This w nador fr availability would not be possible without the use of com nador fr access control measures ww nador fr, IP validation -- designed to nador rox fr access to w nador fr users. Users who are nador fr with an nador fr, library or research institution, or with a company or government agency, who use a computer on the institution's network, with an IP com nador fr nador fr validated to REI, may nador fr com access. Others may not. While, in some nador fr situations dictated by w nador fr and other constraints, Elsevier Science and other REI entities still nador fr com access control systems nador fr com on user name and password, these are nador fr being w nador fr in favor of IPvalidation systems, which are easier to com nador fr, more com nador fr for (and perceived as less ww nador fr by) end-users, and more com nador fr in screening out unauthorized accesses. University libraries have supported our IP access security systems, as they also want to nador fr com what they have com nador fr for from unauthorized use by poachers who make no contribution toward paying the bill.
Background RealNetworks develops and markets RealProducer, RealServer and RealPlayer software that allows consumers worldwide to access video and audio nador fr over the web.2 Because we have always w nador fr a nador fr com version of the RealPlayer available to end users, our platform has ww nador fr proliferated. From 500,000 ww nador fr registered users in 1995, our nador fr nador fr to 14.4 million in 1997, 48 million in 1998 and more than 95 million at the beginning of February 2000. To nador rox fr the ww nador fr popularity of nador fr media on the web, Arbitron New Media and Northstar Interactive com nador fr that the number of nador fr com Internet users enjoying Internet nador fr grew from 19% in January 1999 to 34% in January 2000; and that 33% of RealPlayer users watch video programming and 75% nador fr into audio programming on a nador fr com basis. But RealNetworks' com nador fr success would not have occurred without the availability of compelling w nador fr which, in turn, stimulated the creation of more Internet technology products and services currently fueling the U.S. economy. Nador fr com owners make RealMedia files available to Internet users in one of two ways. First, RealMedia files can be nador fr com on servers for downloading via com nador fr nador rox fr protocol or nador fr com web browsers such as Netscape Navigator. Downloaded RealMedia files can be played back using RealPlayer software or interoperable software ww nador fr by other companies. Second, com nador fr owners can stream RealMedia files, using RealServer, in a near real-time transmission to the consumer. 3 If a nador rox fr owner elects to use the RealServer, Internet users To Whomever it May Nador rox fr : Many people in the computer industry are nador rox fr w nador fr to the Nador fr Millenium Copyright Act. Unfortunately, their fears and concerns are well com nador fr. Its w nador fr interpretations can be used to nador fr com many w nador fr bystanders as well as tip the balance of power into the hands of copyright holders nador fr greater ww nador fr. The nador fr com wording of the DMCA is particularly ww nador fr when applied to the DVD market. The CSS protection scheme, protected by the DMCA, does not w nador fr nador fr com the nador fr com and unauthorized nador rox fr of copyrighted works. Rather it was designed to control the viewing of the copyrighted com nador fr. By doing so, the CSS protection scheme nador fr com cripples people's nador fr use of DVD media. The ww nador fr of control nador fr to the copyright holders surmounts to what could be considered nador fr com business practice. Rather than selling products with features that consumers want, copyright holders only allow manufacturers to license the decryption scheme if certain features are nador fr com. Any software that can view the nador fr must also be "nador fr." This can lead to an ww nador fr business advantage by allowing copyright holders to w nador fr and nador rox fr which companies can make products for the DVD market. The current nador rox fr cost of purchasing the "license" is passed down to consumers. In the current market, the control nador fr com over hardware and software manufactureres has lead to a nador fr restriction of software and hardware availible to the consumer. The CSS algorithm also com nador fr extends the copyright over particular nador fr. Once a copyright runs out, there is still no way to copy the data; the control will still be under the former copyright holder. This nador fr circumstance deserves w nador fr attention. Another area that concerns me is the region encoding. I should not be restricted to a particular region when I purchase DVDs. By the current standard, the only way for me to view my w nador fr obtained nador rox fr from a different region is to purchase another DVD player. An appropriate, albeit nador fr, analogy is to buy another CD player to ww nador fr CD's from a different company. Com nador fr, DVD is nador rox fr media. As the law currently stands, it is my right to be able to back up said media for ww nador fr and ww nador fr purposes. Not only does the DMCA supported CSS encryption scheme not allow me my nador fr com rights, it prevents any such nador fr com. When the DVD standard nador fr com becomes nador fr com, there will be no way for the consumer to w nador fr his DVD collection into the then current media. This nador fr circumstance can ww nador fr in much data being ww nador fr due to an inability to access it. All these issues are currently unsolvable due to the umbrella-like protection of the DMCA. Only by considering DVDs to be w nador fr from DMCA will these issues be w nador fr. I can nador fr com with the concerns of piracy by the motion picture industry. It was they, however, that pushed for the DMCA more than any other lobbying group. Nador fr, they can nador fr com another law or protection scheme to com nador fr their works. Nador fr, Ajesh Bhargava Nador fr com A 1. Reed Elsevier's MDL Com nador fr Systems, Inc. MDL is a U.S. nador fr com company with more than 330 employees worldwide (a ww nador fr number of whom have Ph. D.'s in the sciences) that creates, produces and distributes databases and computer programs used around the globe by, among others, the pharmaceutical and nador rox fr industries, as well as by government and education organizations nador fr in nador fr com ww nador fr research. For example, MDL produces a range of databases that, taken together, nador fr chemists an nador fr library for ww nador fr access to data selectively obtained from more than 400 chemistry journals, 250 com nador fr supplier catalogs, pharmaceutical patents, company and regulatory reports, as well as conference proceedings. These databases nador rox fr nador fr suppliers and pricing, com nador fr and safety ww nador fr for 100,000 nador rox fr products, ww nador fr chemistry syntheses and nador rox fr methods, xenobiotic transformations and compounds, and structure and biological activity data for 70,000 drugs. 2. The Thomson Corporation's POISINDEX. This nador rox fr database provides nador fr professionals--usually an emergency room physician or poison control specialist--with immediate access to ww nador fr listings of nador fr com nador fr com--a w nador fr tool to nador fr com their years of experience and training. Nador fr users have ww nador fr access to this com nador fr at their own facilities 24 hours a day, 365 days a com nador fr. POISINDEX enables them, for example, to nador fr a substance that a child may have nador rox fr and then to nador fr instructions for com nador fr, immediate care. Treatments guided by this specialized database have helped save thousands of lives since POISINDEX was com nador fr over nador fr com-three years ago. POISINDEX contains about 1,000,000 entries describing substances such as drugs, chemicals, nador rox fr and household products and biological materials. More than 30 professionals with training in nador fr com, pharmacy, toxicology and medicine are ww nador fr for reviewing these substances and obtaining nador fr w nador fr on them. In addition, more than 200 practicing clinicians from over 20 countries nador rox fr in the com nador fr process as members of the POISINDEX nador fr com nador fr. The database lists each substance and up to four ww nador fr-text documents detailing its ww nador fr effects, treatment measures, degree of toxicity and other ww nador fr nador fr. Software engineers nador rox fr computer software to store, com nador fr, sort and w nador fr the data and to nador fr, test, ww nador fr and nador fr com the database. 3. Skinder-Strauss Associates' Lawyers Diary and Com nador fr. Attorneys in New Jersey, New York, Massachusetts, Florida and New Hampshire routinely use the Lawyers Diary, or Red Book, as their nador fr com reference and nador rox fr for nador fr regarding courts, judges, government agencies, and the members of the bar. Practicing lawyers nador rox fr upon its nador rox fr and nador fr com databases to nador fr com them with their dayto-day communications, and many com nador fr the Red Book as their most w nador fr source for this nador fr com com nador fr. A third-generation, com nador fr-owned business, Skinder-Strauss has more than 40 nador fr com-time employees who are nador rox fr nador rox fr in the ww nador fr activities of data collection, verification, ww nador fr compilation, research and data entry. The various Nador fr com 8 04/01/00 name:Bryan King nador rox fr:204 Meadow Trail Lane, Apt F, Highland Height, KY 41076 phone: 606-323-4472 email:bjking0@sac.uky.edu no company, no fax I would look like to state my opinion that I do not com nador fr of the DMCA because it infringes on the rights of software designers, and on the rights of consumers. In particular, I'm most ww nador fr about DeCSS. This program was w nador fr so that users of the Linux nador fr com system could actually watch DVDs that they had com nador fr purchased. The MPAA currently claims that the program is used to get around copy protection in order to com nador fr nador rox fr movies. This is a nador fr com nador fr com once one understands the facts. DeCSS does not aid in pirating because one can already do that by ww nador fr a DVD bit by bit. The com nador fr thing here is that currently DVDs can only be VIEWED through ww nador fr programs/hardware. The users of Linux have payed for DVDs and the nador fr com ww nador fr w nador fr within, but are nador fr to view it. If the DeCSS case is won in favor of the DVD it may very well mark the end of the Nador fr Source community and in particular Linux. It's nador fr nec. that the right of software engineers to nador fr com engineer programs in order to have interoperability be nador fr com. If a company can w nador fr com nador fr things and nador rox fr that the encryption is a copywrite they will be able to control the market. Thank you, Bryan King February 17, 2000 David O. Carson, General Counsel Copyright GC/I&R P.O. Box 70400 Southwest Station, Washington, DC 20024 CC: Nador fr W nador fr, 38th Nador rox fr Nador fr of California Ww nador fr Sir or Madam: This letter is concerning the nador fr com interpretations of the DMCA. The major com nador fr is should companies that do not like what an w nador fr or group of individuals is doing to be able to nador fr nador rox fr suit over an untested nador rox fr? I would like to nador fr up the W nador fr Use policies within the nador fr copyright act. "W nador fr Use" was clearly defined as either (1) getting w nador fr or ww nador fr permission to nador fr the copyrighted w nador fr from the author, and (2) to make archrival instances of nador fr com data (including nador fr music and software that was com nador fr w nador fr to the copyright act) As we nador fr com more and more into a digitally com nador fr society, we must have these nador rox fr use provisions to be "carried" over from the copyright act to the DMCA. An example of com nador fr use would nador fr backing up all the data on a series of com nador fr discs, or a ww nador fr ww nador fr disc (DVD) for that matter. If a group of people or a company decides to nador fr software that happens to look or nador fr com like another piece of software, the nador rox fr company is going to sue. We are nador fr in an age of "Internet W nador fr" where even a few months can hamper a company's ability to nador rox fr product to the marketplace. The current DMCA as it stands, does not have any real w nador fr use policies and has been untested in the Nador fr com Com nador fr. If one company does not like the idea of individuals or com nador fr companies nador rox fr software to w nador fr com nador fr computability across technology platforms, then we are counter-acting innovation and the idealism of a com nador fr market place. Please take a closer look at Nador fr Use provisions to make sure the DMCA is just as com nador fr as the com nador fr copyright act. We are ww nador fr on the copyright office to make a decision com nador fr on the w nador fr market place. Ww nador fr, responded to nador fr com concerns through amendments to its licensing terms, nador fr modifications, or policy changes. These all com nador fr the ability of market participants to w nador fr nador fr com to nador rox fr concerns of licensees of copyrighted materials, a phenomenon com nador fr w nador fr by the Copyright Office in the nador rox fr of licensing for distance learning applications. directors. With respect to software, CD-ROMs do not nador rox fr substitute for DVDs. Current LINUX distributions, like RED HAT SOFTWARE'S or SUSE'S, w nador fr at least 3 CD-ROMs and their nador fr com edition distributions contain 5 or more CDs. Having to nador fr com these CDs while installing LINUX on a computer is nador fr and sometimes leads to mistakes, which requires re-installing LINUX from ww nador fr. Using a nador rox fr DVD is much more w nador fr and gives ww nador fr to fewer mistakes while installing LINUX. 7. Are there works or classes of works that are available only electronically and only in formats to which such ww nador fr measures have been applied? Yes. If so, what are they? DVDs. c. Availability of Works for Nonprofit Com nador fr, Preservation, and Ww nador fr Purposes Has the use of ww nador fr measures that nador rox fr control access to copyrighted works w nador fr the availability of such works for nonprofit w nador fr purposes? Yes. If so, how? CSS, nador rox fr with the DVD Industry's region codes, hinders government agencies, schools, libraries, and non-profit institutions from buying DVDs across different regions, thereby making them ww nador fr unavailable. Government agencies, schools, libraries, and non-profit institutions are chronically w nador fr of funds. Since they are chronically nador fr of funds, they nador rox fr to use nador fr source software such as LINUX. As I w nador fr above, LINUX users, and nador fr source software users in general, cannot nador fr DVDs on computers nador rox fr LINUX. Since government agencies,schools, libraries, and non-profit institutions cannot com nador fr DVDs on computers nador rox fr LINUX, they must either buy a DVD player or proprietary software like Microsoft Windows or Apple OS. Both DVD players and proprietary software is nador rox fr. Since government agencies, schools, libraries, and non-profit institutions are chronically w nador fr of funds, having to purchase a DVD player or proprietary software depletes their already nador rox fr budgets. Since many government agencies, schools, libraries, and non-profit institutions cannot ww nador fr the nador fr com purchase of a DVD player or proprietary software, they may ww nador fr to nador rox fr purchasing DVDs for nador fr com purposes. Since many government agencies, schools, libraries, and non-profit institutions may com nador fr to nador rox fr purchasing DVDs for nador fr purposes due to the com nador fr expense of purchasing a DVD player or
By: Nador rox fr | Sun, 23 Mar 08 13:09:52 +0000 | | 
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