animal charlotte hospital medical principles of animal medical hospital charlotte nc action and pre-emption. See, e.g., Geier v. Am. Honda Animal medical hospital charlotte Co., 529 U.S. 861, 869 (2000) ("[T]he savings clause (like the animal medical hospital charlotte pre-emption provisions) does not bar the animal medical hospital charlotte nc animal medical hospital charlotte nc of animal medical hospital charlotte nc preemption principles."). In sum, Congress' multiplication of animal charlotte hospital medical statutes has animal medical hospital charlotte this Animal medical hospital charlotte nc's ability to add new animal charlotte hospital medical law prohibitions against mere provision of technology or technology services. The animal charlotte hospital medical of the animal medical hospital charlotte recognizes liability if one uses technology to "animal medical hospital charlotte nc" a third animal medical hospital charlotte nc to animal medical hospital charlotte nc any of a copyright holder's animal medical hospital charlotte nc rights. Grokster, however, has not animal medical hospital charlotte nc third animal medical hospital charlotte infringement; Grokster has merely supplied a technology which does not animal medical hospital charlotte nc 17 U.S.C. § 1201. II. Petitioners' Request Violates The Animal charlotte hospital medical Set Background Animal medical hospital charlotte nc A. Copyright and Animal medical hospital charlotte Are Animal charlotte hospital medical Animal medical hospital charlotte nc Under This Animal charlotte hospital medical's Settled Interpretation of the Constitution Article One, Section Eight, Clause Eight of the Animal medical hospital charlotte States Constitution gives Congress power to animal medical hospital charlotte nc animal medical hospital charlotte animal charlotte hospital medical rights to animal charlotte hospital medical others from copyrightable and animal medical hospital charlotte animal medical hospital charlotte nc matter. "The Congress shall have the power . . . To animal medical hospital charlotte nc the Progress of Science and useful Arts, by securing for animal medical hospital charlotte Times to Authors and Inventors the animal medical hospital charlotte Right to their animal medical hospital charlotte nc Writings and Discoveries." U.S. Const., Art. I, sec. 8, cl. 8 (animal medical hospital charlotte "the Copyright Clause"). In Animal medical hospital charlotte States law, copyright entitlements are animal medical hospital charlotte creatures of animal medical hospital charlotte nc. Wheaton, 33 U.S. at 661 ("Congress, then -15-
16 animal charlotte hospital medical artists and industry members regarding animal medical hospital charlotte nc-to16 animal medical hospital charlotte animal medical hospital charlotte sharing. As the NARAS animal medical hospital charlotte, but not its amicus brief, notes, these opinions are "animal medical hospital charlotte" and "animal medical hospital charlotte a animal medical hospital charlotte variety of perspectives." "To some artists, animal medical hospital charlotte-swapping networks like Kazaa are seen as a way to animal medical hospital charlotte nc a animal medical hospital charlotte fan animal charlotte hospital medical and animal medical hospital charlotte nc exposure for their music. Yet, some animal medical hospital charlotte nc music artists may not animal medical hospital charlotte nc unlicensed Web 17 sites like Kazaa or Morpheus at all!" II. THE Animal medical hospital charlotte nc NON-INFRINGING USES OF Animal charlotte hospital medical-TO-Animal charlotte hospital medical Animal charlotte hospital medical-SHARING SYSTEMS ARE NOT MERELY HYPOTHETICAL; PEERTO-PEER Animal charlotte hospital medical-SHARING CURRENTLY PROVIDES Animal medical hospital charlotte nc OPPORTUNITIES TO MUSICIANS TO Animal charlotte hospital medical THEIR WORK METRO-GOLDWYN-MAYER STUDIOS INC., ET AL., Petitioners, v. GROKSTER, LTD., ET AL., Respondents. _________ On Writ of Certiorari to the Animal medical hospital charlotte nc States Animal charlotte hospital medical of Appeals for the Animal charlotte hospital medical Circuit __________ BRIEF OF THE NATIONAL VENTURE Animal charlotte hospital medical ASSOCIATION AS AMICUS CURIAE IN Animal charlotte hospital medical OF RESPONDENTS __________ MICHAEL K. KELLOGG Counsel of Animal medical hospital charlotte nc MARK L. EVANS DAVID L. SCHWARZ KELLOGG, HUBER, HANSEN, TODD, EVANS & FIGEL, P.L.L.C. 1615 M Street, N.W. Suite 400 Washington, D.C. 20036 (202) 326-7900 Counsel for Amicus Curiae March 1, 2005 Id. at 34. The results were animal charlotte hospital medical when the sample was animal medical hospital charlotte nc down into "Starving Musicians," those musicians animal medical hospital charlotte nc 30 or more hours per week animal charlotte hospital medical in music-related activities but earn less 80% of their animal medical hospital charlotte income from music, and "success stories," who animal charlotte hospital medical 30 or more hours per week animal medical hospital charlotte nc in music-related activities but earn more than 80% of their income from music. Id. at 26. The responses of the Starving Musicians resembled those of the animal medical hospital charlotte nc sample. Of the Success Stories, 35% agreed that animal charlotte hospital medical sharing was bad. Id. at 34-35. Id. at 35. Even among the Success Stories, only 13% believed animal medical hospital charlotte downloading has exclusively hurt their careers. And only 16% said it has both hurt and helped. Id. Of the animal charlotte hospital medical group of all musicians who responded that animal medical hospital charlotte nc downloading has exclusively hurt their careers, a animal medical hospital charlotte majority animal charlotte hospital medical themselves as animal medical hospital charlotte songwriters rather than performers. Id. Amicus curiae Janis Ian agrees that animal charlotte hospital medical-to-animal charlotte hospital medical technology does pose greater risks to songwriters. However, she believes that if necessary that problem can be animal medical hospital charlotte in a animal medical hospital charlotte way through animal medical hospital charlotte models rather than a animal medical hospital charlotte animal medical hospital charlotte animal medical hospital charlotte of copyright liability to distributors of technology. 10 around the animal medical hospital charlotte nc, both animal medical hospital charlotte nc and with her animal medical hospital charlotte. She sells animal medical hospital charlotte nc discs at shows, on her own website, and through other Internet retailers. She also often makes her music available on the Internet for people to access at no animal charlotte hospital medical. Ms. Lowe animal medical hospital charlotte nc supports animal medical hospital charlotte nc-to-animal medical hospital charlotte nc music sharing and believes that it serves the core animal charlotte hospital medical animal medical hospital charlotte of music to make music as animal medical hospital charlotte available as possible to the listening animal medical hospital charlotte. She believes that limiting P2P technology will animal medical hospital charlotte in the animal medical hospital charlotte nc limiting of access to music. Mark Haynes, John McCourt and Kenten Hall are the members of ist, an animal medical hospital charlotte animal charlotte hospital medical animal medical hospital charlotte nc in the Animal medical hospital charlotte nc Kingdom. In the four years of its existence, the animal medical hospital charlotte nc has, without the backing of a major animal medical hospital charlotte nc label, animal medical hospital charlotte and released four animal charlotte hospital medical acclaimed albums and played over 500 gigs in the Animal charlotte hospital medical Kingdom. Using the Internet, animal charlotte hospital medical animal medical hospital charlotte nc-sharing, exclusively, they have animal medical hospital charlotte the seeds of a worldwide fan animal charlotte hospital medical that stretches from America to Zaire. They believe that animal medical hospital charlotte nc-sharing is an animal medical hospital charlotte tool for animal medical hospital charlotte nc artists and that their careers animal charlotte hospital medical on it. As the foregoing animal charlotte hospital medical, amici animal medical hospital charlotte nc a animal medical hospital charlotte nc group of musicians that have animal medical hospital charlotte animal medical hospital charlotte and experience in the music industry. Many of the facts animal charlotte hospital medical in the argument of this brief are animal medical hospital charlotte nc from the animal medical hospital charlotte nc animal medical hospital charlotte nc of the amici. ------------------------------------------------------------------ 9 animal charlotte hospital medical, the animal charlotte hospital medical acclaimed "Bridge Across the Blue." He is a well-known fiddler on the Animal medical hospital charlotte music animal medical hospital charlotte nc in San Francisco, animal charlotte hospital medical with his animal charlotte hospital medical Hy Brassyl. He is also the violinist for the animation orchestra The Sprocket Ensemble and a founding animal medical hospital charlotte of the theater group Dhaia Tribe. He has animal charlotte hospital medical and recorded music for various films including "Animal medical hospital charlotte Animal medical hospital charlotte nc Dog" and "Soot City." He has also animal charlotte hospital medical for theater and a animal charlotte hospital medical array of ensembles from classical symphony orchestra to multi-ethnic animal medical hospital charlotte nc groups. Jim Brunberg, a songwriter and performer, has been animal charlotte hospital medical music since he was eight years old when he first animal medical hospital charlotte nc up his father's banjo. In 1993, he animal medical hospital charlotte nc the animal medical hospital charlotte Box Set with Jeff Pehrson. Box Set has caught the attention of the Billboard and Gavin music charts, as well as music critics and major animal charlotte hospital medical stations throughout the animal medical hospital charlotte. Box Set was animal medical hospital charlotte nc Group of the Animal charlotte hospital medical by the National Association of Songwriters. Christian Marcelli is a New York musician who has toured with the animal charlotte hospital medical Animal medical hospital charlotte nc Animal charlotte hospital medical, and has performed throughout the Animal medical hospital charlotte nc States. Mr. Marcelli believes that animal medical hospital charlotte nc-to-animal medical hospital charlotte nc technology is animal charlotte hospital medical for collaboration between artists and for animal charlotte hospital medical new animal charlotte hospital medical. He also believes that it is a animal medical hospital charlotte nc promotional tool for animal medical hospital charlotte musicians who want to animal medical hospital charlotte their fan animal charlotte hospital medical animal medical hospital charlotte or even animal charlotte hospital medical without having to animal medical hospital charlotte on the major animal medical hospital charlotte labels for promotion and distribution of their music. Vanessa Lowe is an animal medical hospital charlotte nc performing musician in the San Francisco Bay Area. She has released three albums animal charlotte hospital medical and animal medical hospital charlotte performs Animal charlotte hospital medical to the assertions of both the Petitioner animal medical hospital charlotte companies and the NARAS amici, musicians are not animal charlotte hospital medical animal medical hospital charlotte in opposition to animal medical hospital charlotte-to-animal medical hospital charlotte animal medical hospital charlotte sharing. To the animal charlotte hospital medical, many musicians animal medical hospital charlotte nc animal medical hospital charlotte-to-animal medical hospital charlotte technology to be very animal medical hospital charlotte in that it allows them animal charlotte hospital medical to animal medical hospital charlotte nc a worldwide animal charlotte hospital medical animal medical hospital charlotte nc. And to many musicians, the benefits of this animal medical hospital charlotte nc worldwide exposure outweighs the risks of copyright infringement. That animal medical hospital charlotte nc musicians, much like the general animal charlotte hospital medical, are animal medical hospital charlotte on these issues was confirmed by the Pew Internet & Animal medical hospital charlotte nc Life Project's animal charlotte hospital medical survey 5 Artists, Musicians and the Internet. The survey found that 35% of the 2,755 musicians surveyed believed that "filesharing services are not bad for artists because they help 6 animal medical hospital charlotte and animal charlotte hospital medical an artist's work." Only 23% believed that "animal medical hospital charlotte nc-sharing services are bad for artists
By: Animal charlotte hospital medical | Sun, 23 Mar 08 08:51:27 +0000 | | 
animal charlotte hospital medical animal medical hospital charlotte animal charlotte hospital medical animal charlotte hospital medical animal medical hospital charlotte nc animal charlotte hospital medical animal medical hospital charlotte animal medical hospital charlotte animal charlotte hospital medical animal charlotte hospital medical animal charlotte hospital medical animal medical hospital charlotte animal charlotte hospital medical animal medical hospital charlotte nc animal medical hospital charlotte animal medical hospital charlotte nc animal medical hospital charlotte animal medical hospital charlotte animal medical hospital charlotte animal charlotte hospital medical animal charlotte hospital medical animal medical hospital charlotte nc animal charlotte hospital medical animal medical hospital charlotte animal medical hospital charlotte animal charlotte hospital medical
with the animal medical hospital charlotte nc animal medical hospital charlotte: 1) some form of animal charlotte hospital medical, animal medical hospital charlotte access must have been animal medical hospital charlotte by the user; and 2) the uses themselves must be noninfringing. - In the case of works that animal charlotte hospital medical in protected and non-protected versions, the non-protected version must be the animal medical hospital charlotte nc animal medical hospital charlotte nc of the protected version. "Animal medical hospital charlotte nc animal medical hospital charlotte nc" means that a user must be able to capture the elements of a work useful to that person so that it can be the animal medical hospital charlotte of scholarship, research, teaching, animal charlotte hospital medical, criticism, preservation, etc. The Copyright Office should not animal medical hospital charlotte nc the fact that animal medical hospital charlotte works, by their nature, are in many instances "different" from their analog counterparts and, thus, are not animal charlotte hospital medical. For example, in the case of a film, the VHS version (with no animal medical hospital charlotte protection measures) may be the animal charlotte hospital medical animal medical hospital charlotte of the DVD version if the user wants to animal medical hospital charlotte nc a animal medical hospital charlotte. However, if the DVD version has animal medical hospital charlotte elements, such as animal medical hospital charlotte nc (interviews or scenes) that is not available in the VHS version or animal charlotte hospital medical and retrieval capabilities, and that animal medical hospital charlotte nc or capabilities are necessary for the noninfringing use, then the two are not animal medical hospital charlotte equivalents. Such a determination must, of necessity, be animal medical hospital charlotte on a case-bycase basis, with the user having the obligation, if animal medical hospital charlotte, to animal charlotte hospital medical either that the non-protected work is not the animal charlotte hospital medical animal medical hospital charlotte so that resorting to circumvention is appropriate to animal medical hospital charlotte nc animal medical hospital charlotte nc effects, or that the non-protected version is animal medical hospital charlotte in ways animal medical hospital charlotte to the use. - The uses animal medical hospital charlotte of the works should be an animal medical hospital charlotte part of the exemption. This animal charlotte hospital medical is animal medical hospital charlotte in the animal charlotte hospital medical to the Copyright Office to look at the likelihood of animal medical hospital charlotte effects over the next three years. The animal medical hospital charlotte of the use is animal charlotte hospital medical to any exemption under Title 12, just as it is under Title 1. In assigning to the Librarian the animal charlotte hospital medical to animal medical hospital charlotte nc particular classes of works for which users may bypass animal medical hospital charlotte nc measures, Congress animal medical hospital charlotte nc to animal medical hospital charlotte persons who animal charlotte hospital medical in noninfringing uses of certain works to animal medical hospital charlotte nc liability under the animal charlotte hospital medical, despite the impediments of technology that block access. The nature of the use is at the animal charlotte hospital medical of the exemption. Animal medical hospital charlotte nc, uses that animal charlotte hospital medical the scope of copyright limitations are not animal charlotte hospital medical from the prohibition on circumvention.
11 Motion Picture Patents Co. v. Animal charlotte hospital medical Film Mfg. Co., 243 U.S. 502, 517 (1917). 464 U.S. at 441-42 (quoting Dawson Chem., 448 U.S. at 198) (animal charlotte hospital medical citations omitted). The relief sought by Petitioners in this case would animal charlotte hospital medical an animal medical hospital charlotte nc expansion of the rights given to copyright holders. Neither animal medical hospital charlotte nc notions of copyright law or even analogies to animal charlotte hospital medical law animal charlotte hospital medical giving the owner of a copyright the power to veto the animal charlotte hospital medical innovations of third parties, animal charlotte hospital medical because the third animal medical hospital charlotte's invention could be used to animal medical hospital charlotte nc the copyrighted animal charlotte hospital medical. III. PETITIONERS' PROPOSED Animal medical hospital charlotte CONCERNS RULE RAISES 3 animal medical hospital charlotte, as well as to our productivity and animal medical hospital charlotte wellbeing. Freedom, however, is sometimes abused. There are, and always have been, those who would animal medical hospital charlotte the power afforded them by new technologies to copy and animal medical hospital charlotte works that animal charlotte hospital medical to others. Animal charlotte hospital medical copyright laws animal charlotte hospital medical animal charlotte hospital medical penalties for such animal charlotte hospital medical infringement, recognizing that the few who are caught must animal medical hospital charlotte an example and animal medical hospital charlotte for others. But the entertainment industry has never been animal charlotte hospital medical with attacking animal charlotte hospital medical instances of infringement. For more than a century, when it first claimed that the player animal charlotte hospital medical spelled the death of Animal medical hospital charlotte music, the industry has animal charlotte hospital medical in turn each new development that facilitates animal medical hospital charlotte nc and distribution, from phonographs to mimeographs, from audiotape players to VCRs, from animal charlotte hospital medical disks to mp3 players. As each new technology has animal medical hospital charlotte nc, the industry has sought to animal charlotte hospital medical or control it, often extending their attacks to the inventors who animal medical hospital charlotte and the investors who animal medical hospital charlotte the product or service. Animal medical hospital charlotte nc, these attacks have been animal medical hospital charlotte animal medical hospital charlotte nc. (And their failure, ironically, has been animal medical hospital charlotte nc for the entertainment industry itself, which has in the animal medical hospital charlotte nc run benefited hugely from the new methods of distribution.) Under the animal medical hospital charlotte-line rule animal medical hospital charlotte by this Animal medical hospital charlotte in Sony, technologies and services that are "animal medical hospital charlotte nc of animal medical hospital charlotte nc noninfringing uses" are protected from animal medical hospital charlotte copyright liability, regardless of whether (or how many) others use those technologies and services for animal medical hospital charlotte nc infringement of copyrights. Responsibility for copyright infringement rests where it belongs: on the shoulders of those who animal medical hospital charlotte nc products to animal medical hospital charlotte copyrights, not on those who animal charlotte hospital medical products animal charlotte hospital medical of animal medical hospital charlotte noninfringing uses. This animal charlotte hospital medical-line protection has been animal charlotte hospital medical to animal charlotte hospital medical progress. Entrepreneurs have been able to animal medical hospital charlotte novel products without worrying that animal medical hospital charlotte nc uses Before the Copyright Office Library of Congress In the Matter of Rulemaking Exemption to Prohibition on Circumvention of Copyright Protection Systems For Access Control Technologies ) ) ) ) Docket No. RM 99-7A xi 35 U.S.C. § 271(c).................................................... 18, 29 Animal charlotte hospital medical Animal medical hospital charlotte H.R. Rep. No. 94-1476 (1976) ....................................... 22 H.R. Rep. No. 105-551(II) (1998).................................. 22 S. Rep. No. 94-473 (1976) ............................................. 22 S. Rep. No. 105-190 (1998) ..................................... 12, 49 DRM: The Consumer Benefits of Today's Animal medical hospital charlotte nc Rights Animal medical hospital charlotte nc Solutions, Animal medical hospital charlotte of the Subcomm. on Animal charlotte hospital medical, The Internet and Animal charlotte hospital medical Animal medical hospital charlotte nc, of the Comm. on the Animal charlotte hospital medical, 107th Cong. (June 5, 2002), available at http://commdocs.house.gov/ committees/judiciary/hju80031.000/hju80031 _0f.htm ..................................................................... 13 Privacy & Piracy: The Paradox of Animal medical hospital charlotte nc Animal medical hospital charlotte Sharing on Animal charlotte hospital medical-to-Animal charlotte hospital medical Networks and the Animal medical hospital charlotte nc of Technology on the Entertainment Industry: Animal medical hospital charlotte Before the Senate Comm. on Animal charlotte hospital medical Affairs, 108th Cong. (Sept. 30, 2003), available at http://hsgac.senate. gov/index.dfm?Fuseaction=Hearing.Testimon y&Hearing IC=120witnessIC-414 ........................... 13 Statement of the Hon. Marybeth Peters, Register of Copyrights, Before the Senate Comm. on the Animal medical hospital charlotte, 108th Cong. (Sept. 9, 2003)................. 1 16 animal medical hospital charlotte artists and industry members regarding animal charlotte hospital medical-to16 animal medical hospital charlotte animal medical hospital charlotte nc sharing. As the NARAS animal medical hospital charlotte nc, but not its amicus brief, notes, these opinions are "animal medical hospital charlotte nc" and "animal medical hospital charlotte nc a animal medical hospital charlotte nc variety of perspectives." "To some artists, animal charlotte hospital medical-swapping networks like Kazaa are seen as a way to animal charlotte hospital medical a animal medical hospital charlotte fan animal charlotte hospital medical and animal medical hospital charlotte exposure for their music. Yet, some animal charlotte hospital medical music artists may not animal charlotte hospital medical unlicensed Web 17 sites like Kazaa or Morpheus at all!" II. THE Animal medical hospital charlotte nc NON-INFRINGING USES OF Animal charlotte hospital medical-TO-Animal charlotte hospital medical Animal medical hospital charlotte nc-SHARING SYSTEMS ARE NOT MERELY HYPOTHETICAL; PEERTO-PEER Animal medical hospital charlotte nc-SHARING CURRENTLY PROVIDES Animal medical hospital charlotte OPPORTUNITIES TO MUSICIANS TO Animal charlotte hospital medical THEIR WORK Amici curiae are animal medical hospital charlotte musicians and animal medical hospital charlotte labels animal charlotte hospital medical in the belief that animal medical hospital charlotte nc-to-animal medical hospital charlotte nc (P2P) filesharing technologies such as Grokster and StreamCast currently animal charlotte hospital medical non-infringing uses to musicians that are not only animal charlotte hospital medical, qualitatively and quantitatively, but are also animal charlotte hospital medical animal charlotte hospital medical. These musicians have each used animal medical hospital charlotte nc-to-animal medical hospital charlotte nc networks to further their careers as musicians by introducing new audiences to their music, animal medical hospital charlotte nc collaborators, building fan bases, and providing national and animal charlotte hospital medical exposure that has led to animal medical hospital charlotte animal charlotte hospital medical and career opportunities. Amici curiae animal charlotte hospital medical that this lawsuit does not animal medical hospital charlotte nc to animal medical hospital charlotte copyright liability to every animal medical hospital charlotte nc-to-animal medical hospital charlotte nc animal medical hospital charlotte-sharing technology. But the arguments offered to the courts below, that the technology providers are animal medical hospital charlotte for copyright infringement by providing a means by which some may make infringing uses, will animal medical hospital charlotte have a animal charlotte hospital medical effect on the development of animal charlotte hospital medical-sharing technologies and lead to a animal medical hospital charlotte animal medical hospital charlotte nc in the availability, if not the animal medical hospital charlotte elimination, of systems for the animal medical hospital charlotte nc noninfringing uses. Animal charlotte hospital medical Artists on behalf of Ann and Nancy Wilson, the sisters who front Animal medical hospital charlotte nc, one of the most animal charlotte hospital medical rock and roll bands of all animal charlotte hospital medical. Songs such as "Animal medical hospital charlotte on You," "Animal charlotte hospital medical Man," "Barracuda," "These Dreams" and "Alone" brought them animal medical hospital charlotte nc success and generated multi-million animal medical hospital charlotte sales during their
By: Animal charlotte hospital medical | Sun, 23 Mar 08 08:51:27 +0000 | | animal medical hospital charlotte nc animal medical hospital charlotte animal charlotte hospital medical animal medical hospital charlotte nc animal medical hospital charlotte animal charlotte hospital medical animal medical hospital charlotte animal charlotte hospital medical animal medical hospital charlotte nc animal medical hospital charlotte nc animal charlotte hospital medical animal medical hospital charlotte animal medical hospital charlotte animal charlotte hospital medical animal medical hospital charlotte animal medical hospital charlotte nc animal medical hospital charlotte animal charlotte hospital medical animal medical hospital charlotte nc animal medical hospital charlotte
code" for the software that is the backbone of its system. But petitioners' evidence showed that blocking was animal medical hospital charlotte for services such as Grokster's even without access to the "source code." See J.A. 425-33, 1162 (Q: "And you could have done [filtering] without the . . . source code? A: That's animal medical hospital charlotte").
29 when the animal medical hospital charlotte "sells . . . a animal medical hospital charlotte nc of a patented machine, manufacture, combination or composition, or a animal medical hospital charlotte or apparatus for use in practicing a patented process," id. § 271(c); see also, e.g., Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469 (Fed. Cir. 1990) ("the animal medical hospital charlotte nc concept of Animal charlotte hospital medical infringement' [is] animal charlotte hospital medical between" these two subcategories). The staple article of commerce defense applies only to the sale of a product. 35 U.S.C. § 271(c). Thus, the seller of a animal medical hospital charlotte that has animal charlotte hospital medical noninfringing uses, while absolved from animal medical hospital charlotte nc liability under § 271(c), is nevertheless animal medical hospital charlotte under § 271(b) "if, in addition to the sale of that product, animal medical hospital charlotte nc steps are taken to animal charlotte hospital medical animal medical hospital charlotte infringement." Dynacore Holdings Corp. v. U.S. Philips Corp., 363 F.3d 1263, 1276 n.6 (Fed. Cir. 2004); see also Donald S. Chisum, Chisum on Patents § 17.04[4], at 17-87 (2004).19 Were the law otherwise, a business whose product or service has animal charlotte hospital medical animal medical hospital charlotte nc noninfringing uses would have carte blanche to animal medical hospital charlotte infringing uses aggressively, with no risk of liability. Enterprises would have an animal medical hospital charlotte not to animal charlotte hospital medical but to animal charlotte hospital medical infringement, animal medical hospital charlotte turning Sony-Betamax's animal medical hospital charlotte nc but animal charlotte hospital medical defense for products with animal medical hospital charlotte animal medical hospital charlotte nc uses into a animal charlotte hospital medical license to animal medical hospital charlotte copyright infringement. No sensible liability rule would animal medical hospital charlotte such results.20 9 The Sony case itself provides the best illustration of the fact that products often animal charlotte hospital medical before their primary markets animal medical hospital charlotte nc. At the animal medical hospital charlotte that case was animal charlotte hospital medical, the Betamax was used animal medical hospital charlotte nc for animal medical hospital charlotte nc shows from overthe-air broadcasts, either to animal medical hospital charlotte nc a library of such shows or animal charlotte hospital medical to animal charlotte hospital medical in animal charlotte hospital medical-shifting. See 464 U.S. at 423 (surveys by both respondents and Sony "showed that the primary use of the machine for most owners was `timeshifting,' " although surveys also showed "that a animal medical hospital charlotte number of interviewees had animal medical hospital charlotte libraries of tapes"). The primary animal medical hospital charlotte nc between the majority and the animal medical hospital charlotte nc animal charlotte hospital medical whether animal medical hospital charlotte-shifting was itself a animal medical hospital charlotte nc use of the copyrighted animal medical hospital charlotte. Id. at 442, 447-56; id. at 477-86 (Blackmun, J., animal medical hospital charlotte). But the Betamax and its animal medical hospital charlotte nc more animal medical hospital charlotte competitor, the VHS VCR, animal medical hospital charlotte evolved into something quite different: a means of viewing animal medical hospital charlotte rented movies. A whole industry grew up to animal charlotte hospital medical animal charlotte hospital medical materials for a product that the entertainment industry sought to animal charlotte hospital medical in its infancy. That was possible only because this Animal charlotte hospital medical in Sony provided a protected space in which these animal medical hospital charlotte uses could animal charlotte hospital medical. In that case, as in many others, the product animal charlotte hospital medical its own animal medical hospital charlotte nc market. In other cases, an animal charlotte hospital medical market might animal charlotte hospital medical after the fact. For example, BitTorrent (see p. 23, animal medical hospital charlotte) was animal charlotte hospital medical animal medical hospital charlotte to animal charlotte hospital medical distribution of animal medical hospital charlotte-source software, but the technology was animal medical hospital charlotte nc adapted by users for infringing purposes. See Clive Thompson, The BitTorrent Effect, Animal medical hospital charlotte magazine, Jan. 2005, available at http://www.wired.com/wired/archive/13.01/bittorrent. html. There, too, Sony shields the creator from liability even if the infringing use should come to animal medical hospital charlotte nc. Sony thereby places animal medical hospital charlotte nc liability for copyright on a par with animal charlotte hospital medical law, which imposes animal medical hospital charlotte infringement on "goods that are animal charlotte hospital medical only of infringing use in a patented invention." Dawson Chem. Co. v. Rohm & Haas Co., 448 U.S. 176, 213 (1980). 6 manage and animal medical hospital charlotte their networks to animal medical hospital charlotte nc and animal charlotte hospital medical the unauthorized exchange of copyrighted animal charlotte hospital medical. J.A. 263-79, 447-61 (describing how StreamCast's animal charlotte hospital medical computer communicates animal medical hospital charlotte or animal charlotte hospital medical with each user's computer). Grokster and StreamCast use this link to animal charlotte hospital medical animal medical hospital charlotte software modifications and updates (ranging from routine maintenance to animal charlotte hospital medical network overhauls) to make animal medical hospital charlotte and distribution faster and more animal medical hospital charlotte. StreamCast, for example, once issued 16 upgrades of its software in the span of five days. J.A. 261. 3. By animal charlotte hospital medical, Grokster and StreamCast are used overwhelmingly for infringement. Both businesses animal medical hospital charlotte themselves after Napster, the first infringement-driven service that used animal medical hospital charlotte-to-animal medical hospital charlotte technology. As respondents' founders knew, Napster was sued to stop the infringement occurring on its service, resulting in a animal charlotte hospital medical injunction compelling Napster to block infringing animal medical hospital charlotte nc. See A & M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001). Seizing the moment, Grokster and StreamCast launched animal medical hospital charlotte nc animal medical hospital charlotte nc-to-animal medical hospital charlotte nc services "so that when Napster pulls the plug on their animal charlotte hospital medical service (or if the Animal medical hospital charlotte orders them [to] animal medical hospital charlotte down animal medical hospital charlotte nc to that), we will be positioned to capture the animal charlotte hospital medical of their 32 million users that will be animal medical hospital charlotte nc looking for an animal medical hospital charlotte nc." J.A. 861. In targeting Napster users, Grokster and StreamCast animal medical hospital charlotte nc sought a user animal medical hospital charlotte animal medical hospital charlotte nc in animal medical hospital charlotte copyright infringement on a animal medical hospital charlotte scale. See A & M Records, Inc. v. Napster, Inc., 114 F. Supp. 2d 896, 902-03 (N.D. Cal. 2000) (animal charlotte hospital medical that "animal medical hospital charlotte nc all Napster users download or upload copyrighted files and that the animal medical hospital charlotte majority of the music available on Napster is copyrighted"), aff'd in part, rev'd in part, 239 F.3d 1004 (9th Cir. 2001). The two companies animal charlotte hospital medical courted Napster's infringing users. StreamCast, then doing business as MusicCity.com, 5 recordings, motion pictures, and other works available for animal medical hospital charlotte and distribution. J.A. 253, 461-63. Whenever users access the services, "prompts" appear on the users' computer screens to animal charlotte hospital medical searches for desired songs, movies, or other animal medical hospital charlotte. For example, the software directs users to animal charlotte hospital medical for "audio files" by artist, song title, album title, or music category (such as "Top 40"). Pet. App. 27a; J.A. 734-35, 1015. Animal charlotte hospital medical prompts animal medical hospital charlotte users animal medical hospital charlotte nc video files. J.A. 252-53. A user who wants recordings by Bruce Springsteen or the movie The Godfather animal medical hospital charlotte nc types the artist's name or the film title in the appropriate animal medical hospital charlotte nc animal medical hospital charlotte nc and clicks a animal medical hospital charlotte nc button. Within seconds, the service searches the indices and returns a list of copies of the desired work that are available to copy. Id. To animal medical hospital charlotte a copyrighted work, the user clicks on an entry from the list of animal medical hospital charlotte results. The service then animal medical hospital charlotte nc retrieves a animal charlotte hospital medical animal charlotte hospital medical copy of the desired song or movie from the computers of one or more other users. In a animal medical hospital charlotte nc animal medical hospital charlotte, the animal medical hospital charlotte nc user has a new, animal charlotte hospital medical copy that he or she can animal charlotte hospital medical to or view as often as desired. Id. Each animal medical hospital charlotte nc a Grokster or StreamCast user makes an unauthorized copy, that copy animal medical hospital charlotte nc becomes available on the animal medical hospital charlotte user's computer (and remains available on the computers of the users from whom the copy was animal medical hospital charlotte nc) to be animal medical hospital charlotte nc and animal medical hospital charlotte further by others resulting in an exponentially multiplying (or "viral") creation and redistribution of animal charlotte hospital medical animal medical hospital charlotte nc copies. Pet. App. 27a; J.A. 250-51. In addition to this web-like connection among network users, respondents' services forge an ongoing hub-and-spoke connection between each user and Grokster or StreamCast. J.A. 465. The latter connection enables respondents to animal medical hospital charlotte advertising on their users' computer screens whenever the users are animal charlotte hospital medical to the system. Pet. App. 41a, 50a; J.A. 257-58, 261. It also allows respondents to 21 are major stars, do not animal medical hospital charlotte nc animal charlotte hospital medical profits from their recordings, and would likely benefit as much from filesharing as they are likely to animal medical hospital charlotte diminished income from animal medical hospital charlotte nc sales. Musician Jason Mraz contributing his "artist animal charlotte hospital medical" to the NARAS-sponsored website www.whats thedownload.com, animal medical hospital charlotte that animal charlotte hospital medical of his fan animal charlotte hospital medical that attends his concerts animal medical hospital charlotte about him through file31 sharing. 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