Tech Law Journal Daily E-Mail Alert
Nov. 29, 2000, 8:00 AM ET, Alert No. 72.
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New TLJ Stories

Gov Officials and Industry Reps Clash Over Enforcement of Intellectual Property Rights in Cyberspace. Government officials responsible for enforcing intellectual property laws, and representatives of intellectual property owners, held a public meeting at which they discussed law enforcement activities in cyberspace. Industry representatives criticized the lack of prosecutions by the U.S. Department of Justice.
New Documents

FTC: report on workshop on Alternate Dispute Resolution for Online Consumer Transactions, 11/28 (HTML, FTC).
FCC: NPRM re secondary markets for spectrum rights, 11/27 (PDF, FCC).
RKMC: Complaint for patent infringement in Tulip Computers v. Dell, 11/24 (HTML, TLJ).
New and Updated Sections

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

"There is a raging debate, a highly public debate, over whether copyright infringement on the Internet is wrong, whether anybody cares, whether there are any meaningful consequences. We regularly hear from consumers and the creative community ... but largely missing from the debate -- one of the strongest influencers of public opinion -- is the constables."

Robert Kruger, VP of the Business Software Alliance, Nov. 27.
News Briefs

11/29. Pursuant to the American Inventors Protection Act of 1999, the USPTO will begin publishing patent applications filed on or after November 29, 2000 eighteen months after the effective filing date of the application. See, USPTO release.
11/28. Calif. Gov. Gray Davis announced the appointment of five Superior Court Judges in Santa Clara, Alameda, and Contra Costa Counties. He appointed Joseph Huber and Brian Walsh in Santa Clara County, Steven Brick and Winifred Smith in Alameda County, and George Spanos in Contra Costa County. Joseph Huber is a member of the San Jose law firm of Huber Samuelson. This firm represented Andrew Bunner in connection with his web publication of the DVD DeCSS software utility. Brian Walsh is a shareholder at McTernan, Stender, Walsh, Weingus & Tondreau who practices employment law, including representation labor unions and high-tech executives being separated from their employment. See, law firm bio. Steven Brick is a partner at Orrick, Herrington & Sutcliffe who has litigated unfair competition, securities fraud, RICO, antitrust, intellectual property, and employment disputes. See, Orrick bio. Winifred Smith is a Deputy Assistant Attorney General who has worked on health, education and welfare matters. George Spanos is a partner in the Walnut Creek firm of Spanos & Black. See also, Davis release.
11/28. Staff of the FTC and the Department of Commerce issued a report on the joint FTC/DOC workshop on Alternate Dispute Resolution (ADR) for Online Consumer Transactions held on June 6-7, 2000. The report summarizes several topics, including finding global solutions to problems arising from international e-commerce transactions, pursuing technological innovation in ADR programs, pursuing multiple ADR programs, ensuring fairness and effectiveness of ADR programs,  consumer and business education about ADR, and combating fraud and deceptive practices related to ADR.
11/28. The FCC's revised telephone slamming liability rules took effect on Nov. 28. See, FCC release [MS Word].
11/28. Members of the recording industry formed a royalty program titled SoundExchange. Its purpose is to collect and distribute royalty payments for digital sound recordings played on cable and satellite subscription music services, and streamed in non-interactive webcasts. The SoundExchange Governance Committee will be made up of representatives from both major and independent record labels, recording artists, artist representatives and industry groups, including the Recording Industry Association of America. See, RIAA release.
11/28. The Intellectual Property Organization (IPO) named David Gould of Dupont to be the Chairman of its Trademark Division.
11/28. IBM named Harriet Pearson to be its first Chief Privacy Officer. See, IBM release.
11/27. The FCC published in its web site a copy of its Notice of Proposed Rulemaking [MS Word and PDF] regarding preliminary steps which the FCC might take towards allowing secondary markets in spectrum rights. This NPRM was adopted, but not released, at the Nov. 9 FCC meeting. See also, TLJ story of Nov. 10.
11/27. The Supreme Court denied certiorari in Nextwave Personal Communications v. FCC, No. 00-447. See, Order List [PDF] for Nov. 27, at page 16.
11/20. Several individuals filed a complaint in U.S. District Court (WDWash) against Avenue A alleging violation of the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, and state statutes and common law principles, in connection with its privacy practices. Avenue A, an Internet advertising business, stated that "the lawsuit is without merit". Plaintiffs seek class action status. See, release.
11/14. The FTC settled civil charges that it brought against DP Marketing and its two principals for engaging in a fraudulent Internet pyramid scheme. The FTC filed its original complaint on July 7, 1999 in U.S. District Court (DConn). The Stipulated Final Judgment and Order was entered by the Court on Nov. 14, 2000. The FTC issued a release on Nov. 28 which states that the "order imposes a judgment of $72,312". It also states that "$430,140, [is] the total amount paid by consumers to DP Marketing ..."
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.


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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