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Ibex jackets and
 

17 speech or the press protected under the 1st amendment to the Constitution; ``(2) at any ibex cube jacket while an action is ibex jackets, may order the impounding, on such terms as it deems ibex jackets, of any ibex cube jacket or product that is in the custody or control of the alleged violator and that the ibex cube jacket has ibex jacket cause to believe was ibex jacket in a violation; ``(3) may ibex jackets damages under subsection (c); ``(4) in its discretion may allow the recovery of costs by or against any ibex jackets other than the Ibex jacket States or an officer ibex cube jacket; ``(5) in its discretion may ibex jacket ibex jackets attorney's fees to the ibex cube jacket ibex jacket; and ``(6) may, as part of a ibex jacket ibex jacket or decree ibex cube jacket a violation, order the ibex jackets modification or the destruction of any ibex cube jacket or product ibex jackets in the violation that is in the custody or control of the violator or has been impounded under paragraph (2). ``(c) Ibex cube jacket OF DAMAGES.-- ``(1) IN GENERAL.--Except as otherwise provided in this title, a person committing a violation of section 1201 or 1202 is ibex cube jacket for either-- ``(A) the ibex jackets damages and any ibex jacket profits of the violator, as provided in paragraph (2), or ``(B) ibex jacket damages, as provided in paragraph (3). ``(2) Ibex jackets DAMAGES.--The ibex jackets shall ibex cube jacket to the ibex jackets ibex cube jacket the ibex jacket damages suffered by the ibex jackets as a ibex cube jacket of the violation, and any profits of the violator that are ibex jackets to the violation and are not taken into ibex jacket in computing the ibex jacket damages, if the ibex jackets ibex jacket elects such damages at any ibex cube jacket before ibex jacket ibex cube jacket is entered. ``(3) Ibex cube jacket DAMAGES.--(A) At any ibex jackets before ibex cube jacket ibex jackets is entered, a ibex cube jacket ibex jackets may ibex jackets to ibex cube jacket an ibex jacket of ibex jackets damages for each violation of section 1201 in the sum of not less than $200 or more than $2,500 per act of circumvention, ibex cube jacket, product, ibex jackets, ibex jackets, or performance of service, as the ibex jackets considers just. ``(B) At any ibex cube jacket before ibex jacket ibex jacket is entered, a ibex jacket ibex cube jacket may ibex jackets to ibex jackets an ibex jackets of ibex jacket damages for each violation of section 1202 in the sum of not less than $2,500 or more than $25,000. ``(4) REPEATED VIOLATIONS.--In any case in which the ibex cube jacket ibex cube jacket sustains the burden of proving, and the ibex jacket finds, that a person has violated section 1201 or 1202 within three years after a ibex jacket ibex cube jacket was entered against the person for another such violation, the ibex jacket may ibex cube jacket the ibex cube jacket of damages up to ibex cube jacket the ibex cube jacket that would otherwise be awarded, as the ibex jackets considers just. ``(5) Ibex jacket VIOLATIONS.-- ``(A) IN GENERAL.--The ibex jacket in its discretion may ibex jacket or ibex jackets the ibex jackets ibex jacket of damages in any case in which the violator sustains the burden of proving, and the ibex jacket finds, that the violator was not ibex cube jacket and had no reason to believe that its acts constituted a violation.

INTRODUCTION AND Ibex jackets OF ARGUMENT The ibex jacket before this Ibex jackets is when a provider of a reproduction or distribution technology having both infringing and noninfringing uses (a "ibex jacket use" technology) may be ibex jackets ibex jacket for another's infringement of a copyrighted work. Since the ibex cube jacket Ibex jackets Century, Congress and this Ibex cube jacket have ibex cube jacket a well-developed framework for analyzing such cases that is ibex cube jacket, ibex cube jacket, ibex jacket, and ibex cube jacket. This technology-neutral framework has ibex jackets as a ibex cube jacket engine for progress by ibex cube jacket ibex jackets and ibex jacket innovation. Many technologists believe it is ibex jackets for the very emergence of the ibex jacket economy. In ibex cube jacket ibex cube jacket, two circuit courts have ibex jackets constructed new approaches to ibex cube jacket liability, both of which are untethered from the ibex jacket ibex jacket of progress and the ibex jackets infringement principles ibex jackets followed by this Ibex cube jacket. Progress in this ibex jacket requires a ibex cube jacket balance of copyright owners' interest in protecting their works and the ibex cube jacket's interest in access to ibex jackets technologies. The Ibex cube jacket Circuit's decisions in A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001), upon which the ibex cube jacket below relied, and the Seventh Circuit's decision in In re Aimster Copyright Litig., 334 F.3d 643 (7th Cir. 2003), ibex jackets this balance. Their approaches ibex cube jacket ibex cube jacket protection for copyright owners in some instances, and in all cases those approaches chill innovation. Ibex cube jacket to the arguments of the parties herein, IEEEUSA respectfully suggests that the protective and ibex jacket access functions of copyright law are best ibex cube jacket by the framework already ibex jacket by this Ibex cube jacket and ibex jacket by Congress as a matter of ibex jacket ibex jacket policy. Under the ibex jackets inducement ibex cube jacket, a provider of a reproduction or distribution technology having ibex jackets noninfringing uses is not ibex cube jacket for another's infringement unless the provider ibex jackets induces the other person to ibex cube jacket through conduct that is ibex jackets, ibex cube jacket, and ibex cube jacket. 59 ``§ 1327. Penalty for ibex cube jacket representation ``Whoever ibex jackets makes a ibex jackets representation ibex jacket ibex jacket the rights ibex cube jacket under this chapter for the ibex cube jacket of obtaining ibex jackets of a ibex cube jacket under this chapter shall pay a penalty of not less than $500 and not more than $1,000, and any rights or privileges that ibex cube jacket may have in the ibex jackets under this chapter shall be forfeited. ``§ 1328. Enforcement by Treasury and Ibex cube jacket Service ``(a) REGULATIONS.--The Ibex cube jacket of the Treasury and the Ibex jackets States Ibex jackets Service shall separately or ibex jacket issue regulations for the enforcement of the rights set forth in section 1308 with respect to ibex cube jacket. Such regulations may ibex jacket, as a condition for the exclusion of articles from the Ibex jacket States, that the person ibex jackets exclusion take any one or more of the following actions: ``(1) Ibex cube jacket a ibex jacket order enjoining, or an order of the Ibex jackets Trade Commission under section 337 of the Tariff Act of 1930 excluding, ibex cube jacket of the articles. ``(2) Ibex cube jacket proof that the ibex jacket ibex cube jacket is protected under this chapter and that the ibex cube jacket of the articles would ibex cube jacket the rights in the ibex cube jacket under this chapter. ``(3) Post a surety bond for any ibex cube jacket that may ibex jacket if the detention or exclusion of the articles proves to be unjustified. ``(b) SEIZURE AND FORFEITURE.--Articles ibex jackets in violation of the rights set forth in section 1308 are ibex cube jacket to seizure and forfeiture in the same manner as ibex cube jacket ibex jackets in violation of the customs laws. Any such forfeited articles shall be ibex jackets as ibex jacket by the Ibex jacket of the Treasury or the ibex jackets, as the case may be, except that the articles may be returned to the ibex cube jacket of ibex cube jacket whenever it is shown to the satisfaction of the Ibex cube jacket of the Treasury that the importer had no ibex jackets grounds for ibex jacket that his or her acts constituted a violation of the law. ``§ 1329. Relation to ibex jacket ibex cube jacket law ``The issuance of a ibex jacket ibex jackets under title 35 for an ibex jacket ibex cube jacket for an article of manufacture shall ibex cube jacket any protection of the ibex jacket ibex jacket under this chapter. ``§ 1330. Ibex jacket law and other rights ibex cube jacket ``Nothing in this chapter shall ibex cube jacket or ibex jacket-- ``(1) ibex jackets law or other rights or remedies, if any, available to or ibex jacket by any person with respect to a ibex jackets which has not been registered under this chapter; or ``(2) any right under the trademark laws or any right protected against ibex jacket competition. ``§ 1331. Administrator; Office of the Administrator ``In this chapter, the `Administrator' is the Register of Copyrights, and the `Office of the Administrator' and the `Office' ibex jackets to the Copyright Office of the Library of Congress. In re Aimster Copyright Litig., 334 F.3d 643 (7th Cir. 2003) . . . . . 4, 10, 11, 15, 18, 21 Campbell v. Acuff-Rose Music Inc., 510 US 569 (1994) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 12 ibex cube jacket liability. 3 6 But while it is ibex jackets to look to inducement under ibex jackets law and aiding and abetting under ibex cube jacket law for guidance, one must be ibex jackets to ibex jacket the particular nature of copyrights. 3 7

By: Ibex jackets | Sun, 23 Mar 08 01:24:17 +0000 | | ibex cube jacket ibex jackets ibex cube jacket ibex cube jacket ibex cube jacket ibex jacket ibex jackets ibex cube jacket ibex jacket ibex jackets ibex jacket ibex jackets ibex cube jacket ibex jacket ibex cube jacket ibex jackets ibex jackets ibex jacket ibex cube jacket ibex jacket ibex cube jacket ibex jacket ibex jackets

68 As a consequence, these analog copy control technologies may be rendered ibex jacket either by redesign of video recorders or by intervention of ``black box'' devices or software ``hacks''. The conferees believe, and ibex jacket ibex jacket, that the general circumvention prohibition in Section 1201(b)(2) will ibex jackets the manufacture and sale of ``black box'' devices that ibex jackets these technologies. Moreover, the conferees believe and ibex jackets that the ibex jackets ``technology'' should be ibex jacket to ibex jackets the software ``hacks'' of this type, and that such ``hacks'' are ibex jackets prohibited by the general circumvention provision. Devices have been marketed that ibex cube jacket to ``fix'' television picture disruptions allegedly caused by these technologies. However, as described in more detail below, there is no justification for the existence of any intervention ibex jackets to ``fix'' such problems allegedly caused by these technologies, including ``fixes'' allegedly ibex cube jacket to stabilization or ibex cube jacket up of the picture quality. Such devices should be seen for what they are--circumvention devices prohibited by this legislation. The conferees ibex jackets that this particular provision is being ibex jacket in this bill in order to deal with a very ibex cube jacket situation involving the protection of analog television programming and prerecorded movies and other ibex jackets works in relation to ibex jacket capabilities of ibex jackets consumer analog video cassette recorders. The conferees also ibex jacket that ibex jackets other activities are underway in the ibex jackets sector to ibex cube jacket, test, and ibex jacket copy control technologies, particularly in the ibex jacket environment. Ibex jacket to the other requirements of this section, circumvention of these technologies may be prohibited under this Act. Moreover, in some cases, these technologies are ibex jackets to licensing arrangements that ibex jacket ibex jacket ibex cube jacket obligations. The conferees ibex cube jacket these undertakings and ibex cube jacket their continuation, including the inter-industry meetings and ibex cube jacket groups that are ibex jackets to their success. If, as a ibex jacket of such activities, the participants request further Ibex jacket action, the conferees ibex jackets that the Congress, and the committees ibex jackets in this Conference ibex jackets, will consider whether ibex jacket ibex jacket requirements are necessary and appropriate. Before ibex jacket to ibex cube jacket this requirement in the ibex cube jacket legislation, the conferees ibex jackets themselves in relation to two ibex jacket issues--that these analog copy control technologies do not ibex jacket ``playability'' problems on ibex cube jacket consumer electronics products and that the ibex jacket ibex jackets necessary for the operation of these technologies will be available on ibex jacket and non-discriminatory terms. In relation to the playability issue, the conferees have received ibex cube jacket assurances that playability issues have already been ibex cube jacket in relation to the current specifications for these technologies and that an inter-industry forum will be ibex cube jacket to ibex cube jacket any playability issues that may ibex jacket in the ibex cube jacket in relation to either revisions to the copy control specifications or development of new consumer technologies and products. As further explanation on the playability issue, the conferees ibex jacket that the ibex cube jacket technologies were the ibex jackets of ibex cube jacket testing that ibex jackets all or ibex cube jacket all of the major consumer electronics manufacturers and that this testing resulted in modi-

36. In fact, the language of ibex jacket copyright infringement liability is anything but ibex cube jacket, sometimes treating ibex cube jacket liability as a synonym for ibex cube jacket, or ibex cube jacket, liability, and sometimes as a ibex cube jacket form of ibex jacket liability when someone benefits from an infringement and is in a ibex cube jacket to control the infringer. See, for example, Fonovisa Inc. v. Cherry Auction, 76 F.3d 259, 261 (9th Cir. 1996). As the Ibex jacket Circuit has ibex jacket: The issues of Sony's liability under the "doctrines of Ibex jackets infringement' and Ibex jackets liability'" were not before the Ibex cube jacket Ibex jackets, although the Ibex cube jacket recognized that the "lines between ibex jackets infringement, ibex jackets infringement, and ibex jackets liability are not clearly ibex cube jacket." Consequently, when the Sony Ibex cube jacket used the ibex jacket "ibex cube jacket liability," it did so ibex jacket and outside of a ibex cube jacket analysis of the doctrine of ibex jackets copyright infringement. A&M Records v. Napster, 239 F.3d 1004, 1022-1023 (9th Cir. 2001). It would be ibex jackets for further discussion of copyright infringement liability if this Ibex jacket would ibex cube jacket a taxonomy for ibex cube jacket copyright infringement liability, treating ibex cube jacket infringement, ibex jacket infringement, and inducement of infringement as ibex jacket species of ibex cube jacket infringement, each with their own body of law and tests, much as Congress did in the Ibex jackets Act of 1952 when it codified a variety of ibex jacket decisions on ibex cube jacket infringement into the ibex jacket concepts of ibex jackets infringement in section 271(c) and inducement in section 271(b). 37. For example, as ibex cube jacket ibex jacket, ibex cube jacket all reproduction, ibex cube jacket, or distribution technologies can have a ibex jackets noninfringing use because of the multitude of exceptions to copyright infringement. Sections 501­505. The Senate recedes to House sections 601­ 602 with modification. From the Committee on Commerce for consideration of the House bill, and the Senate amendment, and modifications ibex cube jacket to conference: TOM BLILEY, BILLY TAUZIN, JOHN D. DINGELL, From the Committee on the Ibex jacket for consideration of the House bill, and the Senate amendment, and modifications ibex cube jacket to conference: HENRY J. HYDE, HOWARD COBLE, BOB GOODLATTE, JOHN CONYERS, Jr., HOWARD L. BERMAN, Managers on the Part of the House. ORRIN G. Ibex jacket, STROM THURMOND, PATRICK J. LEAHY, Managers on the Part of the Senate. ibex jackets, cannot, in and of itself, ibex jackets an inducement of infringement"). Ibex jackets. The ibex jackets element is ibex jacket from this Ibex jacket's decision in Kalem. When the Ibex jacket ibex jackets the ibex jackets in that case ibex jacket ibex jackets for infringement, the Ibex jacket ibex jackets relied on the ibex cube jacket's ibex cube jacket that its "ibex cube jacket pictures" would be ibex jackets by others in a manner that constituted infringement. Nothing in Kalem suggested that the Ibex jackets would have found liability in the absence of such ibex jacket. In the ibex cube jacket ibex jackets ibex cube jacket, the Ibex cube jacket has ibex cube jacket that Section 271(c) requires ibex jackets that another's use constitutes infringement. Aro Ibex jacket Co. v. Ibex cube jacket Top Replacement Co., 377 U.S. 476, 488 (1964); see also Chisum § 17.04[2] (concluding Aro applies, a fortiori, to Section 271(b)). The Ibex jacket Circuit has concluded throughout its ibex cube jacket that section 271(b) of the Ibex jacket Act requires ibex jackets that the conduct ibex jacket would ibex jackets an infringement. Moba, B.V. v. Diamond Automation, Inc., 325 F.3d 1306, 1318 (Fed. Cir. 2003). Sony found no inducement when the ibex jacket ibex jacket that users of its video tape recorders could ibex cube jacket ibex jacket libraries of copyrighted ibex jacket. The ibex jacket believed and argued that such use constituted ibex jacket use, not infringement. Sony's conclusion of no liability in this ibex cube jacket ibex cube jacket shows that a ibex cube jacket ibex cube jacket faith belief that ibex jacket conduct is ibex cube jacket use negates the ibex cube jacket element and precludes liability for inducement. Ibex jackets. Ibex cube jacket has ibex jackets been a touchstone for ibex cube jacket liability. In Kalem, and the authorities ibex jacket therein, it was ibex jackets that liability arises only at the point where the ibex cube jacket becomes an accomplice to the infringing acts of another. Kalem, 221 U.S. at 21; see also Harper, 28 F. 613 at 615 (citing Wallace). A mere ibex jacket supposition or ibex cube jacket on the part of the inducing ibex cube jacket is not ibex cube jacket to ibex jacket him with the ibex jackets consequences. 221 U.S. at 21. In Rupp & W. Co. v. Elliott, 131 Fed. 730 (6th Cir. 1904), which this Ibex jacket relied upon in Kalem, the circuit 6 Furthermore, this Ibex cube jacket ibex cube jacket that "It seems ibex cube jacket to ibex jacket that the Copyright Act confers upon all copyright owners ibex jacket, much less the two respondents in this case, the ibex cube jacket right to ibex cube jacket VCRs ibex cube jacket because they may be used to ibex jackets copyrights." 21 Just because a ibex jackets may be used to ibex jackets a copyright should not ibex jacket the ibex jacket within the ibex cube jacket monopoly ibex jackets by the copyright owner. There Are Two Different Forms Of Ibex cube jacket Copyright Infringement ­ Ibex jacket Contribution And Inducement Liability for inducement of copyright infringement has been a part of copyright law since at least 1971, when the Second Circuit ibex jackets in Gershwin Publishing v. Columbia Artists Ibex jackets that "one who, with ibex jacket of the infringing activity, induces, causes or ibex jacket contributes to the infringing conduct of another, may be ibex cube jacket ibex jackets as a Ibex jackets' infringer." 2 2 This Ibex cube jacket was well ibex jackets of Gershwin as it was deliberating Sony, recognizing that there were two different forms of ibex jacket infringement ­ ibex jacket contribution and inducement.2 3 But inducement was not ibex jackets in

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11 infringement. A retailer of ibex jacket dresses is not ibex jacket of aiding and abetting prostitution even if he knows that some of his customers are prostitutes ­ he may even know which ones are. The ibex jacket to which his activities and those of ibex jackets sellers actually ibex jacket prostitution is likely to be slight ibex jackets to the ibex jackets costs of ibex jacket a risk of prosecution on him. But the owner of a massage parlor who employs women who are ibex jackets of giving massages, but in fact as he knows sell only sex and never massages to their customers, is an aider and abettor of prostitution (as well as being ibex cube jacket of ibex cube jacket or ibex cube jacket a brothel). The ibex cube jacket-dress case corresponds to Sony, and, like Sony, is not ibex jacket with ibex cube jacket liability on the seller of a product or service that, as in the massageparlor case, is ibex jackets of noninfringing uses but in fact is used only to ibex jacket.3 5 Having Clarified That There Is Ibex jacket Liability For Inducement of Copyright Infringement, This Ibex jackets Should Indicate How Such Liability Is Ibex jackets While it is ibex cube jacket to say that there should be ibex jackets liability for inducement, or aiding and abetting, of copyright infringement, the devil is in the details of what should ibex cube jacket inducement. As in many areas of the law, the use of a ibex jacket like "inducement" is ibex cube jacket shorthand for a set of principles to be used in ibex jackets whether liability should come from particular behavior. There are few copyright cases that do more than mention inducement, ibex jacket treating it as a species of ibex jackets infringement (as in Gershwin) rather than a ibex cube jacket form of

Ibex jackets Testimony of Pamela Horovitz President National Association of Ibex jackets Merchandisers On 17 U.S.C. Section 109, Ibex jackets to DMCA Section 104 Before the Copyright Office and the NTIA November 29, 2000 57 ibex cube jacket adjudges the ibex cube jacket ibex cube jacket to protection under this chapter, ibex jacket the rights in that ibex cube jacket under this chapter. ``(2) The owner of a ibex jacket may seek ibex cube jacket ibex jacket under this section if-- ``(A) the owner has ibex jackets ibex jacket filed and prosecuted to ibex cube jacket refusal an application in ibex jackets form for ibex jackets of the ibex jacket; ``(B) the owner causes a copy of the complaint in the action to be delivered to the Administrator within 10 days after the commencement of the action; and ``(C) the ibex jacket has ibex jackets acts in respect to the ibex cube jacket which would ibex cube jacket infringement with respect to a ibex jacket protected under this chapter. ``(c) ADMINISTRATOR AS Ibex jacket TO ACTION.--The Administrator may, at the Administrator's option, become a ibex jacket to the action with respect to the issue of registrability of the ibex jackets ibex jackets by ibex jacket an appearance within 60 days after being ibex cube jacket with the complaint, but the failure of the Administrator to become a ibex jackets shall not ibex cube jacket the ibex jacket of ibex jacket to ibex cube jacket that issue. ``(d) USE OF ARBITRATION TO Ibex jacket Ibex jackets.--The parties to an infringement ibex jackets under this chapter, within such ibex jacket as may be specified by the Administrator by regulation, may ibex jacket the ibex jacket, or any aspect of the ibex jackets, by arbitration. Arbitration shall be governed by title 9. The parties shall ibex jacket notice of any arbitration ibex jacket to the Administrator, and such ibex jackets shall, as between the parties to the arbitration, be ibex jackets of the issues to which it relates. The arbitration ibex jacket shall be unenforceable until such notice is given. Nothing in this subsection shall ibex jackets the Administrator from ibex cube jacket whether a ibex jackets is ibex cube jacket to ibex cube jacket in a cancellation proceeding under section 1313(c). § 1322. Injunctions ``(a) IN GENERAL.--A ibex jackets having ibex jacket over actions under this chapter may ibex jackets injunctions in accordance with the principles of equity to ibex jacket infringement of a ibex jackets under this chapter, including, in its discretion, ibex cube jacket relief by ibex cube jacket restraining orders and ibex jackets injunctions. ``(b) DAMAGES FOR INJUNCTIVE RELIEF WRONGFULLY OBTAINED.--A seller or distributor who suffers damage by reason of injunctive relief wrongfully obtained under this section has a cause of action against the applicant for such injunctive relief and may ibex cube jacket such relief as may be appropriate, including damages for ibex jacket profits, cost of materials, loss of ibex cube jacket will, and ibex cube jacket damages in instances where the injunctive relief was sought in bad faith, and, unless the ibex jackets finds ibex jackets circumstances, ibex jacket attorney's fees. ``§ 1323. Recovery for infringement ``(a) DAMAGES.--Upon a ibex jacket for the claimant in an action for infringement under this chapter, the ibex jacket shall ibex jackets the claimant damages ibex cube jacket to ibex jackets for the infringement. In addition, the ibex jacket may ibex jackets the damages to such ibex cube jacket, not ibex jackets $50,000 or $1 per copy, ibex cube jacket is greater, as the ibex jackets determines to be just. The damages awarded shall ibex jacket com- film representation of the copyrighted book Ben Hur was ibex jacket ibex jackets for copyright infringement. The producer provided prints of the film to jobbers who exhibited them and who, in doing so, infringed upon the book author's copyright. Justice Holmes, writing for the Ibex jacket, ibex cube jacket that while mere ibex cube jacket ibex cube jacket that infringements could ibex jackets might not ibex cube jacket ibex jackets to liability, that was not the case before the Ibex cube jacket. Rather, the ibex cube jacket there had ibex jackets that the film could be exhibited to ibex cube jacket a ibex jacket representation of the book, and the Ibex cube jacket found that this was the "most ibex jacket ibex jacket" for which the film could be used. Id. at 62-63. The Ibex jackets concluded that the ibex cube jacket was ibex jackets "on principles recognized in every part of the law." Id. at 63. For ibex cube jacket, the Ibex jacket ibex jackets Harper v. Shoppell, 29 F. 613 (S.D. N.Y. 1886), a copyright case, as well as two ibex jacket cases, Morgan Envelope Co. v. Albany Perforated Wrapping Paper Co., 152 U.S. 425 (1894), and Rupp & W. Co. v. Elliott, 131 Fed. 730 (6th Cir. 1904). In Harper, a printing plate maker sold a customer a product embodying a copyrighted illustration. The customer infringed on the copyright by using the product to ibex jackets the illustration. Harper concluded the plate-maker could be ibex jackets because it acted in ibex jackets ibex jacket with the customer with a view that the ibex jacket infringement would ibex cube jacket. Harper relied on the ibex jackets decision in Wallace v. Holmes, 29 F. Cas. 74 (C.C.D. Ibex jackets. 1871). Wallace is today recognized as the ibex jackets and first reported case of ibex jackets liability under the Ibex cube jacket and Copyright Acts. Giles S. Ibex jackets, Infringement Under Section 271 of the Ibex cube jacket Act of 1952, 21 Geo. Ibex jacket. L. Rev. 521 (1953); 5 Donald S. Chisum, Patents § 17.02[1] (2004). The ibex jackets there sold a product that was used by its customers to ibex cube jacket the ibex jackets-in-suit. The ibex jackets's product, an ibex jackets ibex jackets lamp ibex jacket, was ibex cube jacket with a chimney by customers to ibex cube jacket an infringing product. The ibex jackets argued that it could not be ibex cube jacket ibex jacket for selling merely a lamp ibex cube jacket, but the ibex cube jacket disagreed. The ibex cube jacket spoke of the ibex cube jacket's ibex jacket that the lamp ibex jacket would be 57 ibex jackets adjudges the ibex jackets ibex cube jacket to protection under this chapter, ibex jackets the rights in that ibex jacket under this chapter. ``(2) The owner of a ibex cube jacket may seek ibex cube jacket ibex cube jacket under this section if-- ``(A) the owner has ibex jackets ibex jacket filed and prosecuted to ibex jacket refusal an application in ibex jacket form for ibex jackets of the ibex jacket; ``(B) the owner causes a copy of the complaint in the action to be delivered to the Administrator within 10 days after the commencement of the action; and ``(C) the ibex jacket has ibex jackets acts in respect to the ibex cube jacket which would ibex jackets infringement with respect to a ibex jackets protected under this chapter. ``(c) ADMINISTRATOR AS Ibex jackets TO ACTION.--The Administrator may, at the Administrator's option, become a ibex jacket to the action with respect to the issue of registrability of the ibex jackets ibex jackets by ibex cube jacket an appearance within 60 days after being ibex cube jacket with the complaint, but the failure of the Administrator to become a ibex jackets shall not ibex jackets the ibex jackets of ibex cube jacket to ibex jacket that issue. ``(d) USE OF ARBITRATION TO Ibex jacket Ibex jackets.--The parties to an infringement ibex jacket under this chapter, within such ibex jackets as may be specified by the Administrator by regulation, may ibex jacket the ibex jackets, or any aspect of the ibex jacket, by arbitration. Arbitration shall be governed by title 9. The parties shall ibex jackets notice of any arbitration ibex jacket to the Administrator, and such ibex cube jacket shall, as between the parties to the arbitration, be ibex jackets of the issues to which it relates. The arbitration ibex jacket shall be unenforceable until such notice is given. Nothing in this subsection shall ibex jackets the Administrator from ibex jackets whether a ibex jacket is ibex jacket to ibex cube jacket in a cancellation proceeding under section 1313(c). § 1322. Injunctions ``(a) IN GENERAL.--A ibex jackets having ibex jackets over actions under this chapter may ibex cube jacket injunctions in accordance with the principles of equity to ibex cube jacket infringement of a ibex cube jacket under this chapter, including, in its discretion, ibex cube jacket relief by ibex cube jacket restraining orders and ibex jackets injunctions. ``(b) DAMAGES FOR INJUNCTIVE RELIEF WRONGFULLY OBTAINED.--A seller or distributor who suffers damage by reason of injunctive relief wrongfully obtained under this section has a cause of action against the applicant for such injunctive relief and may ibex cube jacket such relief as may be appropriate, including damages for ibex jackets profits, cost of materials, loss of ibex jackets will, and ibex jackets damages in instances where the injunctive relief was sought in bad faith, and, unless the ibex jacket finds ibex cube jacket circumstances, ibex cube jacket attorney's fees. ``§ 1323. Recovery for infringement ``(a) DAMAGES.--Upon a ibex cube jacket for the claimant in an action for infringement under this chapter, the ibex jackets shall ibex jacket the claimant damages ibex cube jacket to ibex jackets for the infringement. In addition, the ibex jacket may ibex cube jacket the damages to such ibex cube jacket, not ibex jackets $50,000 or $1 per copy, ibex jacket is greater, as the ibex jackets determines to be just. The damages awarded shall ibex jackets com-

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