Tech Law Journal Daily E-Mail Alert
Nov. 20, 2000, 8:00 AM ET, Alert No. 67.
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New Documents

FCC: report on the status of its C and F block Broadband PCS spectrum auction, 11/17 (PDF, FCC).
NIPC: Assessment re the Navidad Internet worm, 11/16 (HTML, NIPC).
Quotes of the Day

The following quotes reflect the most recent posturing on the FSC and agriculture trade dispute between the EU and U.S.
"This request is designed to protect our rights in the WTO, fully in line with the procedural agreement reached with the US in September. Whilst wishing to de-escalate this dispute, our aim is to see the WTO- incompatible FSC export subsidies removed. Although we believe the FSC replacement legislation does not solve the problem, the EU will leave it to the WTO to rule on this question. That's what the WTO is there for."

Pascal Lamy, EU Commissioner for Trade, Nov. 17.
"We regret that the EU has not accepted our new legislation. We continue to strongly believe that it is WTO- compliant, as it neither constitutes a subsidy nor is it export- contingent."

Charlene Barshefsky, USTR, and Stuart Eizenstat, Dep. Sec. of the Treasury, joint statement, Nov. 17.
News Briefs

11/17. The EU requested the WTO to authorize trade sanctions against the U.S. of up to $4.043 Billion. The EU alleged as grounds for the request that the Foreign Sales Corporation Repeal and Extraterritorial Income Exclusion Act of 2000, which Clinton signed into law on Nov. 16, constitutes an illegal export subsidy. The move was expected. Earlier this year the WTO held that the FSC tax regime constituted an illegal export subsidy. Previously, the U.S. complained to the WTO, and prevailed, about protectionist agricultural policies in Europe. The EU seeks to bargain its acceptance of the U.S. tax regime for the U.S. acceptance of its agricultural policies. The EU request will be decided by a WTO Dispute Settlement Body. Then, an appeal will likely be made to the WTO Appellate Body. If the WTO finds the new tax bill to be illegal, and the EU and U.S. do not settle their differences, retaliatory trade sanctions would likely be imposed. In this case the EU would target U.S. technology companies with significant sales in Europe, including Cisco, Motorola, and Microsoft.  See, EU release and U.S. response. See also, USTR statement on agriculture negotiations.
11/17. The FTC announced that it is sending over 100 letters to online retailers following its pre-Christmas review of web sites of retailers. The letters warn online retailers of the FTC's Mail or Telephone Order Merchandise Rule, which the FTC also applies to merchandise ordered over the Internet. It covers representations regarding deliver time, and obligations of retailers who fail to deliver within a promised amount of time. See, FTC release.
11/17. The U.S. District Court (CDCa) entered final judgment in Los Angeles Times v. Free Republic, a case pertaining to online copyright infringement. The LA Times and Washington Post sued the Free Republic, a discussion forum web site, for copyright infringement for publishing copies of news stories from their web sites without permission. Defendants unsuccessfully raised fair use and freedom of speech defenses. Defendants in the past have promised to appeal.
11/17. The FCC published a report [PDF] on the status of its C and F block Broadband PCS spectrum auction, now scheduled for Dec. 12, 2000. These 422 spectrum licenses are limited by FCC regulation to small businesses. The FCC stated that it has received 112 applications to participate in the auction, accepted 44, determined 66 to be incomplete, and rejected 2. This is the oft delayed reauction of the bankrupt NextWave's spectrum. Background: FCC WTB's PCS web page.
11/17. The U.S. Court of Appeals (DCCir) issued an order [PDF] in the Microsoft appeal regarding the filing of copies of CD-ROM versions of appeal briefs.
11/17. Bill Galliani joined Cooley Godward as a patent partner in its Palo Alto office. He had been at Pennie & Edmonds. He focuses on on electronic and software patent counseling. See, release.
11/16. The ICANN board of directors named six new TLDs, and their registry operators:
.aero Societe Internationale de Telecommunications Aeronautiques
.biz JVTeam
.coop National Cooperative Business Assoc.
.info Afilias
.museum Museum Domain Management Assoc.
.name Global Name Registry
.pro RegistryPro
11/16. The FBI's NIPC issued an assessment of the Navidad Internet worm. It stated that "it represents a low threat in the United States. Although there have been media reports of outbreaks of this worm in South Korea and Australia, NIPC's international counterparts have reported no significant outbreaks. Although Navidad does not contain a dangerous payload, it does modify the Windows registry file. The modification makes it impossible to execute most programs with an ... attachment unless they were already running at the time of infection." See, Assessment 00-059.
11/16. The Telecommunications Industry Association (TIA), a telecom equipment manufacturers' standards setting body, announced that it wants to expand into broadband, Internet, optical networking and venture capital financing. The TIA began in 1924 as a group of equipment suppliers. It is now a trade group that represents companies that provide telecommunications materials, products, and systems. It is involved in government relations, market support, and standards development. For example, it is the group that wrote the standard, named J-STD-025, that the FCC adopted as part of its CALEA implementation order. See, TIA release.
11/10. The USPTO issued a patent to Avanex for its dense wavelength multiplexing (DWDM) process. Avanex is a provider of photonic processors for optical communications networks. Its main product, PowerMux, is based on the patented technology. See, Avanex 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.

Today

3:00 - 5:00 PM EST. The USPTO's Trademark Public Advisory Committee will hold a public conference call. The agenda includes the Trademark Examination Guide, Retention of USPTO User Fees, Electronic Filing, and suggestions for future TPAC agenda items. [Number: 877-601-4711. Conference Code: TPAC PUBLIC.]

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