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A New Day for the DMCA: The Chamberlain and Lexmark Decisions

Recent circuit-level decisions in Chamberlain v. Skylink and Lexmark v. Static Control Components interpreted the Digital Millenium Copyright Act in a manner that will prevent its use to restrict legitimate competition in after-market components. By placing on plaintiffs the burden of proving intent to infringe copyright, judges on both panels not only dictate the correct outcome in these cases, but also provided defendants in other cases a way to short-circuit litigation when infringement is nowhere to be seen. Published in Electronic & Commerce Law Vol. 9 No. 45 (November 2004).

pdf band-dmca-chamberlain-lexmark-24nov04.pdf

 
 

Letter to Orrin Hatch and Patrick J. Leahy re: S. 2560, Inducing Infringement of Copyrights Act of 2004 (Sept. 17, 2004)

Letter from interested organizations expressing concerns with the Copyright Office's September 9, 2004 recommended statutory language for a new form of secondary liability for copyright infringement.

pdf lt-hatch-leahy-induceact-17sep04.pdf

 
 

Letter to Orrin Hatch and Patrick J. Leahy re: S. 2560, Inducing Infringement of Copyrights Act of 2004 (Oct. 6, 2004)

Letter from public interest organizations asking the Senators not to bring up S. 2560 at their scheduled Executive Business Meeting on October 7.

pdf lt_oppose-2560-06oct04.pdf

 
 

Letter to Senators Hatch, Leahy, Daschle, and Frist re: S. 2560, the Induce Act (Aug. 24, 2004)

Letter from interested organizations, in response to the invitation to witnesses at the hearing before the Committee on the Judiciary, suggesting an alternative to S. 2560, the Induce Act.

pdf lt-senate-induceact-24aug04.pdf

 
 

Letter to Orrin Hatch re: S. 2560, Inducing Infringement of Copyrights Act of 2004 (Jul. 6, 2004)

Letter from interested organizations requesting that United States Senate Committee on the Judiciary hold hearings on S. 2560, the "Inducing Infringement of Copyrights Act of 2004" before taking action.

pdf lt-hatch-leahy-induceact-06jul04.pdf

 
 

Libraries Support H.R. 107, Digital Media Consumers' Rights Act

H.R. 107, the Digital Media Consumers' Rights Act, is needed to restore a proper balance in copyright law between the rights of copyright users and the rights of copyright owners--a balance that is essential to the future conduct of research and education in the digital age.

pdf 107libstatement23june04.pdf

 
 

Personal Technology Freedom Coalition Created

Press release announcing that a broad group of organizations and companies representing diverse sectors of the U.S. economy has come together to form a new organization, the Personal Technology Freedom Coalition.

pdf pr-personal-tech-freedom-coal-22jun04.pdf

 
   
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