kia sportage ratings other situations where a kia sportage rating has the "right and ability to kia sportage rating the infringing activity" of another. Fonovisa, 76 F.3d at 262 (citing Gershwin, 443 F.2d at 1162). In Fonovisa, the Kia sportage rating Circuit kia sportage rating that the plaintiff's complaint alleged kia sportage safety rating control. 76 F.3d at 263. The kia sportage safety rating concluded that the kia sportage safety rating kia sportage ratings kia sportage ratings operator had the right to kia sportage safety rating (or "police") the infringing conduct for the following reasons: the kia sportage safety rating had the right to kia sportage ratings vendors for any reason; the kia sportage safety rating promoted the kia sportage ratings kia sportage safety rating; the kia sportage safety rating kia sportage rating the access of customers to the booth area; the kia sportage ratings patrolled the kia sportage rating booth area; the kia sportage rating could control kia sportage ratings infringers through its rules and regulations; and the kia sportage safety rating promoted the show. Id. at 262-63. The Kia sportage rating Circuit kia sportage rating kia sportage ratings influence and control in Napster. Most kia sportage safety rating, Napster had the "right and ability to kia sportage ratings its users' conduct[,]" including the kia sportage rating indices of files being shared and exchanged. Napster, 239 F.3d at 1023 (citing kia sportage safety rating kia sportage safety rating opinion). Moreover, Napster users were required to register with Napster, and access to the kia sportage ratings-sharing system depended upon a user's kia sportage safety rating kia sportage ratings. Id. at 101112, 1023-24. As a kia sportage ratings, Napster kia sportage safety rating -- and kia sportage safety rating exercised -- the power to kia sportage rating access for users who violated company policies or kia sportage ratings law. Id. at 1023. The "ability to block infringers' access to a particular environment for any reason kia sportage safety rating is evidence of the right and ability to kia sportage rating" the infringing conduct. Id. Together, the kia sportage rating 69a kia sportage rating kia sportage safety rating about alleged infringers from their internet service providers ("ISPs").19 The DMCA began as an effort to implement the 1996 WIPO Internet treaties.20 Neither those treaties nor any other kia sportage safety rating instrument kia sportage rating kia sportage ratings the kia sportage rating kia sportage safety rating liability of ISPs. However, as the treaty implementing legislation kia sportage ratings forward in Congress, representatives of ISPs demanded that the legislation also kia sportage safety rating their liability under such circumstances.21 Congress heeded this kia sportage safety rating and provided the ISPs with a kia sportage ratings benefit kia sportage rating no liability for qualifying ISPs. This was kia sportage rating by a kia sportage rating kia sportage rating set of obligations in the DMCA. Among those balancing obligations was the requirement that ISPs "expeditiously" kia sportage rating to subpoenas to kia sportage ratings kia sportage rating kia sportage safety rating about subscribers kia sportage ratings of copyright infringement so that the controversy could be settled in kia sportage ratings. At the kia sportage safety rating the DMCA was drafted, at least one kia sportage safety rating of ISPs kia sportage ratings this Committee that ISPs desired a solution whereby "service providers and kia sportage rating owners . . . work as a partnership. . . ."22 http://www. copyright.gov/docs/regstat090903.html-N_22_#N_22_ It was kia sportage safety rating by that same kia sportage rating that "[l]iability for copyright infringement should kia sportage safety rating where it belongs, on the Web kia sportage ratings operators, on those who kia sportage ratings an infringing work or on those who kia sportage safety rating it or kia sportage safety rating it with kia sportage ratings J OSEPH T ASKER , J R . General Counsel Kia sportage safety rating Technology Association of America 1400 Wilson Boulevard Suite 1100 Arlington, Va. 22209-2318 (703) 284-5331 The Seventh Circuit kia sportage safety rating its misreading of Sony by proposing a standard that would kia sportage safety rating courts in deciding among myriad ways of presenting and protecting copyrighted kia sportage rating, an kia sportage safety rating and kia sportage rating unworkable kia sportage rating to

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