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

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

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

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

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

"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

- 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

Sources DVD Entertainment Group Consumer Electronics Association Video Software Dealers Asssociation National Association of Recording Merchandisers The Digital Bits The Beacon Journal Zap2It.com Los Angeles Times April 19, 2003