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Tech Law Journal
Daily E-Mail Alert
Aug. 18, 2000
8:00 AM ET.
Alert No. 1.

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News Briefs

8/17. U.S. District Court Judge Lewis Kaplan (SDNY) released his Final Judgment and explanatory Opinion [98 pages in PDF] against the remaining defendants in the DeCSS case (Eric Corley and 2600), barring publication of DeCSS information. Corley promises to appeal. See, 2600 release.
8/17. The National Infrastructure Protection Center (NIPC), located at FBI HQ, began tracking the propagation of a worm entitled VBS/, which contains a password stealing agent. See, NIPC Alert 00-053.
8/17. U.S. Bankruptcy Judge Carol Kenner (Boston) dismissed an agreement between Toysmart and the FTC. The agreement had placed restrictions on the sale of personal information collected by the Toysmart web site under promise to keep it confidential. See also, FTC's amended complaint.
8/17. Excite@Home and Cablevision announced resolution of the lawsuit between Cablevision and Excite@Home and its cable partners AT&T, Cox and Comcast. The parties agreed to dismiss Cablevision's claims against Excite@Home and its partners immediately, and Cablevision has consented to Excite@Home's completion of the extension of the distribution agreements with AT&T, Cox and Comcast and the restructuring of its Board of Directors. See, Excite@Home release.
8/17. EPIC filed a motion [PDF] in U.S. District Court in DC in its lawsuit against the FBI to obtain Carnivore regards under the FOIA. EPIC seeks an order establishing a schedule for the FBI's processing of agency records responsive to its FOIA request. See, EPIC release.
8/17. The NTIA requested public comment on a draft statement of work that it contemplates will be ultimately incorporated into a request for proposals to manage .us domain space on behalf of the U.S. government. See, release and forthcoming notice in Federal Register.
8/17. MasterCard filed a complaint in U.S. District Court, SDNY, against Ralph Nader, and his presidential campaign committee, alleging violation of proprietary rights arising under copyright and trademark law. See, MC release. Nader has been running TV and cable ads that mimic MasterCard's "Priceless" campaign. Quote from Nader ads: "Grilled tenderloin for fund-raiser: $1,000 a plate. Campaign ads filled with half-truths: $10 million. Promises to special interest groups: over $10 billion. Finding out the truth: priceless." Nader responded to the suit: "lighten up." See, Nader release.
8/17. The RIAA announced that Special Agents from the Arizona Attorney General's Office, with assistance from the RIAA Anti-Piracy Unit, executed two criminal search and seizure warrants on Aug. 9 on two counterfeit music operations in Phoenix, seizing illegal production devices and pirated CDs. See, RIAA release.
8/16. The USPTO announced increases in patent fees to take effect Oct. 1, 2000. Most patent fees will be increased by 2.68%, the current rate of inflation. See, USPTO release. The notice in the Federal Register [PDF] elaborated: "The patent statutory fees established by 35 U.S.C. 41(a) and (b) will be adjusted on October 1, 2000, to reflect any fluctuations occurring during the previous twelve months in the Consumer Price Index for all urban consumers (CPI–U). ... the USPTO uses the Administration’s projected CPI–U for the twelve-month period ending September 30, 2000, which is 2.68 percent. Based on this projection, patent statutory fees will be adjusted by 2.68 percent."
Editor's Note: This column includes all News Briefs added to Tech Law Journal since the last Daily E-Mail Alert. The dates indicate when the event occurred, not the date of posting to Tech Law Journal.
New Documents

8/17. Final Judgment in Universal City Studios, et al. v. Reimerdes, et al., U.S. District Court, SDNY, Case No. 00 Civ 0277 (LAK), also known as the "DeCSS case," and the "DVD hacker case."
Quote of the Day

"Defendants contend ... that the DMCA, as applied to computer programs, or code, violates the First Amendment. ... But computer code is not purely expressive any more than the assassination of a political figure is purely a political statement. Code causes computers to perform desired functions. Its expressive element no more immunizes its functional aspects from regulation than the expressive motives of an assassin immunize the assassin’s action."

U.S. District Court Judge Lewis Kaplan (from his Opinion explaining his Final Judgment against Eric Corley in the DeCSS case).

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