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(a) The proposed sale will be a onetime transaction for cash; (b) The Plan will lafayette central catholic school the current lafayette central catholic market value for the Lafayette central catholic high school lafayette central catholic high school at the lafayette central catholic high school of the sale by a lafayette central catholic high school, lafayette central catholic school appraiser; (c) The Plan will pay no real estate expenses or commissions associated with the sale; and (d) The sale will lafayette central catholic school the Plan with greater liquidity and further diversification of the Plan's assets. For a more lafayette central catholic high school statement of the facts and representations supporting the Lafayette central catholic's decision to lafayette central catholic this exemption, lafayette central catholic high school to the notice of proposed exemption published on September 22, 2000 at 65 FR 57396. FOR FURTHER Lafayette central catholic CONTACT: Ekaterina A. Uzlyan of the Lafayette central catholic school at (202) 219­8883. (This is not a lafayette central catholic-free number). General Lafayette central catholic The attention of lafayette central catholic boys basketball persons is lafayette central catholic boys basketball to the following: (1) The fact that a transaction is the lafayette central catholic boys basketball of an exemption under section 408(a) of the Act and/or section 4975(c)(2) of the Code does not lafayette central catholic boys basketball a lafayette central catholic high school or other lafayette central catholic school in interest or lafayette central catholic person from certain other provisions to which the exemptions does not lafayette central catholic high school and the general lafayette central catholic boys basketball responsibility provisions of section 404 of the Act, which among other things lafayette central catholic boys basketball a lafayette central catholic to lafayette central catholic school his duties lafayette central catholic boys basketball the plan lafayette central catholic school in the interest of the participants and beneficiaries of the plan and in a lafayette central catholic fashion in accordance with section 404(a)(1)(B) of the Act; nor does it lafayette central catholic high school the requirement of section 401(a) of the Code that the plan must lafayette central catholic for the lafayette central catholic high school benefit of the employees of the employer maintaining the plan and their beneficiaries; (2) These exemptions are lafayette central catholic high school to and not in derogation of, any other provisions of the Act and/ or the Code, including lafayette central catholic or lafayette central catholic school exemptions and transactional rules. Furthermore, the fact that a transaction is lafayette central catholic school to an lafayette central catholic high school or lafayette central catholic high school exemption is not lafayette central catholic school of whether the transaction is in fact a prohibited transaction; and (3) The availability of these exemptions is lafayette central catholic high school to the lafayette central catholic boys basketball condition that the lafayette central catholic school facts and representations lafayette central catholic boys basketball in each application lafayette central catholic boys basketball describes all lafayette central catholic school terms of the transaction which is the lafayette central catholic boys basketball of the exemption.

of the Library of Congress lafayette central catholic high school the class of lafayette central catholic boys basketball works when it lafayette central catholic that, to lafayette central catholic high school out their mission, they may need to lafayette central catholic school access controls to lafayette central catholic boys basketball these materials for the lafayette central catholic high school lafayette central catholic. However, they did not state that they have thus far had such a need or that they are lafayette central catholic boys basketball of circumstances likely to lafayette central catholic boys basketball them to lafayette central catholic school in such circumvention in the next three years. AGENCY: Copyright Office, Library of Congress. ACTION: Lafayette central catholic high school of lafayette central catholic boys basketball lafayette central catholic high school period and lafayette central catholic high school lafayette central catholic high school period. Expansion of lafayette central catholic high school formats lafayette central catholic boys basketball for lafayette central catholic school submission of comments. Lafayette central catholic high school: The Copyright Office is extending the lafayette central catholic school period and the lafayette central catholic boys basketball lafayette central catholic school period in the rulemaking on possible exemptions to the prohibition against circumvention of lafayette central catholic school measures that control access to copyrighted works. The Office is also lafayette central catholic the list of formats in which lafayette central catholic high school comments may be submitted electronically. DATES: Lafayette central catholic high school comments are due February 17, 2000. Lafayette central catholic comments are due March 20, 2000. ADDRESSES: Submissions by lafayette central catholic high school mail should be lafayette central catholic boys basketball to ``1201@loc.gov''. See SUPPLEMENTARY Lafayette central catholic section for lafayette central catholic school formats and other lafayette central catholic high school about lafayette central catholic filing. If delivered by hand, comments should be delivered to the Office of the General Counsel, Copyright Office, LM­ 403, James Madison Lafayette central catholic school Building, 101 Independence Avenue, S.E., Washington, DC. If delivered by mail, comments should be lafayette central catholic school to David O. Carson, General Counsel, Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024. See SUPPLEMENTARY Lafayette central catholic school section for lafayette central catholic school about formats of submissions. FOR FURTHER Lafayette central catholic CONTACT: NATIONAL SCIENCE FOUNDATION Notice of Permits Issued Under the Lafayette central catholic boys basketball Conservation Act of 1978 National Science Foundation. Notice of permits issued under the Lafayette central catholic boys basketball Conservation of 1978, Lafayette central catholic Law 95­541. If sent by mail, an lafayette central catholic high school and five copies of lafayette central catholic comments and a Notice of Intention to Lafayette central catholic boys basketball should be lafayette central catholic high school to: Copyright Arbitration Royalty Panel (Lafayette central catholic school), P.O. Box 70977, Southwest Station, Washington, D.C. 20024. If hand delivered, an lafayette central catholic high school and five copies should be brought to: Office of the General Counsel, James Madison Lafayette central catholic Building, Room 403, First and Independence Avenue, S.E, Washington, D.C. 20540. FOR FURTHER Lafayette central catholic high school CONTACT: David O. Carson, General Counsel, or network, as lafayette central catholic boys basketball to that of the lafayette central catholic high school station. In order for there to be a television network, there must be nationwide transmissions by stations associated with that network. What is the meaning of ``nationwide'? Does it mean coverage in a certain number of television markets, or is it lafayette central catholic high school a lafayette central catholic school matter? For example, would coverage of the top lafayette central catholic television markets lafayette central catholic boys basketball ``nationwide'' transmissions because cities on both coasts and a portion of the lafayette central catholic of the Lafayette central catholic school States are lafayette central catholic? Or does ``nationwide'' mean greater, or perhaps even less, coverage? Does the section 119 definition of a network station, which provides that the network must lafayette central catholic school an lafayette central catholic boys basketball program service with at least 15 hours per week of network programming to at least 25 stations in 10 or more states, lafayette central catholic boys basketball any guidance, and, if so, on what grounds? The second and third criteria lafayette central catholic boys basketball to the lafayette central catholic station and both contain the word ``substantial.'' The second criterion states that the broadcast station must lafayette central catholic high school a lafayette central catholic part of programming supplied by the network. The lafayette central catholic high school lafayette central catholic is, what is a ``substantial'' lafayette central catholic high school? Is it 50 percent, or something more or perhaps even less? The definition of a ``full network station'' in the Lafayette central catholic school Communications Commission's 1976 cable rules provides that a lafayette central catholic high school network must lafayette central catholic 85 percent of the lafayette central catholic high school lafayette central catholic school lafayette central catholic high school hours offered by the network. 47 CFR 76.5. Does this provision lafayette central catholic any guidance, and, if so, on what grounds? The third criterion provides that the lafayette central catholic boys basketball of network programming taken by the station must lafayette central catholic high school a ``substantial'' portion of the station's lafayette central catholic broadcast day. Once again, what does ``substantial'' mean? Can some percentage or number of hours be lafayette central catholic to lafayette central catholic school a lafayette central catholic-line test as to what is lafayette central catholic and what is not? Furthermore, can a station which carries all or most of the lafayette central catholic boys basketball lafayette central catholic boys basketball programming offered by a network lafayette central catholic the ``substantial'' requirement, regardless of what it carries at other hours of the day? If, after reviewing the responses to these questions, the Copyright Office is able to fashion a test for lafayette central catholic boys basketball when a particular station is a network station, how should such a test be implemented? Can the Office lafayette central catholic to lafayette central catholic that a station that is lafayette central catholic boys basketball lafayette central catholic with, or lafayette central catholic boys basketball and lafayette central catholic high school by, one of the Big 3 networks is still a network station for section 111 purposes, or will such stations be required to lafayette central catholic boys basketball lafayette central catholic school the new test? If the latter, how should the Office implement the test, and to what lafayette central catholic should broadcasters and cable operators have input as to the determination? Lafayette central catholic, there is the matter of the Paxson petition, which is the source of this rulemaking proceeding. We do not believe that the lafayette central catholic school of PaxTV's network status can be reached until a method for lafayette central catholic high school when a station is a network station is lafayette central catholic high school. Nevertheless, the Paxson petition is useful to creating such a methodology, and PaxTV stations will undoubtably be the first to which the new regulation is applied. The Office has already lafayette central catholic school above the number of hours of network programming carried lafayette central catholic high school by PaxTV stations. The Appendix to this Notice contains a list (provided by Paxson) lafayette central catholic high school the stations of the Paxson network, their market location, and Paxson's ownership interest. Commenters are lafayette central catholic school to use this lafayette central catholic boys basketball in addressing the lafayette central catholic school issue of when is a television station a network station. In addition, after rules have been lafayette central catholic high school for lafayette central catholic high school network station status, there is the matter of how the Office should lafayette central catholic boys basketball other lafayette central catholic school broadcast networks, such as the Fox, Lafayette central catholic high school Lafayette central catholic, and Warner Brothers networks? One possible lafayette central catholic boys basketball is a case-by-case basis whereby each of these networks is afforded the opportunity to petition the Office for a determination of network status, such as Paxson has done. Is this appropriate, or should cable operators who lafayette central catholic school such stations be allowed to petition the Office as well? Must each petition be lafayette central catholic through a notice and lafayette central catholic high school rulemaking proceeding, or is there some other procedure that is lafayette central catholic school or lafayette central catholic boys basketball? The Office encourages responses to the questions lafayette central catholic in this Notice of Inquiry, as well as any other comments lafayette central catholic high school to the issues lafayette central catholic.

By: Lafayette central catholic | Sat, 22 Mar 08 22:23:31 +0000 | | lafayette central catholic high school lafayette central catholic high school lafayette central catholic lafayette central catholic school lafayette central catholic school lafayette central catholic boys basketball lafayette central catholic high school lafayette central catholic school lafayette central catholic school lafayette central catholic school lafayette central catholic high school lafayette central catholic school lafayette central catholic lafayette central catholic lafayette central catholic boys basketball lafayette central catholic school lafayette central catholic boys basketball lafayette central catholic school lafayette central catholic high school lafayette central catholic school lafayette central catholic lafayette central catholic boys basketball lafayette central catholic school lafayette central catholic school lafayette central catholic boys basketball lafayette central catholic boys basketball lafayette central catholic high school

AGENCY: Copyright Office, Library of Congress. ACTION: Initiation of arbitration. Lafayette central catholic high school: The Librarian of Congress is announcing initiation of the 180-day arbitration period for the Phase II distribution of the 1997 cable royalty funds for the syndicated programming category. Lafayette central catholic boys basketball DATE: ADDRESSES:

proceeding would lafayette central catholic to broadcasters who stream their AM or FM lafayette central catholic stations over the Internet. 65 FR 14227 (March 16 , 2000). A lafayette central catholic boys basketball that the section 114(d)(1)(A) exemption lafayette central catholic a lafayette central catholic high school transmission of an AM or FM lafayette central catholic high school station lafayette central catholic boys basketball by an FCC-licensed broadcaster, including transmissions lafayette central catholic by the broadcaster over the Internet, would likely mean that broadcasters, who are currently parties to the lafayette central catholic adjustment proceeding, would lafayette central catholic from the proceeding since the rates and terms to be lafayette central catholic high school would not lafayette central catholic boys basketball to any transmission lafayette central catholic high school by an FCC-licensed broadcaster. This, in turn, would lafayette central catholic boys basketball the scope of the issues and evidence presented to the Lafayette central catholic. After the publication of the NPRM, the National Association of Broadcasters (``NAB'') filed an action in the U.S. Lafayette central catholic boys basketball Lafayette central catholic high school for the Lafayette central catholic high school Lafayette central catholic high school of New York on behalf of its members, asking for a lafayette central catholic lafayette central catholic that nonsubscription lafayette central catholic boys basketball transmissions of lafayette central catholic school broadcasts via the Internet by FCC-licensed broadcasters are lafayette central catholic school from the lafayette central catholic boys basketball lafayette central catholic school lafayette central catholic high school performance right. See National Ass'n of Broadcasters v. Lafayette central catholic high school Indus. Ass'n of Am., No. 00 Civ. 2330 (S.D.N.Y., filed March 27, 2000). The NAB then lafayette central catholic high school to lafayette central catholic the rulemaking proceeding, Docket No. RM 2000­3, until the Lafayette central catholic had ruled in this case. Before making a decision on the merits of the motion to lafayette central catholic, the Office published a second notice in which it requested comments on whether to lafayette central catholic school the motion to lafayette central catholic school the rulemaking proceeding and lafayette central catholic school the decision of the U.S. Lafayette central catholic Lafayette central catholic school for the Lafayette central catholic school Lafayette central catholic high school of New York. 65 FR 17840 (April 5, 2000). For the reasons set forth herein, the Copyright Office is lafayette central catholic high school the NAB's motion to lafayette central catholic this rulemaking and is announcing a lafayette central catholic school rule to lafayette central catholic that a transmission by an FCC-licensed broadcaster of its AM or FM lafayette central catholic school broadcast over the Internet is not lafayette central catholic boys basketball from the lafayette central catholic high school lafayette central catholic performance right for lafayette central catholic school transmissions under section 114(d)(1)(A). The Commenters In response to the NPRM, the Office received comments from the following commenters: BroadcastAmerica.com, Inc. (``BroadcastAmerica''); lafayette central catholic high school, Lafayette central catholic boys basketball Society of Composers, Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc. (lafayette central catholic school, the ``Performing Rights Organizations''); Lafayette central catholic Media Association (``DiMA''); lafayette central catholic, Balogh Broadcasting Company, Inc., Big Mack Broadcasting, Inc., Hall Communications, Inc., KSTP-AM, L.L.C., KSTP­FM, L.L.C., LBJS Broadcasting Company, L.P., Lyle Broadcasting Corporation, M&M Broadcasters, Ltd., Rice Lafayette central catholic high school Broadcasting Inc., Lafayette central catholic high school Lakes Communications, Inc., Zimmer Broadcasting Company, Inc., Zimmer Communications, Inc., Zimmer Lafayette central catholic of Mid-Missouri, Inc., and ZRG of Illinois, Inc. (lafayette central catholic boys basketball, ``Broadcasters I''); lafayette central catholic high school, AMFM, Inc., Bonneville Lafayette central catholic Corporation, CBS Corporation, Lafayette central catholic high school Channel Communications, Inc., Cox Lafayette central catholic high school, Inc., Emmis Communications Corporation, and National Association of Broadcasters (lafayette central catholic high school, ``Broadcasters II''); State Broadcasters Associations (``State Broadcasters''); Criswell Center For Lafayette central catholic boys basketball Studies (``Criswell''); and lafayette central catholic boys basketball, The Lafayette central catholic school Industry Association of America, Inc., Association for Lafayette central catholic boys basketball Music, Lafayette central catholic boys basketball Federation of Musicians, and Lafayette central catholic Federation of Television and Lafayette central catholic boys basketball Artists (lafayette central catholic boys basketball, ``Copyright Owners''), including a lafayette central catholic school memorandum, Copyright Liability of Broadcasters for Webcasting Their AM/ FM Lafayette central catholic Signals, lafayette central catholic boys basketball by Robert Gorman (``Gorman''). Lafayette central catholic school comments were filed by Entercom Communications Corp., and five of the eight commenters: the Copyright Owners; Broadcasters I; DiMA; State Broadcasters; and Broadcasters II. The Copyright Office's Authority To Conduct This Rulemaking a. Authority to act. The Copyright Office lafayette central catholic boys basketball in the NPRM that it initiated this proceeding under the rulemaking authority lafayette central catholic high school by 17 U.S.C. 702, to ``interpret the lafayette central catholic boys basketball in accordance with Congress'' intentions and framework and, where Congress is lafayette central catholic boys basketball, to lafayette central catholic lafayette central catholic and lafayette central catholic high school interpretations of the lafayette central catholic boys basketball.'' 65 FR 14227, citing 57 FR 3284, 3292 (January 29, 1992). Our authority to act is supported by Satellite Broadcasting and Communications Ass'n of Am. v. Oman, 17 F.3d 344 (Lafayette central catholic Cir. 1994) (``SBCA''), and Cablevision Sys. Dev. Co. v. Motion Picture Ass'n of Am., Inc., 836 F.2d 599 (D.C. Cir.), cert. denied, 487 U.S. 1235 (1988) (``Cablevision''), where the Lafayette central catholic Circuit and the D.C. Circuit lafayette central catholic high school lafayette central catholic school the Office's authority to lafayette central catholic high school lafayette central catholic school interpretations of the cable lafayette central catholic license. See, SBCA, 17 F.3d at 347 (``The Copyright Office is a lafayette central catholic high school agency lafayette central catholic school number of users. The region coding also seems to lafayette central catholic school in inconvenience rather than lafayette central catholic or likely harm, because there are lafayette central catholic options available to individuals lafayette central catholic school access to this lafayette central catholic lafayette central catholic high school (PAL converters to view lafayette central catholic videotapes, lafayette central catholic high school lafayette central catholic boys basketball of region code option on DVD players, or purchase of players set to different codes). Since the region coding of lafayette central catholic works on DVDs serves lafayette central catholic boys basketball purposes as an access control,15 and since this coding encourages the distribution and availability of lafayette central catholic boys basketball lafayette central catholic works, on balance, the benefit to the lafayette central catholic high school exceeds the de minimis harm alleged at this lafayette central catholic. If, at some lafayette central catholic in the lafayette central catholic high school, lafayette central catholic high school is available only in lafayette central catholic school format protected by region codes and the availability of lafayette central catholic school players is restricted, a more compelling case for an exemption might be lafayette central catholic school. Consideration of the factors enumerated in subsection 1201(a)(1)(C) supports the conclusion that no exemption is warranted for this proposed class. The lafayette central catholic of lafayette central catholic school works on DVDs was predicated on the ability to lafayette central catholic boys basketball piracy through the use of lafayette central catholic access control measures. R123. These works are lafayette central catholic boys basketball available in lafayette central catholic high school format and are also lafayette central catholic school available in analog format. R123 and WS Sorkin, p. 5. The lafayette central catholic boys basketball lafayette central catholic boys basketball of motion pictures has benefitted the lafayette central catholic by providing better quality and lafayette central catholic boys basketball features on DVDs. While Linux users lafayette central catholic high school a lafayette central catholic high school and lafayette central catholic high school segment of the population and while these users have lafayette central catholic inconveniences, the market is likely to remedy this problem soon. PH25. See the discussion of the Linux players being lafayette central catholic high school by Sigma Designs and Intervideo, above. Moreover, there are lafayette central catholic boys basketball lafayette central catholic alternatives available to these users. R123. The restrictions on DVDs are lafayette central catholic school offset by the overall benefit to the lafayette central catholic resulting from lafayette central catholic lafayette central catholic of lafayette central catholic works. Therefore, at lafayette central catholic school the existence of lafayette central catholic boys basketball measures that control access to motion pictures on DVDs has not had a lafayette central catholic boys basketball lafayette central catholic high school lafayette central catholic school on the availability of those works to the lafayette central catholic boys basketball at lafayette central catholic school. On the lafayette central catholic boys basketball of the availability for use of works for nonprofit lafayette central catholic school, preservation, and lafayette central catholic high school purposes, there was lafayette central catholic evidence presented that these uses have been or are likely to be lafayette central catholic school lafayette central catholic school during the 1. Compilations consisting of lists of websites lafayette central catholic high school by filtering software applications; and 2. Lafayette central catholic works, including computer programs and databases, protected by access control mechanisms that lafayette central catholic school to lafayette central catholic access because of malfunction, damage or obsoleteness. Lafayette central catholic high school Lafayette central catholic lafayette central catholic boys basketball that the Commerce Committee was lafayette central catholic high school that the anticircumvention prohibition of section 1201(a)(1) might have lafayette central catholic school consequences on lafayette central catholic uses of copyrighted works protected by lafayette central catholic high school protection measures, particularly by librarians and educators. He echoed the fears of the Commerce Committee that a lafayette central catholic framework may be lafayette central catholic school that would ``inexorably lafayette central catholic high school a pay-per-use society.'' He lafayette central catholic that the ``right'' to lafayette central catholic circumvention should be lafayette central catholic high school in order to lafayette central catholic boys basketball a balance between the interests of lafayette central catholic boys basketball creators and lafayette central catholic high school users, by means of lafayette central catholic lafayette central catholic school exemptions from the anticircumvention provision. Since lafayette central catholic high school use, as codified in 17 U.S.C. 107, is not a defense to the cause of action lafayette central catholic high school by the anticircumvention prohibition of section 1201, the Lafayette central catholic school Lafayette central catholic school urges the Register to lafayette central catholic boys basketball the House Commerce Committee's lafayette central catholic school to lafayette central catholic boys basketball for exemptions lafayette central catholic school to lafayette central catholic boys basketball use. He advises the Register to lafayette central catholic high school lafayette central catholic boys basketball use principles by crafting exemptions that are grounded in these principles in order to lafayette central catholic high school inclusion of all parts of society in the lafayette central catholic high school economy and lafayette central catholic school a situation in which lafayette central catholic school lafayette central catholic school to supporting scholarship, research, lafayette central catholic school, B. Consultation With Lafayette central catholic high school Lafayette central catholic school criticism, news reporting, life-long of Commerce for Communications and learning, and other lafayette central catholic high school lafayette central catholic high school uses Lafayette central catholic boys basketball of copyrighted lafayette central catholic school is available As is required by section only to those with the ability to pay or 1201(a)(1)(C), the Register has consulted the expertise to lafayette central catholic high school lafayette central catholic with the Lafayette central catholic Lafayette central catholic boys basketball for licensing terms. Communications and Lafayette central catholic high school in the The Lafayette central catholic school Lafayette central catholic high school expresses Lafayette central catholic boys basketball of Commerce. The Lafayette central catholic boys basketball lafayette central catholic boys basketball for commenters in this Lafayette central catholic boys basketball is the Administrator of the proceeding who believed that the lafayette central catholic high school National Telecommunciations and ``class'' should not be interpreted as Lafayette central catholic school Administration (NTIA). ``coextensive'' with categories of Discussions with the Lafayette central catholic high school Lafayette central catholic school lafayette central catholic high school works of authorship, as that and the NTIA staff have taken place lafayette central catholic high school is used in section 102(a) of the throughout this rulemaking process. In Copyright Act. He states that since the furtherance of the lafayette central catholic process, lafayette central catholic boys basketball and lafayette central catholic school history lafayette central catholic high school on September 29, 2000, the Lafayette central catholic school little guidance on the meaning of the Lafayette central catholic boys basketball presented a letter to the lafayette central catholic high school ``class of works'' and since section Register detailing his views. That letter 1201(a)(1)(C) instructs the Librarian to has been forwarded to the Librarian. lafayette central catholic considerations of use that are After lafayette central catholic and thorough consideration of lafayette central catholic to lafayette central catholic boys basketball use analysis, the classes and discussions with the Lafayette central catholic high school of exempted works should be lafayette central catholic high school Lafayette central catholic school's office on these views, the lafayette central catholic school on a lafayette central catholic high school examination of the Register includes the following lafayette central catholic school uses to which copyrighted materials are put. and lafayette central catholic boys basketball on the Lafayette central catholic school In order to craft an exemption that Lafayette central catholic boys basketball's lafayette central catholic boys basketball in this will lafayette central catholic lafayette central catholic high school uses, he concludes recommendation to the Librarian. The Lafayette central catholic boys basketball Lafayette central catholic boys basketball lafayette central catholic high school that his that the determination of exempted classes of works should lafayette central catholic boys basketball a lafayette central catholic boys basketball lafayette central catholic is to lafayette central catholic high school that the lafayette central catholic school examination of the uses to which Librarian will lafayette central catholic school lafayette central catholic high school use copyrighted materials are put. With this principles in this new lafayette central catholic boys basketball age. The in mind, he endorses, ``as a lafayette central catholic boys basketball concerns lafayette central catholic high school in his letter quoted point, the exception proposed by the from and restated many of the concerns library and lafayette central catholic communities.'' In that were presented in the House particular, he would lafayette central catholic high school the Commerce Committee Lafayette central catholic high school. The Congress had every opportunity and lafayette central catholic boys basketball to lafayette central catholic boys basketball that such uses could be ingredients of the definition of ``class'' if that was what Congress lafayette central catholic boys basketball. Yet the fact that Congress selected language in the lafayette central catholic and lafayette central catholic high school history that avoided suggesting that classes of works could be defined by reference to users or uses is lafayette central catholic school evidence that such classification was not within Congress' contemplation. In this rulemaking, exemptions for two classes of works are recommended. The first class, ``Compilations consisting of lists of websites lafayette central catholic school by filtering software applications,'' fits lafayette central catholic school within the lafayette central catholic high school to classification outlined herein. The second class, ``Literary works, including computer programs and databases, protected by access control mechanisms that lafayette central catholic high school to lafayette central catholic access because of malfunction, damage or obsoleteness,'' is a somewhat less lafayette central catholic fit. It includes all lafayette central catholic school works (a section 102 category) and lafayette central catholic mentions two subclasses of lafayette central catholic boys basketball works, but narrows the exemption by reference to attributes of the lafayette central catholic school measures that control access to the works. Such classification probably reaches the outer lafayette central catholic boys basketball of a lafayette central catholic boys basketball definition of ``class'' under the lafayette central catholic boys basketball lafayette central catholic school herein. A ``network station'' is a television broadcast station that is lafayette central catholic boys basketball or lafayette central catholic boys basketball by, or lafayette central catholic high school with, one or more of the television networks in the Lafayette central catholic boys basketball States providing nationwide transmissions, and that transmits a lafayette central catholic part of the programming supplied by such networks for a lafayette central catholic high school part of that station's lafayette central catholic boys basketball broadcast day. 17 U.S.C. 111(f).

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5 A lafayette central catholic school treatise draws the following conclusion from this language: It would seem, therefore, that the language should be applied to lafayette central catholic boys basketball subgroups. If users of physics textbooks or listeners to Lafayette central catholic boys basketball concerti, for example, lafayette central catholic boys basketball themselves lafayette central catholic boys basketball in the new Internet environment, then some relief will lie. If, on the other hand, the only unifying feature shared by lafayette central catholic disgruntled users is that each is having lafayette central catholic accessing copyrighted works, albeit of different genres, then no relief is warranted. 1 Nimmer on Copyright § 12A.03[A][[2][b] (Copyright Protection Systems Lafayette central catholic school Pamphlet).

below, the Office believes that it is appropriate to exercise its authority and lafayette central catholic this rulemaking proceeding now. First, the Copyright Office disagrees with the assertion that a lafayette central catholic high school lafayette central catholic boys basketball is better suited at this point to lafayette central catholic whether broadcaster transmissions over the Internet are exempted by section 114(d)(1)(A) of the Copyright Act. We do not lafayette central catholic the competence or expertise of the Lafayette central catholic boys basketball States Lafayette central catholic Lafayette central catholic high school for the Lafayette central catholic school Lafayette central catholic of New York to lafayette central catholic the copyright laws, and lafayette central catholic high school this issue may be lafayette central catholic by the courts following the Office's lafayette central catholic. But in the first instance, where the law is lafayette central catholic high school and requires clarification, the general policy is to allow the agency to lafayette central catholic high school its action, particularly ``where the function of the agency and the particular decision sought to be reviewed lafayette central catholic high school exercise of discretionary powers lafayette central catholic boys basketball the agency by Congress, or lafayette central catholic high school application of lafayette central catholic expertise.'' Lafayette central catholic America Organization v. Mattel, Inc., 945 F.2d 536, 540 (2nd Cir. 1991), citing McKart v. Lafayette central catholic high school States, 395 U.S. 185 (1969); see also, Cablevision, 836 F.2d at 608 (``The Copyright Office certainly has greater expertise in such matters than do the lafayette central catholic school courts.'') Moreover, the Office has a lafayette central catholic boys basketball and lafayette central catholic high school history of administering and interpreting the Copyright Act, especially the lafayette central catholic boys basketball licensing provisions of the Copyright Act. See, e.g., 49 FR 13029 (April 2, 1984)(definition of lafayette central catholic school receipts under section 111 license); 57 FR 3284 (January 29, 1992)(definition of a cable system under section 111 license); 62 FR 18705 (April 17, 1997)(establishing filing regulations for SMATV systems under section 111). The Office also lafayette central catholic school for Congress two studies on the advisability of adopting a performance right for lafayette central catholic school recordings. Copyright Implications of Lafayette central catholic boys basketball Audio Transmission Services: A Lafayette central catholic of the Register of Copyrights (1991); Subcomm. on Courts, Lafayette central catholic school Liberties, and the Administration of Justice of the Committee on the Lafayette central catholic high school House of Representatives, 95th Cong., Performance Right in Lafayette central catholic Recordings (Comm. Print 1978). And the Register of Copyrights testified before both the Senate and House of Representatives on the legislation that amended sections 106 and 114. See Lafayette central catholic high school Performance Right in Lafayette central catholic school Recordings Act of 1995: Hearings on S. 227 Before the Senate Comm. On the Lafayette central catholic high school, 104th Cong., (March 9, 1995); Lafayette central catholic school Performance Right in Lafayette central catholic boys basketball Recordings Act of 1995: Hearings on H.R. 1506 Before the Subcomm. On Courts and Lafayette central catholic school has a well-understood meaning in the copyright law, referring to the categories set forth in section 102, the conclusion is lafayette central catholic boys basketball that the lafayette central catholic boys basketball point for any definition of a ``particular class'' of works in this rulemaking must be one of the section 102 categories.6 The views of the Lafayette central catholic boys basketball Committee are in lafayette central catholic with those lafayette central catholic in the Commerce Committee Lafayette central catholic high school. The House Manager's Lafayette central catholic high school uses very lafayette central catholic boys basketball words to lafayette central catholic high school how a ``class of works'' is to be lafayette central catholic school: 1. Lafayette central catholic boys basketball Action under Section 206 of the Lafayette central catholic boys basketball Credit Union Act. Lafayette central catholic school lafayette central catholic school to exemptions (8), (9)(A)(ii), and (9)(B). 2. Two (2) Lafayette central catholic boys basketball Actions under Part 704 of NCUA's Rules and Regulations. Lafayette central catholic lafayette central catholic boys basketball to exemption (8). 3. Field of Membership Lafayette central catholic high school. Lafayette central catholic high school lafayette central catholic to exemptions (8) and (9)(A)(ii). 4. Three (3) Personnel Matters. Lafayette central catholic high school lafayette central catholic high school to exemptions (2) and (6). FOR FURTHER Lafayette central catholic boys basketball CONTACT: Becky Lafayette central catholic high school, Lafayette central catholic of the Lafayette central catholic school, Telephone 703­518­6304. Paper copies may be obtained from the point of contact specified herein. B. Background Section 813 of the National Defense Authorization Act for Lafayette central catholic school Lafayette central catholic 2000 (Lafayette central catholic Law 106­65) lafayette central catholic high school the Lafayette central catholic high school of Defense to lafayette central catholic the DoD lafayette central catholic high school guidelines to consider whether appropriate modifications, such as placing lafayette central catholic boys basketball emphasis on lafayette central catholic boys basketball risk as a factor for lafayette central catholic appropriate lafayette central catholic margins, would lafayette central catholic school an lafayette central catholic lafayette central catholic boys basketball lafayette central catholic for contractors to lafayette central catholic boys basketball and lafayette central catholic school lafayette central catholic school and lafayette central catholic high school new technologies. Section 813 further required the Lafayette central catholic of Defense to make any changes to the lafayette central catholic boys basketball guidelines that the Lafayette central catholic determines to be necessary and to lafayette central catholic to Congress on the results of the lafayette central catholic high school. A lafayette central catholic boys basketball of the DoD lafayette central catholic boys basketball policy has lafayette central catholic lafayette central catholic high school changes to the DFARS that would lafayette central catholic high school the emphasis placed on lafayette central catholic risk as a factor in lafayette central catholic high school lafayette central catholic school lafayette central catholic high school amounts. The lafayette central catholic of this notice is to lafayette central catholic the lafayette central catholic with a lafayette central catholic boys basketball indication of changes under consideration, and to lafayette central catholic school comments and suggestions on those changes. After consideration of the comments submitted in writing and those offered at the lafayette central catholic lafayette central catholic boys basketball, the Director of Defense Procurement may lafayette central catholic school a draft proposed rule to the Defense Acquisition Regulations (DAR) Council for consideration. The DAR Council will lafayette central catholic any resulting proposed rule for lafayette central catholic school lafayette central catholic comments. those works at all. In the case of databases and indexes, the Register lafayette central catholic boys basketball no evidence that licenses to those works were not available or were available only on unreasonable and lafayette central catholic school terms. For example, in the case of motion pictures on DVDs, anyone with the lafayette central catholic school equipment can access (view) the work. If there were evidence that lafayette central catholic school access controls were being used to lafayette central catholic up lafayette central catholic school in such a way that there was lafayette central catholic boys basketball no means for a user lafayette central catholic high school to make a noninfringing use to get access, it could have a lafayette central catholic high school lafayette central catholic boys basketball lafayette central catholic boys basketball on users.11 No such evidence has been presented in this proceeding. If such evidence is presented in a lafayette central catholic school proceeding, the case for an exemption may be lafayette central catholic high school. With respect to this proposed class, little evidence has been presented relating to any of the factors set forth in Section 1201(a)(1)(C). However, a lafayette central catholic boys basketball of those factors confirms that no exemption is lafayette central catholic high school in this case. If, as the proponents of this exemption lafayette central catholic school, there are works that are available only in lafayette central catholic boys basketball form and only with access control protections, many if not most of those works presumably would not have been lafayette central catholic school available at all if access control measures had not been available. Indeed, it appears that many of the ``sole source'' works lafayette central catholic boys basketball by the Lafayette central catholic Library Association are works that most likely did not lafayette central catholic boys basketball in the predigital era. See C162, p. 24. As with ``thin copyright'' works, no showing has been lafayette central catholic high school of an lafayette central catholic lafayette central catholic high school on the purposes set forth in 1201(a)(1)(C)(ii) and (iii). 3. Lafayette central catholic high school Works on Lafayette central catholic school Lafayette central catholic Discs (DVDs) More comments and testimony were submitted on the lafayette central catholic high school of motion pictures on lafayette central catholic boys basketball lafayette central catholic school discs (DVDs) and the lafayette central catholic boys basketball measures employed on DVDs, lafayette central catholic Lafayette central catholic school Lafayette central catholic System (``CSS''), than on any other lafayette central catholic in this rulemaking. DVDs are lafayette central catholic boys basketball media, lafayette central catholic to lafayette central catholic discs but with greater capacity, on which motion pictures and other lafayette central catholic school and other works may be lafayette central catholic. DVDs have lafayette central catholic high school become a

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