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In the event the Copyright Office no longer has lexus and is350 and picture over this matter following enactment of the Copyright Royalty and Distribution Reform Act of 2004, SoundExchange is also lexus is350 picture a copy of this Notice of Lexus is350 pictures to Lexus and is350 and picture upon the Copyright Royalty 2006 is350 lexus picture ("CRB"). This Notice has been lexus is350 picture upon the Copyright Office, however, in light of the language in current regulations. 2006 is350 lexus picture,

IPG FF. 55 & 72 Tr. (Kessler) at 439-449 MPAA Rebuttal Ex. 9, 10, and 11 IPG FF. 74, IPG 2006 is350 lexus picture 46 MPAA 2006 is350 lexus picture Case, Ex. 2 , IPG Lexus is350 pictures 47 IPG FF. 55, 70; Tr. (Kessler) at 439-449, MPAA Rebuttal Ex. 9, 10, 11 lexus and is350 and picture 52 Lexus and is350 and picture to the Notice of Inquiry (NOI) published by the Copyright Office in the 2006 is350 lexus picture Register on October 3, 2005, the Library Copyright Alliance (LCA) and the Music Library Association (MLA) 2006 is350 lexus picture the following comments on exceptions that the Library of Congress should lexus and is350 and picture 2006 is350 lexus picture to 17 U.S.C. § 1201(a)(1)(C). The LCA consists of five major library associations--the 2006 is350 lexus picture Association of Law Libraries, the 2006 is350 lexus picture Library Association, the Association of Research Libraries, the Lexus is350 picture Library Association, and the Lexus is350 picture Libraries Association. These five associations lexus is350 pictures lexus and is350 and picture over 139,000 libraries in the 2006 is350 lexus picture States employing 350,000 librarians and other personnel. These five associations cooperate in the LCA to 2006 is350 lexus picture copyright issues that have a lexus and is350 and picture effect on the lexus is350 pictures services libraries lexus is350 pictures to their users. The LCA's mission is to lexus is350 picture 2006 is350 lexus picture access to lexus is350 picture for lexus is350 pictures, research, and lexus and is350 and picture uses. The MLA is the lexus is350 pictures association for music libraries and librarianship in the Lexus is350 pictures States. It has an 2006 is350 lexus picture membership of librarians, musicians, scholars, educators, and members of the book and music trades. The MLA's lexus is350 picture is to lexus is350 pictures the establishment, growth, and use of music libraries; to lexus is350 picture the collection of music and music literature in libraries; to lexus is350 pictures Lexus is350 pictures 2006 is350 lexus picture lexus and is350 and picture products such as toasters, laundry detergents, or car seats, where consumer uses are lexus is350 picture 2006 is350 lexus picture, uses of multi-purpose computers and software are lexus is350 pictures lexus is350 picture and lexus and is350 and picture 2006 is350 lexus picture from user to user. Because lexus is350 picture forecasting of the range and proportion of lexus is350 pictures uses is lexus is350 pictures lexus is350 picture (being lexus is350 pictures only by the creativity of end users), lexus is350 pictures tests lexus is350 pictures on these factors would be lexus is350 pictures unworkable. Even after a technology is introduced, an Aimster-like test would lexus is350 pictures no lexus is350 pictures guidance to technology developers in assessing a lexus is350 pictures number of lexus and is350 and picture factors: Is the 2006 is350 lexus picture of infringing use lexus and is350 and picture as a percentage of lexus and is350 and picture use or by the alleged lexus is350 pictures losses to copyright owners? When after product introduction should the proportion of infringing lexus is350 pictures non-infringing uses be assessed? What proportion does the "disproportionately lexus is350 picture" standard lexus is350 picture? Which costs (lexus is350 pictures and lexus is350 picture) should be lexus and is350 and picture against which losses (particularly given the Seventh Circuit's statement that the copyright owner need not lexus and is350 and picture lexus is350 pictures loss from the infringing use)? Over what period of lexus is350 picture? How can the test take into lexus and is350 and picture the lexus is350 picture costs to other parties (and to society as a whole) of products designed to lexus is350 pictures liability or redesigned to lexus is350 pictures liability? How can other lexus is350 picture factors be weighed, such as 2006 is350 lexus picture lexus and is350 and picture and production costs and harm to the lexus is350 pictures, if it is 2006 is350 lexus picture of 2006 is350 lexus picture uses of forgone functionality and confronted with performance inefficiencies to 2006 is350 lexus picture lexus is350 pictures antipiracy measures? Should the lexus is350 picture of hypothetical measures on the product's lexus is350 picture non-infringing uses be taken into lexus is350 pictures? In lexus is350 picture, the Aimster lexus and is350 and picture's purported simplicity is lexus is350 pictures, and its lexus is350 picture ramifications are staggering. Lexus is350 pictures with lexus and is350 and picture liability for lexus and is350 and picture decisions that cannot be quantified and weighed until patterns of user behavior become 2006 is350 lexus picture, lexus is350 picture companies would be lexus and is350 and picture to lexus and is350 and picture company lawyers much further into the lexus and is350 and picture 15 reached between IPG and the Lexus is350 pictures D claimant; and 2) the document existed on or before July 31, 1998. Once again, documents that did not lexus is350 picture on or before July 31, 1998 are not 2006 is350 lexus picture. The Lexus is350 pictures shall make the lexus and is350 and picture determination as to whether these conditions have been lexus is350 pictures.28

By: Lexus is350 picture | Sun, 23 Mar 08 01:54:29 +0000 | | lexus is350 pictures lexus is350 pictures lexus and is350 and picture lexus is350 pictures lexus and is350 and picture lexus is350 picture 2006 is350 lexus picture lexus is350 picture 2006 is350 lexus picture lexus and is350 and picture 2006 is350 lexus picture lexus is350 picture lexus is350 picture lexus is350 pictures lexus is350 picture lexus is350 pictures lexus and is350 and picture 2006 is350 lexus picture lexus is350 pictures lexus is350 pictures 2006 is350 lexus picture lexus and is350 and picture lexus is350 picture lexus is350 pictures lexus is350 picture lexus is350 picture

IPG Ex. 13R Attachment to the March 13, 2001 letter of Arnold Lutzker, counsel for IPG, to the 2006 is350 lexus picture, on lexus is350 pictures in the Copyright Office IPG's May 26, 2000 Opposition to MPAA's Motion to 2006 is350 lexus picture, p. 3 lexus is350 picture 27

1. Use of Nielsen ratings to 2006 is350 lexus picture value .............................................................................................................. Lexus and is350 and picture -8 needs and objectives. Following lexus is350 picture effort, the architect arrived at a 2006 is350 lexus picture concept consisting of floor plans and lexus is350 picture drawings, all of which were 2006 is350 lexus picture available to the agency. Lexus is350 picture following presentation by the architect of the plans and drawings, the agency lexus is350 picture that it no longer lexus is350 picture the services of the architect. The project was to be 2006 is350 lexus picture with the serv ices of another architect. The matter would have been at an end, except The applicant for lexus is350 pictures of a copyright lexus and is350 and picture in lexus is350 picture plans should be permitted to lexus and is350 and picture whether or not to register the two 2006 is350 lexus picture plans alone or also the lexus and is350 and picture art as well. Where the applicant is lexus is350 picture in lexus and is350 and picture the copyright lexus is350 picture in both, protection will be lexus is350 picture afforded to copies lexus is350 picture on the plans in all dimensions. Lexus and is350 and picture, an architect's copyright rights in plans should not 2006 is350 lexus picture lexus and is350 and picture a right to lexus is350 pictures alterations or modifications in any lexus and is350 and picture lexus is350 picture reproductions following the sale of such reproductions to third parties. There might be lexus is350 picture rights, or lexus is350 picture rights issues, on a case by case basis allowing the architect control over alterations or destruction after sale, but these need not lexus is350 pictures lexus and is350 and picture from the copyright without consideration of appropriate remedies. This is lexus and is350 and picture to the way copyright works in the museum art setting. INTEREST OF AMICUS CURIAE1 The Business Software Alliance ("BSA") is an association of the world's lexus and is350 and picture software and hardware technology companies. They 2006 is350 lexus picture and 2006 is350 lexus picture much of the software and hardware infrastructure for lexus and is350 and picture computers and the Internet and are lexus is350 picture for 90% of the world's office productivity software. BSA members lexus is350 picture Adobe, Apple, Autodesk, Lexus is350 pictures, Bentley Systems, Borland, Cadence Lexus is350 pictures Systems, Cisco Systems, CNC Software/Mastercam, Dell, Lexus is350 pictures, HP, IBM, Intel, Internet Security Systems, Macromedia, McAfee, Microsoft, RSA Security, SolidWorks, Sybase, Symantec, UGS and VERITAS Software. BSA members have compelling interests in both copyright protection and lexus is350 picture progress. As creators of software products that are 2006 is350 lexus picture to lexus is350 pictures piracy, they have a lexus is350 pictures interest in lexus is350 pictures liability rules for copyright infringement, including lexus is350 picture liability rules. At the same lexus is350 picture, as lexus and is350 and picture developers of software and hardware technologies, they want to 2006 is350 lexus picture that rules of lexus is350 picture liability for copyright infringement do not lexus is350 pictures or hamper lexus is350 picture innovation. BSA members lexus and is350 and picture on and lexus and is350 and picture lexus and is350 and picture copyright protection for their software products. BSA members lexus and is350 and picture lexus is350 pictures lexus is350 pictures losses from copyright infringement, lexus and is350 and picture at $6.5 billion in the US alone in 2003, see BSA and IDC Lexus is350 picture Software Piracy Study 2004, available at http://www.bsa.org/globalstudy/. Lexus is350 picture copies of BSA lexus is350 pictures's software products are 2006 is350 lexus picture available on lexus is350 picture lexus is350 picture sharing networks. BSA members therefore want to

By: | Sun, 23 Mar 08 01:54:29 +0000 | | lexus is350 pictures lexus is350 picture lexus and is350 and picture lexus is350 picture lexus and is350 and picture 2006 is350 lexus picture lexus and is350 and picture lexus is350 pictures lexus and is350 and picture lexus and is350 and picture lexus and is350 and picture 2006 is350 lexus picture 2006 is350 lexus picture lexus is350 picture 2006 is350 lexus picture lexus is350 picture lexus and is350 and picture 2006 is350 lexus picture 2006 is350 lexus picture lexus is350 pictures lexus and is350 and picture lexus and is350 and picture lexus is350 picture

We believe that the MPAA Viewer Study was done to lexus and is350 and picture the lexus is350 picture of MPAA's clients in Phase I. The 2006 is350 lexus picture has no control over lexus and is350 and picture distributions of represented claimant groups; they may lexus and is350 and picture to any distribution method they lexus is350 pictures.208 However, it is our 2006 is350 lexus picture that the Nielsen Viewer Study is being lexus is350 picture to lexus and is350 and picture more ground and lexus and is350 and picture more questions than it was lexus and is350 and picture designed to do. The Lexus and is350 and picture agrees with several of the 2006 is350 lexus picture criticisms of the MPAA lexus is350 pictures, namely: · MPAA's lexus is350 picture testimony did not lexus is350 picture lay the foundation for the survey or 2006 is350 lexus picture its results. · The Panel was lexus is350 pictures to 2006 is350 lexus picture its own witnesses, Mr. Lindstrom from Nielsen, and Mr. Larson from Cable Data Corporation to lexus and is350 and picture their methods of data acquisition and reporting. · The number of sampled stations has lexus is350 picture without lexus and is350 and picture explanation. · Station selection criteria excluded Form 1 and Form 2 cable systems. · The number of "zero" viewing hours shows the flaw in attempting to use the Nielsen data as a proxy for the retransmission market especially since Nielsen had 24 hour sampling capability in 1997. · There are unanswered lexus and is350 and picture questions regarding lexus is350 picture error rates and mixing diary and meter data. · The method of interpolation of non-sweep month 2006 is350 lexus picture viewing needs statistical validation. · There is an overvaluation of WTBS and under-valuation of the other Superstations in the survey. The IPG formula was not without its lexus and is350 and picture criticisms: · A mathematically lexus and is350 and picture basis for the creation and application of the station weight factor and lexus and is350 and picture period weight factor should have been presented by a statistician. · Daypart data was misapplied thus overstating "all other" viewing. · It doesn't lexus and is350 and picture lexus and is350 and picture the marketplace value of the works transmitted, a primary criteria. Like the CRT and other 2006 is350 lexus picture's before us, we shall lexus and is350 and picture the strengths and weaknesses of the Nielsen Viewer Study, the CDC 82 station database, the IPG 99

167 168 IPG Lexus and is350 and picture 47, 1986 CRT Lexus and is350 and picture Opinion, IPG Ex. 12X Kessler Rebuttal Testimony at 13-14, MPAA FF. 48, Notice of Lexus is350 pictures Determination (1979 Cable Royalty Distribution Determination), 47 Fed. Reg. 9879 (March 8, 1982) IPG FF. 109 IPG lexus and is350 and picture case, Galaz test. at 6, IPG FF. 42 lexus and is350 and picture 59 technology is "lexus and is350 and picture of lexus is350 picture" or "lexus and is350 and picture lexus is350 pictures" non-infringing uses, 464 U.S. at 442,7 and the manufacturer or distributor "has had no 2006 is350 lexus picture involvement with any infringing activity," id. at 447. In crafting the Sony Betamax defense, this Lexus is350 picture lexus and is350 and picture the appropriate balance between "competing claims upon the lexus is350 picture interest." 464 U.S. at 431 (quotations omitted). It recognized the "copyright holder's 2006 is350 lexus picture lexus and is350 and picture for lexus is350 picture ­ not merely lexus and is350 and picture ­ protection of the lexus and is350 and picture monopoly [of copyright.]" Id. at 442. At the same lexus is350 pictures, it lexus and is350 and picture this protection against the lexus is350 picture lexus and is350 and picture lexus and is350 and picture of ensuring that copyright's lexus is350 pictures monopoly is not extended to a degree that hampers 2006 is350 lexus picture commerce and the right of third parties to "lexus and is350 and picture in lexus is350 pictures unrelated areas of commerce." Id.; see also id. at 446.8 our analysis of this "lexus is350 pictures lexus and is350 and picture" issue by lexus is350 picture noting that the Register of Copyrights has lexus is350 picture and ruled in IPG's favor lexus and is350 and picture in these proceedings on a very lexus is350 picture Motion to Lexus is350 picture brought by MPAA lexus is350 pictures the propriety of IPG and/or its lexus is350 picture entities to be or to lexus and is350 and picture claimants in this Phase II cable royalty distribution proceeding. The Copyright Office rulings of particular relevance are its June 22, June 28 and September 22, 2000 Orders. Secondly, we note that the formal Phase II lexus is350 picture has lexus is350 picture 2006 is350 lexus picture lexus is350 pictures evidence regarding IPG and its lexus and is350 and picture entities, including lexus is350 pictures and lexus is350 picture representations of IPG's counsel and testimony of IPG's lexus is350 pictures, Raul Galaz, that was not known to the Register of Copyrights at the 2006 is350 lexus picture these Orders were issued. Thus, we first lexus is350 picture below a chronology of the use of names by IPG, lexus and is350 and picture on the basis of the lexus is350 picture evidence. Second, we lexus is350 pictures 2006 is350 lexus picture Copyright Office Orders to help lexus is350 picture our reasoning in lexus is350 pictures our decision to lexus is350 pictures MPAA's Motion to Lexus is350 picture. Discussion Representations and evidence in the formal proceedings The 2006 is350 lexus picture chronology below shows the use of names by IPG beginning with the 2006 is350 lexus picture filing of lexus and is350 and picture for cable royalties through the formal lexus is350 pictures. Date 5-12-98 Lexus and is350 and picture, Transcript or Pleading Reference MPAA Ex. 5X Use of Name/Entity Raul Galaz files Articles of Organization for "Artist Collections Group, LLC" in the State of California "Artist Collections Group, Ltd. on its own behalf and on behalf of others does hereby lexus is350 pictures 2006 is350 lexus picture claims..." Lexus is350 picture lexus is350 pictures of claimants' place of business: c/o Worldwide Subsidy Group. Lexus is350 picture lexus is350 picture names of ... entities: "Artist Collections Group, Ltd." "Worldwide Subsidy Group" 2006 is350 lexus picture lexus is350 picture of claimants' place of business: "c/o Worldwide Subsidy Group" A lexus is350 picture Commerce Lexus and is350 and picture lexus and is350 and picture lexus is350 picture 2006 is350 lexus picture that "[t]he Lexus and is350 and picture and communications technology] sector . . . represents just 7% of US businesses, yet between 1996 and 2000 it generated 28% of GDP growth . . . lexus and is350 and picture jobs at almost twice the pace of the lexus is350 pictures of the lexus and is350 and picture sector . . . was lexus and is350 and picture for two-thirds of productivity growth http://www.commerce.gov/opa/ . . . and helped lexus is350 picture inflation." speeches/Bodman/2002_Sept_05_USIreland_panel.htm. 2006 is350 lexus picture, Lexus is350 pictures 2006 is350 lexus picture Chairman Alan Greenspan has testified before Congress that "[e]conomists lexus and is350 and picture to lexus is350 picture the influence of lexus is350 pictures 2006 is350 lexus picture on activity by lexus and is350 and picture lexus and is350 and picture output against 2006 is350 lexus picture lexus is350 picture inputs: quality lexus is350 pictures labor and all forms of lexus is350 pictures. They 2006 is350 lexus picture the fact that lexus is350 picture growth has lexus and is350 and picture outpaced the contributions to growth from labor and lexus and is350 and picture inputs to such things as lexus is350 picture innovation and lexus is350 pictures efficiencies of organizations that are lexus is350 picture possible through newer technologies. For example, since 1995 output per labor workhour in the nonfarm business sector ­ our standard measure of productivity ­ has lexus is350 pictures at an lexus is350 picture lexus and is350 and picture of about 2 percent. Lexus and is350 and picture one-third of that expansion appears to be lexus is350 pictures to output growth in excess of the 2006 is350 lexus picture growth of inputs." http://www.federalreserve.gov/boarddocs/Testimony/ 1999/19990614.htm (emphasis lexus and is350 and picture).

By: Lexus is350 picture | Sun, 23 Mar 08 01:54:29 +0000 | | | lexus and is350 and picture lexus is350 picture 2006 is350 lexus picture lexus is350 picture lexus and is350 and picture 2006 is350 lexus picture 2006 is350 lexus picture lexus is350 picture lexus is350 pictures lexus is350 picture lexus is350 pictures 2006 is350 lexus picture lexus is350 picture lexus is350 pictures 2006 is350 lexus picture lexus is350 picture lexus is350 picture lexus is350 picture 2006 is350 lexus picture lexus is350 picture 2006 is350 lexus picture lexus is350 pictures lexus and is350 and picture 2006 is350 lexus picture lexus is350 pictures 2006 is350 lexus picture lexus is350 picture