Competition, innovation, and public policy in the digital age: is the marketplace working to protect digital creative works? : hearing before the Committee on the Judiciary, United States Senate, One Hundred Seventh Congress, second session, March 14, 2002

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32. lappuse - In short, we must often, in deciding questions of this sort, look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supersede the objects of the original work.
129. lappuse - publicly" means — (1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or (2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate...
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128. lappuse - Congress shall have power to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries, and to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.
104. lappuse - ... encoding rules' that protect current consumer practices - again, based on Section 1201 (k) of the DMCA. There are no such encoding rules for DVI. Each of these interfaces offers different advantages. Some consumer electronics companies envision home networks in which each interface connection would be available to consumers - some TV receivers might be designed to rely on the '1394' inputs, some on DVI, some on both. Connections to digital VCRs. for example, would be made through the 1394 interface,...
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131. lappuse - ... the legal right to do so has been exhausted. Because the first sale provision furthers the important public policies of promoting competition and maximizing dissemination of copyrighted works, the rights it confers cannot be extinguished either by non-negotiable contracts or technological controls. To conclude otherwise would make the rights granted by the first sale doctrine merely contingent on the technological prowess or goodwill of copyright owners. ANTITRUST CONCERNS Non-negotiable end-user...
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