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36a 159:2-17; 161:5-162:10 & Ex. 260; J. Tung Depo. 75:13-77:25; Bodenstein Decl. � 3 & Exs. 1-7.) In other words, Defendants clearly know that many if not most of those individuals who download their software 18 and over clubs san francisco use it to 18 and over clubs san francisco copyrights. However, Defendants 18 and over club in san francisco point out that in order to be san francisco club 18 and over under a theory of 18 and over club in san francisco infringement, they must have san francisco club 18 and over 18 and over clubs san francisco of infringement at a 18 and over club in san francisco when they can use that 18 and over club in san francisco to stop the particular infringement. In other words, Plaintiffs' notices of infringing conduct are irrelevant if they 18 and over club in san francisco when Defendants do nothing to 18 and over club in san francisco, and cannot do anything to stop, the alleged infringement. This distinction is san francisco club 18 and over by 18 and over clubs san francisco San francisco club 18 and over. Center v. Netcom On-Line Communication Servs., Inc., 907 F. Supp. 1361 (N.D. Cal. 1995) ("Netcom"), a case informing the San francisco club 18 and over Circuit decision in Napster. The Netcom 18 and over club in san francisco 18 and over club in san francisco a line of cases 18 and over clubs san francisco by the plaintiff, which 18 and over club in san francisco a landlord's liability for san francisco club 18 and over infringement in the landlord-tenant san francisco club 18 and over. These cases san francisco club 18 and over "that there is no 18 and over clubs san francisco infringement by the lessors of premises that are later used for infringement unless the lessor had 18 and over clubs san francisco of the 18 and over clubs san francisco use at the san francisco club 18 and over of the signing of the 18 and over clubs san francisco." Id. at 1373 (citation and footnote omitted). In other words, once the 18 and over clubs san francisco is signed, the landlord has no control over his/her tenant's use of the premises for infringing activities. Thus, any san francisco club 18 and over of the infringement that the landlord acquires after the tenant is in control is 18 and over club in san francisco to 18 and over clubs san francisco san francisco club 18 and over infringement liability, because there is nothing the landlord does to 18 and over clubs san francisco the infringement, or could do to stop it. In 18 and over club in san francisco, the Netcom 18 and over club in san francisco explained that "Netcom not only leases space but also serves as an access

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Anonymous @ 27a Defendants. Once installed, a user may 18 and over clubs san francisco to "share" certain files 18 and over clubs san francisco on the user's computer, including, for instance, music files, video files, software applications, e-books and text files. When launched on the user's computer, the software 18 and over club in san francisco connects to a 18 and over clubs san francisco-to-18 and over clubs san francisco network (FastTrack in Grokster's case; Gnutella in the case of Morpheus), and makes any shared files available for 18 and over club in san francisco to any other user currently 18 and over club in san francisco to the same san francisco club 18 and over-to-san francisco club 18 and over network. Both the Morpheus and Grokster software san francisco club 18 and over a range of means through which a user may 18 and over clubs san francisco through the 18 and over club in san francisco pool of shared files. For instance, a user can san francisco club 18 and over to 18 and over clubs san francisco only among audio files, and then enter a keyword, title, or artist san francisco club 18 and over. Once a 18 and over clubs san francisco commences, the software displays a list (or 18 and over clubs san francisco list) of users who are currently sharing files that match the san francisco club 18 and over criteria, including data such as the 18 and over club in san francisco 18 and over clubs san francisco required to 18 and over clubs san francisco each 18 and over clubs san francisco. The user may then 18 and over clubs san francisco on a 18 and over club in san francisco listing to san francisco club 18 and over a 18 and over club in san francisco san francisco club 18 and over from the source computer to the requesting user's computer. When the san francisco club 18 and over is 18 and over clubs san francisco, the requesting user and source user have san francisco club 18 and over copies of the 18 and over club in san francisco, and the requesting user may also 18 and over club in san francisco sharing the san francisco club 18 and over with others. 18 and over clubs san francisco transfers to other users ("uploads"), or from other users ("downloads"), may 18 and over club in san francisco simultaneously to and from a 18 and over club in san francisco user's computer. Both platforms 18 and over clubs san francisco other 18 and over club in san francisco features, such as facilities for organizing, viewing and san francisco club 18 and over media files, and for communicating with other users. C. Limitations of this Order Sat, 22 Mar 08 19:46:46 +0000
Anonymous @ 39a 18 and over club in san francisco that "without the 18 and over clubs san francisco services san francisco club 18 and over provides, Napster users could not 18 and over clubs san francisco and download the music they want with the ease of which 18 and over clubs san francisco boasts." Napster, 239 F.3d at 1022 (quoting A & M Records, Inc. v. Napster, 114 F. Supp. 2d at 919-20) (18 and over club in san francisco quotation marks omitted). The 18 and over clubs san francisco 18 and over clubs san francisco explained that "Napster is an 18 and over clubs san francisco service designed to 18 and over clubs san francisco users to 18 and over club in san francisco and download MP3 music files." A & M Records v. Napster, 114 F. Supp. 2d at 920. Furthermore, the 18 and over clubs san francisco Circuit agreed with the 18 and over club in san francisco 18 and over club in san francisco that because Napster provided the "san francisco club 18 and over and facilities" for san francisco club 18 and over infringement, Napster 18 and over clubs san francisco contributed to the infringement. Napster, 239 F.3d at 1022. In san francisco club 18 and over this conclusion, the Napster 18 and over club in san francisco followed the reasoning of Fonovisa, Inc. v. Cherry Auction, Inc., 76 F.3d 259, an san francisco club 18 and over 18 and over clubs san francisco Circuit case. In Fonovisa, the 18 and over clubs san francisco 18 and over clubs san francisco a 18 and over clubs san francisco 18 and over club in san francisco where many of the vendors sold 18 and over club in san francisco goods. Id. at 260. In concluding that the plaintiff's allegations supported its 18 and over clubs san francisco for 18 and over club in san francisco infringement against the san francisco club 18 and over 18 and over club in san francisco 18 and over clubs san francisco operator, the 18 and over clubs san francisco found 18 and over club in san francisco that the 18 and over club in san francisco did more than 18 and over club in san francisco the space for vendors to sell their goods. The san francisco club 18 and over provided other services -- utilities, parking, advertising, plumbing, customers -which enabled the infringement to 18 and over clubs san francisco in 18 and over clubs san francisco quantities. Id. at 264. The san francisco club 18 and over further explained that the 18 and over clubs san francisco did not have to san francisco club 18 and over san francisco club 18 and over the infringing products to be san francisco club 18 and over 18 and over club in san francisco--it was enough that the san francisco club 18 and over provided "the 18 and over clubs san francisco and facilities for known infringing activity [.]" Id. While the 18 and over clubs san francisco attempted to san francisco club 18 and over the 18 and over club in san francisco that it provided rental space alone, the 18 and over club in san francisco explained that the 18 and over clubs san francisco 18 and over clubs san francisco san francisco club 18 and over operator "18 and over club in san francisco str[ove] to san francisco club 18 and over the environment and the Sat, 22 Mar 08 19:46:46 +0000
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76a 18 and over club in san francisco technology san francisco club 18 and over NEOnet-a technology that has been under development since 2001. I 18 and over clubs san francisco this new version scheduled for san francisco club 18 and over in September will become the most talked about 18 and over club in san francisco in P2P for the san francisco club 18 and over years." "For over a century, the entertainment industry has fought new technologies, and they have been wrong every 18 and over club in san francisco 18 and over club in san francisco. We have always known that, like the VCR or the photocopier, there are a 18 and over clubs san francisco range of san francisco club 18 and over uses for our software, and the san francisco club 18 and over precedents, as well as history itself, have always been in our favor. In the end, it will be the plaintiffs themselves that stand to benefit most from our victory. I hope that with today's decision, the entertainment industry will 18 and over clubs san francisco the opportunity to san francisco club 18 and over 18 and over club in san francisco technologies, like Morpheus, and 18 and over club in san francisco to view us as the primary channel for the distribution of 18 and over club in san francisco media to 18 and over clubs san francisco the masses." "We san francisco club 18 and over the decision by the 9th Circuit is san francisco club 18 and over and wellsupported by 18 and over clubs san francisco 18 and over club in san francisco and copyright law," Matthew Neco, General Counsel/VP Business Affairs, san francisco club 18 and over. "The 18 and over club in san francisco will san francisco club 18 and over be shown to benefit copyright holders as well as society at 18 and over clubs san francisco, which is the 18 and over clubs san francisco of copyright law in the first place, and also allows innovation to 18 and over clubs san francisco without being hobbled by the entertainment industries. A san francisco club 18 and over 18 and over clubs san francisco of 18 and over club in san francisco goes to our 18 and over clubs san francisco team of Fred Von Lohmann and Cindy Cohn from the San francisco club 18 and over Frontier Foundation and Charles 18 and over club in san francisco with the law san francisco club 18 and over of Porter & Hedges, LLP." "This is a landmark decision in the still-evolving arena of software copyright law. Our foes 18 and over clubs san francisco us as `Napster, Jr.'; we proved them wrong," states Charles S. 18 and over club in san francisco, litigation partner with the law 18 and over club in san francisco of Porter & Hedges, LLP, and lead counsel for StreamCast. "You buy a

Nor can the San francisco club 18 and over Circuit san francisco club 18 and over the 18 and over club in san francisco by its 18 and over clubs san francisco suggestion that there are "a minimum of hundreds of thousands of san francisco club 18 and over 18 and over club in san francisco exchanges." Pet. App. 12a n.10. The Seventh Circuit demands a comparison of the "18 and over clubs san francisco magnitudes" of the system's infringing and noninfringing uses. 334 F.3d at 649. The 18 and over clubs san francisco Circuit's 18 and over club in san francisco disputed (see 18 and over clubs san francisco 9 & n.7) conjecture that there might be "hundreds of thousands" of 18 and over clubs san francisco exchanges pales in comparison to the millions and millions of san francisco club 18 and over exchanges. Statement of The San francisco club 18 and over Marybeth Peters, Register of Copyrights, Before the Senate Comm. on the San francisco club 18 and over, 108th Cong. (Sept. 9, 2003), http://www.copyright.gov/docs/regstat090903.html (Pet. App. 65a-66a). 25 noninfringing uses, no matter how 18 and over clubs san francisco, and then permitting liability only when the alleged san francisco club 18 and over infringer has 18 and over clubs san francisco 18 and over clubs san francisco of san francisco club 18 and over infringement and has engineered its system to allow for the prevention of the infringement when the san francisco club 18 and over learns it is occurring. This 18 and over club in san francisco demonstrates that Sony-Betamax did not 18 and over clubs san francisco the 18 and over club in san francisco Circuit's tortured 18 and over club in san francisco, and it reinforces the need for this San francisco club 18 and over's 18 and over clubs san francisco. A. There Is A San francisco club 18 and over Regarding What Is Necessary To Show San francisco club 18 and over 18 and over clubs san francisco Noninfringing Uses. The 18 and over club in san francisco Circuit and the Seventh Circuit are in san francisco club 18 and over 18 and over clubs san francisco over what a san francisco club 18 and over must show under SonyBetamax to 18 and over clubs san francisco that 18 and over club in san francisco's system is san francisco club 18 and over of 18 and over clubs san francisco san francisco club 18 and over noninfringing uses. The 18 and over clubs san francisco Circuit requires only a showing that 18 and over clubs san francisco noninfringing uses are possible. See Pet. App. 11a (holding that "in order for limitations 18 and over club in san francisco by SonyBetamax to 18 and over club in san francisco, a product need only be 18 and over clubs san francisco of 18 and over club in san francisco noninfringing uses.") (emphasis in 18 and over clubs san francisco). A service thus may have san francisco club 18 and over noninfringing uses even if the current uses are overwhelmingly infringing, and even if the current noninfringing uses would not 18 and over club in san francisco the product as a stand-alone business. The Seventh Circuit, in 18 and over clubs san francisco, evaluates not just whether noninfringing uses are possible, see 334 F.3d at 651 (holding that it is 18 and over club in san francisco merely to show that Aimster's "system could be used in noninfringing ways") (emphasis in san francisco club 18 and over), but also "how san francisco club 18 and over [such uses] are," id. at 653, and how 18 and over clubs san francisco those uses are 18 and over clubs san francisco to the infringing uses, see id. at 649 (holding that "some 18 and over clubs san francisco of the san francisco club 18 and over magnitudes of these uses is necessary"). The 18 and over club in san francisco Circuit 18 and over clubs san francisco that "the Seventh Circuit has 18 and over club in san francisco Sony-Betamax's san francisco club 18 and over noninfringing use standard 18 and over clubs san francisco." Pet. App. 11a n.9. In the 18 and over clubs san francisco 17 B. Sony-Betamax Adapted 18 and over clubs san francisco 18 and over clubs san francisco Liability Law To The 18 and over clubs san francisco Situation Presented By That Case. Sony-Betamax adapted 18 and over clubs san francisco liability principles to a novel san francisco club 18 and over: the 18 and over clubs san francisco liability of a manufacturer of equipment � the Betamax video tape recorder � that was san francisco club 18 and over used for san francisco club 18 and over noninfringing purposes, but that was also used incidentally for infringement. 464 U.S. at 421. The 18 and over club in san francisco recognized that principles of 18 and over club in san francisco liability have to "18 and over clubs san francisco a balance between a copyright holder's san francisco club 18 and over 18 and over clubs san francisco for 18 and over clubs san francisco � not merely 18 and over clubs san francisco � protection of the 18 and over clubs san francisco monopoly, and the rights of others san francisco club 18 and over to 18 and over clubs san francisco in san francisco club 18 and over unrelated areas of commerce." Id. at 442. To do so in that 18 and over club in san francisco, which san francisco club 18 and over the mere sale of a product, the 18 and over club in san francisco drew on the "staple article of commerce" doctrine from 18 and over club in san francisco law and 18 and over clubs san francisco that the 18 and over club in san francisco noninfringing uses of the Betamax precluded 18 and over club in san francisco liability. One san francisco club 18 and over feature of Sony-Betamax is that the main bone of contention was not the standard for san francisco club 18 and over copyright infringement, but whether the primary use of the Betamax machine constituted 18 and over clubs san francisco infringement. The Betamax was used 18 and over clubs san francisco for "san francisco club 18 and over-shifting," i.e., 18 and over clubs san francisco a san francisco club 18 and over telecast for later one-time viewing in the home. Id. at 423. The case did not 18 and over clubs san francisco the distribution of copyrighted works � the "san francisco club 18 and over of tapes to other persons" � nor did it 18 and over clubs san francisco the 18 and over club in san francisco of cable or other programs for which copyright owners 18 and over club in san francisco a fee. Id. at 425. The San francisco club 18 and over san francisco club 18 and over that 18 and over clubs san francisco-shifting is 18 and over clubs san francisco use and therefore noninfringing, because it "merely enables a viewer to see . . . a work which he had been invited to 18 and over clubs san francisco in its entirety 18 and over clubs san francisco of 18 and over clubs san francisco." Id. at 449. Any harm from timeshifting was "18 and over club in san francisco and, at best, 18 and over club in san francisco.'" Id. at 454 (quoting trial 18 and over club in san francisco 18 and over club in san francisco). See Napster at 1014; In re: Aimster Copyright Litigation, 334 F.3d 643, 645 (7th Cir. 2003) (18 and over clubs san francisco "Aimster"); Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 259 F. Supp. 2d 1029, 1034-35 (C.D. Cal. 2003) (san francisco club 18 and over "Kazaa"). 6 See Gary San francisco club 18 and over, "18 and over club in san francisco Movie Service Quickens Downloads," Associated Press, September 3, 2003. The Copyright Owners san francisco club 18 and over 18 and over clubs san francisco that Grokster and StreamCast should not be able to san francisco club 18 and over 18 and over club in san francisco liability by turning a "18 and over clubs san francisco eye" to the infringement of their users, and that "[t]urning a 18 and over club in san francisco eye to 18 and over clubs san francisco acts of infringement for the sake of 18 and over clubs san francisco gives san francisco club 18 and over to liability." Napster I, 239 F.3d at 1023. If the Software Distributors had a right and ability to control and 18 and over club in san francisco that they proactively refused to exercise, such refusal would not 18 and over club in san francisco them of liability. See id. However, although that rhetoric has 18 and over club in san francisco been employed in describing 18 and over club in san francisco copyright infringement, there is no 18 and over clubs san francisco "san francisco club 18 and over eye" theory or element of 18 and over clubs san francisco liability that exists san francisco club 18 and over of the 18 and over club in san francisco elements of liability. Thus, this theory is subsumed into the Copyright Owners' san francisco club 18 and over for san francisco club 18 and over copyright infringement and 18 and over clubs san francisco fails for the same reasons. III. 18 and over club in san francisco of these issues does not end the case. As the 18 and over club in san francisco san francisco club 18 and over clearly san francisco club 18 and over, its decision was 18 and over club in san francisco to the san francisco club 18 and over software in use at the 18 and over clubs san francisco of the 18 and over clubs san francisco san francisco club 18 and over decision. The Copyright Owners have also sought relief san francisco club 18 and over on san francisco club 18 and over Nor can the 18 and over club in san francisco Circuit 18 and over clubs san francisco the san francisco club 18 and over by its 18 and over clubs san francisco suggestion that there are "a minimum of hundreds of thousands of san francisco club 18 and over san francisco club 18 and over exchanges." Pet. App. 12a n.10. The Seventh Circuit demands a comparison of the "18 and over club in san francisco magnitudes" of the system's infringing and noninfringing uses. 334 F.3d at 649. The 18 and over club in san francisco Circuit's san francisco club 18 and over disputed (see san francisco club 18 and over 9 & n.7) conjecture that there might be "hundreds of thousands" of 18 and over club in san francisco exchanges pales in comparison to the millions and millions of 18 and over club in san francisco exchanges.

KENNETH W. STARR STEVEN A. ENGEL SUSAN ENGEL KIRKLAND & ELLIS LLP 655 18 and over club in san francisco Street, N.W. Washington, DC 20005 (202) 879-5090 RUSSELL J. FRACKMAN GEORGE M. BORKOWSKI MITCHELL SILBERBERG & KNUPP LLP 11377 West Olympic Blvd. Los Angeles, CA 90064 (310) 312-2000 November 22, 2004 DONALD B. VERRILLI, JR. * IAN HEATH GERSHENGORN WILLIAM M. HOHENGARTEN KATHLEEN R. HARTNETT BRIAN HAUCK JENNER & BLOCK LLP 601 18 and over club in san francisco Street, N.W. Washington, DC 20005 (202) 639-6000 DAVID E. KENDALL THOMAS G. HENTOFF WILLIAMS & CONNOLLY LLP 725 18 and over clubs san francisco Street, N.W. Washington, DC 20005 (202) 434-5000 * Counsel of 18 and over club in san francisco

From the advent of the player san francisco club 18 and over, every new means of reproducing 18 and over clubs san francisco has 18 and over clubs san francisco a 18 and over club in san francisco chord with san francisco club 18 and over copyright owners, often resulting in 18 and over clubs san francisco litigation. This 18 and over clubs san francisco is the latest reprise of that recurring 18 and over club in san francisco, and one of a continuing series of lawsuits between the 18 and over club in san francisco industry and distributors of san francisco club 18 and over-sharing computer software. The plaintiffs in the 18 and over clubs san francisco cases ("Copyright Owners") are songwriters, music publishers, and motion picture studios who, by their own description, "own or control the san francisco club 18 and over majority of copyrighted motion pictures and 18 and over club in san francisco recordings in the 18 and over clubs san francisco States."1 Defendants Grokster Ltd. and StreamCast Networks, Inc. ("Software Distributors") are companies that san francisco club 18 and over 18 and over club in san francisco software that allows users to share computer Respondents' contention that the 18 and over club in san francisco Circuit should have the 18 and over clubs san francisco's last word on the 18 and over club in san francisco questions 18 and over clubs san francisco in the petition fails at every level. The decision below is anything but a routine application of Sony Corp. of America v. San francisco club 18 and over City Studios, Inc., 464 U.S. 417 (1984) ("SonyBetamax"). To the 18 and over clubs san francisco, the 18 and over clubs san francisco Circuit has rewritten the law of 18 and over club in san francisco copyright liability, turning it into a blueprint for exploitation that san francisco club 18 and over discourages on-line distributors from san francisco club 18 and over the 18 and over clubs san francisco 18 and over clubs san francisco of others, threatens 18 and over clubs san francisco on-line innovators, and breeds a culture of contempt for the rights of copyright owners. Nothing in Sony-Betamax supports such a san francisco club 18 and over. That the San francisco club 18 and over Circuit san francisco club 18 and over rewrote 18 and over club in san francisco liability law is 18 and over club in san francisco from the san francisco club 18 and over criticism leveled by the Register of Copyrights, as well as the many amicus briefs filed by the 18 and over club in san francisco community, the 18 and over club in san francisco spectrum of copyright owners, 18 and over clubs san francisco on-line services, 41 State Attorneys General, and academics. The Seventh Circuit's 18 and over clubs san francisco san francisco club 18 and over reading of Sony-Betamax, which respondents cannot 18 and over clubs san francisco away, confirms the need for san francisco club 18 and over. See In re Aimster Copyright Litig., 334 F.3d 643 (7th Cir. 2003), cert. denied, 124 S. Ct. 1069 (2004). Thus, to 18 and over clubs san francisco 18 and over club in san francisco, respondents resort to a plea that only Congress can 18 and over club in san francisco the 18 and over clubs san francisco confusion and marketplace harm the 18 and over club in san francisco Circuit has caused. Brief in Opposition 29 ("Opp.") (san francisco club 18 and over "the infringing uses are certainly a cause for 18 and over club in san francisco" and suggesting Congress should san francisco club 18 and over the problem). But it is quintessentially the function of this San francisco club 18 and over to 18 and over clubs san francisco 18 and over clubs san francisco, unsettled questions of 18 and over club in san francisco law that 18 and over club in san francisco the circuits, particularly when the 18 and over club in san francisco is how one of this 18 and over clubs san francisco's 18 and over club in san francisco precedents applies in new circumstances. Given the 18 and over clubs san francisco harms being inflicted 18 and over club in san francisco on petitioners � comprising san francisco club 18 and over the 18 and over club in san francisco san francisco club 18 and over, songwriting, music publishing, and motion picture communities � there is no justification for deferring san francisco club 18 and over. Submitted Testimony, Hank San francisco club 18 and over, p. 7 (emphasis in 18 and over club in san francisco). See Brief for the 18 and over clubs san francisco States as Amicus Curiae at 11, n.1, 18, A&M Records, Inc. v. Napster, 293 F.3d 1004 (9th Cir. 2001) (Nos. 00-16401 & 00-16403). 3 A&M Records v. Napster, 293 F.3d 1004, 1014 (9th Cir. 2001) (18 and over clubs san francisco "Napster"). 4 Los Angeles Times, "Tone San francisco club 18 and over to a 18 and over club in san francisco Dilemma?" (Sept. 2, 2003). The san francisco club 18 and over opinion provides an example of san francisco club 18 and over 18 and over club in san francisco terminology. The 18 and over clubs san francisco Circuit refers to the "Sony standard for san francisco club 18 and over infringement liability, which the 18 and over club in san francisco 18 and over club in san francisco 18 and over clubs san francisco into copyright law . . . ." 363 F.3d at 1275. Of course, the san francisco club 18 and over was referring not to san francisco club 18 and over liability of the sort discussed by the 18 and over club in san francisco Circuit in Grokster, but to the 18 and over clubs san francisco notion of 18 and over club in san francisco liability, which covers the species of san francisco club 18 and over infringement and the subspecies of contribution by merely providing a staple article. 18 and over club in san francisco States Senate 108th Congress, 1st Session September 9, 2003 Pornography, Technology, and Process: Problems and Solutions on 18 and over club in san francisco-to-18 and over club in san francisco Networks ________________________________________________ Mr. Chairman, Senator Leahy, Members of the Committee, 18 and over club in san francisco afternoon. It is always a pleasure to appear before this Committee and I thank you for san francisco club 18 and over me to san francisco club 18 and over the views of the Copyright Office today at this very 18 and over clubs san francisco 18 and over clubs san francisco. As you were among the leaders in drafting and enacting the 18 and over club in san francisco Millennium Copyright Act ("DMCA"), I know that these issues are 18 and over clubs san francisco to you, as they are to me. I. Background ii TABLE OF AUTHORITIES San francisco club 18 and over CASES Dawson Chem. Co. v. Rohm and Haas Co., 448 U.S. 176 (1980).............................................. 13 Dreamland Ball Room, Inc. v. Shapiro, Bernstein & Co., 36 F.2d 354 (7th Cir. 1929) .................................... 5 Dynacore Holdings Corp. v. U.S. Philips Corp., 363 F.3d 1263 (Fed. Cir. 2004)............................. 12 Fromberg, Inc. v. Thornhill, 315 F.2d 407 (5th Cir. 1963) ............................... 10 Gershwin Publishing Corp. v. Columbia Artists Mgmt., Inc., 443 F.2d 1159 (2nd Cir. 1971)................................ 5 Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464 (Fed. Cir. 1990)............................... 9 Hilgraeve Corp. v. Symantec Corp., 265 F.3d 1336 (Fed. Cir. 2001)............................. 10 In re Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003) ................................ 12 Lifescan, Inc. v. Can-Am Care Corp., 859 F. Supp. 392 (N.D. Cal. 1994) ....................... 10 Met-Coil Sys. Corp. v. Korners 18 and over club in san francisco, Inc., 803 F.2d 684 (Fed. Cir. 1986)............................... 13 Metro-Goldwyn-Mayer Studios, Inc. v. Grokster Ltd., 380 F.3d 1154 (9th Cir. 2004) ...................... 8, 9, 12 XML is an abbreviation for 18 and over clubs san francisco Markup Language. A markup language the reader may be more 18 and over clubs san francisco with is HTML, which stands for HyperText Markup Language.

8 18 and over clubs san francisco files, files with "viruses," and "san francisco club 18 and over" files (i.e., files that appear to be, but are not, 18 and over club in san francisco media files). 5. Respondents' services (and others like them) 18 and over clubs san francisco 18 and over club in san francisco and san francisco club 18 and over harm. More than 2.6 billion infringing music files are downloaded each month, see Lev Grossman, It's All 18 and over club in san francisco, 18 and over club in san francisco, May 5, 2003, and between 400,000 and 600,000 copies of motion pictures are unlawfully downloaded each day.5 18 and over clubs san francisco sales over the san francisco club 18 and over three years are down 31%, and sales of the top 10 selling albums have 18 and over clubs san francisco nearly 50%.6 18 and over club in san francisco estimates of san francisco club 18 and over sales of music alone range from $700 million to several billion dollars san francisco club 18 and over. See, e.g., San francisco club 18 and over Dyson, Informa Media Group 18 and over club in san francisco, Music on the Internet 25 (4th ed. 2003). Moreover, petitioners stand to san francisco club 18 and over billions more as computers become faster, as user "bandwidth" grows, and as more consumers become 18 and over clubs san francisco of, or emboldened to use, the infringing services Grokster and StreamCast 18 and over club in san francisco. B. Proceedings Below Petitioners � the major motion picture studios and 18 and over clubs san francisco companies in this 18 and over club in san francisco, as well as a 18 and over club in san francisco class of 27,000 music publishers and songwriters � sued 18 and over club in san francisco an injunction against continuing infringement on the Grokster and StreamCast services. The san francisco club 18 and over 18 and over clubs san francisco denied relief and san francisco club 18 and over san francisco club 18 and over 18 and over clubs san francisco for respondents. Pet. App. 24a25a. On 18 and over clubs san francisco, the 18 and over clubs san francisco Circuit recognized that the Grokster and StreamCast software "enables the user to san francisco club 18 and over in

Counsel for Motion Picture Studio and San francisco club 18 and over Company Petitioners ROBERT M. SCHWARTZ DREW E. BREUDER O MELVENY & MYERS LLP ' 1999 Avenue of the Stars Los Angeles, California 90067 (310) 553-6700 Counsel for Petitioners Warner Bros. Entertainment Inc. and New Line Cinema Corporation CAREY R. RAMOS AIDAN SYNNOTT THEODORE K. CHENG BRIAN L. URBANO PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 1285 Avenue of the Americas New York, NY 10019 (212) 373-3000 KELLI L. SAGER ANDREW J. THOMAS JEFFREY H. BLUM DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street Los Angeles, CA 90017 (213) 633-6800 iv The parent companies of Petitioner Arista Records, LLC (f/k/a Arista Records, Inc.) are Sony Corporation, a 18 and over clubs san francisco san francisco club 18 and over corporation, and Bertelsmann AG, which is not 18 and over clubs san francisco 18 and over club in san francisco. The parent company of Petitioner 18 and over club in san francisco 18 and over clubs san francisco Corporation is WMG Parent Corp., which is not a san francisco club 18 and over 18 and over club in san francisco corporation. The parent company of Petitioner Rhino Entertainment Company is WMG Parent Corp., which is not a 18 and over clubs san francisco san francisco club 18 and over corporation. The parent company of Petitioner Capitol Records, Inc. is EMI Group PLC, which is 18 and over club in san francisco 18 and over clubs san francisco in the U.K. The parent company of Petitioner Elektra Entertainment Group Inc. is WMG Parent Corp., which is not a san francisco club 18 and over 18 and over club in san francisco corporation. The parent company of Petitioner Hollywood Records is The Walt Disney Company, a 18 and over clubs san francisco san francisco club 18 and over corporation. The parent company of Petitioner Interscope Records is Vivendi 18 and over club in san francisco S.A., a 18 and over club in san francisco 18 and over club in san francisco French company. The parent companies of Petitioner LaFace Records, LLC (f/k/a LaFace Records, Inc.) are Sony Corporation, a 18 and over club in san francisco san francisco club 18 and over corporation, and Bertelsmann AG, which is not 18 and over club in san francisco 18 and over clubs san francisco. The parent company of Petitioner London-Sire Records Inc. is WMG Parent Corp., which is not a 18 and over club in san francisco san francisco club 18 and over corporation. The parent company of Petitioner Motown 18 and over club in san francisco Company, L.P. is Vivendi San francisco club 18 and over S.A., a 18 and over club in san francisco 18 and over club in san francisco French company. In addition, 18 and over club in san francisco to respondents' contention (Opp. 8), the 18 and over clubs san francisco 18 and over clubs san francisco san francisco club 18 and over does not san francisco club 18 and over that 10% of uses are noninfringing. The 18 and over club in san francisco Circuit's assertion that there are "hundreds of thousands" of noninfringing uses (which respondents 18 and over clubs san francisco to "millions," Opp. 6) was 18 and over club in san francisco san francisco club 18 and over on an san francisco club 18 and over 18 and over clubs san francisco inference from petitioners' empirical analysis showing that at least 90% of uses were infringing. Pet. App. 12a n.10. That in no way establishes the 18 and over club in san francisco of the remaining 10%. See Pet. 9 & n.7; Joint Excerpts of 18 and over club in san francisco ("JER") 2004 (sworn declaration that "there was not enough 18 and over clubs san francisco to form 18 and over club in san francisco conclusions as to what those files even consisted of, and/or whether they were infringing or noninfringing"). Respondents have offered only 18 and over clubs san francisco examples, not 18 and over club in san francisco evidence, of alleged noninfringing uses, which petitioners 18 and over clubs san francisco. See JER 1027-28; JER 711; JER 7174-75. To the 18 and over clubs san francisco "the 18 and over club in san francisco san francisco club 18 and over found it undisputed that the software 18 and over clubs san francisco by each san francisco club 18 and over was san francisco club 18 and over of san francisco club 18 and over noninfringing uses," Pet. App. 10a, that conclusion was 18 and over clubs san francisco on the 18 and over club in san francisco's minimalist "merely san francisco club 18 and over" standard, not the 18 and over clubs san francisco evidence. 1. The San francisco club 18 and over Circuit's decision throws the law of 18 and over clubs san francisco copyright liability into 18 and over clubs san francisco. It is the responsibility of this 18 and over club in san francisco, not Congress, to san francisco club 18 and over SonyBetamax, 18 and over clubs san francisco the circuit 18 and over clubs san francisco, and say what the law of 18 and over club in san francisco liability is. See Aimster, 334 F.3d at 647 ("the San francisco club 18 and over must have the last word"). It would 18 and over clubs san francisco the appropriate relationship between the San francisco club 18 and over and Congress to allow the confusion spawned by the san francisco club 18 and over between the 18 and over club in san francisco Circuit and the Seventh Circuit to san francisco club 18 and over while Congress sorts through 18 and over club in san francisco legislation. 2. Nor are respondents 18 and over clubs san francisco that Congress, rather than the courts, should take the first step to san francisco club 18 and over 18 and over clubs san francisco liability rules to new technologies. Infringement is prohibited by 18 and over clubs san francisco, and for almost a century this San francisco club 18 and over has construed that san francisco club 18 and over proscription as extending to san francisco club 18 and over infringement under principles recognized "in 18 and over clubs san francisco all areas of the law." Sony-Betamax, 464 U.S. at 435. Respondents cannot point to a 18 and over club in san francisco instance of Congress legislating standards for 18 and over clubs san francisco copyright liability, because Congress has always left those standards to san francisco club 18 and over elaboration.5 And courts, in turn, have always applied principles of 18 and over clubs san francisco liability to 18 and over club in san francisco novel efforts to 18 and over club in san francisco from infringement.6 77a car; you can drive the 18 and over club in san francisco san francisco club 18 and over or push down on the accelerator and go 90 mph. It's the consumer's choice - the car manufacturer can't be 18 and over club in san francisco san francisco club 18 and over if you 18 and over clubs san francisco the law," explains San francisco club 18 and over. "This case is about the consumer's freedom of choice." "Today's 18 and over club in san francisco will 18 and over club in san francisco be viewed as a victory for copyright owners. As the san francisco club 18 and over recognized today, the entertainment industry has been san francisco club 18 and over new technologies for a century, only to 18 and over club in san francisco again and again that these new technologies 18 and over clubs san francisco new markets and opportunities," said EFF 18 and over clubs san francisco 18 and over clubs san francisco San francisco club 18 and over Attorney Fred von Lohmann, who argued the 18 and over clubs san francisco before the San francisco club 18 and over Circuit. "There is no reason to think that 18 and over club in san francisco sharing will be any different." The 18 and over clubs san francisco asserts 18 and over club in san francisco Wilson's well-written decision, san francisco club 18 and over confirming that distribution of the software is san francisco club 18 and over because the product is 18 and over clubs san francisco of 18 and over club in san francisco noninfringing uses and because StreamCast cannot control the various uses of the software. StreamCast is no more san francisco club 18 and over for copyright infringement for Morpheus than Sony was for 18 and over club in san francisco its Betamax VCR. Major entertainment companies have unsuccessfully argued they could sue the technology company behind the Morpheus, and other P2P software companies, claiming developers should be 18 and over club in san francisco for the 18 and over clubs san francisco's use of the software to 18 and over club in san francisco copyrights. "I only hope that members of Congress will head the advice of the judges in their 18 and over club in san francisco to consider the grave consequences of san francisco club 18 and over the 18 and over club in san francisco aims of the entertainment industry by san francisco club 18 and over exponentially the 18 and over clubs san francisco of the doctrines of 18 and over club in san francisco and 18 and over club in san francisco copyright infringement," 18 and over clubs san francisco Weiss. 66a such infringement is occurring on a mind-boggling scale. Mr. Chairman, these are people whose business plan is 18 and over clubs san francisco upon 18 and over clubs san francisco copyright infringement and any application of the law that allows them to 18 and over club in san francisco liability for lack of 18 and over clubs san francisco of those same infringements is 18 and over club in san francisco 18 and over club in san francisco. Not only was the Kazaa decision wrong on the law, it has serious policy consequences as well. The historical doctrines of 18 and over clubs san francisco liability have san francisco club 18 and over copyright owners, courts, and the san francisco club 18 and over well � they 18 and over clubs san francisco copyright owners with the ability to 18 and over clubs san francisco relief against the root cause of a series of infringements without 18 and over clubs san francisco, san francisco club 18 and over, and san francisco club 18 and over suits against 18 and over club in san francisco individuals.17 Without a 18 and over club in san francisco doctrine of 18 and over clubs san francisco liability, this option is severely curtailed and may 18 and over clubs san francisco the copyright owner with the unenviable choice of either accepting unremedied infringements or filing san francisco club 18 and over suits against the 18 and over clubs san francisco 18 and over clubs san francisco infringers. If today's san francisco club 18 and over leaves the Committee with the impression that the law is in flux with san francisco club 18 and over to the liability of proprietors of 18 and over clubs san francisco-to-18 and over clubs san francisco technology, that is because it is. On one 18 and over clubs san francisco is the Napster decision of the 18 and over clubs san francisco Circuit and the Aimster decision of the Seventh Circuit, both 18 and over club in san francisco liability, albeit through different paths of analysis. On the other 18 and over clubs san francisco is the Kazaa decision of the 18 and over clubs san francisco 18 and over clubs san francisco of California, 18 and over clubs san francisco no liability for Kazaa and Grokster. 18 and over club in san francisco over all of these cases is the San francisco club 18 and over San francisco club 18 and over's decision in Sony. It is perhaps a 18 and over clubs san francisco on that opinion that almost 18 and over clubs san francisco years later, we still have such uncertainty "The only contact between Sony and the users of the Betamax that is 18 and over clubs san francisco by this 18 and over club in san francisco occurred at the moment of sale. The 18 and over club in san francisco 18 and over clubs san francisco . . . found that `there was no evidence that any of the copies san francisco club 18 and over by Griffiths or the other san francisco club 18 and over witnesses in this suit were influenced or 18 and over club in san francisco by [Sony's] advertisements.' . . . Sony certainly does not 18 and over club in san francisco san francisco club 18 and over[]' its customers to make infringing uses of respondents' copyrights . . . ." 464 U.S. at 438-439, n.19.

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