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With proper technological protections against

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Unformatted text preview: pportunities and limitations of emerging digital technologies. With proper technological protections against unauthorized uses of their intellectual property, content providers are overcoming their reluctance to license their works and are embracing digital transmission technologies (as they have with formerly “new” technologies) as new markets for their creations rather than their being merely a boon to pirates.16 At the same time, the academic community is moving beyond an extreme position that content must be made available on the Internet and it must all be free -- at least to educators.17 15 See e.g., Docket no. 8, American Association of Community Colleges at p. 5; Docket no. 38, American Association of University Professors at p. 3; Docket no. 44, Testimony of Albert Carnesale o/b/o Association of American Universities, et. al. at p. 3, Testimony of Kathleen Burke at p. 80. 16 See e.g., Testimony of Bernard Sorkin, Time-Warner, Inc. (DC Transcript at p. 212); Docket no. 26, Copyright Clearance Center, Inc. at pp. 7-8. 17 See e.g., Docket no. 10, University of Montana at p. 7; Docket no. 12, University of North Carolina at Chapel Hill at par. 4(c) (“the ability to license is the ability to deny access”); Testimony of Victor S. Perlman, American Society of Media Photographers, (D.C. transcript at pp. 221-222); Docket no. 11, American Society of Media Photographers at p. 5. See also, Docket no. 8, American Association of Community Colleges at p. 5 quoting Testimony of Laura N. Gasaway of January 27, 1999 (“More fundamentally, the power to license is… ultimately, the power to deny access to information, too great a shroud to place over distance education.” Testimony of John Flores, (DC Transcript at pp. 15-17). 5 While the mutual education of these two groups continues in fora such as the present one, licensing organizations such as BMI, ASCAP and the CCC as well as technology suppliers such as InterTrust and InfoNetworks are developing more efficient means (including on-line licensing) to bring these two communities even closer together by enabling the content providers to make the highest quality materials readily available at reasonable rate...
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