This is suit that Lexmark International, Inc filed against Static Control Components (SCC), Inc. It is the appeal case, where the court overturns the findings against SCC. Lexmark claims that SCC violates the DMCA by selling printer toner cartridges that work with Lexmark’s printer engine program. Lexmark claims that SCC’s chip violates the DMCA and federal copyright law. Part I A of the case provides a description of the companies and the computer programs and how they work. It also explains Lexmark’s toner cartridges and the chips manufactured by SCC. Part I B is a summary of the proceedings and findings of the district court. Section II says that the district court abused its power and outlines four criteria that have to be fulfilled in order to uphold the preliminary injunction. Part III is the beginning of the decision. The first part of the decision outlines the laws that relevant to the case and what each side has to prove in order to win. The court uses the idea-expression dichotomy and other copyright principles to find that one part of the software, the Toner Loading Program, is not copyrightable. The court also states three errors that the district court made in its ruling on the issue of copyright infringement by SCC. The district court was mistaken about what is protectable and what is not when it comes software copyright. Part C of the decision assesses Lexmark’s counter arguments that support the ruling of the district court. Part D comments on the district court’s response to SCC’s fair use arguments, even thought they were irrelevant because the Toner Loading Program is not copyrightable. The court says the district court was right in the four factors SCC had to have for a successful argument and comments on these. Section IV of the decision looks at the DMCA element of the case. Part IV A looks at the laws and what claims the parties make under these laws. Part B says that reading the printer’s memory, not only by the code, can access the Printer Engine Program because it is not encrypted. Since no security device has to be circumvented to get to the code, SCC is not in violation of the DMCA. The rest of this section looks at Lexmark’s case and responds to it. Part C states that the SCC chip does not provide access to the Printer Engine Program, it instead replaces it. Part D addresses the district court’s assessment of SCC’s case because it could become relevant. The court vacates the preliminary injunction and orders further proceedings.
This case is relevant to my paper because it shows how companies attempt to use the DMCA to prevent aftermarket competition. Even though Lexmark fails, the courts ruling has nothing to do with the DMCA and its wording, rather it is about technicalities in a sense. Lexmark lost its case because one of its programs cannot be copyrighted and the other was not encrypted, not because of interpretation of the DMCA. Even though there are court cases regarding the law and its uses, they are not effective in setting precedents or helping with DMCA interpretation.
This article, although brief, is interesting because it shows how Apple responded to a threat to its control of an industry. This article was written very soon after RealNetworks announced that it had created a version of Harmony that allowed iPod compatibility. It shows how the immediate response to a threat like this is the DMCA. Apple immediately turns to the laws not because of copyright, but because they want to maintain control of their iPod empire. This shows how the DMCA is used to protect monopolies and prevent widespread compatibility and interoperability. The nature of copyright law changes with the DMCA, which is exploited by technology companies and used as a means of market control and monopolization.
This case is another example of companies, in this case motion picture studios, using the DMCA to control a market. The case looks at the DMCA and is one that argues about its constitutionality. The court uses precedents like Corley in its ruling in favor of the DMCA, saying the law is constitutional and it is within the powers of Congress. This case is one of the earlier cases regarding DMCA and control, and since it deals directly with the DMCA, it is an example that goes against my thesis. The court, here, clearly decides a case using the DMCA and does not find issues with it as an act. It allows the studios to maintain the control over DVDs that they want. The DMCA is used to help and monopoly.
This article is a good example of how the DMCA can be manipulated in a very effective manner. The DMCA is a tool that creates a new business model of monopolization, and this article is evidence of that. The court cases show how the courts have not ruled on the DMCA itself, they have only applied it to situations. The paper outlines how to avoid loopholes and make your business plan sound under the DMCA in order to create a monopoly. The DMCA has clearly created a new way of doing and controlling business that is contrary to the original intentions of copyright law.
This article is an example of how the DMCA actively denies consumers rights afforded to them by copyright. The DMCA does not consider the consumer like copyright law does. It looks past them as “mere inconveniences” and favors larger companies and content holders. This shows how the DMCA works more for larger interest and denies the founding principles of progress that are embedded in copyright law. The DMCA has changed the face and nature of copyright and has the potential to go further.
I will use this paper for the examples it gives of how the DMCA functions against the intentions behind copyright law. I will also use it as a starting point and further research some of the examples it provides. The paper gives a good, clear analysis of the major issues of the DMCA and shows how it is being used as a means of exploitation rather than as copyright law. The DMCA violates the principles that copyright was founded on.
Microsoft’s “Play for Sure” claims that Windows Media Player’s DRM allows you to choose your music and devices. However, there are still severe restrictions because of DRM. There are very few players that are compatible to play with the WMA DRM format. If you want to use a player that does not support WMA content, you have to repurchase your library of music. Even though Microsoft markets their DRM as user friendly and non-restrictive, it is more to make DRM a norm than the truth of the matter.
RealNetworks markets their services as compatible with any MP3 playing device. This in fact is not true, because music purchased through RealNetworks only plays on devices that support their DRM or the WMA format, thus limiting the players that the songs can be played on and restricting use of their music. RealNetworks, like iTunes, limits the number of times you can burn a song as well as the number of backup copies that can be made. They reserve the right to modify their DRM and what it controls. RealNetworks also does not allow reselling or remixing songs purchased through them.
Napster 2.0 advertises itself as a service that allows you to have all the music you want in anyway that you want it. It offers three services and all charge more for uses that were once free. Napster Unlimited allows you access to all the music you want until you stop paying the monthly fee. You also have to pay if you want to put it on a device, which can only be one that supports WMA. It also costs money to burn it. The DRM restrictions can change, you can only backup a limited amount of times and burning is restricted.
I will use this article as an example of how companies use DRM to exploit the music market place. Each service limits the music they sell so that it can only be used with products that they license. They also limit what a person can do with the music, even things that are traditionally acceptable under copyright law such as making back up copies and the first sale doctrine. This article shows how the DMCA changes traditional copyright laws and allows companies to exploit their customers.
This is the section of the DMCA that many hardware manufacturers are using to create software that is copyright protected and is the only software that the hardware can be used with. This is the law that allows small monopolies on the market to exist until something new is invented or the monopoly is challenged by law. This section of the DMCA allows for copyright protected material to be impermeable to circumvention. This is an important part of the DMCA and is one that draws a lot of attention both in and out of the legal system. It has, in some ways, created a new business model and a new way for companies to enter another market by exploiting the copyright protection and anti-circumvention clauses. It allows companies like The Chamberlain Group to try and block the market and control it by claiming copyright infringement. It also allows hardware companies to enter the software market because they create hardware that can only be used on their copyright protected software platforms. Although a lot of this has not held up in court, when challenged, it has become a popular way of doing business and entering into a new market. This part of the DMCA is the backbone of my paper. I will analyze its words to show how it allows for companies to attempt to monopolize markets and control aftermarkets. I will also suggess that it needs to be ammended because although the courts have limited the attempts of some companies to control their market and aftermarkets, the DMCA is still open to exploitation because the court rulings do not create any legal precedents that go against the DMCA itself.
This case deals with aftermarkets and monopolies. Universal remote controls for garage doors are often purchased as replacements or backups to the devices included with the garage door on initial purchase. The aftermarket for these devices then becomes a lucrative market for those who provide replacement garage door openers. Skylink makes universal remotes that work with many different brands and models of garage doors. Chamberlain, a major garage door manufacturer sells replacement remotes for its products. However, Skylink cuts into Chamberlain’s aftermarket profits with its universal remotes. The DMCA protects circumvention of any copyrighted work, such as the rolling code in Chamberlain’s claim. However, this case is more than just a copyright infringement case, because it has larger significance in the marketplace. If Chamberlain had been able to win their case and make the model 39 illegal because of DMCA infringement, it would then give them more control of the aftermarket by taking away the competition of universal remotes. This case is an example of how companies are turning to copyright and the DMCA in order to give themselves control of a market. Copyright is being used to help give companies a monopoly in the area of the market that they want to control. I will use this case as an example of a company trying to exploit the DMCA in order to control a market. It shows how copyright law is exploited by a manufacturer and then put into place by the courts. The major point is that the courts do not find anything wrong in the DMCA, just a lack support by the plaintiff. This shows that the DMCA is still open for exploitation, and this trend will continue.
This article is important in defining the anti-circumvention and safe harbor parts of the DMCA. It helps provide an understanding to laws that are very complicated in their wording. It also shows legal challenges to the DMCA. The Lexmark case is an example of a hardware company using software to try and monopolize its segment of the industry. Lexmark would profit greatly if its cartridges were the only ones that could be used with its printers. The court, however, stopped Lexmark by ruling that its program was not covered under the DMCA because it left other avenues to accessing its software open. A company tried to use the DMCA as a way to profit in an aftermarket, using copyright law to profit rather than the reasons the law was created, and was stopped by the courts. I will use this article not only as background information for my paper as well as an example of how the courts have to regulate companies so they do not exploit the DMCA and copyright in order to monopolize a market.
This article demonstrates how the DMCA creates a new business model through copyright. Copyright does not function as it once did; rather, the new provisions of the DMCA make copyright law an avenue to monopoly. This article proves that the nature of copyright has changed and the things that are no longer allowed under the DMCA give a virtual monopoly to the content owners and manufacturers. This is the beginning of companies turning to copyright to corner or break into a new market. I will use this paper as evidence for how the nature of copyright has changed and it is being used as a means to monopolize a market rather for the good of the people, as it was intended.
Arnold, next, examines the audience’s response to early Indian film music and its meaning. She claims that the music was successful by evidence of record sales, radio song requests and articles in film magazines. She then explains the connection between the film and the music, and the importance of creating music that is meaningful within the film but simple enough that the audience can relate to it. Arnold continues with a look at the way music was made and connected to the audience post-1960. She claims that India’s film music is both a part of mass consumption and mass appeal. This is evident not only through the sales but what Arnold calls “the active participation in Hindi film song performance.” She further explains the great appeal of the Hindi film song to the people.
Arnold concludes with a look at the connections and importance of the relationships between the film industry, the television media and the government-run radio to the film song.
This article provides an interesting look into the function of film music in the Hindi world. It allows one to compare the work and the development of the film song in India to Hollywood.
Call#: Van Pelt Library P94.65.N7 M38 1996
PART 1
This book is a detailed look at NAFTA and the cultural industries. The book opens with an explanation of trade agreements like NAFTA and GATT as well as FTA and Cultural Industries. The book questions if culture should be subject to free trade. In the second chapter, John Sinclair examines cultural industries and the theory of cultural dominance and imperialism. Sinclair writes about the difference of cultural products from commodities because their appeal is their novelty and they are not used up when they are consumed. Sinclair questions if national culture should be protected by trade laws and to what extent. In the third chapter, Colin Haskins, Adam Finn and Stuart McFadyen write about TV and film in relation to Canada’s response to US dominance in international trade. This chapter is an examination of different country’s responses to US dominance with an economic focus. They question trade issues asking if they are merely goods, if the US is dumping and why the US dominates in the trade of cultural industries. The last section of the chapter is about Canadian policy and an assessment of their laws in relation to cultural industries. The next chapter in this part of the book, by Henry Newcomb, questions what happens to a culture when it adopts another culture’s methods of producing, understanding and representing their culture. Newcomb says that only cultural industries and not the culture itself can be protected by trade agreements. He looks at the issues and problems in defining cultural industries and how to protect them. The next chapter also concentrates on TV and more specifically the soap opera within the context of global media. Robert C. Allen begins with a brief history of the soap opera. Allen chooses to focus on the Mexican telenovela and compare it to US soap operas. In his comparison of the telenovela and the soap opera, Allen argues that the telenovela is a stronger product in the international market than the US soap opera.
PART 2
The next section of the book focuses on Mexico and cultural trade and identity. The first chapter, by Carlos Monsivias, is about Mexican nationalism and how the US cultural industries and presence in Mexico affects the sense of nationalism in the country. He claims that the cultural identity needs to stem from adaptability of US culture into the Mexican system because the power of the US cannot be denied. Following this chapter, Nestor Garcia Canclini also writes about the Mexican identity. Canclini says that there will be multicultural and trans-cultural changes and influence within Mexico and its social and cultural policies. Jose Carlos Lozano, in his chapter, focuses on the reception of US cultural industries on the Mexican border and their effects on Mexican culture. This chapter focuses on the people’s response to the opening of Mexico under NAFTA and the effects of US culture on people close to the border. He shows that there is nationalism and that people often prefer the products of their country. The last chapter in this section of the book is by Eduardo Barrera and again deals with issues surrounding NAFTA, cultural industries and the US-Mexico border. He calls the border a laboratory for post modernity. Barrera does a case study on TV in a barrio to look at the effect of the transmission of cultural industries across the border with results that support Lozano’s arguments. The next section of the book focuses on Quebec and issues of trade and national identity. The first chapter shows how cultural industries are important to the survival of cultural identity. Claude Martin writes about how Quebec’s cultural industries are fundamental to the nation, despite their lack of strength when compared to Hollywood. The next chapter, by Roger De La Garde, is a look at TV in Montreal and the effects of free trade on the industry and community. This chapter is similar to those on Mexican border studies, in that it demonstrates a demand and a loyalty to local programming as opposed to English or dubbed-US shows. The following chapter examines best selling books as a representation of Quebec’s support of their authors. Jacques Lemieux and Denis Saint-Jacques claim that in the ten years of the study, Quebecois authors sold more books than US authors. The final chapter on Quebec focuses on the music industry. Line Grenier again demonstrates that the people of Quebec prefer their own music to the US imports. The final part of the book focuses on copyright and contracts. The first chapter focuses on issues surrounding the popular music industry in relation to NAFTA. It explains how music is always changing copyright law and speculates how NAFTA will change to cover new laws and technologies. The final chapter, by Keith Acheson and Christopher J. Maule, is a broader look at copyright, NAFTA and cultural industries. They argue that cultural products are becoming more and more prevalent in daily life and they have an effect on the quality of life. They demonstrate what copyright does and how it interacts with contracts to function in the cultural industries. This book was very interesting and provided a lot of points of view on NAFTA and how it works in terms of trading cultural commodities. The authors’ articles were all different but each section came together to demonstrate common themes and sentiments.
Smith, Jeff (Jeffrey Paul). Sounds of commerce : marketing popular film music / Jeff Smith. [0231108621 (cloth : alk. paper)] New York : Columbia University Press, c1998.
Call#: Van Pelt Library ML2075 .S65 1998
The article is short, but gives a very interesting comparison of the music and film industries and a common problem that technology brought. Penenberg shows different approaches to how to solve illegal downloads and piracy, noting the difficulty of the task but giving examples of viable solutions. It is a very informative article and it provides an idea of how the film industry might develop.
This article deals with peer-to-peer (P2P) sharing and the film industry. The ninth circuit court ruled in the case of MGM v. Grokster. The court ruled that some file sharing Internet services are not liable for copyright infringement committed by their users. This is a big blow to both the music and film industries. David Bell and Jeffery Sullivan acknowledge this decision as “legally correct,” but they are also aware of its implications for the entertainment industries. The sellers of copying equipment are not liable for the use of the equipment in copyright infringement, as decided by the Supreme Court in Sony v. Universal. Since Grokster and Streamcast were found to have substantially legitimate uses, they fell under the precedent set by the Sony case.. Next, MGM tried to prove vicarious copyright infringement through direct infringement by a primary party, direct financial benefit by the defendants and the ability of the defendants to supervise the users. This was not proven because the relationship between software provider and user is decentralized and the software provider has no obligation to monitor the actions of its users. This ruling was appealed. The appeal questions if the defendants are responsible for secondary copyright liability because of the large amount of infringement. Here, Bell and Sullivan explain the standards for secondary liability. They argue that the court was to narrow in its definitions for knowledge of infringement and contributions to primary infringement. Next the article deals with pervious rulings on the case and the necessity of proving legitimate uses if one is to use the Sony verdict in its favor. The article deals with if and how the Supreme Court should address and respond to this case. The next part of the article explains existing legislation. It states that copyright holders cannot recover loses from secondary copyright infringement. It also looks at cases of the record industry against Internet Service Providers, noting the protection of software companies and ISPs. The article looks at the Induce act, which was brought up fro review recently and would make software companies liable for encouraging copyright infringement. The article shows the pros and cons of this piece of legislation. Other pieces of legislation brought up in the article are the Piracy Deterrence and Education Act, the Protecting Intellectual Rights Against Theft and Expropriation Act and the Family Entertainment and Copyright Act. The article concludes with an explanation of the possible effects of the Supreme Court’s decision on the case.
The article provides a detailed explanation and example of the copyright issues brought up by P2P technology. There is a good analysis of the case as well as explanations and references to copyright law and how these issues are being dealt with outside of this specific instance. The language is a little legal at times, but the article is very comprehensive and informative.
This article is very interesting because it is so dated. It provides a good look into how copyright law was pushed and used as new technologies developed in the past. With hindsight, we can now use this article to examine how copyright law has worked within entertainment industries over time and apply that to the copyright issues of today.
Call#: Van Pelt Library Rosengarten Reserve Z642 .V35 2001
Vaidhyanathan closes the book with a look at digital copyright issues and international law. This section deals with computer software as well as Napster and P2P file sharing. It also deals with international protections and standardization issues.
The book provides a good explanation of the history of copyright and literary copyright law and development. However, its focus on the film industry shows how the law developed and was used and tested, the chapters pertaining to this aspect of copyright did not go into the law and ideas of copyright in the same detail of literary copyright. The section on the music industry was also extremely limited and tangential at times. Its focus was mainly on Hip-Hop and the tension between the genre and the law and how they functioned together. This section did not go very deep into the basics of musical copyright and seemed to get too far away from copyright in some of its arguments about Hip Hop. Although they are valid arguments in a broader scope, they do not seem fitting to the book as a whole.
Call#: Van Pelt Library HF6146.T42 N364 2003
The book was complex if you do not know a lot about advertising. At times it was hard to follow and a bit dense, but overall, it provided an interesting look at how the market is determined in entertainment media as well as how new media and technology effect the audience market.
Greenspan then turns to the compiled score for Alexander’s Ragtime Band. This film is significant because it details the development of the popular song and is also a biography of Berlin, in a sense. The film’s score only had three pieces composed for it, the rest of the twenty-three pieces were compiled from previous works. Greenspan uses this film to show how popular songs were placed in film at that time and also shows its significance in the history of film and Berlin’s career.
Greenspan concludes her article with an explanation of how Berlin went to Hollywood and adapted himself for scoring films. He not only developed his style for film music but put songs in films in a way that was original and innovative.
This article gives an interesting look at the early film score and how the popular song fit into it. Irving Berlin is an Icon and he demonstrates the connection between the music and film worlds. He shows how the two adapt and fuse together.
Arnold, next, examines the audience’s response to early Indian film music and its meaning. She claims that the music was successful by evidence of record sales, radio song requests and articles in film magazines. She then explains the connection between the film and the music, and the importance of creating music that is meaningful within the film but simple enough that the audience can relate to it. Arnold continues with a look at the way music was made and connected to the audience post-1960. She claims that India’s film music is both a part of mass consumption and mass appeal. This is evident not only through the sales but what Arnold calls “the active participation in Hindi film song performance.” She further explains the great appeal of the Hindi film song to the people.
Arnold concludes with a look at the connections and importance of the relationships between the film industry, the television media and the government-run radio to the film song.
This article provides an interesting look into the function of film music in the Hindi world. It allows one to compare the work and the development of the film song in India to Hollywood.
McInerney writes about the genre of Vietnam War film and its commercial aspects as well as political ties and messages. He traces the differences between films like The Green Berets that came out during the war with The Boys of Company C, a post-war film – the changes in the Vietnam War film. He also discusses the difference between combat films such as Apocalypse Now and veteran’s stories such as Who’ll Stop the Rain. The article makes an analysis of these films and their different approaches and representations of Vietnam, the war and the veteran. It looks at their shared characteristics, which unite them as a genre, as well as the major differences in their approach of the subject. McInerney claims that a uniting theme in all the movies he studies is the notion that Vietnam was a terrible disaster for America and its people.
McInerney spends the last part of his article analyzing and comparing Deer Hunter and Apocalypse Now. He compares Apocalypse Now to its basis Deer Hunter and shows the similarities and differences between the two films. He looks at how Coppola puts himself into Apocalypse Now, saying the film fights the war, and McInerney makes the claim that Coppola is Willard and a Kurtz at the same time. He says that the war shows “what the dark heart of Vietnam was really like.”
The article’s analysis of Apocalypse Now gives both important insights into the film in relation to other Vietnam War films at the time as well as helps analyze and explain the films basis, purpose and function. The article also helps provide an understanding of the film climate and the other films of the same genre and era of Apocalypse Now, thus providing important historical contextualization.
Kinder continues to analyze the film, both scenes and characters, in terms of the message of the movie and Coppola himself. She states that some things, specifically Coppola’s identification with Kurtz, become too personal and thus weaken their effect. However, Kinder’s analysis of the opening scene and the way in which it completely blurs the lines between the internal and external illustrate Coppola’s ability to take something of his own and make it fit within the major goals and messages of his film. Coppola’s film takes the central meaning of Conrad’s book and holds true to it despite major changes in details and events.
Kinder also looks closely at Kurtz and the portrayal of his character within the film in relation to Coppola. She analyzes choices Coppola makes in terms of character development and the changes made to the character from Heart of Darkness. She also looks at Kurtz in terms of Vietnam itself, and calls him an unrealistic character in terms of the war.
Kinder concludes by saying that despite the flaws in the film, Coppola makes a masterful adaptation. He draws on many different resources and is able to recreate Conrad’s novella as his own without losing the central message of the book.
The article provides very interesting commentary on the making of Apocalypse Now and the choices that Coppola makes for his film. It provides insight into the workings of the director and a helpful analysis of the contribution of the original text and screenplay to the final version of the film. The close analysis of the opening scene and Kurtz provide more specific looks and critiques of Coppola’s work as well as explanations and reasoning for his choices. This is a great article for understanding how Apocalypse Now came to be.
Rollins first addresses the Vietnam War as it appears within literature. He opens by drawing attention to how hard it is to write about Vietnam because of the vast nature of the war as well as the short-lived experiences many soldiers had there. It is hard to draw real characters and plots from the war. The autobiographical novels about the war that Rollins writes about have a regular American thrown into an unconventional war who comes out both physically and psychologically harmed and changed. Still, Rollins claims that authors have yet to come up with an appropriate metaphor for the representation of Vietnam. Although the novels explore similar issues and themes, they all struggle with the war to an extent.
Next Rollins examines Vietnam within the medium of film. He says that like authors, the Hollywood representations of Vietnam fail to grasp the war completely and accurately. The directors also struggle with how to present the war and the issues that surround it. He looks at several Hollywood films beginning with John Wayne’s The Green Berets and including Apocalypse Now. Rollins also looks at documentaries and the issues surrounding capturing the full meaning of the Vietnam War through a camera.
Finally, Rollins looks at Vietnam as it appears on television. Vietnam was the first war to be really captured and aired on television as it was happening. With the advancements of technology in the 1950s and 1960s the news regularly broadcast images of the war, thus the public experienced its atrocities more than any other war. Rollins ends by providing resources for learning about and studying the war.
The article does not spend a lot of time focusing on Apocalypse Now, but it does help place the film within the context of other representations of Vietnam not only in film, but other media such as literature and television. This placement within a historical and cultural context helps bring a broader understanding to the film and the work it does.
After talking about Apocalypse Now, Murch answers questions about American Graffiti and The Conversation explaining more and more how he makes the choices and decisions he does when working on a film. Murch says the sound of the space of the character is just as important as the sound outside and attention should be paid to all aspects of the world of the film, not just where the character is. Murch says “emotion, story and rhythm” are the three things that one must pay attention to when editing sound. Murch gives examples of how he approaches these three elements, specifically citing his work on The Godfather.
The interview then turns more personal when Murch is asked about who he thinks the auteurs of film are and what kind of music he listens to and draws influence from. He then answers technical questions about his job and job title, the technology used and how some sounds are achieved. This portion provides a more technical look at Murch’s work.
This interview with Walter Murch helps to provide insight into the influence and practices of the sound designer for Apocalypse Now. He not only explains certain things about the sound in the movie and how he accomp


