Their factories also use different technologies that cannot easily be integrated.

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"On the other hand, as the U.S. Supreme Court ruled in the Sony Betamax case several years ago, technology that has substantial non-infringing uses cannot be outlawed simply because pirates might also use the technology for infringing activities, " Weiss said.

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The court said political map-makers cannot use race as the principal consideration in drawing congressional district boundary lines, but also agreed that using race as one factor could be constitutional.

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