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News, records, and analysis of legislation, litigation, and regulation affecting the computer, internet, communications and information technology sectors

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Tech Law Journal
Daily E-Mail Alert
Aug. 21, 2000
8:00 AM ET.
Alert No. 2.

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News Briefs

8/18. Napster, Inc., filed its Opening Brief [216 KB PDF file] with the U.S. Court of Appeals for the 9th Circuit in its music file copying appeal, Napster Inc. v. A&M Records, et al., Case No. 00-16401. Napster requests that the Appeals Court reverse and vacate the District Court's preliminary injunction entered against it on July 26. See also, Napster release.
8/18. The Bronx District Attorney's Office, assisted by the Recording Industry Association of America's (RIAA) Anti-piracy Unit, executed a search warrant in the Bronx, NY. The DAs arrested Mouhamed Diallo and seized illegal production devices and CDs. See, RIAA release. The Bronx DA stated that "Diallo has been charged with 1 count of Criminal Possession of a Forgery Device, a D Class Felony carrying a maximum term of up to 7 years imprisonment. Additional charges include 1 count of Trademark Counterfeiting in the 2nd degree, and 1 count of Failure to Disclose the Origin of a Recording in the 1st degree. Both are E Class Felonies carrying a maximum sentence of up to 4 years imprisonment for each count." See, Bronx DA release.
8/17. Thomas McLaughlin, President of the Houston based Net Help Solutions, and others, filed a complaint in state court in Corpus Christi, TX against SBC Communications and its subsidiaries, alleging that defendants provide DSL service at less than their minimum guaranteed speed. Plaintiffs seek class action status.
8/15. The SEC filed a civil complaint against Merger Communications, Inc. and its two owners, Jukka Tolonen and David Drake of Houston TX. The complaint alleges that Merger distributed press releases and other communications via the Internet touting numerous OTC and NASDAQ stocks without properly disclosing that the companies compensated them, in violation of Section 17(b) of the Securities Act of 1933. See, SEC release.
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.
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Quote of the Day

"Moreover, while the injunction unquestionably has disastrous consequences to Napster, it does Plaintiffs very little good. The unrebutted record shows that peer-to-peer sharing of music files will continue irrespective of Napster, through alternatives such as Gnutella, AOL, Napigator and other Internet portals and search engines."

David Boies and Daniel Johnson (from their Opening Brief for the U.S. Court of Appeals for the Ninth Circuit in the Napster case).

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