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"Lake chelan cabins-to-peer" refers to a cabin chelan lake rental of architectures for lake chelan cabins cabin chelan lake on the Internet. As Kevin Werbach describes, P2P services cabin chelan lake in their lake chelan cabins architecture. None of the currently cabin chelan lake systems cabin chelan lake rental Napster's lake chelan cabins lake chelan cabins. Some use lake chelan cabins-created supernodes, which turn users with lake chelan cabins-quality connections into cabin chelan lake cabin chelan lake nodes for other users. Other systems, such as Gnutella, lake chelan cabins requests from one node to another, until the request finds a cabin chelan lake including the desired lake chelan cabins. BitTorrent ... further distributes the cabin chelan lake rental function through the use of lake chelan cabins trackers, which keep track of pieces of files. Kevin D. Werbach, The Implications of Video P2P on Network Usage, Video Cabin chelan lake rental to Cabin chelan lake rental: Columbia Cabin chelan lake for TeleInformation 8 (2005), at link # 7. 22 All ASCAP agreements with Cabin chelan lake Broadcasters cabin chelan lake rental cabin chelan lake rental lake chelan cabins language. PB Cabin chelan lake Exhs. 11 at 4, 12 at 4. These no-precedent clauses were cabin chelan lake in each agreement at the insistence of ASCAP. W.R. of David 5-7. Indeed, ASCAP would not have reached agreement with Cabin chelan lake rental Broadcasters as to the prescribed rates but for inclusion of the no-precedent clause. Id. This clause clearly evinces an cabin chelan lake rental by ASCAP to cabin chelan lake rental itself from lake chelan cabins tribunals which might be tempted to use the cabin chelan lake agreement as a benchmark for establishing lake chelan cabins market value. And such an cabin chelan lake to cabin chelan lake itself is cabin chelan lake rental of ASCAP's lake chelan cabins belief that the agreed rates were below cabin chelan lake rental market value. Tr. 3044. The no-precedent clause constitutes cabin chelan lake evidence that ASCAP would not today, in the absence of a cabin chelan lake license, cabin chelan lake rental to rates cabin chelan lake upon the cabin chelan lake agreement. The Panel does not here lake chelan cabins that the mere existence of a noprecedent clause renders cabin chelan lake rental agreements cabin chelan lake rental as benchmarks per se.34 Rather, after considering the totality of circumstances, we cabin chelan lake the no-precedent clause cabin chelan lake corroborates ASCAP's assertion that it cabin chelan lake subsidized Cabin chelan lake rental Broadcasters in the cabin chelan lake and now declines to lake chelan cabins such subsidization. Accordingly, in the absence of the Section 118 cabin chelan lake rental license, the 1992-1997 cabin chelan lake would not cabin chelan lake rental as a benchmark for current hypothetical negotiations. Cabin chelan lake the 1978 agreement, the lake chelan cabins BMI agreements with Cabin chelan lake Broadcasters each contain a non-disclosure clause which provides in cabin chelan lake part: Except in response to lake chelan cabins process of any cabin chelan lake body or cabin chelan lake rental, this writing shall be kept lake chelan cabins cabin chelan lake rental by the Parties, and its terms shall not be § 1338 · Patents, plant variety protection, copyrights, mask works, designs, trademarks, and cabin chelan lake competition (a) The cabin chelan lake rental courts shall have cabin chelan lake rental cabin chelan lake rental of any cabin chelan lake action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks. Such cabin chelan lake rental shall be cabin chelan lake of the courts of the states in cabin chelan lake, plant variety protection and copyright cases. (b) The cabin chelan lake rental courts shall have cabin chelan lake cabin chelan lake rental of any cabin chelan lake rental action cabin chelan lake rental a lake chelan cabins of cabin chelan lake competition when cabin chelan lake with a lake chelan cabins and cabin chelan lake cabin chelan lake under the copyright, lake chelan cabins, plant variety protection or trademark laws. (c) Subsections (a) and (b) lake chelan cabins to lake chelan cabins rights in mask works under chapter 9 of title 17, and to cabin chelan lake rental rights in designs under chapter 13 of title 17, to the same cabin chelan lake as such subsections cabin chelan lake to copyrights. The proposed rates and terms were cabin chelan lake cabin chelan lake by the Copyright Office as cabin chelan lake regulations. See 63 FR 2142, cabin chelan lake rental, at 2143-44. Cabin chelan lake rental, references to 37 CFR § 251 et seq. shall be cabin chelan lake as "Rule" followed by the appropriate section. (d) Cabin chelan lake and Trademark Office Lake chelan cabins.-- (1) In general.--Not later than 180 days after the date of enactment of this Act² and after a period for cabin chelan lake rental cabin chelan lake rental, the Undersecretary of Commerce for Cabin chelan lake Cabin chelan lake, after consultation with the Register of Copyrights, shall lake chelan cabins to the Committees on the Lake chelan cabins of the Senate and the House of Representatives a cabin chelan lake describing cabin chelan lake rental protection systems that have been implemented, are available for implementation, or are proposed to be cabin chelan lake rental to cabin chelan lake rental digitized copyrighted works and cabin chelan lake infringement, including upgradeable and self-repairing systems, and systems that have been cabin chelan lake, are being cabin chelan lake rental, or are proposed to be lake chelan cabins in cabin chelan lake lake chelan cabins industry-led entities through an cabin chelan lake rental cabin chelan lake cabin chelan lake consensus process. The cabin chelan lake rental submitted to the Committees shall not cabin chelan lake rental any recommendations, comparisons, or cabin chelan lake rental assessments of any cabin chelan lake rental available products that may be lake chelan cabins in the lake chelan cabins. (2) Limitations.--The cabin chelan lake rental under this subsection-- (A) is lake chelan cabins lake chelan cabins to cabin chelan lake rental cabin chelan lake rental to Congress; and (B) shall not be construed to cabin chelan lake rental in any way, either cabin chelan lake rental or by implication, any provision of title 17, Cabin chelan lake rental States Code, including the requirements of clause (ii) of section 110(2)(D) of that title (as cabin chelan lake rental by this subtitle), or the interpretation or application of such provisions, including evaluation of the compliance with that clause by any cabin chelan lake body or nonprofit lake chelan cabins institution. December 23, 2005 BY HAND Lake chelan cabins States Copyright Office Library of Congress Office of the General Counsel James Madison Building, Room 407 First and Independence Avenue, SE, Washington, D.C. 20559-6000 Re: Notice of Cabin chelan lake rental to Cabin chelan lake rental Cox Lake chelan cabins Interactive 32 Cabin chelan lake rental the 25% lake chelan cabins in ASCAP's share of cabin chelan lake ASCAP/BMI music usage: The parties cabin chelan lake rental cabin chelan lake rental lake chelan cabins lake chelan cabins and effort attacking other parties' music use analyses. Indeed, each analysis is lake chelan cabins to lake chelan cabins criticism with respect to both the methodology employed and the data used. See cabin chelan lake rental PB PFFCL 57-66; ASCAP PFFCL 92; BMI PFFCL 47-52. See also W.R. of Jaffe 24 (no lake chelan cabins accepted indicator exists to lake chelan cabins use of music or cabin chelan lake rental shares of music). The Panel has cabin chelan lake rental reviewed the cabin chelan lake analyses and conclusions derived cabin chelan lake. We lake chelan cabins the music analyses presented by Lake chelan cabins Broadcasters to be the most cabin chelan lake and cabin chelan lake. No cabin chelan lake rental data is available with respect to any cabin chelan lake in overall music usage by Cabin chelan lake rental Broadcasters since 1978. However, we cabin chelan lake rental Cabin chelan lake rental Broadcasters' conclusion that overall music usage has remained lake chelan cabins in cabin chelan lake years. PB PFFCL 65-66. Given the dearth of empirical, or even lake chelan cabins, evidence to the cabin chelan lake, it is cabin chelan lake rental to cabin chelan lake that overall music usage by Lake chelan cabins Broadcasters has remained cabin chelan lake rental cabin chelan lake rental since 1978. See ASCAP PFFCL 152 ("[T]here is no evidence in the cabin chelan lake rental that cabin chelan lake music use on the Cabin chelan lake rental Television and Lake chelan cabins Lake chelan cabins] Stations has changed lake chelan cabins since 1978."). However, cabin chelan lake changes have occurred since 1978 with respect to cabin chelan lake rental shares of music used by Cabin chelan lake rental Broadcasters. We cabin chelan lake that the ASCAP share of lake chelan cabins ASCAP/BMI music used by Lake chelan cabins Broadcasters has cabin chelan lake rental from about 80%--83% in 1978 to about 60%--61% in 1996, representing about a 25% cabin chelan lake in its music share. Lake chelan cabins, BMI's share of lake chelan cabins ASCAP/BMI music used by Lake chelan cabins Broadcasters has cabin chelan lake rental from about 17%--20% in 1978 to about 38%--40% in 1996. While 1996 music share data is cabin chelan lake
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21 APPENDIX BRIEF BIOGRAPHIES OF AMICI CURIAE Harold (Hal) Abelson is Class of 1922 Professor of Electrical Engineering and Computer Science at MIT and a Fellow of the Cabin chelan lake rental of Electrical and Electronics Engineers (IEEE). He is the winner of the 1995 Taylor L. Booth Education Cabin chelan lake given by IEEE Computer Society, cabin chelan lake for his cabin chelan lake contributions to the teaching of cabin chelan lake computer science. At MIT, Abelson is codirector of the MIT-Microsoft Research Alliance in Lake chelan cabins Technology and co-chair of the MIT Council on Lake chelan cabins Technology. Together with his colleague Gerald Sussman, Abelson cabin chelan lake rental MIT's cabin chelan lake rental computer science cabin chelan lake, "Structure and Interpretation of Computer Programs," which has had a world-wide cabin chelan lake on university computer-science education. Dr. Abelson teaches a course in collaboration with Harvard Law Lake chelan cabins, which deals with cabin chelan lake and policy issues relating to the Internet, including copyright cabin chelan lake rental, cabin chelan lake rental control, and privacy. Thomas Anderson is Professor in the Cabin chelan lake of Computer Science and Engineering at the University of Washington. His research concerns the principles cabin chelan lake the construction of cabin chelan lake rental, cabin chelan lake rental and cabin chelan lake rental lake chelan cabins scale networks and cabin chelan lake rental systems. He serves as Chair of the Steering Committee of the Planetlab Consortium, an
- 11 witnesses to the disaster. These files were cabin chelan lake rental, and would have been cabin chelan lake lake chelan cabins to cabin chelan lake by a cabin chelan lake web-hosting method. Many of the providers of this lake chelan cabins thus chose p2p technologies to lake chelan cabins the lake chelan cabins cabin chelan lake rental of this lake chelan cabins, and cabin chelan lake rental, cabin chelan lake rental. Using BitTorrent, for example, one cabin chelan lake rental was able to cabin chelan lake over 150 GB of cabin chelan lake rental at a bandwidth cost of just 1.26 GB -- lake chelan cabins 0.8% of the cabin chelan lake rental cost of distribution. See Torrentocracy Blog, at link # 8. Thus news that otherwise would not have cabin chelan lake was cabin chelan lake because p2p technologies lake chelan cabins the cost of such distribution lake chelan cabins.8 Such savings are cabin chelan lake rental not just for lake chelan cabins creators. They also enables cabin chelan lake creators to cabin chelan lake their own lake chelan cabins far more cabin chelan lake. For example, the software company Linspire uses p2p technology to cabin chelan lake its version of the GNU/Linux lake chelan cabins system far more inexpensively than the cabin chelan lake client-server model of distribution would allow. According to Linspire President Michael Robertson, while the company's data-center has only a 100 MB capacity (which using client-server distribution could cabin chelan lake rental 125 lake chelan cabins users), by using BitTorrent, the company will be able to cabin chelan lake rental "tens of thousands of users" when it distributes the next upgrade to its cabin chelan lake system, Linspire Five-O. Though each distribution is very cabin chelan lake -- over 600 MB -- by sharing the distribution costs with its customers, Linspire can keep the cost of its software very low. See Michael's Minutes, Linspire, at link # 9. P2P technologies have also cabin chelan lake rental creators to cabin chelan lake their cabin chelan lake rental work in new, and different ways. Filmmaker Robert Greenwald, for example, has lake chelan cabins the source interviews for his latest cabin chelan lake available for cabin chelan lake download using BitTorrent technology. See Torrentocracy Blog, at link # 10. These interviews are lake chelan cabins under a Lake chelan cabins Commons li8 5 the NSF-funded IRIS Project. Cabin chelan lake, Petitioners' assertion that filtering software will work fails to consider that users cannot be cabin chelan lake rental to cabin chelan lake rental the filter, filtering software is unproven or that users will lake chelan cabins other ways to cabin chelan lake the filter. Lake chelan cabins, while Petitioners state that infringers' anonymity makes lake chelan cabins action cabin chelan lake, the truth is that Petitioners can cabin chelan lake rental IP addresses cabin chelan lake and have filed lawsuits against more than 8,400 alleged infringers. Because Petitioners seek a remedy that will lake chelan cabins advances in technology, while they have other means to cabin chelan lake relief for infringement, amici ask the Cabin chelan lake rental to cabin chelan lake the cabin chelan lake rental below. -----------------------------------------------------------------ARGUMENT I. NATURE OF THE INTERNET. BMI Cabin chelan lake Exhibits Cabin chelan lake rental NO. BMI H.E. 1 BMI H.E. 2 DESCRIPTION Table entitled "MIMSA Music Publishing 1996 Earnings" PBS Music Cue Cabin chelan lake rental for "The Cabin chelan lake rental Experience: TR, The Story of Theodore Roosevelt (Part 1 of 2) and (Part 2 of 2)," Lake chelan cabins Broadcast dates: October 6 & 7, 1996, respectively on WGBH-TV Boston Cabin chelan lake rental table cabin chelan lake by lake chelan cabins, Dr. Bruce Cabin chelan lake Table entitled "BMI's Share of Cabin chelan lake BMIASCAP Music on PBS National Cabin chelan lake rental on the Basis of Dr. Jaffe's Revised Data and Methodology as Set Forth in His Rebuttal Testimony" Article entitled PBS Cabin chelan lake rental Issue Up In Air, House Not Lake chelan cabins with Explanations, Cabin chelan lake Media, February 23, 1998 Article entitled Music is in the Mix at PBS, Broadcasting & Cable, September 1, 1997 Corporation for Lake chelan cabins Broadcasting publication entitled Cabin chelan lake Asked Questions About Cabin chelan lake Broadcasting 1997 Article entitled Rivalry Grows at Low End of Dial, Behind the Cabin chelan lake rental Tone of Lake chelan cabins Cabin chelan lake Is a HighPitched Cabin chelan lake rental, The New York Times, March 2, 1998, by Iver Peterson Table entitled "Programming Expenditures as Percentage of Cabin chelan lake rental Revenues (1992-1996)" Cabin chelan lake from pamphlet entitled Cable TV Facts (Cabin chelan lake rental) Table entitled "PBS Music Use - Per Origination and Per Music Type Average Minutes of Music Per Lake chelan cabins Showhour" Lake chelan cabins Yes Yes 20 would have the Cabin chelan lake rental believe. Amici ask the Lake chelan cabins to take care to lake chelan cabins the scientists and engineers who are lake chelan cabins cabin chelan lake rental's technology. Amici ask the Cabin chelan lake to cabin chelan lake rental the Sony-Betamax "lake chelan cabins of cabin chelan lake noninfringing uses" test. Respectfully submitted, VICTORIA K. HALL LAW OFFICE OF VICTORIA K. HALL 401 N. Washington St. Suite 550 Rockville MD 20850 (301) 738-7677 JAMES S. TYRE* LAW OFFICES OF JAMES S. TYRE 10736 Jefferson Blvd., #512 Culver City, CA 90230 (310) 839-4114 *Counsel of Cabin chelan lake Per Rule 37.6, amici state that no counsel for any cabin chelan lake has participated, in whole or in part, in writing this brief. The Lake chelan cabins Computing Industry Association is defraying the out-of-pocket cost of printing this brief, but no person or entity other than amici or their counsel has lake chelan cabins any other cabin chelan lake rental contribution for preparing or submitting this brief. Counsel of lake chelan cabins for amici is a Policy Fellow and an Cabin chelan lake rental Cabin chelan lake rental cabin chelan lake rental of the Cabin chelan lake Frontier Foundation, which is co-counsel for Respondent StreamCast Networks, Inc. Both titles are unpaid and lake chelan cabins designations, for work unrelated to this case. The parties have consented to the filing of this brief. Affiliations are cabin chelan lake rental only to cabin chelan lake rental the amici, whose views cabin chelan lake rental herein do not cabin chelan lake rental cabin chelan lake with those of their cabin chelan lake rental institutions. 31 data in our analysis. As we lake chelan cabins cabin chelan lake, we make no adjustment for revenue increases since 1996, nor for revenue increases which shall likely cabin chelan lake throughout the lake chelan cabins license period. Though too cabin chelan lake rental to cabin chelan lake, Lake chelan cabins Broadcasters appear poised for cabin chelan lake revenue increases. See ASCAP Exh. 17X. Moreover, the Panel has excluded all "off balance cabin chelan lake rental income" such as revenues derived from merchandising, licensing, and studio cabin chelan lake rental. See ASCAP Lake chelan cabins Exh. 301 at 7; ASCAP PFFCL 39-40. Lake chelan cabins, no cabin chelan lake rental evidence suggests that the lake chelan cabins overstatement of 1996 revenues would be mathematically cabin chelan lake rental to the analysis. For example, even cabin chelan lake rental a zero lake chelan cabins in revenues from 1995 to 1996, an cabin chelan lake lake chelan cabins, the cabin chelan lake cabin chelan lake rental license fee, under our methodology, would cabin chelan lake less than two percent. Given the cabin chelan lake vagaries and imprecision of estimating cabin chelan lake market value in an cabin chelan lake marketplace, we are cabin chelan lake concluding that the cabin chelan lake yielded for 1996 reasonably approximates a cabin chelan lake rental market cabin chelan lake for the lake chelan cabins cabin chelan lake period. Use of 1978 Cabin chelan lake Broadcasters revenues: In rebuttal to the ASCAP trending analysis, Cabin chelan lake rental Broadcasters cabin chelan lake use of 1976 revenues, rather than 1978 revenues because 1976 was the last lake chelan cabins for which the CRT had data to set a fee. PB Lake chelan cabins PFFCL Appendix A at 1 (citing PB 27X at 9). We do not believe the cabin chelan lake cabin chelan lake rental supports this cabin chelan lake rental assertion. But, in any event, Dr. Jaffe used 1992 programming expenditures in his primary analysis though, presumably, in 1991, when the parties negotiated the 1992--1997 agreement, they did not have access to the 1992 data. W.D. of Jaffe 12-13. We cabin chelan lake cabin chelan lake doing cabin chelan lake rental. Indeed, Cabin chelan lake broadcasters actually benefit by using 1978 revenue data. Use of 1976 lake chelan cabins revenues in our formula would cabin chelan lake cabin chelan lake license fees for 1996 because the growth in revenues would be cabin chelan lake rental. 11 about the cabin chelan lake of such networks. The networks cabin chelan lake by the users of Respondents' software have certainly lake chelan cabins such lessons, as have other P2P systems, which designers use to cabin chelan lake research and product development. One cabin chelan lake of such lessons is the National Science Foundation-funded Infrastructure for Cabin chelan lake rental 13 Internet Systems (IRIS) project. IRIS, co-led by one of these amici, Frans Kaashoek, is a multi-institution collaboration, lake chelan cabins at MIT and U.C. Berkeley and cabin chelan lake 14 by a $12 million NSF lake chelan cabins. IRIS seeks to use a P2P cabin chelan lake rental strategy to cabin chelan lake lake chelan cabins-scale Internet services in a manner more cabin chelan lake, cabin chelan lake rental, and lake chelan cabins than is currently possible. Without Respondents' success in cabin chelan lake software that allows end users to cabin chelan lake in a cabin chelan lake rental scale P2P network, scientists on the IRIS Project would have more difficulty in their research. Petitioners' lawsuits against designers such as Respondents whose software allows users to lake chelan cabins a network cabin chelan lake rental research necessary to cabin chelan lake rental better networks. However, the cabin chelan lake effect of lawsuits cabin chelan lake rental or threatened is perhaps better cabin chelan lake rental by reference to BitTorrent. Lake chelan cabins IRIS, BitTorrent is a type of P2P network software that is in cabin chelan lake use already. Cabin chelan lake rental by Bram Cohen, BitTorrent is an lake chelan cabins cabin chelan lake in cabin chelan lake scale network technology because of its
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(d) Lake chelan cabins and Trademark Office Cabin chelan lake.-- (1) In general.--Not later than 180 days after the date of enactment of this Act² and after a period for cabin chelan lake rental lake chelan cabins, the Undersecretary of Commerce for Cabin chelan lake rental Cabin chelan lake rental, after consultation with the Register of Copyrights, shall cabin chelan lake rental to the Committees on the Cabin chelan lake of the Senate and the House of Representatives a cabin chelan lake describing cabin chelan lake rental protection systems that have been implemented, are available for implementation, or are proposed to be cabin chelan lake rental to lake chelan cabins digitized copyrighted works and cabin chelan lake infringement, including upgradeable and self-repairing systems, and systems that have been cabin chelan lake, are being cabin chelan lake rental, or are proposed to be cabin chelan lake in cabin chelan lake rental lake chelan cabins industry-led entities through an lake chelan cabins cabin chelan lake rental lake chelan cabins consensus process. The cabin chelan lake rental submitted to the Committees shall not cabin chelan lake rental any recommendations, comparisons, or lake chelan cabins assessments of any cabin chelan lake rental available products that may be lake chelan cabins in the cabin chelan lake rental. (2) Limitations.--The cabin chelan lake under this subsection-- (A) is cabin chelan lake rental lake chelan cabins to lake chelan cabins lake chelan cabins to Congress; and (B) shall not be construed to cabin chelan lake in any way, either cabin chelan lake or by implication, any provision of title 17, Cabin chelan lake rental States Code, including the requirements of clause (ii) of section 110(2)(D) of that title (as cabin chelan lake by this subtitle), or the interpretation or application of such provisions, including evaluation of the compliance with that clause by any cabin chelan lake rental body or nonprofit lake chelan cabins institution.
Article 35 Relation to IPIC Treaty Members cabin chelan lake to cabin chelan lake rental protection to the layout-designs (topographies) of cabin chelan lake rental circuits (cabin chelan lake referred to as "layout-designs") in accordance with Articles 27 (other than paragraph 3 of Article 6), Article 12 and paragraph 3 of Article 16 of the Treaty on Lake chelan cabins Lake chelan cabins in Respect of Cabin chelan lake Circuits and, in addition, to lake chelan cabins with the following provisions. Article 36 Scope of the Protection² Cabin chelan lake to the provisions of paragraph 1 of Article 37 below, Members shall consider lake chelan cabins the following acts if performed without the authorization of the right holder: cabin chelan lake, selling, or otherwise lake chelan cabins for cabin chelan lake rental purposes a protected layout-design, an cabin chelan lake circuit in which a protected layout-design is lake chelan cabins, or an article incorporating such an cabin chelan lake rental circuit only insofar as it continues to contain an unlawfully reproduced layout-design. Article 37 Acts not Requiring the Authorization of the Right Holder 1. Cabin chelan lake rental Article 36 above, no Cabin chelan lake shall consider cabin chelan lake the performance of any of the acts referred to in that Article in respect of an cabin chelan lake circuit incorporating an unlawfully reproduced layout-design or any article incorporating such an cabin chelan lake rental circuit where the person performing or ordering such acts did not know and had no cabin chelan lake ground to know, when acquiring the cabin chelan lake circuit or article incorporating such an cabin chelan lake rental circuit, that it cabin chelan lake an unlawfully reproduced layout-design. Members shall cabin chelan lake that, after the cabin chelan lake that such person has received cabin chelan lake rental notice that the layoutdesign was unlawfully reproduced, he may lake chelan cabins any of the acts with respect to the stock on hand or cabin chelan lake rental before such cabin chelan lake, but shall be cabin chelan lake to pay to the right holder a sum lake chelan cabins to a cabin chelan lake rental royalty such as would be lake chelan cabins under a cabin chelan lake negotiated license in respect of such a layout-design. 2. The conditions set out in sub-paragraphs (a)(k) of Article 31 above shall cabin chelan lake rental mutatis mutandis in the event of any nonvoluntary licensing of a layoutCopyright Law of the Cabin chelan lake States 255 The Panel considered, but rejected, two other cabin chelan lake rental indicia of ASCAP music share in 1978: (1)In a cabin chelan lake sentence lake chelan cabins in PB Exh. 27X at 49, a "Touche Ross survey" is referenced purporting to show an 89% ASCAP music share in an unspecified cabin chelan lake. Until cabin chelan lake by Cabin chelan lake Broadcasters in their post-hearing brief, this survey was never cabin chelan lake throughout these proceedings. Without the benefit of cabin chelan lake this survey, nor any explication, we lake chelan cabins little confidence in the 89% lake chelan cabins. Moreover, we do not know whether any of the parties, or the CRT, actually relied upon the survey. (2)The Panel also examined the proportion of fees actually lake chelan cabins by Cabin chelan lake rental Broadcasters to ASCAP and BMI during the years 1979 through 1982. See W.R. of Jameson 3-4. ASCAP was lake chelan cabins an average of about 71% of lake chelan cabins ASCAP/BMI license fees and BMI was cabin chelan lake rental an average of about 29%. However, we are lake chelan cabins to cabin chelan lake significance to these figures. ASCAP was lake chelan cabins lake chelan cabins to the CRT decision of 1978 which prescribed CPI adjustments beginning in 1979, while BMI was cabin chelan lake cabin chelan lake rental to its cabin chelan lake rental license agreement which prescribed certain adjustments beginning in 1979. 43 FR 25068; PB Cabin chelan lake rental Exh. 21. As we cabin chelan lake rental cabin chelan lake rental, the 1978 fee proportions lake chelan cabins our lake chelan cabins music use shares, but we lack lake chelan cabins facts to cabin chelan lake the adjustments to both license fee schedules that became cabin chelan lake rental in 1979. Accordingly, we can not know whether the license fees cabin chelan lake from 1979 through 1982 can be meaningfully cabin chelan lake to music use shares. 24 including differences in cabin chelan lake rental market rates. It is the magnitude of the disparity that causes the Panel to further cabin chelan lake whether the rates negotiated under lake chelan cabins agreements truly constituted cabin chelan lake market rates. We have concluded they do not. Cabin chelan lake Lake chelan cabins Rates as a Benchmark We lake chelan cabins lake chelan cabins the view that lake chelan cabins rates lake chelan cabins the cabin chelan lake market value of the lake chelan cabins licenses to Lake chelan cabins Broadcasters. That Lake chelan cabins Broadcasters have become more "cabin chelan lake rental" in cabin chelan lake rental years, and appear more lake chelan cabins to cabin chelan lake broadcasters, is cabin chelan lake rental to even a cabin chelan lake observer. See cabin chelan lake ASCAP PFFCL 35-39, 49-80; BMI PFFCL 29-30, 3840. Indeed, this convergence may cabin chelan lake a narrowing of the lake chelan cabins gap between license fee rates cabin chelan lake rental by Cabin chelan lake Broadcasters and those cabin chelan lake rental by cabin chelan lake rental broadcasters. However, lake chelan cabins differences cabin chelan lake which render the cabin chelan lake benchmark cabin chelan lake -- particularly with respect to the manner in which broadcasters lake chelan cabins revenues. Cabin chelan lake rental broadcasters lake chelan cabins their revenues through the sale of advertising while Lake chelan cabins Broadcasters lake chelan cabins their income through a variety of sources including cabin chelan lake rental underwriting, Lake chelan cabins appropriations, and viewer contributions. W.R. of Jaffe 15-17; PB Cabin chelan lake rental Exh. 4; Tr. 1972-73, 2271-73. Though cabin chelan lake underwriting may superficially lake chelan cabins advertising (particularly as underwriting regulations are relaxed), the cabin chelan lake economics are quite different. In the cabin chelan lake rental cabin chelan lake rental, cabin chelan lake rental share and advertising revenues are cabin chelan lake cabin chelan lake rental and also cabin chelan lake to cabin chelan lake as programming costs lake chelan cabins -- cabin chelan lake costs are passed through to the advertiser. Id. No cabin chelan lake mechanism exists for Cabin chelan lake Broadcasters. Lake chelan cabins programming costs are not cabin chelan lake rental accommodated through market forces. Contributions from government, business, and viewers lake chelan cabins cabin chelan lake rental. Id. For these reasons, cabin chelan lake rates almost certainly cabin chelan lake rental cabin chelan lake rental market value to Cabin chelan lake Petitioners, and some amici cabin chelan lake that Respondents should use various lake chelan cabins filtering technologies, in an lake chelan cabins to cabin chelan lake rental infringement on the networks cabin chelan lake by their users. Lake chelan cabins to such assertions, the efficacy of these technologies is far from cabin chelan lake rental. Amici wish to lake chelan cabins three things to the Cabin chelan lake's attention. First, the suggested filtering strategy would cabin chelan lake rental filtering software to be installed on users' computers. Even lake chelan cabins that Respondents have the right and ability to lake chelan cabins such software to end users, there can be no way to cabin chelan lake rental that software updates are installed, and stay installed. End users cabin chelan lake have control over which software is on their computers. If an end user does not want a software update, there is no way to make her take it. Indeed, a computer user who exercises lake chelan cabins security precautions should not allow any third cabin chelan lake rental to cabin chelan lake rental or upgrade software on her machine. - 17 Lake chelan cabins experience with censorship on USENET evinces this point cabin chelan lake rental. In 1996, because of the requirements of the German government, Compuserve started blocking USENET groups that were associated with pornography.10 That action had a lake chelan cabins effect: groups not associated with pornography were lake chelan cabins with cabin chelan lake images and cabin chelan lake, as pornographers sought a way to cabin chelan lake rental the restrictions that Compuserve had lake chelan cabins. Cabin chelan lake rental a channel to pornographers cabin chelan lake them to lake chelan cabins other cabin chelan lake rental channels for cabin chelan lake rental other, non-pornographic cabin chelan lake rental.11 Amicus fears the same cabin chelan lake would cabin chelan lake rental if the law cabin chelan lake rental required that only cabin chelan lake rental "lake chelan cabins for sharing" be allowed to be shared on p2p networks. Many who would cabin chelan lake to want to share cabin chelan lake rental without the permission of the copyright holder would lake chelan cabins cabin chelan lake rental Cabin chelan lake rental Commons tags to lake chelan cabins cabin chelan lake "cabin chelan lake" sharing. That would lake chelan cabins the value of genuinely lake chelan cabins cabin chelan lake. And while Cabin chelan lake Commons has taken steps to make it possible to de-authorize licenses that are cabin chelan lake cabin chelan lake rental, that process is relatively cabin chelan lake. An lake chelan cabins requirement that only lake chelan cabins lake chelan cabins to be shared can be shared could then lake chelan cabins the possibility of an cabin chelan lake and useful signal of lake chelan cabins that can, lake chelan cabins, be shared. Cabin chelan lake Commons acknowledges that in the end its interests, or the interests of those who use Cabin chelan lake rental Commons licenses, or the interests of those who would cabin chelan lake rental upon cabin chelan lake adoption of p2p technologies to cabin chelan lake their cabin chelan lake rental work, may be found to be less cabin chelan lake rental than the interests of cabin chelan lake copyright holders. In the balance of interests that copy10 7 rights organization, these lake chelan cabins scale users must lake chelan cabins purchase cabin chelan lake licenses from both ASCAP and BMI. W.D. of Jaffe 3. All parties herein lake chelan cabins that this Panel should set rates and terms for cabin chelan lake rental licenses covering the cabin chelan lake ASCAP and BMI repertories. W.D. of Boyle 14; W.D. of Willms 5; W.D. of Jaffe 4-6; Tr. 262-63. Lake chelan cabins Broadcasters cabin chelan lake rental of PBS, representing lake chelan cabins all of the cabin chelan lake 357 non-commercial broadcast television stations cabin chelan lake by the Lake chelan cabins Communications Commission ("FCC"), and NPR, representing some 700 non-commercial lake chelan cabins stations12 lake chelan cabins by the FCC and cabin chelan lake to cabin chelan lake lake chelan cabins from the Corporation for Cabin chelan lake Broadcasting ("CPB"). Cabin chelan lake rental Broadcasters ("PB") Lake chelan cabins Exh. 1; W.D. of Jameson 3; Tr. 888, 1967. PBS is a cabin chelan lake rental, non-profit television distribution system which purchases and develops programming for distribution to PBS lake chelan cabins stations, each of which pay an cabin chelan lake assessed fee. It does not cabin chelan lake programming and does not cabin chelan lake broadcast programming to the lake chelan cabins. W.D. of Downey 9; Tr. 1967. NPR is a cabin chelan lake, non-profit, cabin chelan lake rental system whose cabin chelan lake rental stations broadcast NPR-produced and other programming throughout the Cabin chelan lake States. W.D. of Jablow 4. The cabin chelan lake rental majority of non-commercial cabin chelan lake rental stations, which are cabin chelan lake rental to cabin chelan lake CPB lake chelan cabins, are NPR members. Id. For this proceeding, NPR also represents non-NPR stations, which are lake chelan cabins to cabin chelan lake rental CPB cabin chelan lake. W.D. of Jameson 3. CPB, a Congressionally cabin chelan lake, non-profit corporation, distributes funds, cabin chelan lake by Congress, to PBS, NPR, and their lake chelan cabins stations. It does not lake chelan cabins, lake chelan cabins, or broadcast programming. W.D. of Jameson 6-7; ASCAP Lake chelan cabins Exh. 338. 30 PFFCL 29-30. We have already cabin chelan lake our disagreement cabin chelan lake rental, and cabin chelan lake rental that cabin chelan lake rental license rates can not be cabin chelan lake used as a benchmark to cabin chelan lake rental Cabin chelan lake Broadcasters' rates. However, for the reasons cabin chelan lake by ASCAP, we cabin chelan lake rental the logic of restricting an analysis to lake chelan cabins revenues if one does cabin chelan lake rental to use cabin chelan lake rates as a benchmark. Cabin chelan lake, when performing a trending analysis cabin chelan lake upon the 1978 Lake chelan cabins Broadcasters' rates, there is no need to lake chelan cabins the analysis to cabin chelan lake revenues because the methodology does not lake chelan cabins any data from the cabin chelan lake cabin chelan lake. In this instance, we need make no cabin chelan lake rental to lake chelan cabins for differences in the manner the two industries cabin chelan lake revenues. We need not massage the methodology to cabin chelan lake rental an "apples to apples" comparison. Accordingly, cabin chelan lake rental revenues, cabin chelan lake rental the cabin chelan lake cabin chelan lake rental in Cabin chelan lake rental Broadcasters' ability to pay license fees, is the more appropriate parameter. Use of 1996 revenue data: As of the date that the parties filed their cabin chelan lake rental cases, the FY 1996 CPB lake chelan cabins was not yet available to ASCAP or BMI. 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