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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. 28, 2000
8:00 AM ET.
Alert No. 7.

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News Briefs

8/25. The Digital Media Association (DiMA) filed an amicus brief with the U.S. Court of Appeals (9th Cir.) in Napster v. A&M Records, Inc., et al. The brief argues that U.S. District Court Judge Marilyn Patel incorrectly abandoned the "capable of substantial non-infringing uses" test for determining the legality of challenged technologies that the U.S. Supreme Court set forth in the 1984 Sony Betamax case. See, DiME release [PDF].
8/25. The FCC adopted changes to its rules to remove the financial eligibility restrictions for some C and F block PCS licenses to be auctioned in Auction 35 and in future C and F block auctions. The FCC also revised the service and auction rules for upcoming auctions of C and F block PCS licenses including reconfiguring the size of C block licenses, modifying auction eligibility restrictions for certain licenses in both large and small markets, and retaining the spectrum cap. See, FCC release.
8/25. AT&T filed a challenge in the Ohio Supreme Court to an order of the Public Utilities Commission of Ohio (PUCO) that Ameritech Ohio suspend its price ceiling for intrastate access charges. AT&T alleges that the PUCO order "is in direct violation of Ameritech Ohio’s recently-approved alternative regulation plan, which sets the interstate access rates established by the Federal Communications Commission as the price ceiling on these intrastate access charges." See, AT&T release.
8/25. The RIAA announced that "The number of full-length CDs manufacturers shipped to the U.S. market is at an all-time high, growing 6.0% from this time last year ..." The RIAA, and its members, have also brought copyright infringement suits for Internet distribution of music files via peer-to-peer and other systems. See, RIAA release.
8/25. Intel announced the formation of an industry working group to foster standards and protocols for peer-to-peer computing. See, release.
8/25. ICANN responded to NSI's multilingual domain name testbed. It stated that "the internationalization of the Internet's domain name system must be accomplished through standards that are open, non-proprietary, and fully compatible with the Internet's existing end-to-end model and that preserve globally unique naming in a universally resolvable public name space." See, ICANN release.
8/24. Network Solutions announced that it will open a testbed for accredited registrars to register domain names in non-English language character sets in .com, .net, and .org. The testbed will allow users to register domain names initially in three languages: Japanese, Korean, and Chinese (traditional and simplified), and soon thereafter in Spanish, Portuguese, and Arabic. See, NSI release.
8/23. The CTIA filed a Petition to Suspend Compliance Date with the FCC in its CALEA proceeding . In 1994 the Congress passed the CALEA to allow law enforcement authorities to maintain their wiretap capabilities in new telecom devices, by requiring carriers to make their wireline, cellular, and broadband PCS equipment capable of certain surveillance functions. In Aug. 1999 the FCC issued an Order [huge WP file] implementing and expanding the requirements placed on carriers. The CTIA on others filed Petitions for Review. On Aug. 15 The U.S. Court of Appeals (DC Cir.) released its opinion vacating parts of the FCC order. However, the binding deadline of the order remains in place. CTIA seeks to have the deadline suspended until new CALEA rules are in place. See also, CTIA release.
8/21. 3Com announced on Aug. 18 that it will pursue its patent infringement suit against Xircom. On May 26 3Com filed a complaint in U.S. District Court (Utah) alleging infringement in connection with its PC Cards technology. However, 3Com did not initially serve the complaint upon Xircom. 3Com stated on Aug. 18 that it "had withheld serving the complaint in an effort to negotiate a reasonable business solution to the dispute, but the parties have not been able to come to terms. 3Com has therefore served Xircom with the complaint and will now pursue protection of its intellectual property rights in the courts." See, 3Com release. Xircom General Counsel Randall Holliday responded on Aug. 21 that "Xircom is committed to an aggressive response to 3Com’s decision to pursue this litigation and we are fully prepared and intend to mount an aggressive defense to 3Com’s baseless allegations." See, Xircom 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.
New Documents

Amicus briefs filed with the U.S. Court of Appeals (9th Cir.) in Napster v. A&M Records, Case No. 00-16401. [PDF files in Napster web site.]
 • Digital Media Assoc. brief [911 KB]
 • Ad Hoc Copyright Coalition brief [1.1 MB]
 • Consumer Electronics Assoc. brief [861 KB]
 • Assoc. of Am. Physicians & Surgeons brief [81 KB]

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