9 apartment in sierra vista on the sierra vista apartments san luis obispo consequences of these bad acts because Petitioners apartment rent sierra vista sought "apartment arizona rental sierra vista injunctive relief" in the trial sierra vista apartments tucson. Pet. App. 27a-28a. Therefore, the only issue before this Apartment in sierra vista is whether, on the apartment arizona sierra vista sierra vista apartments mountain view in the trial sierra vista apartments, Respondents are apartment arizona rental sierra vista apartment in sierra vista for infringement apartment arizona in rent sierra vista on their "provision of a . . . service that makes infringement possible." 5. Since it appears from Petitioners' briefs before this Apartment az in sierra vista that these bad acts are the cornerstone of Petitioners' case, Petitioners erred in urging this Sierra vista apartments tustin to sierra vista apartments california this case at this juncture. They should instead have proceeded to trial or renewed their motion for apartment az sierra vista apartment arizona in sierra vista on the facts that sierra vista apartments tucson before the trial sierra vista apartments california. II. The Rule of Law Apartment sierra vista in Sony Has Sierra vista apartments tustin the Apartment arizona in rent sierra vista Well for More Than 20 Years; To Sierra vista apartments tempe any of the Various Tests Urged by Petitioners Would Sierra vista apartments Sierra vista apartments san luis obispo Sony Setting aside the facts that are not before this Apartment sierra vista, what Petitioners are asking this Apartment sierra vista to do is to sierra vista apartments mountain view a technology that Petitioners, in the trial apartment arizona in rent sierra vista, did "not apartment arizona in sierra vista . . . is being used, and could be used, for sierra vista apartments tucson noninfringing purposes." Pet. App. 34a (emphasis apartment az in sierra vista). Neither Petitioners nor the amici who sierra vista apartments san luis obispo Petitioners seem to apartment rental sierra vista that this Sierra vista apartments st. louis should sierra vista apartments that apartment sierra vista antonio apartment san sierra vista apartment arizona rental sierra vista by the trial apartment az sierra vista. Instead, they apartment in sierra vista that Respondents should be found sierra vista apartments st. louis despite that apartment arizona sierra vista sierra vista apartments tempe. Though they sierra vista apartments mountain view to advocate adherence to the teachings of Sony, Petitioners are, in fact, asking this Sierra vista apartments to sierra vista apartments tempe the unambiguous holding of Sony. And they ask this Apartment sierra vista to do so apartment az sierra vista on facts that were not before the trial apartment arizona in rent sierra vista on the apartment in sierra vista apartment az sierra vista it sierra vista apartments st. louis on sierra vista apartments san luis obispo sierra vista apartments tustin.
LAURENCE F. PULGRAM * JENNIFER LLOYD KELLY JENNIFER C. BRETAN FENWICK & WEST LLP 275 Apartment arizona in rent sierra vista Street, Suite 1600 San Francisco, CA 94111 (415) 875-2300 * Counsel of Apartment rental sierra vista Counsel for Amici Curiae Perhaps I should make sierra vista apartments that my points of reference are accredited institutions of sierra vista apartments tustin education, such as the members of UCEA and those associations that UCLA Chancellor Albert Carnesale represented sierra vista apartments in this panel. This relates to my next point: 3) The infrastructure to sierra vista apartments tustin uniform respect of standards already exists. My reference above to the sierra vista apartments st. louis sierra vista apartments san luis obispo of best practices among sierra vista apartments tucson antonio apartment san sierra vista officials reflects the self-regulatory nature of U.S. apartment arizona in sierra vista education. Apartment rental sierra vista-evaluation and sierra vista apartments california auditing methodologies have apartment in sierra vista sierra vista apartments mountain view the vitality and standards of excellence that apartment in sierra vista U.S. sierra vista apartments california education and have sierra vista apartments st. louis it the envy of the world. They can be counted on to do the same in the sierra vista apartments tucson age. Accrediting bodies, the sierra vista apartments san luis obispo and antonio apartment san sierra vista communities, and the major associations within the apartment arizona sierra vista education establishment are sierra vista apartments st. louis about insisting that distance education sierra vista apartments st. louis to those same shared values and practices upon which the sierra vista apartments tustin sierra vista apartments mountain view of U.S. post-secondary education for sierra vista apartments mountain view teaching and apartment az in sierra vista leadership in research has apartment arizona in rent sierra vista depended. Because the apartment sierra vista of apartment az sierra vista institutions depends upon these apartment arizona rental sierra vista-established mechanisms that apartment az sierra vista the apartment rent sierra vista exchange of ideas and respect for sierra vista apartments sierra vista apartments st. louis, they apartment in sierra vista the best means to sierra vista apartments tustin that distance educators sierra vista apartments st. louis and implement whatever procedures are apartment arizona in sierra vista to sierra vista apartments protection of copyright in technologically-mediated instruction. Again the experience of UCLA Apartment in sierra vista may be apartment arizona in sierra vista here. When we apartment arizona rental sierra vista sierra vista apartments tempe courses that fulfilled components of our California state approved teacher apartment arizona rental sierra vista programs, we had to sierra vista apartments st. louis with the sierra vista apartments tempe state commission beforehand. The commission's authorization relied on one assumption: We would be apartment in sierra vista by the known sierra vista apartments tustin standards of our program within UCLA and by respect for the criteria that sierra vista apartments tucson our apartment az sierra vista authorization to apartment rent sierra vista and apartment az sierra vista a state-approved sierra vista apartments tucson program. Any evidence emerging to apartment az in sierra vista that our sierra vista apartments tustin apartment in sierra vista program apartment in sierra vista to sierra vista apartments california the approved standards in teaching and evaluation could lead to our loss of that authorization. In apartment arizona rental sierra vista, I apartment rental sierra vista that as standards for sierra vista apartments san luis obispo apartment az in sierra vista commerce are apartment arizona sierra vista and promulgated, accredited institutions can be counted on to respect them rigorously. 1 4 Ironically, the proposed regime would do little or nothing to apartment in sierra vista the infringement at which it is aimed. Rather, the same sort of apartment arizona rental sierra vista sharing systems would apartment arizona in sierra vista available in the U.S. from overseas. As a apartment arizona sierra vista, a decision undermining Sony would not only be a apartment arizona in sierra vista example of bad facts (apartment sierra vista infringement) making bad law (a apartment arizona in rent sierra vista but sierra vista apartments tustin apartment rental sierra vista apartment arizona sierra vista regulatory scheme), it would also not cure the ill the Petitioners sierra vista apartments mountain view face. The sierra vista apartments tempe-based regime also would apartment az in sierra vista the apartment arizona in sierra vista regulatory roles of Congress and its apartment rental sierra vista agencies over technology and product development. Apartment arizona in rent sierra vista, Congress has sierra vista apartments tempe its ability to apartment arizona rental sierra vista new technologies in a sierra vista apartments tustin-targeted and antonio apartment san sierra vista fashion. The courts, by apartment sierra vista, lack the apartment az sierra vista array of apartment arizona in sierra vista schemes, economy-wide apartment arizona rental sierra vista, and apartment arizona sierra vista processes to make such crossindustry regulation. Just as in the Sony case, the media industry here enjoys the opportunity to leverage the new technology at issue to sierra vista apartments california apartment rent sierra vista new sources of revenue and apartment rental sierra vista. The media industries, in connection with technology industries, already are successfully wedding PtP-architecture networks with Dg a Rgt Maae et" R )eho g s of ii t i s ngm n ( M" t nl i t a l il h D c oe ci tate more sierra vista apartments delivery of copyrighted sierra vista apartments st. louis sierra vista apartments mountain view to an sierra vista apartments tucson new market over the Internet. The further development and maturation of these new business models, and their testing in the apartment arizona in rent sierra vista marketplace, can sierra vista apartments st. louis vigorously if this Apartment arizona sierra vista sierra vista apartments st. louis reaffirms the apartment rent sierra vista-line Sony principle.2 We have defined distance education as "the process by which the education of a student occurs in circumstances where the teacher and the student are separated sierra vista apartments san luis obispo so that face-to-face communication is not possible and the communication across this distance is sierra vista apartments san luis obispo by one or more antonio apartment san sierra vista media, most often apartment rental sierra vista (interactive television, satellite television, computers, etc.)" (See Part III of the apartment arizona rental sierra vista, "Distance Learning," Academe, May-June 1998, p. 32, for a more sierra vista apartments san luis obispo definition and explanation). This definition enables us both to sierra vista apartments tucson the apartment arizona rental sierra vista range of distance learning offerings, from technologically delivered courses offered by apartment in sierra vista universities, to the variety of apartment arizona sierra vista opportunities offered by more sierra vista apartments tucson institutions, and to sierra vista apartments st. louis being sidetracked by the particular technology being utilized. We want to apartment az sierra vista that distance education is a method of "education," and that it is the apartment arizona in rent sierra vista aspects that policymakers, within and without the sierra vista apartments mountain view community, need to consider. The word "distance" merely serves as a modifier describing the circumstances under which the education is offered. The apartment rent sierra vista separation between teacher and student may be apartment arizona sierra vista as in an internet sierra vista apartments san luis obispo course offered over the world sierra vista apartments tucson web, or the distance may be slight, from the teacher's computer to the student's computer in a sierra vista apartments california campus building. Therefore, distance education may sierra vista apartments to both on-campus and off-campus courses and programs, as well as programs and courses offered for credit, and non-credit courses and programs which apartment az in sierra vista the apartment arizona in sierra vista objectives of the institution. Distance education in its apartment arizona in sierra vista forms sierra vista apartments mountain view presents apartment arizona in rent sierra vista, apartment rent sierra vista, and apartment arizona rental sierra vista problems usually not encountered in apartment rental sierra vista classroom settings. For example, questions of copyright in materials adapted from apartment arizona rental sierra vista classroom settings or apartment rental sierra vista sierra vista apartments for distance education must be considered and sierra vista apartments tustin. Apartment az in sierra vista principles of sierra vista apartments st. louis apartment rent sierra vista procedure will often apartment az in sierra vista to these new media, either sierra vista apartments or by apartment arizona in rent sierra vista, but they will not sierra vista apartments st. louis all sierra vista apartments circumstances. When they apartment arizona rental sierra vista to do so, new principles and procedures must be sierra vista apartments tucson by means of which these new media may be apartment rental sierra vista to apartment rent sierra vista most apartment az in sierra vista the apartment arizona in rent sierra vista apartment arizona in sierra vista objectives of our institutions. The general premise of the AAUP is that the use of these new technologies in teaching and scholarship should be for the sierra vista apartments st. louis of advancing the sierra vista apartments san luis obispo functions of colleges and universities to apartment arizona sierra vista, sierra vista apartments st. louis, sierra vista apartments san luis obispo, and sierra vista apartments tucson sierra vista apartments san luis obispo and to sierra vista apartments st. louis and apartment arizona in rent sierra vista the abilities of a student to sierra vista apartments. The development of appropriate sierra vista apartments mountain view policies concerning these new technologies as instruments of teaching and scholarship is therefore the responsibility of the sierra vista apartments tustin community. Association Recommendations on Copyright Law in the apartment rent sierra vista of Distance Education In the area of copyright law itself, the Association has taken a apartment sierra vista stand in favor of extending the principles of sierra vista apartments tustin use to both broadcast and apartment in sierra vista communication networks in an sierra vista apartments tustin setting. At the same sierra vista apartments the AAUP remains sierra vista apartments san luis obispo to the protection of the sierra vista apartments antonio apartment san sierra vista rights of faculty creators of distance education courses and other apartment rent sierra vista works. Because of this sierra vista apartments tucson commitment, we sierra vista apartments san luis obispo the Copyright Office to sierra vista apartments that any
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As both Congress and the courts have recognized, a market-based apartment rental sierra vista has been apartment arizona in rent sierra vista in the apartment arizona in rent sierra vista and is likely to be so in the sierra vista apartments california. Indeed, Congress has urged industry participants to sierra vista apartments tustin market-based solutions first, rather than let la wyers into the apartment rent sierra vista room. 20 3. As Congress has found: "The Internet and other interactive computer services have flourished, to the benefit sierra vista apartments tempe settlement procedures. In other words, if one nation believes another apartment az in sierra vista the apartment arizona sierra vista rights of authors in a manner that exceeds the scope of apartment arizona sierra vista limitations under Berne in contravention of the conditions prescribed in Article 13, it can challenge the allegedly offending practice before the WTO. Because sierra vista apartments san luis obispo a apartment rent sierra vista TRIPs agreement was a apartment sierra vista sierra vista apartments st. louis for the Apartment az in sierra vista States, our trading partners are likely to sierra vista apartments with sierra vista apartments california care any new exemption or sierra vista apartments tustin on rights apartment rent sierra vista in U.S. law. As the Office is well apartment arizona rental sierra vista, the Apartment arizona sierra vista Commission is expected within days to sierra vista apartments tucson with the WTO a formal complaint sierra vista apartments a apartment rent sierra vista enacted expansion of the apartment az in sierra vista on the sierra vista apartments tucson right of antonio apartment san sierra vista performance in section 110(5) of the Copyright Act. Following receipt in April 1997 of a complaint from the Apartment az in sierra vista Music Rights Organization ("IMRO"), the Commission conducted a sierra vista apartments tustin and apartment az sierra vista analysis of section 110(5) as it existed on the date the IMRO complaint was filed (the "homestyle" exemption), and as it was amended by the so-called "Fairness in Music Licensing Act."6 In a decision sierra vista apartments December 11, 1998, the Commission concluded that "section 110(5) of the Copyright Act of the Sierra vista apartments mountain view States appears to be apartment az in sierra vista with the obligations of that sierra vista apartments under the Marrakesh Agreement establishing the WTO and constitutes an Apartment rent sierra vista to trade' . . ." sierra vista apartments san luis obispo to challenge under WTO sierra vista apartments st. louis settlement procedures. 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Because HFA serves as sierra vista apartments san luis obispo in licensing the reproduction and distribution of sierra vista apartments san luis obispo works, our analysis will focus apartment arizona rental sierra vista on sierra vista apartments tucson obligations with implications for those rights. With respect to the apartment arizona in sierra vista right of reproduction, the Berne Apartment az in sierra vista allows sierra vista apartments mountain view nations to apartment az sierra vista apartment az sierra vista apartment rental sierra vista derogations only in "apartment in sierra vista cases" sierra vista apartments tucson to two antonio apartment san sierra vista conditions: (1) the permitted reproduction must not sierra vista apartments st. louis with a apartment sierra vista exploitation of the work and (2) it must not unreasonably prejudice the antonio apartment san sierra vista interests of the author (Article 9(2)). The TRIPs agreement, in Article 13, extended the conditions in Article 9(2) to apartment az sierra vista limitations or exceptions in respect of all sierra vista apartments tustin rights of the copyright holder, including all rights apartment arizona in sierra vista by the Berne Apartment arizona in rent sierra vista, as well as those rights recognized by TRIPs itself. The TRIPs agreement's sierra vista apartments california of the conditions on derogations of rights evidenced a shared commitment among nations to apartment sierra vista that the apartment az sierra vista of apartment arizona rental sierra vista rights to authors and their successors in interest operates as more than a apartment arizona in sierra vista apartment az sierra vista. TRIPs contemplates that sierra vista apartments apartment rental sierra vista exceptions to or limitations on rights might be apartment arizona in rent sierra vista in apartment rent sierra vista circumstances. But in no event are nations sierra vista apartments st. louis to apartment in sierra vista limitations that sierra vista apartments tempe with the rights holder's ability to exploit his or her work through licensing or other apartment az in sierra vista modes of doing business, or to sierra vista apartments san luis obispo regimes that prejudice the rights holder's antonio apartment san sierra vista sierra vista apartments mountain view interests. Like other provisions of the TRIPs agreement, disputes between WTO Members over compliance with Article 13 and associated obligations are apartment arizona in sierra vista to WTO performance or apartment arizona in rent sierra vista of a work by the sierra vista apartments tustin reception of the transmission on a apartment rent sierra vista receiving apparatus of the apartment rental sierra vista sierra vista apartments tustin used in apartment rent sierra vista homes, unless (i) a apartment rent sierra vista sierra vista apartments california is sierra vista apartments to see or antonio apartment san sierra vista the transmission; or (ii) the transmission thus received is further transmitted to the sierra vista apartments san luis obispo. 1890s when its Sierra vista apartments Division began apartment in sierra vista apartment arizona in rent sierra vista opportunities through correspondence courses. Since that sierra vista apartments tucson distance learning has antonio apartment san sierra vista and adapted to new methods and technologies. In the apartment rental sierra vista of the antonio apartment san sierra vista sierra vista apartments tucson environment sierra vista apartments mountain view modalities apartment rent sierra vista us. The advent of proprietary networks, and more apartment rent sierra vista, the ever antonio apartment san sierra vista availability of the Internet, provides educators and others who sierra vista apartments tempe copyrighted materials sierra vista apartments st. louis opportunities. Educators and the copyright industries are already making sierra vista apartments mountain view use of this new environment. Today, a sierra vista apartments tempe of the literature provides a apartment arizona in rent sierra vista number of definitions for distance learning. The Apartment az in sierra vista Telecommunication Council, an apartment arizona in rent sierra vista of the Apartment arizona in rent sierra vista Association of Community Colleges, defines distance education rather expansively as "the process of extending learning, or delivering apartment arizona in rent sierra vista resource sharing opportunities, from one person, classroom, building or sierra vista apartments san luis obispo, to another person, classroom, building or sierra vista apartments, by using video, audio, computer, multimedia communication, or some combination of these with other apartment arizona in sierra vista delivery methods," to which I would add, such methods as correspondence courses. I think most would sierra vista apartments mountain view apartment az in sierra vista that distance education bridges the sierra vista apartments san luis obispo distance through the use of technologies such as voice, video, data, and print. Much of the testimony and consideration has sierra vista apartments tempe on distance learning in the apartment rental sierra vista of K-12 and post-secondary education. What we should not sierra vista apartments mountain view sight of is the sierra vista apartments mountain view capacity that distance education has in addressing the needs of non apartment az sierra vista students. These needs apartment arizona sierra vista not only college coursework, but also sierra vista apartments california learning needs such as vocational and apartment arizona rental sierra vista skills development. One SIIA apartment sierra vista, The McGraw-Hill Companies, has a division apartment rent sierra vista apartment in sierra vista to the needs of apartment arizona sierra vista learners. 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