 And I think the content providers should be flattered, that their media has become so pervasive in the way students and faculty view the world, that they can't, you wonder, we cannot teach classes about almost any subject now, without including their content. And so they should be flattered, and they should welcome this development. The commenters didn't really seem to object to the renewal of the exemption that we proposed, but rather they claim that we're misusing the exemption, that somehow we're using it when lower quality alternatives have been available. And for first attorney, talk a little bit about that. And let me just underscore a couple of points. First of all, their comments talked a lot about the screen capture technologies. But as apparently, again, in their testimony, they went to identify exactly what screen capture technologies do they consider to be non-circumvention, and therefore don't not implicating of section 12.1. And my understanding is in the hearing of Los Angeles, a specific issue came up. And once again, the rights holders will not specifically identify what kind of technologies they would consider to be kosher. But even if there were technologies that they would consider not to be circumventing, there could be some other rights holder out there who claims that it is circumventing. And so simply saying that there's a technology out there that might help us doesn't really translate into an effective provision on the ground where we need to have certainty when we're working with a large number of faculty members and students. Second of all, the issue of quality is that I think quality is always needed. High quality is always needed to the extent that if the rights holders think that the quality is important in the product, that they made it high quality for a reason, then it just doesn't, it back to the imagination as to why that quality somehow is less important in the classroom. If it's important to have good quality in your basement when you're watching it at home, then there simply is no reason to say that quality is not necessary in the classroom, especially when you're watching it on a much bigger screen sometimes in the classroom. And so the distortion is great. Professor Dutcherny mentioned the issue of authenticity. Also the notion that standards evolve and what people expect, expectations of consumers evolve. And what was seen as remarkable three years ago or five years ago now could seem sort of, again, almost distracting now. And in the last image that Professor Dutcherny put up from the Martin Scorsese movie, which was talking about all of these wonderful optical illusions and what wonderful special effects that now look absurd. But at the time, to a child seemed to be very, very compelling. The standards evolve and what we see, what we expect evolves and not having the same quality really can dilute the impact, the emotional impact, the force of the message. And again, not having the same quality of the product as it's made available to the consumer or made available in theatrical releases really weakens the impact and the educational use of the work. And finally, if the quality of these other technologies, such as screen capture, if it's so good, then why do they bother using CSS at all? I mean, there's sort of like a logical circularity here. If it is good, using these alternative technologies and there's no point in having encryption. But if the encryption really does achieve something, if there really is, what you get without the encryption isn't as good, then that makes our case that there is a need to get the high quality material and that there really is a qualitative difference between what you can see with screen capture as opposed to what you can see through circumvention. Thank you very much. Thank you. Martina, what's your name? OK, I don't need to push this. You can hear me. That sounds like you can. Thank you very much for having me, Niko. My name is Martina Corabra, and I'm from Ransom Community College. And part of my response was to support the group that appeared in their document that they submitted, which I thought really everything that they discussed in there regarding how the exemptions are being implemented. It just rings very true, so I wanted to just come in person and just talk about how it's playing out at the community college where I work. As I said in my document that I filed, it's almost half all undergraduate students attended community colleges. And in this room, we do have a lot of representation from universities. So it was very helpful when you expanded the 2010 exemption to go beyond just what's in a college's library, because, as I pointed out during the last round of hearings, community colleges were just operating with much less resources than a typical research university. So just being able to use anything we really obtained is very helpful. And also to include all college professors rather than just once specializing in film studies. So what has happened over the last couple of years since the new exemption was put forward is that at my college, a colleague and I have put together a workshop. And the point that I'm trying to make here is how the exemption that you crafted in 2010 is being implemented in a way that's ethical and responsible and thoughtful and reflective. So these workshops that we've had, we've had a couple of them at my college. And there's been a lot of interest. We've been well attended. We've had between 30 and 40 faculty administrators attend these workshops. And in it, I talk about the legal parameters. And then my colleague, he shows some of the examples of how he uses it in a day-to-day basis. So just the examples at my college are that kind of repeat what the charities group said of how faculty are using the exemption. The creative writing instructor would use, he uses clips of the Judy Garland Wizard of Oz, where we need to show how to construct narrative tension and to discuss strategies that writers use in order to build their story. So this is very helpful to students to see these examples. Another example is an economics professor at the community college level using clips from famous and popular movies to show different economic theories. The one that I remember him discussing was Zero Song Game. And then we also, another example that I recall is a astronomy professor using clips to bring forward principles of astronomy that students can discuss in the classroom. So it's being implemented in a thoughtful way that is across the disciplines at the community college level, where almost half of all students attend. My specialty of teaching is first year writing. And first year writing actually has, it's not really an analogy as much as it should be for the importance that it serves because almost every college student will take a first year writing class. And so we look to, we have organizations that we look to tell us what we should teach as best practices or what students need to know currently. And the groups that I'm involved in and that put forward standards are the writing program administrators, which we call the WPA and the National Counseling Teachers in English, which we call the NCT. But one of the things we do is they create like protocols or documents that we look to to see how we should revise our curriculum. And just to give you an example, since all of the organizations that are specialized in the teaching and first year writing tell us that we should be teaching digital literacy and information literacy. And this goes right to the heart of what this exemption addresses. So from the writing program administrators, first year learning outcomes is specifically for what students would take during their first semester of college writing. By the end of the first year of composition, students should be able to use electronic environments for drafting, revising, editing, and sharing text. And that's a quote from the learning outcomes. So, you know, when something is legal, like the way that the exemption has been crafted for faculty to use, then we can teach about it. And I can, excuse me, I can have workshops. We can create workshops to teach about how to do things legally. On the other hand, when it isn't legal, then it's hard to address it in the classroom. So if you recall, the evidence presented by the EFF three years ago showed that what's happening like on YouTube with the bitter community, that these kinds of documents and texts are being created, but until students are included in a mix of what, in a broad range of what you are allowing to fall into the exception, it's very difficult to figure out how to teach about how to do something that we know they're already doing, but that we can't really talk about because they're not supposed to be doing it. So, it's just, I would agree with everything that Terri said, Professor Terri said about that the use of digital texts and media in the classroom, specifically in the first year of writing in the classroom, it's just a given and it reflects what we are charged with teaching in this day and age. So, I really would ask you to expand it to include students, not just the film study students, but all college students. That's my, that's the end of my question, thank you. Okay, you've got two minutes left and I just wanted to ask one question because you talked about your first year writing class. Yeah. You said students should be able to use electronic environments for drafting, editing and presenting texts. Yes. What I didn't hear was how that translates into the use of motion pictures. So, can you give us how that's actually been applied in your case? Okay, so that's a question that came, that's kind of an issue that came up three years ago. When I say texts, I'm not, we don't, no longer just refer to alphabetic, we call them alphabetic texts, type things. When we say a text, it can be a montage. So, at the hearing three years ago, I remember I had an example of a student that had created like a parody or comedy about some popular movies that create racial stereotypes. So, in the first year writing classroom, many teachers are having students create texts that are, that can be video texts. So, that's the other two groups also that I got to mention, the American Library Association and the London Group has some literature that talks about the importance of teaching information on digital literacy. So, to create a text is to create numerous kinds of texts that we think students should know how to create numerous kinds of texts because they're asked to do that in their jobs now. When they get hired, they can be hired as communication specialists and they might need to create movies and videos and things like those for the organization that they work for. So, it's every teacher across the United States that's teaching first year writing isn't having students, I don't have a terrible evidence on a number of the percent, but it's an increasing number and it's something that we know we are supposed to teach and we are trying to develop professional development materials so that we teach students what they need to know and we try to broaden what we can see about it as a text. So. And have you personally taken advantage of the existing exemption in your work? Yes. And give me an example. To show exams of speeches, my PhD is a writer for writing so I'm interested in the art of presentation so I used it to show. All right, the next person on the list is Renee Hobbs from the University of Rhode Island. I think the mic's back to their work but let's check it next year. Okay, thanks very much. Is that working? Yeah, great. My colleague, Spiro Vols, is gonna call up some technology when I need to use the technology. Thanks for the opportunity to come and talk to you a little bit about the need for K-12 educators to be able to use media in flexible and dynamic ways. Of course, media is a crucial component of K-12 education and right now the current law limits the ability of educators to make fair use of audio visual works for educational purposes. High quality image media is ubiquitous to young people today who go off with 52-inch HD screens in their living room. And poor quality clips, as other commentators have noted, lose their impact when learners are distracted by the bad image and sound quality. As other commenters have noted, the perceptions of quality change over time, change over generations. Young people growing up in American schools today find poor quality clips to be distracting and difficult, painful even to watch. Now, high quality clips are important for courses in film studies and science and the fine and performing arts as the copyright office recognized in the 2010 decision. Not just for detailed analysis of image and sound, but for their larger communicative value as conveyors of ideas and information. Increasingly, DVDs are the only format available for many forms of movies and digitization of clips is required for effective classroom use. Critics of our exemption say that we have alternatives like the use of media compilation websites. But the use of media compilation websites is not a viable solution because internet access in many school communities is unreliable and restricted and filtered. Every year I do about 15 to 20 events in American public school districts all across the country and about 50% of the communities that I work in, the YouTube is not available. It's blocked by the technology administrator. So even on media compilation websites, even if a school district permits educators to access them, there's a limited number of resources that are available and what is there has been edited in ways that may or may not be suitable for an educator's specific need. More problematically, ads before and during clips are especially problematic because they change. Even if the teacher has previewed the clip before viewing, it's not possible to predict what ad will be viewed during the classroom playing because one time it might be a Kleenex ad and the next day only a few days later it might be an ad for a violent movie. Smartphone screen capture from the teachers I've talked to is not a viable option and right now I wanna show you a video that I captured when I was doing a workshop in Lawrenceville, New Jersey. This is a high school teacher at a parochial high school in Lawrenceville, New Jersey and he's talking a little bit about the challenges he faced when trying to use screen capture to take an excerpt of a piece of audio visual media. Let's see if we can watch that clip now. You put it very well, let's see if we can. I don't want to disrupt the audience. All right, we'll show it when we can. We'll show it when we can. One of the reasons why we're asking for an exemption for audio visual works and not just DVD is reflected in an observation I made this fall of a high school English teacher named Carolyn Fortuna at Franklin High School in Franklin, Massachusetts where in her English class, the theme is sport and society. She's looking at the way in which representation of sport both reflects and shapes our understanding of social values and she wants to do a critical analysis of the Madden games but of course finds it very difficult to bring in examples of the way the games are depicted and how they've changed over time. She seeks to support her students making connections between the classroom and the culture. Okay, well now we'll hear from the teacher at Lawrenceville in Lawrenceville, New Jersey. My wife and I are both teachers and she wanted to show a clip of a video in a class. We lost our copy of the video, we have one, but we've watched it on Netflix. We started, we watched it on Netflix. We don't have a physical legal copy yet but she wanted to show it in a class because she was going to be absent the next step. So I tried to get a copy of it. The school blocks Netflix from our firewalls so could we allow it? Yes, but the technical side is is that her school doesn't allow it. So I attempted to screen record sections of the video that she was going to use within her class. Using? Using Netflix and I do believe it was Camtasia. It was either Camtasia or another one of the leading ones. What happened was is that when I tried to record the Netflix, evidently, my Macintosh computer with Safari recognized that this was a copyrighted work of video. When the Camtasia tried to record it, evidently the communication was between the two and it stated, sorry, you can't record this. So when I watched the video, it was blocking my view. What I saw instead of the video was a black screen. Teacher had many other stories to tell me of the challenges he's experienced in trying to support the needs of the teachers in his community, but that gives you a brief idea. Let me talk about my fourth point, which is that teachers are frustrated in their efforts to incorporate media in the classroom. Using multiple DVDs, searching for streaming media online, watching unavoidable and inappropriate ads and having to fast forward to the specific clip required all have a negative impact on teaching and learning. Especially when teachers in elementary and secondary grades are trying to build those critical thinking skills by using the time-honored classic technique of comparison contrast. It's how we help students learn to analyze something. We compare and we contrast. By definition, we have to use one artifact and compare it to another. For example, John Landis, a technology teacher at the Russell Byers Charter School in Philadelphia, wanted to teach his fourth graders about the history of technology by having them compare and contrast to clips from Super Mario Brothers. Because Super Mario Brothers, back in the day, looks considerably different than it looks now. And if you're growing up as a nine-year-old child in Philadelphia, now you don't really understand how fast technology has changed and it can be a tremendous opportunity for kids to really carefully pay attention to compare and contrast. And in this highly engaging activity, unfortunately, that activity is unlawful. Now, the 1201 rulemaking process was implemented to ensure that the public would have the continued ability to engage in non-infringing uses of copyrighted work. The use of media to promote critical thinking, analysis, and communication skills contributes to the development of an informed citizenry. Right now, only 25% of the children who are now age 16 will graduate from college. So we think it's vital that these skills be learned in the elementary and second grades. Right now, K-12 teachers have to choose among three bad choices. They can violate the law and bypass CSS. They can search for online clips and they may or may not find ones that meet their needs and they may or may not have inappropriate ads. Or they can choose not to use media in the classroom. Granting our exemption would advance the quality of education in American public schools because audio-visual works and clip compilations are essential for teaching and learning. They support learner engagement and attention. They increase the perceived relevance of the curriculum and they increase recall and comprehension of the content. For that reason, we think it's important to meet learners' expectations for image quality by permitting elementary and secondary educators to make clips for teaching and learning. Thanks very much. Thank you very much. Mr. Bolas, are you doing a separate presentation? Your name's on the list, but I wouldn't know. Right. You are? Yes. Okay, great. Then it's your turn. Spiro Bolas, I'm from Neutra High School. It's, I'm sorry, can you hear me now? My name is Spiro Bolas. I'm a social studies teacher from Neutra High School. That's in the north shore of Chicago suburbs in a very affluent district, but it's a public school and I'm trying to emphasize that for a reason, which you'll see in a minute. So, I believe one of the main objections in the last ruling, 2010 ruling, was that there wasn't enough evidence from the actual classroom with real students. So my testimony today is intended to show the effect of limiting access to high quality media on actual students in my class. In terms of what is normative practice for teachers in my building, it's really kind of interesting because many teachers use VHS tape spill. They don't do it for the high quality aspect of it at all. In fact, the only reason they use VHS is because we teach in 40 minute blocks and it is something you can queue up in a very precise manner. And oftentimes it's not the quality they're looking for, but at least it's not wasting class time. And also as a first time mentor of a new teacher, I've noticed how much new teachers struggle with technology in the classroom and how they are assessed. If they cannot assess poorly, if they cannot make their transitions as smooth as possible, if they cannot use media in an efficient way. I made a few assumptions when I did my little experiment in my classroom. One of them was that although I'm a Mac guy, I would only use Windows because that is the norm for teachers across America. Most people are using Windows machines even though Macs are easier to use video with, I would argue. The other assumption I made was, something was mentioned just earlier, I used a free program called Jing to capture the media as opposed to Camtasia. My district, because of its affluence, is actually very willing to provide me with Camtasia, which is either a $99 or $199 or a $299 suite of programs. But I know that most educators don't have access to the resources that I do. So I used Jing instead. Jing is a free version, a web-based program, a web-based version of Camtasia. So I didn't use that because of the monetary issue. To prepare for the screen capture itself, what I did was, first I found it quite a place. It was very difficult to do this in a public school. I had no idea how difficult this was. People kept on breaking in. I couldn't do this at my own desk because my colleagues are configured in pods. The second challenge was that I had to capture the video in real time. This was also a challenge. I'm considered to be one of the most technologically savvy people in my building of often functioned as a technology staff developer. And so I know how to use this technology, but most people struggle, and they give up very easily when there are challenges. And so I had to do this multiple times to get the clip exactly where I wanted to as I was trying to capture it. And then I would wait. Typically, the clips can be anywhere from five to 15 minutes. And every time you're using a clip, you have to wait in real time. Now what's interesting about Jane, this particular project, this particular freeware, is that it's a web program. And so when you are done capturing, you have to upload the video clip to the web in order for it to be useful in any other place in the building. And so I would upload it to the web. And I would upload it to the web. And I would wait. And I would wait many, many, many minutes, sometimes hours to get it up to the web. And this is also an issue in terms of the amount I could upload to the web. Jing is capped because it's a free program because they want to incentivize people by the more expensive Camtasia suite. It is capped at five minutes total. And therefore I couldn't use any clips beyond five minutes. An example would be my modern world history class. I wanted to use a clip from Elizabeth, the film, the Hollywood movie. And the problem was, of course, that the clip I needed was five minutes and 30 seconds. And that was the most important part of the event. So we set up an experiment in my American Studies class. This is a team talk class. I'm the history teacher. My partner, John, is the English teacher. And we were reading The Great Gatsby and doing a comparison with, of course, Citizen Kane. Seems to be the movie of the day. We were called The Great Gatsby Meets Kane. So we set up two groups of students. The first group was the screen grab version. And when we set it up, it looked something like this. All right, so that's the clip you wanted me to watch. I can help you scroll through it and we'll be right back. Sure, you ready? Yep. So how do you think the movie made this transition from that scene we were watching to the current scene? Becky? Well, we just know that Endo was about Kane. And so maybe we can assume that it's like a five-year-old, but it starts in his house and then it's a pretty important job with him. Good. They didn't see it again? Yeah. Sure. What do you mean, John? Why are you so jumpy? Yeah, it's almost like perfect. It's all white and then he's like having so much fun. That was perfect, you know? Yeah. Does this look all white to everybody? Hey? It looks kind of gray and dark. That's weird. Any little things that looks all white and perfect, but any things that looks dark and ominous? Daniel, can I go back to you now? Yeah. Yeah, I can definitely see that. I guess it's not like work, it's like he's a microwave. Like I could really tell, I just assumed it was like white. But yeah, I totally do what you're saying, like. What perils and actress can you find among the three adults that's where we take our rate here? Matt? Well, it began a lot, it was a lot more rustic than it got out of the way. For sure. Can you tell me more specific? Well, it's hard to tell, but he's a little scrappy. Let's play a little bit more. You're on the move, you're on the move. The bank's position on all methods can hide all the problems. How do you mic boy away? I need bankers to do that. I'm not on the move, you're on the move. The bank's position on all methods concerning education in the space of residence until the secretary seems to be on the move. I agree, I agree. You're on the move, you're on the move, you're on the move. We all assume a full management of a color and a load, which I assume is a case. You are sublota. I picked that particular scene because there was an argument between all of the characters all speaking at once. This is the debrief from that same screen-captured clip. Any questions being asked as honest as possible? What did you think about the audio and video quality of this particular clip that you saw today? Alia? It was really hard to understand if they were saying the first time we watched it because it took a lot of notice and a lot of people talked to each other. OK, so it's hard to make out some of the voices the first time we watched the clip because of the audio quality. Please. Choppiness of it made it really difficult to match the audio and visual, so a couple times they even looked away, so I could just focus on the voices. But then I felt like I was missing something, so I'd have to look back, so it was really hard to put the two together. OK, good point. So the video and the audience seemed out of sync with each other, and you actually looked away so you could make sure you understood what you were saying. OK, good. Lexi? Your mouth is really expressive to me when you talk, so people watch your mouth a lot when you talk and they're listening to what you're actually saying sometimes. So on this, it was harder with the lips and what they were saying were disconnected, so it had to lean in so it wasn't quite getting what they were saying was easily in the normal mode just because I couldn't really watch the lips at all. All right. There were a couple times when there was the only one person speaking, and I couldn't distinct who was the same which was inside, who was talking, so that was kind of it. OK, thank you. In the scene, when Charlie knocked him over with the slide, I had no idea what was going on with the entire end of the clip, because he kept hearing yelling, and I thought, actually, it would be on the ground, and I was so confused at the end of it, what was going on. So I thought I had to think fast and realize how these upsides really did it. It only was a five minute, but if you were to watch a two hour movie like that, what would you think of them? Oh, I would have watched the movie. Yeah, like when we tried out five ATVs of the show that you based online, and we could check in their website, and the guys were doing more logic, because it's not a good video about it. OK, good. Let's talk to you. Well, I think you can tell a lot of other people from their movements, and there's no continuity in their movements. They're all choppy. We're losing that whole aspect of the person. Good. So subtle details, musical cues seem to be lost, at least with the additional logic, but it was easier the second time for me. OK, one more comment, Leigh? Well, I find our one more sentence like our eyes was working so hard to try and focus it, but I think that's why it was harder to hear. It was like, you're looking overdrive to it, and you're trying to look at it, and so it's good. How good of a load theory says that when one sense is overwhelmed and the other one doesn't work as well. OK, great. So why don't you guys switch with the other group? And hopefully it won't be as long, which will make it a little bit quicker. There was the screen capture, and then there was another group of students for the actual DVD quality clip of Citizen Kane very quick. Just like this. Screen capture is another to the flashback of the flashback scene. So we sit here. Casey? That was just an example to show you we're using the same type of activity with a different group of students. Finally, the DVD rip debrief. What was the video quality of the clip that you just saw? Raise your hand. What was the video quality? Casey? I don't know, I don't see how it could be any better. It's good. Can't see how it could be any better. What was the audio quality of the clip? Well, it's not from the past 10 years. So it definitely has that older quality to it, but the dialogue is clear. And you can understand what you guys are saying. OK, good. So we know that the film is old by the audio quality, but it's as clear as it can be. Good. All right. Thanks. And so in conclusion, I would just say that in a political environment, where public education is under attack, it seems, I ask myself the question, why is it that students at the college level, some students at the college level, who are a minority in this country to begin with, get access to high-quality media, whereas in the public education level, where all students attend, they get access only to poorer quality media? Thank you very much. Thank you. The proponents in this panel. Nina, are you going to go first? Yeah. OK, great. We're also going to have a certain city sometime. So thank you so much for giving us the opportunity to testify today. I'm here representing AACS LA, which is a limited liability corporation of the licensing administrator for AACS. AACS stands for the Advanced Access Content System. And AACS LA was formed by eight founder companies. Those companies are IBM, Intel, Microsoft, Anasana, Sony, Toshiba, the Walt Disney Company, and Warner Brothers, which is the company. AACS LA developed and licenses the AACS technology for the protection of high-definition audio-visual content on optical disks, and particularly BlueBright, which I'll be referring to in the 80s. AACS LA licenses its technology on a cost-recovery basis. So what is AACS? It's a robust information-based technology. And unlike some of its predecessors, it actually permits AACS LA to revoke keys deployed to its licensee. So this allows AACS LA to, if there are non-compliant licensed products out there in the marketplace, to prevent them from playing back newly released content protected by AACS. It's a robust content protection technology. And it really served as, and continues to serve, as the foundation for content owners to release premium content consumers in the home and your marketplace in high definition. I just also wanted to note that AACS is sufficiently robust that it is a resisted easy hats. And it continues to do so. One feature that we talked about with AACS, and that will be part of the whole AACS ecosystem, is AACS managed copy. And this will allow consumers as well as educators through an online server to be able to make an authorized copy of the content that is on an AACS protected PD to a computer hard drive or copy through a method that is referred to as a bound copy method. It will also allow users and consumers to make a reportable copy onto reportable media, such as DVDs and SD cards. And this managed copy system is expected to launch by the end of this year. AACS LA respectfully submits the proposed exemptions for classes 7G and 8 should be denied. The proponents have not identified the specific works protected by AACS that are unavailable for non-infringing uses. And Blu-ray desks and AACS have not previously been subject to an exemption. And there really has been no persuasive demonstration of adverse effects on fair use. And she justified why there should be an exemption for AACS and high definition content and content now. I'd just like to note from the last presentation a student who was viewing a clip from a DVD said himself, I don't see how that could possibly be in higher quality. So to sort of say for educational purposes that DVD quality is somehow insufficient really is polite by the evidence, just given the last panel. And we'd also just like to remind of course the Copyright Office that the whole exemption is a question of balance. Adverse effects on clear non-infringing uses versus the need to protect the integrity of technical protection measures like AACS to actually encourage content owners to release high quality content out into the marketplace. We wanted to make one comment on the 2010 exemption. There's been some notion that the 2010 exemption somehow took away benefits that were claims they had under the 2006 exemption because the 2010 exemption was limited to DVDs. The 2006 exemption referred to audiovisual works included in the educational library of a college or university's film or media studies department. We wanted to note that Blu-ray was not commercially released in the U.S. until June 2006, well after that round of rulemaking was initiated. Accordingly neither Blu-ray nor AACS was the subject of any of the 2006 proposed exemptions. And therefore the 2006 exemption did not in fact create an exemption for film professors to circumvent AACS on DVDs as they could not have possibly demonstrated that proceeding that the prohibition against circumvention resulted in a substantial adverse effect on their non-infringing uses. So we also believe that no exemption should be created for other college university professors or K through 12 educators with respect to AACS and Blu-rays. Really the need for high definition is unpersuasive as I just mentioned in the last clip. And there's really been, there was demonstration as to how some of these alternatives to circumvention here not to be satisfactory, but that really just hasn't been the case in what we've seen as we have worked with some of these alternatives to circumvention. So we just wanted to put some of those up for just a moment. Here are the variety of alternatives to circumvention that are available video capture software, video streaming services for particularly film studies departments and media studies department at colleges and universities, the ability to use professional camera equipment to record displays, smart phones and tablets, but websites and of course the managed copy. So for university professors and film media students, sorry, studies and students, they still have access to work on DVDs pursuant to the prior exemption and that we believe provides more of an adequate quality. In terms of video capture software, we just wanted to show a quote from a teacher about the Aplian replay video capture software that is made by Aplian and I'm not going to repeat the quote, the quote was up there, but they say that it's easy to use, it's, it will help make my media film lessons will actually feature some media in film and the quality was very good. All of the playback is absolutely superb and there are no problems with audio syncing. And here, so here's an important point with respect to the video capture software. It was asked at the May 17th hearing in Los Angeles whether the video capture software, such as the product that was demonstrated at the May 11th, protect demonstrate, violates the DMCA and we examined that product and we have concluded that it does not violate the DMCA. Some commentators have also pointed out that the particular product that was demonstrated on May 11th is not Mac compatible. We have identified Mac compatible video capture software and we have examined it and it functions in the same manner with the same quality as the video capture software that was demonstrated at the May 11th hearing and we have also concluded that that Mac compatible software does not violate the DMCA. So we just wanted to show a little bit, there's been some discussion of smart phone recording. We just wanted to show a very, very brief clip of that that we made using an Android Razer, Razer Macs. So here's the original recording on the left of the smart phone at 720p and that's from the movie War Horse. At the right is the clip enhanced with stabilizing V-revealed editing tools. Those tools are software tools. It retails for less than $50 and it's basically one or two punches of an online button to do the thing up with that. There are also clip websites that were discussed extensively at the May 17th hearing, any clip, movie clips where there are a lot of clips that can be assembled for presentations. And finally, we talked about ACS managed copy but I also wanted to mention digital copy. The testimony from the May 17th hearing showed that there are 350 titles between just Warner Brothers and Fox Alone that have been released with a digital copy or a full copy of the movie product that can be made from the media desk onto a hard drive using Windows Media or Apple. Finally, there's been some discussion about we need to keep pace with the quality of media that is out in the marketplace. DVD is still king. There are more than twice as many DVD households as there are Blu-ray households. Still 75% of the physical product that is out in the marketplace is on DVD as opposed to BD. And DVD is not going away and it is still the basic touchstone, high quality format that is out even in the consumer marketplace. BD is growing and BD is an interjectory pop in the marketplace but it is not the majority format. Finally, the content which is released only on BD is exceptional. The proponents have talked about a couple of director cuts, some bonus material that's available only on BD versions but they didn't argue that they wanted to make use of these cuts and were prevented from doing so by AACS but we're merely saying that some have a DVD format that was disappearing. Of course, if you're going to be showing a full length that Shiraz was sort of alluded to in the last testimony, it can always be displayed in the classroom simply using playback from the Blu-ray disc itself without the need to circumvent. In any event, these narrow work corner cases do not justify an exemption particularly since the original versions of these films are readily available on alternative formats including DVD for film and media studies professors and the full director's cut and bonus materials are available for classroom use in a number of ways that do not circumvent. So as I mentioned, BD is on the increase now into the marketplace. By 2014, FutureSort predicts they'll actually be 83 million Blu-ray players in the marketplace and so Future, so that's a doubling frankly of where we are today so we're concerned and wanting to see that that Blu-ray marketplace continue to develop and grow. And FutureSort has also said that there are 9.95.2 million tablets and 287 million smartphones in the marketplace by 2014. We quote that figure for two reasons. One, Blu-ray is just not going to become the dominant format the way DVD did because of all of the repeating ways now that digital content is delivered to the marketplace via smartphones, tablets, digital distribution, and other channels. But there's a second point here and that is that frankly smartphones and tablets are going to be a lot more ubiquitous than BD players and all of those tablets and smartphones have video capture, video recording capability and the ease and quality of the clips that they can record make it more likely that clip recordings can easily be made and assembled and will be more readily available for educational purposes than ever before and that's without the need of engaging in any acts of circumvention. So in conclusion, we believe that denying the requested exemptions with respect to ACS and Blu-ray will cause no harm to the proponents and we believe that granting exemptions is too risky because it will deny BDs and ACS with full benefit of the DMCA protections and will prematurely harm the format before it achieves an insurance. Thank you. Thank you. Who's here? Good morning. I also appreciate the opportunity to be here as I indicated on here representing the BD Public Control Association which is not the proper corporation located in Moreno, California. DBCCA licenses CSS for use to protect the unauthorized access to or preview so pre-reported video content contained on BD desks. Licenses for the owners of such content and the relating offering of discrepital painting companies and producers of encryption engines, hardware and software decryptor and manufacturers of BD players and even drawn drops. The availability of CSS was essential to incentivize content owners to risk releasing their valuable content in digital form on BD. Thereby allowing consumers to enjoy movies and other video content in higher resolution than had previously been available.