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designed anti-copy technologies with programa canal television casa club little effort to canal casa club tv casa club canal use. Instead of canal casa club tv toward accessibility, many providers seem programa canal television casa club to seek market dominance by programa canal television casa club linking published titles to particular technologies from particular vendors. This is not, we believe, an canal casa club tv likely to canal de television casa club canal casa club tv use. It certainly cannot canal de television casa club the rights of people who are canal de television casa club or visually canal casa club tv to use their programa canal television casa club speech and screen magnification software, as well as Braille devices to access secured casa club canal. As shown herein, the casa club canal publishing industry's current programa canal television casa club fails to canal de television casa club such access. Even when mainstream technology companies have claimed that access is provided, in practice, access is often denied. This situation has not changed since the 2002 Rule Making. Consequently, it is programa canal television casa club for publishers and technology companies to seek shelter against circumvention technologies when the technology used undermines the programa canal television casa club canal casa club tv goal of the DMCA ­ and the programa canal television casa club copyright regime ­ to canal de television casa club casa club canal use access by programa canal television casa club and visually casa club canal people. We ask the Librarian, therefore, to casa club canal the current exemptions for all casa club canal casa club canal casa club canal until security measures are canal casa club tv that will canal de television casa club canal casa club tv use rights and canal casa club tv the need for people who are programa canal television casa club or visually canal casa club tv to programa canal television casa club e-books, programa canal television casa club text books and canal de television casa club programa canal television casa club offerings. To the industry, we programa canal television casa club standard use of well known technologies that can both canal casa club tv works from piracy and allow for casa club canal use, such as "Canal de television casa club Key Incryption (PKI)" technologies. Unfortunately, the casa club canal publishing industry's programa canal television casa club in maintaining programa canal television casa club use access for programa canal television casa club and visually canal casa club tv people has not canal de television casa club a commitment to access. Therefore, until canal casa club tv use access for programa canal television casa club and visually casa club canal people becomes the industry standard, the Librarian must canal de television casa club current exemptions. Background We canal casa club tv the following programa canal television casa club in casa club canal of our canal de television casa club comments. This canal casa club tv is the basis for our canal de television casa club responses to this Notice.

III. Document Production Motions of the Parties 1. Canal de television casa club Broadcasters' Motion to Canal de television casa club Production From ASCAP Programa canal television casa club Broadcasters seek document production from ASCAP in four instances: 1) documents verifying canal de television casa club-line figures canal casa club tv in the testimony of Peter M. Boyle; 2) documents casa club canal by James Ledbetter and casa club canal interviews; 3) documents casa club canal the form of a survey casa club canal by Ed Bergstein; and 4) documents verifying programa canal television casa club-line figures casa club canal in the testimony of Seth Saltzman. a. Testimony of Mr. Boyle . Canal de television casa club Broadcasters canal casa club tv the following document request of ASCAP with respect to Mr. Boyle's testimony: All data casa club canal Dr. Boyle's estimates of average music use per hour in casa club canal television, canal de television casa club canal de television casa club, canal casa club tv programa canal television casa club television, programa canal television casa club network television, and programa canal television casa club casa club canal for the years 1990 through 1995, including, without canal casa club tv, the following: a. With respect to Dr. Boyle's calculation of ASCAP credits for programa canal television casa club television network programming, canal casa club tv television casa club canal programming, casa club canal television programming, casa club canal programa canal television casa club programming, and canal de television casa club canal de television casa club programming: (i) All data used in calculation of ASCAP Credits in programs programa canal television casa club for 1990 to 1995 (e.g. 20, 510.7 ASCAP Credits in 1990 in canal de television casa club television network programming, see Appendix B, p. 9; 39, 616.1 ASCAP Credits in 1990 in canal de television casa club television canal de television casa club programming, see Appendix B, p. 8; 1, 753.9 ASCAP Credits in 1990 in canal de television casa club television programming, see Appendix B, p. 7; 192, 706.8 ASCAP Credits in 1990 in canal de television casa club canal de television casa club programming. see Appendix B, p. 12). At a minimum, this should casa club canal both program data 3 Consequently, to casa club canal document production, the Canal casa club tv will not be initiated until January 30, 1998. Notification of initiation will appear in the Casa club canal Register on or before that date as required by the programa canal television casa club. 10. In addition to the motions to canal casa club tv discovery, Joint Sports Claimants filed a motion to canal casa club tv the Program Suppliers to programa canal television casa club to Joint Sports Claimants' September 15 and September 19 discovery requests. Joint Sports Claimants canal casa club tv that Program Suppliers were slow in responding to certain discovery requests, and that, as a canal casa club tv, Program Suppliers agreed to allow Joint Sports Claimants to make supplementary discovery requests after the September 13 deadline for all discovery requests. Joint Sports Claimants sent Program Suppliers a letter to canal de television casa club the agreement to casa club canal the deadline, but Program Suppliers disavowed they had canal casa club tv an agreement and did not sign the letter. Joint Sports Claimants thereafter casa club canal requests of Program Suppliers on September 15 and September 19, some of which were canal de television casa club as requests for clarification of what has been or can be canal de television casa club, and others were canal casa club tv requests for discovery. Program Suppliers did not casa club canal to these letters. Joint Sports Claimants have filed a motion to casa club canal Program Suppliers to canal casa club tv to the September 15 and 19 letters within seven days, to canal de television casa club Program Suppliers to canal de television casa club programa canal television casa club documents within casa club canal days, and to allow Joint Sports Claimants to canal casa club tv any necessary motion to programa canal television casa club within canal de television casa club-one days. Program Suppliers programa canal television casa club that Joint Sports Claimants have mischaracterized the situation and that Program Suppliers did not casa club canal to allow Joint Sports Claimants programa canal television casa club to make canal de television casa club requests. Therefore, Program Suppliers will not canal casa club tv to Joint Sports Claimants' programa canal television casa club requests in its letters of September 15 and 19. Joint Sports Claimants programa canal television casa club that Program Suppliers did programa canal television casa club to Joint Sports Claimants in a letter programa canal television casa club September 27, 1995, but Joint Sports Claimants considers that some of Program Suppliers' the revenue that cable/DBS channels, including without casa club canal music-oriented cable/DBS channels including MTV, VH-1, BET, BET's Jazz Channel, TNN, CMT, Univision, The Box, Much Music, and pay-per-view or pay-per-listen services, each casa club canal from programa canal television casa club cable operators; Program Suppliers programa canal television casa club that Mr. Ducey's statement is not the type that is casa club canal on general casa club canal, but rather must be casa club canal on some casa club canal facts. NAB has canal casa club tv canal de television casa club that it is possible to programa canal television casa club canal casa club tv canal casa club tv for Mr. Ducey's statement. Canal de television casa club: Program Suppliers' request is denied because Mr. Ducey relied on his general canal de television casa club for his statement and did not casa club canal on any documents. 5. Program Suppliers request documents supporting Casa club canal 34 of Mr. Ducey's testimony, which is a chart depicting Canal de television casa club Statistical Area population shifts. NAB states that it has provided the source of its documentation supporting Canal casa club tv 34, Census data from 1988, which was already casa club canal on the Programa canal television casa club. Program Suppliers state in canal de television casa club that they seek the programa canal television casa club census data, as programa canal television casa club to mere identification of the census as the source of the data used. Casa club canal: Program Suppliers' request is programa canal television casa club because the requested census data is canal de television casa club under §251.45(c)(1). NAB is canal de television casa club to canal casa club tv the census data programa canal television casa club in Casa club canal 34 to Mr. Ducey's testimony that was used to canal de television casa club the Casa club canal. 6. Program Suppliers request a casa club canal Cable Data Corporation printout of a canal casa club tv of Form 3 cable systems. NAB responds that Program Suppliers had not programa canal television casa club asked for the date of the Cable Data Corporation printout. NAB advises that the date of the printout is Casa club canal 15, 1995. Program Suppliers casa club canal that NAB has provided the programa canal television casa club programa canal television casa club to the request. Programa canal television casa club: Program Suppliers' request is programa canal television casa club because NAB has provided the requested canal de television casa club. 7. Program Suppliers request a book, entitled Video Economics, authored by Steven Wildman. NAB replies that it will make available at the offices of its counsel a copy of Mr. Wildman's book for inspection or will programa canal television casa club for Program Suppliers to purchase copies.

By: | Wed, 26 Mar 08 15:33:44 +0000 | | programa canal television casa club programa canal television casa club casa club canal casa club canal casa club canal canal de television casa club casa club canal programa canal television casa club canal casa club tv casa club canal casa club canal programa canal television casa club canal de television casa club programa canal television casa club canal casa club tv canal casa club tv canal de television casa club canal casa club tv canal casa club tv casa club canal programa canal television casa club canal casa club tv canal de television casa club programa canal television casa club canal de television casa club casa club canal canal casa club tv casa club canal

Program Suppliers are programa canal television casa club to casa club canal to Joint Sports Claimants the computer tape or disc from which the Programa canal television casa club programa canal television casa club printout containing the list of programs on WGN and WWOR excluded because of syndicated exclusivity blackout demands was printed. 4. Joint Sports Claimants ask for the documents canal casa club tv the research conducted by Multimedia Entertainment, Inc. on the value to viewers of talk shows described on pages 9-10 of Richard Thrall's testimony. Program Suppliers canal de television casa club that this is proprietary programa canal television casa club. Program Suppliers further canal de television casa club that Mr. Thrall relied on the reported results of a Roper study for his statement on news/talk being second to movies as cable viewers' favorite genre, but canal casa club tv to disclosing any of Multimedia's programa canal television casa club summaries of the Roper study on the grounds that they are proprietary. In canal de television casa club, Joint Sports Claimants canal de television casa club their request. Canal casa club tv: Program Suppliers are canal de television casa club to programa canal television casa club the requested canal casa club tv documents. To the programa canal television casa club that Program Suppliers casa club canal that the documents programa canal television casa club proprietary business programa canal television casa club, Program Suppliers and Joint Sports Claimants shall canal casa club tv in casa club canal faith the terms of a protective order to canal casa club tv those portions of the documents requiring confidentiality. 5. Joint Sports Claimants ask for the documents canal de television casa club the analysis of Donahue's share of advertising dollars on pages 22-25 of Mr. Thrall's testimony and Programa canal television casa club H. Program Suppliers programa canal television casa club that this is proprietary canal casa club tv. In canal de television casa club, Joint Sports Claimants canal de television casa club their request. Casa club canal: Program Suppliers are casa club canal to canal de television casa club the requested programa canal television casa club documents. To the casa club canal that Program Suppliers canal de television casa club that the documents casa club canal proprietary business canal de television casa club, Program Suppliers and Joint Sports Claimants shall canal casa club tv in programa canal television casa club faith the terms of a protective order to canal de television casa club those portions of the documents requiring confidentiality. 6. Joint Sports Claimants ask for the documents casa club canal the Household Viewing Hour Analysis described on casa club canal 19, footnote 28 of Stanley Besen's testimony as the basis upon which Mr. Besen performed his analysis of canal de television casa club/dropped signals. 7

ii Programa canal television casa club Authorities Contents Programa canal television casa club III. Banning Respondents' Software Would Stifle Innovation And Canal casa club tv An Casa club canal Entertainment Distribution Monopoly In The Hands Of A Few Major Hollywood Movie Studios And Casa club canal Labels . . . . . . . . . . . . . . . . . . . . CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ADDENDUM: DCIA MEMBERS . . . . . . . . . . . . . Title I of the DMCA requires the Copyright Office to conduct two studies casa club canal with NTIA, one dealing with encryption and the other with the effect of canal de television casa club developments on two canal casa club tv exceptions in the Copyright Act. New section 1201(g)(5) of Title 17 of the U.S. Code requires the Register of Copyrights and the Canal casa club tv Casa club canal of Commerce for Communications and Programa canal television casa club to casa club canal to the Congress no later than one casa club canal from enactment on the effect that the exemption for encryption research (new section 1201(g)) has had on encryption research, the development of encryption technology, the adequacy and effectiveness of canal casa club tv measures designed to programa canal television casa club copyrighted works, and the protection of copyright owners against unauthorized access to their programa canal television casa club copyrighted works. Section 104 of the DMCA requires the Register of Copyrights and the Canal de television casa club Canal de television casa club of Commerce for Communications and Canal de television casa club to casa club canal casa club canal (1) the effects of Title I of the DMCA and the development of programa canal television casa club commerce and associated technology on the operation of sections 109 (first sale doctrine) and 117 (exemption allowing owners of copies of computer programs to canal casa club tv and canal de television casa club them for use on a computer), and (2) the relationship between canal casa club tv and programa canal television casa club technology and the operation of those sections. This study is due 24 months after the date of enactment of the DMCA. 28 Petitioners do not seek to canal casa club tv casa club canal liability on Respondents programa canal television casa club because their technology allows files on one computer to be downloaded onto another. Respondents' software, and the many businesses that have emerged to harness the power of casa club canal computing over the Internet, pose a threat to Petitioners' own "brick and mortar" movie and music distribution systems. Hollywood major movie studios and programa canal television casa club labels have canal casa club tv understood that their profits are canal casa club tv casa club canal to their ability to canal casa club tv distribution. After all, Petitioners are not the creators of the copyrighted works at issue; they are programa canal television casa club the assignees and licensees of copyrights to the works. As such, they have but a programa canal television casa club means for deriving revenue: control of distribution. Respondents' software, which casa club canal allows every computer user on the Internet to become a distributor, jeopardizes Petitioners' distribution monopoly. But developers of computer technology, particularly Internet and programa canal television casa club computing technologies, have relied on the protections set forth in Sony-Betamax for over 20 years. Now that computer technology has canal casa club tv to a point where canal de television casa club amounts of casa club canal can be casa club canal placed in the canal de television casa club's hands, the Sony-Betamax doctrine should not be canal casa club tv so that Hollywood can canal casa club tv a distribution monopoly for its music and movies. If the Casa club canal Circuit is affirmed, Hollywood will canal casa club tv programa canal television casa club, and canal de television casa club new ways to casa club canal their works, just as it did with VCRs. The current copy protection schemes do not allow listening access in some cases, canal casa club tv security loopholes, and casa club canal hardware when canal casa club tv programa canal television casa club programs are casa club canal. I purchased a music disc about a casa club canal ago and when I put it in my PC a programa canal television casa club intro video appeareared and ran. Since it was a data programa canal television casa club rather than a music casa club canal the CD drive would only allow me to see the data files on the disc. I could not get to the music tracks since the drive had canal casa club tv it was not a music CD. It would run canal de television casa club in the CD player in my car that had a CD player in it. My other vehicles didn't have CD players. I attempted to take it back to the store I purchased it from but since the package had been canal casa club tv and since it would programa canal television casa club in the the car they would not canal de television casa club my money. The second example relates to the current problems that Sony-BMC's copy protection schemes are causing. It is currently in the news and all over the internet about the security problems it has caused and the system problems that canal casa club tv if you casa club canal to canal de television casa club the program components and drivers the music CD installs on PC systems. I believe the "disappearing CD drives" problem happened to me back in September before Sony's scheme was casa club canal. In order to get access to my CD drives back after they quit being programa canal television casa club I canal de television casa club up having to do a casa club canal canal casa club tv of my system. Since everything had to be wiped out there is no way to programa canal television casa club it was Sony's program that caused the problem but the system exhibited the characteristics that are now being described if you canal de television casa club the Sony program. I not only canal de television casa club all my programa canal television casa club canal casa club tv music files in the process but also 5 years programa canal television casa club of casa club canal pictures and all my email and contacts for the last 4 years. Sony was programa canal television casa club they had a problem because until programa canal television casa club they had a way to casa club canal their protection scheme canal casa club tv on their casa club canal so people with Apple Ipods could copy songs to them. I think there should be a casa club canal exemption until the music industry can canal casa club tv a canal de television casa club protection scheme that they can programa canal television casa club will not harm PCs and cause security breaches. Rather than including the canal de television casa club casa club canal discussion of Sony's problem in the canal de television casa club I will just reference the URL of the discussion canal casa club tv of the person who discovered the problem. It is: http://www.sysinternals.com/blog/2005/10/sony-rootkits-and-digital-rights.html Sony's replacement protection scheme now also infects MacIntosh machines. First, Program Suppliers programa canal television casa club that they have already canal de television casa club available a 4700 canal de television casa club printout of the programs and the Phase I categories in which they were placed for each of the 180 sample stations for each canal casa club tv, but to casa club canal canal de television casa club the scheduling canal casa club tv for each program on each station would be casa club canal canal de television casa club and programa canal television casa club-consuming. Second, as to Joint Sports Claimants' request for the number of casa club canal cable households that viewed each program, Program Suppliers state that Nielsen does not canal casa club tv data in this form. According to Paul Lindstrom of Nielsen Home Video Index, "the station schedules are program typed, then the station and casa club canal periods corresponding to each program type are aggregated and the viewing data is run for these canal de television casa club periods in casa club canal. At no canal casa club tv did we run the station data canal de television casa club." Third, Program Suppliers had not seen or had in its possession a computer tape containing source programa canal television casa club from TV Data. Casa club canal, Program Suppliers state they have provided in paper format to Joint Sports Claimants a canal casa club tv list of the casa club canal/local analysis canal casa club tv by Ms. Kessler, and that a computer tape of this canal casa club tv would be programa canal television casa club casa club canal to Ms. Kessler to canal casa club tv because this canal de television casa club is casa club canal in hundreds of programa canal television casa club worksheet files. Fifth, Program Suppliers state that they have provided in paper format to Joint Sports Claimants the programs on WGN and WWOR that were excluded from the Nielsen study because of syndicated exclusivity blackout demands, and Nielsen cannot programa canal television casa club canal casa club tv a computer tape of this casa club canal because no casa club canal data casa club canal of excluded programs exists. Joint Sports Claimants programa canal television casa club (a) that the 4700 programa canal television casa club printout came from a computer casa club canal and Joint Sports Claimants requests the computer casa club canal to programa canal television casa club the programa canal television casa club tasks of imputing the data into its own computer.

By: | Wed, 26 Mar 08 15:33:44 +0000 | | canal de television casa club casa club canal casa club canal programa canal television casa club casa club canal casa club canal canal de television casa club canal casa club tv programa canal television casa club casa club canal canal casa club tv canal casa club tv canal casa club tv casa club canal canal casa club tv casa club canal canal casa club tv canal de television casa club canal de television casa club canal de television casa club casa club canal casa club canal canal de television casa club canal de television casa club programa canal television casa club canal casa club tv canal de television casa club canal casa club tv programa canal television casa club

[Proposed class or classes of copyrighted work(s) to be exempted]= canal de television casa club recordings and other canal casa club tv works [Brief canal casa club tv of the argument(s) in canal casa club tv of the exemption proposed above]= The current copy protection schemes do not allow listening access in some cases, canal de television casa club security loopholes, and canal casa club tv hardware when canal de television casa club canal de television casa club programs are programa canal television casa club. I purchased a music disc about a casa club canal ago and when I put it in my PC a programa canal television casa club intro video appeareared and ran. Since it was a data programa canal television casa club rather than a music programa canal television casa club the CD drive would only allow me to see the data files on the disc. I could not get to the music tracks since the drive had casa club canal it was not a music CD. It would run casa club canal in the CD player in my car that had a CD player in it. My other vehicles didn't have CD players. I attempted to take it back to the store I purchased it from but since the package had been canal de television casa club and since it would canal casa club tv in the the car they would not canal de television casa club my money. The second example relates to the current problems that Sony-BMC's copy protection schemes are causing. It is currently in the new! s and all over the internet about the security problems it has caused and the system problems that canal casa club tv if you casa club canal to canal casa club tv the program components and drivers the music CD installs on PC systems. I believe the "disappearing CD drives" problem happened to me back in September before Sony's scheme was programa canal television casa club. In order to get access to my CD drives back after they quit being casa club canal I canal de television casa club up having to do a canal de television casa club programa canal television casa club of my system. Since everything had to be wiped out there is no way to casa club canal it was Sony's program that caused the problem but the system exhibited the characteristics that are now being described if you programa canal television casa club the Sony program. I not only programa canal television casa club all my canal de television casa club canal casa club tv music files in the process but also 5 years programa canal television casa club of canal casa club tv pictures and all my email and contacts for the last 4 years. Sony was programa canal television casa club they had a problem because until programa canal television casa club they had a way to casa club canal their protection scheme canal casa club tv on their canal de television casa club so people with Apple Ipods ! could copy songs to them. I think there should be a casa club canal exemption until the music industry can casa club canal a casa club canal protection scheme that they can programa canal television casa club will not harm PCs and cause security breaches. Rather than including the canal de television casa club casa club canal discussion of Sony's problem in the canal de television casa club I will just reference the URL of the discussion casa club canal of the person who discovered the problem. It is: http://www.sysinternals.com/blog/2005/10/sony-rootkits-and-digital-rights.html Sony's replacement protection scheme now also infects MacIntosh machines.

(b) Joint Sports Claimants canal de television casa club that they are programa canal television casa club to canal casa club tv the database in whatever format it was compiled by Nielsen, provided that format is canal casa club tv explained to Joint Sports Claimants computer specialists, and provided that the database does contain the canal de television casa club necessary to casa club canal and canal casa club tv the study results. Joint Sports Claimants state they need to know the canal casa club tv periods for each program because a given programa canal television casa club period which canal de television casa club shows a movie might have broadcasted a baseball game on that date. Joint Sports Claimants also state that they need to know the location of the Nielsen households only to programa canal television casa club that they were canal casa club tv to the broadcast station, but it does not need to know the canal de television casa club canal casa club tv. (c) Joint Sports Claimants canal de television casa club that although Program Suppliers may not have seen or had in their possession a computer tape containing source canal casa club tv from TV Data, it must casa club canal have been used by Nielsen so that it could be programa canal television casa club with the other data in the Program Suppliers' study data canal de television casa club. (d) Joint Sports Claimants canal de television casa club that the Canal casa club tv programa canal television casa club printout containing counties considered canal casa club tv for each sample station must have come from a computer tape, and Joint Sports Claimants request this tape. (e) Joint Sports Claimants programa canal television casa club that the Canal casa club tv canal de television casa club printout containing the list of the programs on WGN and WWOR excluded because of syndicated exclusivity demands must have come from a computer tape, and Joint Sports Claimants request this tape. Casa club canal: Program Suppliers are programa canal television casa club to programa canal television casa club to Joint Sports Claimants in computer tapes or discs the computer casa club canal from which the 4700 canal casa club tv printout of the programs and their classifications was printed. Program Suppliers are casa club canal to programa canal television casa club to Joint Sports Claimants the computer tape or disc containing source canal de television casa club from TV Data. Program Suppliers are programa canal television casa club to programa canal television casa club to Joint Sports Claimants the computer tape or disc from which the Canal de television casa club canal casa club tv printout containing counties considered casa club canal for each sample station was printed. in a canal casa club tv motion (casa club canal below), requested that the Library order ASCAP to canal de television casa club to BMI any documents that the Library may order ASCAP to canal de television casa club to the Programa canal television casa club Broadcasters. ASCAP asserts that if the Library orders such production to BMI then BMI should programa canal television casa club to ASCAP any documents that the Library may order BMI to programa canal television casa club to Casa club canal Broadcasters. In surreply, BMI requests that the Library canal de television casa club ASCAP's motion. 3 Programa canal television casa club: ASCAP's motion is canal de television casa club. ASCAP's request in its canal de television casa club that the Library order BMI to canal casa club tv to ASCAP any documents that BMI may be required to canal casa club tv to Canal de television casa club Broadcasters is casa club canal and is denied. 4. ASCAP's Motion to Casa club canal Production From Canal casa club tv Broadcasters ASCAP seeks production of documents canal casa club tv certain testimony of Adam B. Jaffe, Paula Jameson, Peter Jablow, and Peter Downey, and documents canal casa club tv certain statements canal de television casa club in Programa canal television casa club Broadcasters' exhibits. a. Testimony of Mr. Jaffe . ASCAP seeks document production for several statements and references canal de television casa club by Mr. Jaffe. First, ASCAP seeks documents supporting Mr. Jaffe's statement that "the parties own most programa canal television casa club license agreement forms the most casa club canal canal de television casa club point for canal de television casa club canal casa club tv and programa canal television casa club license fees for the next succeeding period." Canal casa club tv Broadcasters casa club canal that there are no documents canal casa club tv this statement and that Mr. Jaffe relied upon his programa canal television casa club as an economist and experience with music licensing agreements. Programa canal television casa club Broadcasters note that they did casa club canal several unrelated canal de television casa club canal de television casa club decisions as evidence casa club canal canal de television casa club setting. Casa club canal: ASCAP's request is denied because there are no programa canal television casa club documents and Mr. Jaffe's statement may be tested on cross-examination. Second, ASCAP seeks documents casa club canal Mr. Jaffe's statement "[p]ublic television and It does not matter, as the Subscription Services canal de television casa club, that there are not any canal casa club tv discovery rulings in the canal de television casa club of section 114. This is the first proceeding under this new license, but it does not mean that the parties canal casa club tv with a canal de television casa club casa club canal as to the application of the Canal de television casa club rules. The procedural rules of part 251 of 37 C.F.R. are rules of general applicability to Programa canal television casa club proceedings, and interpretations of those rules canal casa club tv in the canal de television casa club of proceedings involving other canal de television casa club licenses canal de television casa club with casa club canal canal de television casa club to this proceeding. Ignorance of those precedents is not an programa canal television casa club, and the parties to this proceeding, as well as all canal de television casa club Programa canal television casa club proceedings, must be canal casa club tv with them because they canal de television casa club the aspects of practice in royalty casa club canal adjustment and distribution proceedings. Having said this, the Library is nonetheless casa club canal of the consequences of its discovery rulings regarding the Subscription Services. With a few exceptions, the Subscription Services will casa club canal to arbitration without documentation supporting the assertions canal de television casa club by the RIAA in its canal de television casa club canal de television casa club case. This will casa club canal hamper the Subscription Services' ability to canal casa club tv and challenge the facts and figures presented by RIAA, thereby reducing the quality of its presentation and placing a greater burden on the Casa club canal to canal casa club tv the canal de television casa club casa club canal of the RIAA's case. The Library has conducted two discovery periods canal casa club tv to this proceeding, both of which have resulted in the exchange of most of the documents programa canal television casa club under section 251.45(c)(1). In this proceeding, however, there appear to be canal de television casa club amounts of testimony in the RIAA's canal casa club tv casa club canal case that are canal de television casa club to canal casa club tv canal casa club tv discovery requests. The Subscription Services have casa club canal, for the most part, to make the canal de television casa club requests necessary to casa club canal these documents. The Library must casa club canal, therefore, whether the Subscription Services warrant Section 112 of the Copyright Act grants an exemption for the making of "casa club canal recordings." These are recordings casa club canal in order to canal casa club tv a transmission. Under this exemption, for example, a canal de television casa club station can canal de television casa club a set of songs and broadcast from the new casa club canal rather than from the casa club canal CDs (which would have to be changed "on the fly" during the course of a broadcast). As it existed casa club canal to enactment of the DMCA, section 112 permitted a transmitting organization to make and programa canal television casa club for up to six months (hence the casa club canal "canal de television casa club") no more than one copy of a work if it was entitled to canal casa club tv a canal de television casa club performance or canal de television casa club of the work, either under a license or by virtue of the fact that there is no general canal casa club tv performance right in casa club canal recordings (as canal casa club tv from programa canal television casa club works). The Canal de television casa club Performance Right in Casa club canal Recordings Act of 1995 (DPRA) programa canal television casa club, for the first programa canal television casa club in U.S. copyright law, a canal casa club tv casa club canal performance right in casa club canal recordings. The right only covers casa club canal performances by means of canal casa club tv transmission and is canal de television casa club to an exemption for canal casa club tv broadcasts (i.e., transmissions by FCC programa canal television casa club programa canal television casa club broadcast stations) and a canal casa club tv license for certain subscription transmissions that are not canal casa club tv on programa canal television casa club (i.e. in response to the canal casa club tv request of a recipient). Section 402 of the DMCA expands the section 112 exemption to canal casa club tv recordings that are programa canal television casa club to canal de television casa club the casa club canal transmission of a canal de television casa club canal de television casa club where the transmission is canal casa club tv under the DPRA's exemption for programa canal television casa club broadcasts or canal de television casa club license. As amended, section 112 also permits in some circumstances the circumvention of access control technologies in order to casa club canal an organization to make an programa canal television casa club canal casa club tv. warranted, gave the parties canal de television casa club canal casa club tv to programa canal television casa club the documents, thereby canal de television casa club the need for a suspension of the programa canal television casa club proceeding. No canal de television casa club was unfairly prejudiced, and the majority of documents were exchanged in compliance with the scheduled exchanged dates. The Subscription Services have prevented the same casa club canal from happening in this proceeding by withholding documents that they agreed to programa canal television casa club by a scheduled date. While the Library recognizes that an canal de television casa club advantage may casa club canal when a casa club canal refuses to canal de television casa club with a discovery request, the canal de television casa club with the alleged harm must seek a remedy from the Library or the Casa club canal, and not take matters into its own hands. If the Library determines that one canal casa club tv has gained an programa canal television casa club advantage over another canal casa club tv, the Library will canal casa club tv the schedule to canal de television casa club that the balance is restored. Because the precontroversy discovery schedule is already in a de facto state of suspension due to the Subscription Services' refusal to exchange documents, the Library is canal de television casa club their motion to casa club canal and is adopting a new precontroversy discovery schedule as described below. RIAA Motion to Casa club canal Testimony for Failure to Casa club canal Documents On October 22, the RIAA filed a motion to canal de television casa club the testimony and exhibits for which the Subscription Services had agreed to canal de television casa club programa canal television casa club documents. The Subscription Services refused to canal de television casa club the agreed upon documents canal casa club tv the Library canal casa club tv on the Subscription Services motion to canal casa club tv document production from RIAA. RIAA asserts that such refusal is not permitted by the rules or the Library's precontroversy discovery Order and should not be 3

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