|Nine States Join in
|11/6. Microsoft, the Department of Justice, and nine states
filed a Stipulation
and Revised Proposed Final Judgment with the U.S. District
Court in the antitrust case against Microsoft. These states
are New York, Ohio, Illinois, Kentucky, Louisiana, Maryland,
Michigan, North Carolina and Wisconsin.
Seven states and the District of Columbia have not joined in
the settlement. These states are California, Florida, Kansas,
Massachusetts, Minnesota, Utah and West Virginia.
Tom Riley, Attorney General of Massachusetts, stated that
"The agreement reached by the U.S. Department of Justice
and Microsoft is fundamentally flawed. It has enormous
loopholes and may prove to be more harmful than helpful to
competition and to consumers. We will show the utmost respect
for the court and the process while at the same time conveying
our problems with this agreement. This company has a long and
consistent pattern of violating the law and not playing by the
rules. The original goals of this suit were to restore
competition and prevent a return of illegal and abusive
conduct. This agreement is license for Microsoft to use its
dominance and power to crush its competition. We all lose if
that happens." See, release.
Microsoft Chairman and Chief Software Architect Bill Gates
said in a prepared statement
that "We made every effort to reach a compromise to
address the states' concerns and allow everyone to move
forward. Yesterday, at the request of the states, we made some
additional revisions to clarify the proposed decree and better
capture the intent of the parties. We hope that the remaining
states will join in this agreement, so that everyone can focus
on the future and avoid the unnecessary costs and delays of
Ken Wasch, President of the Software
& Information Industry Association, an anti Microsoft
group, stated on November 6 that "We commend the state
attorneys general for their steadfast pursuit of justice. The
harm has been demonstrated, innovation has been impeded, and
competition has been thwarted. The settlement agreement is not
in the public interest. It should be rejected by the state
attorneys general and the federal district court." See, release.
|Sen. Hatch Comments on
|11/5. Sen Orrin Hatch
(R-UT), the leading critic of Microsoft in the Senate,
released a statement
regarding the proposed settlement between the Department of
Justice and Microsoft. He stated that "In the coming
days, I will study the settlement proposal closely to ensure
that it would restore competition to the computer industry,
particularly where the D.C. Circuit found Microsoft to have
violated the antitrust laws. As we all know, the devil is in
|Sen. Leahy Plans Hearing on
|11/2. Sen. Patrick Leahy
(D-VT), Chairman of the Senate Judiciary
Committee, stated that his committee will hold hearing on
the proposed settlement of the Microsoft antitrust case. He
stated that the Committee "has closely monitored high
tech competition issues over the last few years, and we will
continue to do so. The terms of the settlement and its
implementation will be the focus of future hearings. We will
want to hear from the Justice Department, and other affected
parties, about whether the remedies ensure that consumers get
high-quality and innovative products at reasonable prices. We
will want to examine whether competitors have adequate
opportunities to provide those products and computer
manufacturers have the freedom to configure their machines as
they think best, and whether the remedies are sufficiently
adaptable to the constantly changing competitive environment
of the Internet and computer industries." See, statement.
|Legislators Introduce INS
James Sensenbrenner (R-WI) and Rep. George Gekas
(R-PA) introduced the Immigration Reform and Accountability
Act, a bill to restructure the Immigration
and Naturalization Service (INS) into two separate federal
agencies. One agency would handle border enforcement; the
other would handle immigration services. The bill would also
provide for the creation of an Internet based system that
would permit people with applications filed with the INS to
access online information about the status of the application.
release and Gekas
|USPTO Tests Negative for
|11/5. The USPTO announced
that "over the weekend, the Centers for Disease Control
and Prevention (CDC) confirmed that all 88 samples taken at
the USPTO tested negative for Anthrax. Consequently, the tests
taken to date indicate that the USPTO is Anthrax free. In the
interest of continued safety, the USPTO will test for Anthrax
periodically." See, release.
|11/6. The U.S.
Court of Appeals (DCCir) issued its opinion
Bioscience v. Thompson, a case regarding the
FDA's approval process for generic drugs, and patent law.
Vacated and remanded.
11/6. The USPTO published
issue of the USPTO Pulse in its web site.
|RIAA CEO Addresses Online
Music and Copyright
|11/6. Hillary Rosen, P/CEO of the Recording Industry Association of
American (RIAA), gave a speech
at the O'Reilly
Peer to Peer and Web Services conference regarding peer to
peer technologies and copyright.
She stated in the prepared text of her speech that "the
music community has recognized the amazing opportunities
offered by the Internet. They have been obvious. Our
traditional promotion and marketing efforts have been choked
holed at radio and retail for some time". She added that
"the question isn’t whether music is going to be
commercially available online. It is and it will continue to
grow. It must -- because it's great for consumers, and I
fervently believe it is still good opportunity for the
multitude of entrepreneurs and technology developers who share
a passion for serving this important need. The question isn't
whether peer to peer or any other particular technology is
good or bad either. The question is whether they're going to
be used -- whether they’ll respect what artists create just
like we in the recording business respect what the business
sponsors and software developers in this audience
Peer to Peer Technology. "In the public's mind,
peer to peer technology is all about stealing music and
increasingly stealing movies", said Rosen. She continued
that "The problem with peer to peer is not the
technology, but how it is used. The multiple exciting
applications for P to P that are being discussed over these
few days show the limitless potential of the technology in
multiple ways." She also cited other harmful uses of
P to P technology, included "security
concerns", "the spread of viruses that endanger
national computer network infrastructure", and
Napster Law Suit. Rosen stated that "People have
often asked me over the last two years why record companies
took Napster to court instead of just licensing them. Well,
the reason we were and still are in court is because they have
taken the legal position that they don't need a license. So do
many of their counterparts. After all, you tell me -- can a
legitimate, licensed company, one that's paying royalties,
compete on a level playing field with those who aren't?"
Intellectual Property Laws. She stated that "You
also may hear and think that copyright law stifles technology.
In fact, we have the most thriving economy in the world and we
have it precisely because we have found the right balance
between innovation and protection. The hue and cry from some
corners of the world suggesting the dismantling of
intellectual property protection are, in my view, short term
thinkers looking for a popular cause."
Opposition to Legislation. Rosen stated that the music
industry has been slow to make music available online, but
this does not warrant government intervention. She elaborated
that "It is clear that record companies haven’t been as
quick as some have hoped to get online. Maybe that encouraged
piracy -- not excused it, to be sure, -- but encouraged it by
not filling the vacuum of consumer demand. But I hope you’ll
acknowledge this as well: Building a legitimate business model
from scratch -- one that involves literally hundreds of
millions of copyrights and interlocking creative rights,
navigating incompatible DRM's and players and building
customer service and ease of use that music fans have always
enjoyed -- isn't quite as easy as people might think. Some
have argued for government intervention. I think that would be
ill advised. The pace of the marketplace is too fast to
accommodate such regulation. And who would want to dictate a
"one size fits all" business model? The proposals
being circulated for legislative action would stifle
innovation, competition and consumer choice."
MOCA. Rep. Rick
Boucher (R-VA), a sponsor of HR
2724, the Music Online Competition Act of 2001, is
scheduled to speak at the same conference on Wednesday,
November 7. See also, March 6, 2001 address
by Rep. Boucher regarding proposals for changes to the fair
use doctrine in the context of digital and Internet media.
|Starting on January 1, 2002, the Tech Law Journal Daily
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Also, free subscriptions are available for law students,
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|About Tech Law Journal
|Tech Law Journal is a free access web site and e-mail alert
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|Wednesday, Nov 7
|8:30 AM. Rep. Rick
Boucher (D-VA) will speak at the O'Reilly Peer to
Peer and Web Services conference. Location: Washington
Ballroom, The Westin Grand, 2350 M Street NW, Washington DC.
9:30 AM - 5:30 PM. Day three of a three day conference and
exhibition hosted by the NIST
and NISO titled "4th
annual Electronic Book Conference". See, registration
page. Location: Ronald Reagan Building, 1300 Pennsylvania
Ave., NW, Washington DC. See, Nov.
10:00 AM. The House
Commerce Committee's Subcommittee on Commerce, Trade and
Consumer Protection will hold a hearing titled Challenges
Facing the Federal Trade Commission. FTC Chairman Timothy
Muris will be the only witness. Location: Room 2123,
10:00 AM. The Senate
Judiciary Committee has scheduled a hearing on pending
nominations. Panel I will be five nominees to be U.S. District
Court Judges: Joe Heaton (Oklahoma), Clay Land (Georgia),
Frederick Martone (Arizona), Danny Reeves (Kentucky), and
Julie Robinson (Kansas). Panel II will be James
Rogan, the nominee to be Director of the U.S. Patent and Trademark Office
(USPTO). Sen. Dianne
Feinstein (D-CA) will preside. Location: Room 226, Dirksen
10:00 AM. The U.S.
International Trade Commission (USITC) will begin a Section 337 evidentiary
hearing regarding the importation of certain integrated
circuits. The complainants are United Microelectronics Corp.,
UMC Group (USA), and United Foundry Service, Inc. The
respondents are Silicon Integrated Systems Corp. and Silicon
Integrated Systems Corp. This investigation pertains to U.S.
Patents No. 5,559,352 and 6,117,345. See, Investigation
No. 337-TA-450. ALJ Sidney Harris will preside. Location:
Courtroom A, ITC Building, 500 E Street SW, Washington DC.
12:15 PM. The Federal
Communications Bar Association's (FCBA) Online
Communications Committee will host a brown bag lunch titled
"Broadband, When? -- the View from Earthlink". The
speaker will be Dave Baker, VP of Law & Public Policy at
Earthlink. RSVP to Scott
Blake Harris at sharris@
harriswiltshire.com. Location: Lampert & O'Connor, 5th
Floor, 1750 K Street, NW, Washington DC.
|Thursday, Nov 8
|9:30 AM. The Federal
Communications Commission (FCC) will hold a meeting to
consider five items: (1) a Report and Order concerning
reexamination the Commercial Mobile Radio Services (CMRS)
spectrum aggregation limits and the cellular cross interest
rule (WT Docket No. 01-14); (2) a Notice of Proposed Rule
Making (NPRM) concerning whether to undertake a comprehensive
examination of its rules and policies of local radio ownership
(MM Docket No. 00-244); (3) a Memorandum Opinion and Order on
Reconsideration concerning its periodic review of the progress
of the conversion to digital television (MM Docket No. 00-39);
(4) a NPRM concerning the establishment of national
performance measurements and standards for unbundled network
elements and interconnection (CC Docket Nos. 98-56, 98-147,
98-147, 96-98, and 98-141); and a Report and Order concerning
its policies, rules and requirements for Cable Landing
Licenses (IB Docket No. 00-106). See, FCC
notice. Location: Commission Meeting Room, FCC, 445 12th
Street, SW, Room TWC305, Washington DC.
10:00 AM. The House Financial
Services Committee's Oversight and Investigations
Subcommittee and the House
Ways and Means Committee's Social Security Subcommittee
will hold a joint hearing titled Preventing Identity Theft
by Terrorists and Criminals. Location: Room 2128, Rayburn
10:00 AM. The Senate
Judiciary Committee has scheduled an executive business
meeting. Room 226, Dirksen Building.
12:15 PM. The Federal
Communications Bar Association's (FCBA) Global Telecom
Development Committee will host a brown bag luncheon titled Telco
Privatization: the Role of International Financial
Institutions. The speakers will be David Satola (World
Bank Group) and Janet Hernandez (Coudert Bros.). RSVP to Kent Bressie.
Location: Wilkinson Barker
& Knauer, 2300 N Street, Suite 700, Washington DC.
2:00 PM. The House
Judiciary Committee's Subcommittee on Courts, the
Internet, and Intellectual Property will hold an oversight
hearing titled Intellectual Property Litigation.
Location: Room 2141, Rayburn Building.
|Friday, Nov 9
|8:30 AM - 1:30 PM. The American
Enterprise Institute (AEI) and the Brookings Institute will
jointly host a conference titled "Practical Steps to
Spectrum Markets". See, online registration
page. See, agenda at right. Location: Wohlstetter
Conference Center, Twelfth Floor, 1150 17th Street, NW,
• 8:30 AM. Breakfast address by Sen. Ron Wyden (D-OR).
• 9:00 AM. Panel I: "Enabling Bandwidth
Markets". The speakers will be Thomas Hazlett (AEI),
Gregory Rosston (Stanford), Michelle Farquhar (Hogan &
Hartson), Evan Kwerel (FCC), and John Williams (FCC).
• 10:45 AM. Panel II: "Unblocking Spectrum
Allocation". The speakers will be Mike Chartier (Intel),
Joe Mitola (Mitre), DeWayne Hendricks (Dandin Group), and
Giancarlo Ibarguen (Francisco Marroquin Univ.).
• 12:15 PM. Luncheon address by Nancy Victory (NTIA).
10:00 AM. The House Government Reform Committee's Government
Efficiency, Financial Management, and Intergovernmental
Relations Subcommittee will hold a hearing titled Have
Federal Agencies Failed to Protect Their Computer Systems?
Room 2154, Rayburn Building.