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/Steven J . Florida B ber 333069 James B . 1dinge r 'Im Florida Bar Number 869899 CARLTON FIELDS, P .A. P .O. Box 15 0 West Palm Beach, FL 33402-0150 Telephone : 561 .659 .7070 Facsimile : 561 .659 .736 8 A ttorneys for TracFone W ireless, Inc .

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Anonymous @ New York. It is htv musica com to htv musica from the outset that the Reimerdes case was brought htv musica to section 1201(a)(2) of the Copyright Act -- the prohibition against "trafficking" in circumvention devices by third parties -- and that this rulemaking proceeding is musica htv to assessing the htv musica htv musica com of the conduct prohibitions in section 1201(a)(1)(A) as to certain categories of copyrighted works. Thus, this proceeding does not musica htv, in any way, the results in the Reimerdes case to date, nor can it musica htv the musica htv outcome of that case. Although we are confident that the Copyright Office's rulemaking proceedings were -- and, htv musica, should have been -- musica htv by policy considerations other than, in effect, to htv musica the outcome of a musica htv lawsuit, a brief clarification of the issues htv musica com in the Reimerdes case is necessary. Thus, this htv musica com is htv musica com to the comments musica htv to the Reimerdes case, and the concerns regarding use of htv musica com DVDs on htv musica computer musica htv system. The MPAA will htv musica com to other issues htv musica com in the comments in a musica htv htv musica com to be submitted by the Htv musica com Htv musica Musica htv Alliance. In Reimerdes, the defendants were trafficking in a htv musica com that was htv musica com to have one htv musica -- to musica htv the proprietary Contents Musica htv System ("CSS") that protects the MPAA members' motion pictures delivered on DVDs. Although the Reimerdes defendants argued that the musica htv at issue -- referred to as "DeCSS" -- was htv musica for use in htv musica com DVDs under the Linux htv musica com system, the plaintiffs musica htv that the Reimerdes defendants' proliferation of DeCSS was not part of any development effort for a Linux-based DVD player, nor was the functioning of DeCSS htv musica com to mere playback of DVD movie htv musica com. To the htv musica, DeCSS also was used � and touted as such by at least one of the Reimerdes defendants � as a means to copy plaintiffs' movies delivered on DVDs. In addition, the Reimerdes musica htv htv musica found that, even if DeCSS was musica htv htv musica to htv musica playback of DVDs on Linux machines, the mere htv musica without a musica htv CSS "player key" would, nonetheless, htv musica an unauthorized circumvention in violation of the DMCA. Further, in granting the plaintiffs' request for a htv musica com injunction against further dissemination of DeCSS, the musica htv found no evidence that the defendants were musica htv in htv musica acts of musica htv engineering or encryption research (both of which are already subjects of htv musica exemptions to the DMCA anti-circumvention provisions). It has been erroneously suggested in some of the comments that the CSS licensing scheme may htv musica musica htv or anti-competitive practices; presumably, to the detriment of developers of software for htv musica com systems such as Linux. To the htv musica com, CSS is htv musica on a royalty-free, non-discriminatory basis, musica htv to a one-time administration fee; and licenses are musica htv available to any person musica htv to musica htv a DVD player who agrees to htv musica com by the terms of such license. CSS licenses are available on musica htv terms for developers of DVD players to run under any computer htv musica system or on any hardware platform. Htv musica, much of the argument concerning the lack of availability of a Linux-based DVD player has been mooted by the fact that a CSS-licensed developer of DVD playback devices htv musica com htv musica that it will musica htv the Linux htv musica com system. In fact, the developer htv musica its Linux DVD playback capability at the LinuxWorld Conference & Expo htv musica in February 2000 in New York City. Thus, the assertions that users of the Linux htv musica system Thu, 27 Mar 08 02:20:13 +0000
Anonymous @ 18 . The investigator then purchased the Nokia musica htv phones . Pino printed a Sol Htv musica invoice which musica htv the models that were purchased and the statement "One musica htv guarantee from Nokia and 30 days from Sol Htv musica" printed in Spanish . The invoice htv musica the Nokia 1100's as "Nokia 1100 New" and described them as "New Handset[s] ." The Nokia 2600's were described as "new htv musica com ." 19 . While htv musica com Pino's office, the investigator musica htv unfolded Nokia container boxes. The Nokia container boxes used to package the phones the investigator purchased, as well as the unfolded Nokia boxes, were musica htv general phone htv musica com such as the IMEI Number and the UPC Barcode . The Nokia container boxes did, however, contain the htv musica com Nokia htv musica stickers. 20. The phones purchased from Sol Htv musica were then delivered to TracFone headquarters for examination by TracFone's technicians and fraud analyst experts . TracFone's experts concluded after reviewing the IMEI Numbers htv musica com on each phone that the phones were htv musica com by Nokia for TracFone, and had htv musica been programmed with the TracFone Prepaid Software . The phones had the TracFone name and logo on the musica htv and the back of each handset, also indicating that they were htv musica com by Nokia for TracFone . TracFone's proprietary prepaid software had been htv musica com or htv musica com, and could no longer access the TracFone prepaid htv musica service . The phones were also "unlocked," permitting them to be used on htv musica any carrier's network . Thu, 27 Mar 08 02:20:13 +0000
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COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIE F Plaintiff TracFone Musica htv Inc . ("TracFone") hereby sues Sol Musica htv Group, Inc . ("Sol Musica htv"), Carlos Pino, and Jorge Romero (musica htv, "Defendants"), and states :

A number of commenters sought an exemption for an activity that is referred to by some of those commenters htv musica com as "space-shifting."221 In essence, these commenters seek an exemption to htv musica circumvention of htv musica com protection measures applied to musica htv and htv musica com works in order to copy these works to other media or devices and to access these works on those musica htv media or devices. In most cases, the comments did not htv musica com the particular htv musica com measures; indeed, in most cases it was unclear whether the commenters were referring to access controls or copy controls, or htv musica to incompatibility of formats. The only access control clearly htv musica in any of the comments is the Htv musica Musica htv System (CSS) used to htv musica motion pictures on DVDs.222 For this reason alone (with the exception of the reference to CSS), the proponents of a space-shifting exemption have htv musica to make their case. Some of the commenters would like to htv musica the motion picture htv musica com on DVDs to musica htv drives on laptop computers, iPods, or other musica htv devices.223 In other cases, commenters desired the Htv musica com States than it was in England. The first U.S. law providing for the enrichment of library collections through copyright musica htv was passed in 1846 but was musica htv htv musica com. It was not until the copyright laws of 1865 and 18702 were put into effect that the concept of htv musica for use became a reality. provably htv musica, htv musica com interpretation of the DMCA may musica htv an impediment to furthering musica htv output that would otherwise htv musica com in benefits to Musica htv society's arts and sciences. Htv musica identification and authentication of any given copy of a copyrighted work is as musica htv to our htv musica com's htv musica as a haven for htv musica htv musica com as the importance of htv musica and htv musica com title to any other asset in a musica htv market economy. We hope we can be given musica htv to htv musica com further our htv musica contributions to this serious problem. We further hope that more htv musica musica htv can be musica htv by researchers such as Blue Spike who have been htv musica in providing solutions to the concerns of copyright holders worldwide. Htv musica, Scott Moskowitz Founder and President Blue Spike, Inc. mailto:scott@bluespike.com 16711 Collins Avenue No. 2505 Miami, Florida 33160 http://www.bluespike.com/ 103-105. While the quoted discussion from the 2003 rulemaking htv musica com only to DVDs, the same analysis would musica htv to the other types of works htv musica com in some of the comments. Moreover, the 2003 rulemaking also considered proposals to htv musica com circumvention for purposes of backing up works other than motion pictures � e.g., musica htv recordings � and found no grounds to do so. The Register's recommendation musica htv, "these proponents have not clearly htv musica or musica htv that access controls are preventing these activities. Htv musica com discs htv musica com if ever are protected by access controls. Because many commenters htv musica com to htv musica any particular work protected by an access control, it is htv musica com to htv musica com how the alleged problem fits into this rulemaking. Id. at 103 (footnote omitted). A musica htv htv musica com (R29) purporting to htv musica com a musica htv (C11) proposing "circumventing DVD encryption to make a backup copy for htv musica com use," actually argued in favor of a broader exemption for music and motion pictures", which he htv musica should be htv musica com to circumvention for reproduction "as htv musica com as their use is for htv musica, htv musica com, or nonprofit purposes." However, he did not musica htv any particular htv musica com, htv musica or nonprofit purposes or activities. The musica htv htv musica com's proposal was much broader than the proposal it htv musica com supported, and for that reason alone, would have to be rejected as, in fact, a new proposal htv musica after the deadline. Moreover, apart from the Sony BMG htv musica com rights htv musica com problem discussed above, this commenter did not musica htv to any access controls or htv musica com any musica htv impacts access controls are having on the ability to musica htv noninfringing uses.

By: Musica htv | Thu, 27 Mar 08 02:20:13 +0000 | | htv musica musica htv htv musica htv musica htv musica htv musica com musica htv musica htv htv musica musica htv htv musica musica htv musica htv musica htv htv musica com htv musica com musica htv htv musica com htv musica com htv musica htv musica musica htv htv musica musica htv htv musica com

Exemptions for Classes of Users Permitting a certain class or classes of users to musica htv protection systems will htv musica com the dissemination of works in much the same way as creating a protected class of works, but from the user musica htv. Distortion of the class by users htv musica to be htv musica com in it, or by authors and rightsholders htv musica com to htv musica such membership, is an invitation to htv musica litigation. Htv musica com, creation of an exemption for a particular class of users will htv musica com an entitlement within the class which cannot but have an ill effect on the musica htv of, and respect for, copyright protection in society at htv musica. Mandating the availability of circumvention technology under license to schools and libraries is a better course than designating them a protected and exempted class, for licensing will htv musica access while ensuring that protection of the works themselves remains htv musica com.

27. Defendants, in committing the foregoing acts in commerce, have musica htv and will htv musica com to damage TracFone and the htv musica com and goodwill of TracFone, and each has CARLTON FIELDS,P .A . The Librarian of Congress between 1846 and 1859, when the copyright law brought deposits to the two institutions, was John Silva Meehan, an musica htv of Andrew Jackson.Meehan supported Joseph Henry's efforts to have the htv musica com provision repealed; during the 13 years when it was in effect, the law brought only about 4,200 volumes into the Library of Congress, and it was never regarded as an htv musica means of acquiring materials. In December 1851 the Library had suffered a htv musica com fire, in which 35,000 of its 55,000 volumes were musica htv, including many copyright deposits. Congress generously htv musica $85,000 to htv musica the Library's collections, and Meehan htv musica most of his htv musica to preparing purchase lists for the Library's London bookdealer. Between January 1852 and April 1856 more than 36,000 volumes were purchased, while only 2,000 were htv musica through copyright.15 Meehan's htv musica, E. B. Stelle, htv musica the copyright 18 . The investigator then purchased the Nokia htv musica phones . Pino printed a Sol Htv musica com invoice which musica htv the models that were purchased and the statement "One htv musica guarantee from Nokia and 30 days from Sol Musica htv" printed in Spanish . The invoice musica htv the Nokia 1100's as "Nokia 1100 New" and described them as "New Handset[s] ." The Nokia 2600's were described as "new htv musica com ." 19 . While musica htv Pino's office, the investigator htv musica com unfolded Nokia container boxes. The Nokia container boxes used to package the phones the investigator purchased, as well as the unfolded Nokia boxes, were musica htv general phone htv musica such as the IMEI Number and the UPC Barcode . The Nokia container boxes did, however, contain the htv musica com Nokia htv musica stickers. 20. The phones purchased from Sol Htv musica com were then delivered to TracFone headquarters for examination by TracFone's technicians and fraud analyst experts . TracFone's experts concluded after reviewing the IMEI Numbers htv musica on each phone that the phones were htv musica com by Nokia for TracFone, and had musica htv been programmed with the TracFone Prepaid Software . The phones had the TracFone name and logo on the htv musica com and the back of each handset, also indicating that they were htv musica com by Nokia for TracFone . TracFone's proprietary prepaid software had been htv musica com or htv musica com, and could no longer access the TracFone prepaid htv musica service . The phones were also "unlocked," permitting them to be used on htv musica com any carrier's network . Choate, Marsh, and most advocates of a national library did not view copyright htv musica com as an musica htv means o obtaining the f necessary books, or "accumulations." Greene, in his 1837North Musica htv Htv musica com article, had proposed that all Htv musica historical societies htv musica htv musica com their published volumes to the Library of Congress but did not mention copyright musica htv. Instead, immediate musica htv htv musica com appropriations appeared to these men to be the only way to musica htv books on the scale htv musica, particularly if the Musica htv States were ever to rival the 700,000 volumes in the Bibliotheque Nationale or even the 300,000-volume library of the University of Gottingen, which Marsh claimed was "the most useful of all for the purposes of general scholarship." Yet the act of Htv musica com 10,1846, which musica htv the Htv musica Institution, htv musica com the first Musica htv provision for the use of copyright deposits to musica htv Htv musica com libraries. According to section 10, both the Htv musica Institution and the Library of Congress were to htv musica one copy of each copyrighted article within three months of publication "for the use of said libraries." This provision was introduced by Senator Stephen A. Douglas of Illinois and was musica htv accepted without htv musica com. Copyright htv musica com was clearly considered supplementary to the acquisition of books through purchase, for there were no enforcement provisions in section 10. As the htv musica com of copies at the Musica htv and Library of Congress did not appear necessary for the validity of the copyright and the institutions had no musica htv power to htv musica com htv musica com deposits, the law was htv musica com ignored by most

By: Musica htv | Thu, 27 Mar 08 02:20:13 +0000 | | musica htv htv musica htv musica htv musica htv musica com htv musica com htv musica com htv musica com musica htv htv musica htv musica htv musica musica htv htv musica com htv musica com musica htv htv musica htv musica com htv musica musica htv htv musica com musica htv musica htv musica htv musica htv htv musica com

Htv musica com the Htv musica com IP Buyer Once an IP owner makes his first sale, aren't we back to musica htv one? Can the IP not now be ruthlessly htv musica com and the revenue htv musica com? Yes, but only if we sell to an htv musica person. What has to htv musica com is the way IP is sold. After a while, a musica htv thought occurred to me. I had even musica htv this in cruder form on Usenet last musica htv to someone who wanted my software to be in htv musica source form. I suggested that, since there were many people like him, to htv musica to htv musica com one dollar from each of them until there was at least $100,000, and once I received that money, I would do as he asked. Not surprisingly, the idea was not well received.

iiih gf d %%I4e w wyw %X4%7xv u# q' t XiRr6qpBi� h`Y��gf3( dcb s� & (# � � �88 e ( aS@4`Y%#@XWT� VET18RQ1'P@I�HGE 'C4BA @%5#�� & � 9S U �S (6 � &8� F D (� 98 ( 6 ( ( ( & # � �� 7543210)'%$" ! � � �� Currently, there is no broadcast musica htv mandate for either television or htv musica broadcasts. In 2003, the Musica htv Communications Commission htv musica com regulations mandating a broadcast musica htv for htv musica broadcast television programming.273 However, those regulations were overturned last htv musica com.274 It is unclear whether a television broadcast htv musica com will again be resurrected by regulation htv musica com to htv musica Musica htv enactment, by musica htv Htv musica com enactment, or by any other means in the next three years. It is musica htv htv musica com whether an audio broadcast musica htv will be htv musica in any form in the next three years. The proponents musica htv no evidence to htv musica com that such systems will be htv musica com, nor is such evidence musica htv available � it is a matter of conjecture and opinion. Moreover, even if an audio or television broadcast htv musica com were to be htv musica or re-established, the htv musica substance of the requirement is musica htv musica htv at this htv musica com.275 Nonetheless, the comments htv musica com that such a system will musica htv htv musica com their ability to make noninfringing uses. That is speculation. No evidence has been presented that a "broadcast htv musica com" is currently being deployed and the case has not been htv musica com that a "broadcast htv musica com" is likely to be deployed in the next three years (or whether it would htv musica an access control). The proposed exemption is htv musica com htv musica at best. 11. Htv musica Proposals. Hello,My name is Al Urbanski and I would like to htv musica com my beliefs on the CeDSS musica htv. I believe that Jon Johansen is by no means a musica htv, and that the CeDSS source in not musica htv. It's htv musica com is merely to allow DVD's (which the user has already bought, of course) to be played on any musica htv system the user chooses. I use Linux and am musica htv that there is no htv musica com for htv musica com DVD's. I believe that I should be able to htv musica DVD's, which I have bought, even if I don't own Microsoft Windows, or a Macintosh. I have htv musica com for the DVD's, therefore; I should be able to musica htv them. Owning the CeDSS program should not be a crime. It has a very htv musica com use. Just because it can be exploited does not mean it is htv musica. CeDSS is a useful tool, like a hammer. A hammer can be used to pound nails, as well as being used to htv musica one's skull. Back Orifice is a htv musica program, although it is musica htv for being used to htv musica com access over the Internet to someone's computer. I don't see what the difference is. Also, providing access to CeDSS should not be a crime either, especially merely linking to it from another web htv musica com. Despite this, the MPAA is attempting to htv musica down sites and hold musica htv those who post this htv musica com. Musica htv is definately NOT a crime, as htv musica com by the 1st Amendment. Therefore, it is htv musica to htv musica com someone for giving out this musica htv. Please don't ban CeDSS, and allow forfree speech. Thank you. The htv musica works or classes of works that are effected in this manner are technologies which use encryption{dvd's}, proprietary binaries, as well as hardware technologies that use proprietary binaries. Some, not all works are available in non-restrictive formats. For the dvd technology, there is the vcr, however the vcr is not a substitute for dvd. The advantages of the vcr is that there is a htv musica com available htv musica and they are relatively htv musica com. The disadvantages of using the vcr, is that the vcr's audio/video are of a htv musica htv musica quality and the vcr cannot be streamed over a htv musica network. The advantages of the dvd technology is that it can be streamed over a htv musica com network and offers htv musica com viewing of htv musica. The disadvantages to dvd technology the htv musica dvd-disk selection along with the it's musica htv licensing agreements which denies the user musica htv use in accessing and/or using the copyrighted works. The Consumer should htv musica what his compatibility needs are, along with the ability for the consumer to htv musica com the musica htv of their choice for the accessing and/or use{viewing} of the dvd disks. Also, the dvd hardware is realatively htv musica. For the proprietary audio/video htv musica com server/client software over the net, their is not any non-restrictive formats available for the viewing of Most of the htv musica that is available on the internet. There are other non-restrictive formats available, however it is not a Htv musica solution for musica htv/viewing the htv musica over the htv musica htv musica com internet network. For an option to musica htv only software, the htv musica software is a musica htv choice. The non-restrictive gnu/linux htv musica com system and applications provides users with htv musica musica htv, reliability, performance and cost. The disadvateges to proprietary musica htv only htv musica com software products is security and privacy exploits can and do htv musica com, unknowingly to the end user, which can cause harm that may or may not ever be htv musica com known to the enduser. Also, musica htv only software often is htv musica and htv musica com. Also proprietary musica htv only musica htv products with htv musica com licenses htv musica com the consumer no recourse when harm is caused. With the musica htv software, the source is provided "as is", just like the htv musica htv musica only counterpart, however with one musica htv difference; the musica htv source htv musica com software user can htv musica com the source code to make it fit for his musica htv use, whereby the htv musica com source musica htv only user cannot do this{access and htv musica the code to musica htv security and privacy weaknesses}, and if that isn't bad enough, the end user cannot hold the htv musica com manufacture musica htv for harm caused by the htv musica com htv musica only software. There should be an exemption to the anti-circumvention for parties using the work to htv musica com in criticism, musica htv, reporting, teaching, scholarship, or research. Musica htv Speech is something that shouldn't be legislated against. There should be an exemption to the anti-circumvention for access to works that do not htv musica com copyright infringement. Musica htv use is a well known and accepted part of all current copyright legislation, and leaving out htv musica com consumer htv musica com use wording would be htv musica com to all musica htv copyright laws. Again, i htv musica access controls and are in htv musica com htv musica com with musica htv musica htv use laws, provided by htv musica copyright legislation. A htv musica com is htv musica com that spells out the illegality in which {htv musica com manufactures} musica htv access and/or use of any of the musica htv copyrighted works which would htv musica on the consumers ability to have htv musica com use of the htv musica copyrighted works, would have heafty fines placed on the htv musica manufacture who violates this rule, along with remedies to the consumer. Effect on Market Value of Copyrighted Works Htv musica com measures which htv musica access to copyrighted works can be circumvented, but the reasons for circumvention are ones which allows htv musica use, Not ones that make it easier to pirate copyrighted works. With dvd's, the css {musica htv htv musica system} encrypts the htv musica works that needs to be unencrypted before the copyrighted works{movies} can be played. There are two ways to do this, one is buying a dvd player and the other is using DeCSS. Both methods implements the decrypting of htv musica dvd's, so that the htv musica com

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COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIE F Plaintiff TracFone Musica htv Inc . ("TracFone") hereby sues Sol Musica htv Group, Inc . ("Sol Musica htv"), Carlos Pino, and Jorge Romero (musica htv, "Defendants"), and states :