1. Hearings on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works Docket No. RM 2002-4C May 15, 2003 Testimony of the Electronic Frontier Foundation

2. US Consumer Purchases: DVD vs. VHS (by $ value) Sources: DVD Entertainment Group, Video Software Dealers Association

4. Source: Video Software Dealers Association US Consumer Rentals: DVD vs. VHS (by turns)

5. US combined sales and rentals of DVD and VHS ($ billions)

6. US Sales of DVD and VCR Players Sources: DVD Entertainment Group, Consumer Electronics Association DVD sales figures includes LD-DVD but excludes PS2, DVD-Rom and DVD/VCR combinations

8. "For us, VHS is dead," said Marylou Bono, vice president of marketing of home video for Warner Strategic Marketing. "We made a conscious decision back in January to phase out VHS releases. The retailers are just not picking up a lot of videotape this past year.” “Coming to a DVD Player Near You: The Interactive Movie” April 19, 2003 The Los Angeles Times

9. - Circuit City ceased carrying VHS in June 2002 "Circuit City to Drop VHS Movies to Clear Way for DVDs” New York Times June 21, 2002 at C4 - Blockbuster reduced VHS inventory by 25% to increase room for DVDs in September 2001 "Blockbuster Taking Charge to Reduce VHS Inventory” New York Times September 11, 2001 at C4

10. Sources DVD Entertainment Group http://www.dvdinformation.com/ Consumer Electronics Association http://www.ce.org/ Video Software Dealers Asssociation http://www.vsda.org/ National Association of Recording Merchandisers http://www.narm.com/ The Digital Bits http://www.thedigitalbits.com/ The Beacon Journal http://www.ohio.com/mld/beaconjournal/ Zap2It.com http://www.zap2it.com/ Los Angeles Times April 19, 2003