Tech Law Journal Daily E-Mail Alert
Dec. 20, 2000, 8:00 AM ET, Alert No. 87.
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New Documents
WBEC: report on Internet based education, 12/19 (HTML, WBEC).
IPO: amicus curiae brief on doctrine of prosecution laches in patent litigation, 12/18 (HTML, IPO).
Lamy: speech to AEI re trade, 12/18 (HTML, EU).
Quote of the Day
"The nation's pre- kindergarten- grade 12 schools face regulation from the federal and local levels, as well as the states. They are subject to countless administrative procedures implemented in an age that predated the Web; many of these procedures cannot accommodate the Internet's agility. School leaders are increasingly confronted by a desire to innovate but are unable to overcome the timeworn rules ..."

Report of the Web Based Education Commission, Dec. 19.
News Briefs
12/19. A federal grand jury (NDCal) returned an indictment for one count of wire fraud against Darla Prestwich. The defendant was charged with engaging in a fraud scheme on eBay by registering repeatedly as a seller with eBay under different aliases, posting auction listings on eBay in which she offered to sell items that she either did not possess or misdescribed, and after receiving payment, either failing to deliver the merchandise or delivering merchandise that did match the description of the merchandise described in the auction listing. The prosecution is the result of an investigation by the U.S. Secret Service. Joseph  Sullivan is the Asst. U.S. Attorney who is prosecuting the case. See, USA/NDCal release.
12/19. The Web-Based Education Commission released its report titled The Power of the Internet for Learning: Moving from Promise to Practice. The report concluded that "regulations that govern much of education today, from pre-kindergarten to higher education, are focused on supporting the welfare of the educational institution, not the individual learner. They were written for an earlier model, the factory model of education in which the teacher is the center of all instruction and all learners must advance at the same rate, despite their varying needs or abilities. ... Funding follows this progression, and is based on the time a student spends in class ("seat time") and the location of that student and that educational program. Estimates for school construction, educational services, and materials are built on these time-fixed and place-based models of yesterday. These regulations and requirements no longer match today's realities. ... What is needed, in short, is a wholesale rethinking of the regulatory foundations governing our educational institutions. The Internet cannot be ignored in any such effort of regulatory reform." The Commission's Chairman is Sen. Bob Kerrey (D-NE); its Vice Chairman is Rep. Johnny Isakson (R-GA).
12/19. President Clinton pocket vetoed HR 2415, the Bankruptcy Reform Act of 2000, a major overhaul of the U.S. bankruptcy code. (This bill incorporated the language of S 3186.) Clinton exercised a pocket veto by not signing the bill. The 106th Congress has adjourned, so the veto cannot be overriden. See, Clinton statement.
12/19. and six of its independent record label partners filed a complaint in U.S. District Court (SDNY) against and its streaming service alleging copyright infringement. CEO Gene Hoffman stated, "Although has entered into settlement agreements with the five major record labels, they have chosen to ignore their infringing actions with respect to independent record labels." See, release.
12/18. The Intellectual Property Owners Association (IPO) filed an amicus curiae brief with the U.S. Court of Appeals (FedCir) in Symbol Technologies v. Lemelson that argues that the courts have equitable power to deny enforcement to patents based on unjustifiable and prejudicial delay in prosecution.
Editor's Note: This column includes all News Briefs added to Tech Law Journal since the last Daily E-Mail Alert. The date indicates when the event occurred, not the date of posting to Tech Law Journal.
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