Tech Law Journal
Daily E-Mail Alert
Oct. 31, 2000
8:00 AM ET.
Alert No. 53.

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News Briefs

10/30. Both Microsoft and the DOJ filed pleadings with the U.S. Court of Appeals (DCCir) regarding the filing of amicus curiae briefs in the antitrust appeal. Numerous individuals and entities have sought leave to file amicus briefs, including:
• Assoc. for Competitive Technology (ACT).
• Computing Technology Industry Assoc. (CompTIA).
• American Online (AOL).
• Computer & Communications Industry Assoc. (CCIA).
• Lee Hollaar.
• Carl Lundgren.
• Laura Peterson.
• ProComp.
• Software & Information Industry Assoc. (SIIA).
• The Assoc. for Objective Law (TAFOL).
• Center for the Moral Defense of Capitalism (CMDC).
The DOJ submitted a short response stating that all should be allowed to file amicus briefs. Microsoft argued in its response that the joint motion of ACT and CompTIA to file a joint brief should be granted. These groups are supportive of Microsoft. It argued that the rest should only be allowed to submit one joint brief. It also stated that CCIA and SIIA are groups dominated by Microsoft competitors, while AOL is a Microsoft competitor whose employees already testified at trial, and ProComp is "a trade association founded in 1998 by Netscape and other Microsoft competitors to provide lobbying and public relations support for the government’s assault on Microsoft." On Oct. 26, the Court released a short order [PDF] regarding responses to the many motions for leave to file amicus curiae briefs.
10/30. Late on Monday Oct. 30 Bill Clinton vetoed the Treasury Dept. appropriations bill. This bill includes the provision eliminating the 3% tax on phones. This was an apparent retaliation for the Congress not acceding to his demands that certain provisions be added to the Labor and Health and Human Services appropriations bill. Several key tax and appropriations and bills remain in dispute, 30 days into the new fiscal year. Congress remains in session, just one week before election day. Many tech related provisions are attached to these bills. In addition, funding for most of the agencies involved in tech related matters (including the USPTO, NTIA, FCC, FTC, DOJ, and SEC) are included in the Commerce, Justice and State departments appropriations bill, which the Congress has passed, but Clinton has not signed. Earlier in the day Clinton held a press conference to criticize Republicans. See, transcript.
10/30. The Copyright Office of the Library of Congress published in the Federal Register final regulations governing the adjustment of the royalty rates for the cable statutory license. The Copyright Act, at 17 U.S.C. 111, creates a statutory license for cable systems that retransmit to their subscribers over the air broadcast signals. Royalty fees for this license are calculated as percentages of a cable system's gross receipts received from subscribers for receipt of broadcast signals. See, Federal Register, Oct. 30, 2000, Vol. 65, No. 210, pages 64622-64623.
10/27. The FCC's Wireless Telecommunications Bureau approved by MOO the merger of TeleCorp and Tritel. The applications involved licenses for PCS and LMDS spectrum. The Bureau denied a petition to deny filed by Nextel. (WT Docket No. 00-130) See, FCC release.
10/27. The Department of Justice Antitrust Division concluded that Verizon "has not provided sufficient evidence in support of its pending application to provide long distance services in Massachusetts" and "has not adequately addressed competitive concerns regarding current and future access to lines for digital subscriber line services (DSL)--lines used for high speed internet access." See, DOJ release. Verizon has filed a Section 271 petition with the FCC requesting authority to provide long distance service in Massachusetts.
10/25. The Association for Competitive Technology (ACT) announced that Vince Sampson is its new VP of Public Affairs. He replaces Allison Rosen.
10/26. The SEC announced that the U.S. District Court (DHa) issued a permanent injunction injunction on Oct. 23 against Robert Moore, individually and dba The Kingdom of Enenkio. The Kingdom, also know as Wake Island, offered "war bonds" for sale on the Internet in connection with its war for independence against the United States. The SEC asserted that the Kingdom violated the antifraud and securities registration provisions of the federal securities laws. Judge Susan Mollway reserved the issue of disgorgement. 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.

The FCC is holding a conference on telecom network security. See, agenda. The audio portion will be web cast by the FCC.
New Documents

USCA: order requesting responses re amicus briefs, 10/30 (PDF, USCA).
MSFT: response re amicus briefs, 10/30 (HTML, MSFT).
DOJ: response re amicus briefs, 10/30 (HTML, DOJ).
CO: regulations re royalty rates for cable statutory license, 10/30 (TXT, FedReg).
BXA: notice of meeting of ISTAC re export restraints on information systems technology, 10/30 (TXT, FedReg).
New and Updated Sections

Calendar (updated daily).
News from Around the Web (updated daily).
Quotes of the Day

"Once again the Republican leadership has let the whispers of the special interests drown out the voices of the American people."

Bill Clinton, just prior to vetoing the Treasury Dept. appropriations bill.
"The most vicious thing we've run into in 32 years."

Sen. Ted Stevens (R-AK) on Clinton's veto of the Treasury appropriations bill.