Tech Law Journal Daily E-Mail Alert
Nov. 28, 2000, 8:00 AM ET, Alert No. 71.
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New TLJ Stories

Microsoft and Amici File Briefs with Court of Appeals. Microsoft, and two technology trade groups, filed their briefs with the Court of Appeals urging reversal of District Court Judge Jackson's Final Judgment.
New Documents

MSFT: appeal brief in antitrust case, 11/27 (PDF, USCA).
ACT/CompTIA: amicus curiae brief, 11/27 (PDF, USCA).
EU: Draft Convention on Cyber Crime, 11/19 (HTML, EU).
New and Updated Sections

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

"The district judge here deliberately chose to discuss the merits of the case in public, expressing strong personal views about Microsoft and its executives in person, in print and on the radio, both during and after trial. Indeed, some of his remarks suggest that he may have prejudged the central issue in the case -- tying -- in advance of his liability ruling. ... The district judge’s decision to discuss repeatedly the merits of the case in public, and thereby flout the Code of Conduct’s clear proscription, is all the more egregious because this Court has already admonished him for expressing views on a pending case outside a judicial forum. ... The district judge’s violations of the Code of Conduct are emblematic of the manner in which he conducted the entire case -- employing improper procedures and changing the rules of the game, always to Microsoft’s detriment."

Microsoft's Appeal Brief, Nov. 27, citatations omitted.
News Briefs

11/27. Microsoft filed its appeal brief [188 pages in PDF] with the U.S. Court of Appeals (DCCir) seeking reversal of Judge Jackson's conclusions that Microsoft violated the Sherman Antitrust Act, and ordering the breakup of Microsoft. See also, HTML copy of brief. Microsoft argued that Jackson erred in his application of antitrust law in his conclusions that Microsoft engaged in illegal tying, illegal monopolization in a market for Intel compatible PCs, and illegal attempted monopolization of a browser market. Microsoft further argued that Jackson erred by holding trial five months after filing of the complaint and limiting the number of witnesses, by refusing to conduct a hearing on the subject of remedies, and by making repeated public statements about the merits of the case. See, TLJ story.
11/27. The Association for Competitive Technology (ACT) and Computing Technology Industry Association (CompTIA) filed their joint amicus curiae brief [34 pages in PDF] in support of reversing Judge Jackson's Final Judgment and Order in the Microsoft antitrust case. They wrote that "The extraordinarily dynamic IT industry of the last fifteen years has generated enormous benefits for businesses and consumers. The decision below threatens to choke this dynamism by fragmenting the Windows operating system standard, which now supports a steadily increasing range of software applications, and by reducing the incentive and ability of leading software firms to compete vigorously by adding new functions to existing products." See, TLJ story.
11/27. The National Intellectual Property Law Enforcement Coordination Council (NIPLECC) held a public meeting with trade groups representing intellectual property owners, and others, in the Auditorium of the Department of Commerce. Government officials (who are the members of the panel) stated that they are concerned. Industry witnesses then criticized the government for lack of law enforcement activity. Kevin DiGregory, Co-chair of the NIPLECC, and Deputy Asst. Atty. Gen. in the Criminal Division, walked out of the meeting without listening to any industry comments.
11/27. The Department of Commerce released its estimate of U.S. retail e-commerce sales for the 3rd quarter of 2000. Sales rose from $5.526 Billion to $6.373 Billion (without adjustment for seasonal, holiday, and trading-day differences). This is an increase of 15.3%. The three fastest growing kinds of firms engaging in e-retail were mail order firms, auto dealers and bookstores. See, release.
11/27. The Bureau of Export Administration of the Commerce Dept. published a notice and agenda for the Dec. 12 public meeting of the Regulations and Procedures Technical Advisory Committee. See, Fed. Reg., Nov. 27, Vol. 65, No. 228, page 70693.
11/27. The ICANN posted a request for public comments on its at large membership and election process.
11/27. SEC Chairman Arthur Levitt named David Fielder as Counsel to the Chairman. He succeeds Estee Levine, who was recently named Director of the Office of Congressional and Intergovernmental Affairs. See, release.
11/27. Oracle hired former Clinton press secretary Joe Lockhart.
11/24. Tulip filed a complaint in U.S. District Court (DDel) against Dell alleging infringement of a patent pertaining to motherboard technology. Tulip, a Dutch computer company, is represented by the law firm of Robins, Kaplan, Miller & Ciresi. See, Tulip release.
11/19. The EU released the 26th version of its Draft Convention on Cyber Crime.
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.
Wednesday, 9:30 AM - 5:00 PM. The NTIA and the U.S. Copyright Office will hold a joint hearing on the DMCA and copyright law. The hearing will focus on the effects of Title 1 of the Digital Millennium Copyright Act (DMCA) and the development of electronic commerce on the operation of §§ 109 and 117 of Title 17 of the U.S. Code. See, notice in Federal Register. Location: Room LM-414, James Madison Building, Library of Congress, 101 Independence Avenue, SE, Washington DC, 20540.
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