Tech Law Journal Daily E-Mail Alert
Dec. 8, 2000, 8:00 AM ET, Alert No. 79.
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New Documents

DOJ: comments filed with the FCC re SBC's 271 applications for Oklahoma and Kansas, 11/4 (HTML, DOJ).
Moore: annual report of WTO DG Mike Moore, 11/7 (MSWord, WTO).
EPO: decision re electronic filing of patents, 11/7 (HTML, EPO).
New and Updated Sections

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

"A lot of this treaty is being looked at in the United States against the backdrop of what many of us see as ongoing government efforts to control the design of this new technology, to control it in order to expand government surveillance powers."

James Dempsey, Senior Staff Counsel, Center for Democracy and Technology, on the Council of Europe's draft cyber crime treaty, Dec. 7.
News Briefs

12/7. Napster hired Manus Cooney to be its VP for Corporate and Policy Development. He is currently Chief Counsel and Staff Director to the Senate Judiciary Committee, which is chaired by Sen. Orrin Hatch (R-UT). Napster stated that he will be "charged with setting the company's strategic course on legislative policy issues that effect the company, its users, and artists; he will represent Napster before Congress and the Administration, and will advise the company on licensing, strategic alliances, and partnerships both domestically and abroad." See, Napster release.
12/7. A group of music publishers and songwriters filed a complaint in U.S. District Court (SDNY) against Universal Music Group alleging copyright infringement in connection with UMG's streaming of plaintiffs' music recordings from its web site.
12/7. The U.S. District Court (NDCal) dismissed some of  Marketel's claims against Priceline, an online travel services company. On Jan. 19, 1999, Marketel filed a complaint against Priceline, which it has since twice amended. Marketel alleged misappropriation of trade secrets, misappropriation of business model, conversion, false advertising, and entitlement to a correction of inventorship of Priceline's U.S. Patent 5,794,207. Marketel claims that it previously operated a fax and telephone based reverse auction for travel services. Priceline is also involved in other IP related legal proceedings concerning online auctions. It has filed complaints against Microsoft alleging infringement of this same patent, and its U.S. Patent 6,085,169, in connection with Microsoft Expedia's "Hotel Price Matcher" and "Flight Price Matcher" services. In addition, Priceline states that on Jan. 6, 1999, it "received notice that a third party patent applicant and patent attorney, Thomas G. Woolston, purportedly had filed in December 1998 with the United States Patent and Trademark Office a request to declare an interference between a patent application filed by Woolston and the Company's U.S. Patent 5,794,207." See, Priceline's Form 10-Q filed with the SEC on Nov. 14.
12/7. WTO Director General Mike Moore released his annual report [518 KB in MS Word].
12/7. The WIPO began its Diplomatic Conference on the Protection of Audiovisual Performances, which is taking place in Geneva, Switzerland, from Dec. 7 to 20. See, release.
12/7. Ingo Kober, the President of the European Patent Office, issued a decision on the electronic filing of European patent applications and subsequent documents.
12/7. David Kornblau was named Chief Litigation Counsel of the SEC's Division of Enforcement. He succeeds Christian Mixter, who left the SEC in Sept. to join the law firm of Morgan Bokius & Lewis. See, SEC release.
12/7. The Dept. of Justice (DOJ) published in its web site a copy of its Dec. 4 comments to the FCC regarding SBC's Section 271 application to provide long distance service in Oklahoma and Kansas. (FCC CC Docket No. 00-217.)
12/6. The Financial Accounting Standards Board (FASB) reached a tentative decision at its Dec. 6 meeting to modify certain provisions of its September 1999 proposed statement titled Business Combinations and Intangible Assets. At issue is treatment of goodwill in mergers of high tech companies. The FASB had previously proposed eliminating the use of pooling as a proper method of accounting for business combinations, instead requiring the use of the purchase method. This approach was opposed by high tech companies that own little tangible property. The Congress held hearings, and pressured the FASB to allow the pooling method. See for example, transcript from the House Finance Subcommittee's hearing of May 4, 2000. The FASB has published a release, but not a copy of the revised statement, in its web site. 
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.
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