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activities agreement allow Amendment analysis Appeals applied argued BERKELEY CARP Circuit circumvent circumvention claims communications companies concerns Congress considered constitute consumers contract copy copyright law copyright owners court create criminal Cybercrime database decision deep linking determine device Directive discussing distribution DMCA doctrine domain name effect electronic encryption equivalents example exclusive fact fair Federal filed finding granted held holding individual industry infringement intellectual interest Internet invention issue jurisdiction legislative liability license limited linking material means measures parties patent performance protection question reason record requirement result royalty rule specific standard statute suggest Supp supra note TECH tion United Universal City users violation webcasters