9/13. Peter Mandelson gave a speech in Washington DC on September 13, 2005,  titled "The Right Choices for the Doha Round". He advocated free trade, and advancing the Doha round of multilateral trade negotiations.

Mandelson is the EU Trade Commission. He spoke at a luncheon at the National Press Club.

He discussed at length why free trade is desirable. "Open markets are a precondition for growth, and growth is essential to economic development. Forget the doctrines of those who think poor countries can develop successfully behind protectionist walls. The only credible way forward is progressive liberalisation, domestically and internationally."

Moreover, Mandelson (at right) argued that regional trade agreements, and two party trade agreements, are not enough. "Could we obtain the same results by going down a different route of regional and bilateral trade agreements? My answer is: no. Bilateral and regional agreements can supplement the multilateral approach, but they cannot substitute for it. Doha is the big prize for the global economy and for the next big boost of poverty alleviation. For a very simple reason: because the multiplying power of market opening and multilateral disciplining of state aids and subsidies, undertaken by all nations together, cannot be matched any other way."

He also stated that "a successful conclusion to Doha would take forward the fundamental reshaping of the international division of labour, in which Europe and America can flourish as knowledge-based service and manufacturing economies, with manufacturing success based on leading edge innovation, top of the range products and niche specialisation."

Citing World Bank estimates, he said that "a feasible outcome for Doha could boost global incomes by 100 billion dollars a year."

Trade negotiators are working to reach agreement before the World Trade Organization (WTO) holds its Sixth WTO Ministerial Conference in Hong Kong, China, on December 13-18, 2005. See, WTO notice.

See also, piece by Patrick Ross titled "Free Trade: The EU Perspective" in the Progress and Freedom Foundation's (PFF) IPCentral web site.

9/14. President Bush gave a speech at the United Nations, in New York City, in which he said that "we must bring the Doha trade talks to a successful conclusion". He also proposed the elimination of "all tariffs, subsidies and other barriers to free flow of goods and services".

He said that "A successful Doha Round will reduce and eliminate tariffs and other barriers on farm and industrial goods. It will end unfair agricultural subsidies. It will open up global markets for services. Under Doha, every nation will gain, and the developing world stands to gain the most. Historically, developing nations that open themselves up to trade grow at several times the rate of other countries. The elimination of trade barriers could lift hundreds of millions of people out of poverty over the next 15 years. The stakes are high. The lives and futures of millions of the world's poorest citizens hang in the balance -- and so we must bring the Doha trade talks to a successful conclusion."

He continued that "Today, I reiterate the challenge I have made before: We must work together in the Doha negotiations to eliminate agricultural subsidies that distort trade and stunt development, and to eliminate tariffs and other barriers to open markets for farmers around the world. Today I broaden the challenge by making this pledge: The United States is ready to eliminate all tariffs, subsidies and other barriers to free flow of goods and services as other nations do the same. This is key to overcoming poverty in the world's poorest nations."

Bush also argued that free trade does more than increase income and promote economic development. He said that "By expanding trade, we spread hope and opportunity to the corners of the world, and we strike a blow against the terrorists who feed on anger and resentment. Our agenda for freer trade is part of our agenda for a freer world, where people can live and worship and raise their children as they choose."

9/13. The U.S. Chamber of Commerce released a report [53 pages in PDF] titled "China’s WTO Implementation and Other Issues of Importance to American Business in the U.S.-China Commercial Relationship".

Intellectual Property. The report addresses the People's Republic of China's failure to protect intellectual property rights. (See, report at pages 16-22.) It states that "China fails on the whole to accord to companies of all sizes IPR protection that meets the standards of ``effectiveness´´ and ``deterrence´´ set forth in the WTO Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement."

It adds that "The scale of counterfeiting and piracy appears to have increased during the last few years, notwithstanding the government’s attempts to improve the situation, and recently introduced measures to address the issue appear inadequate to bring the problem under control."

The report also contains many recommendations, including several pertaining to software and online piracy. For example, it states that "China needs to ensure market access for and dramatically increase purchase of foreign IP-based products that are now being used illegally. For example, China needs to ensure that its government procurement market for software remains open, nondiscriminatory and technology neutral. To fulfill its commitment at the JCCT to ensure the use of legal software at central, provincial, and municipal levels of the state-owned sector by the end of 2005, China must commit adequate software procurement budgets to government agencies. Absent sufficient funds to purchase legal software, piracy will continue. Likewise, China’s July 2005 JCCT commitment to extend software legalization to large enterprises, including state-owned enterprises, is important, and China needs to commit adequate resources to auditing and enforcement."

The report states that "Internet piracy has emerged as a major challenge in China. In addition to online infringers continuing to use the Internet to distribute a wide range of illegal products that violate copyright protections, including films, audio recordings, and books, piracy of broadcast signals and the underlying content incorporated into broadcasts is a growing problem. China is encouraged to accelerate ongoing efforts to update its Copyright Law and accede to the WIPO Internet treaties, namely the WPPT and the WCT, thereby complying with its commitments made during the JCCT meetings in 2004 and 2005."

Telecom. The report also addresses China's failure to comply with its WTO obligations regarding telecommunications. (See, report at pages 56-57.) It states that "China has taken no meaningful action in the past year toward meeting its telecom commitments and continues to retain barriers to market entry. Under its WTO schedule, all geographic restrictions on value-added service (VAS) licenses were lifted last December, followed by the availability of basic telecommunications service licenses in the major cities of Beijing, Shanghai, and Guangzhou."

In continues that "Notwithstanding this threshold liberalization, there has been no rush by foreign carriers to enter the world's largest and fastest-growing telecom market because several barriers remain in the licensing process and general regulatory framework. The most important barriers are the requirement to enter a telecom joint venture with one of the existing state-owned telecommunications carriers; the excessive capitalization requirements for basic service licenses; the uncommonly narrow scope of service permissible under a VAS license; and the lengthy and labyrinthine license application process."

9/13. A trial court of the state of Washington issued a Preliminary Injunction [13 pages in PDF] in Microsoft v. Kai-Fu Lee and Google. Until trial, Kai-Fu Lee and Google are enjoined from engaging in certain activities.

Microsoft filed its complaint in the Superior Court, King County, Washington, on July 19, 2005, alleging that Kai-Fu Lee, a former employee, breached his employee confidentiality and non-compete agreement with Microsoft, by going to work for Google on competing projects. See, story titled "Microsoft Sues Former Employee Who Joined Google" in TLJ Daily E-Mail Alert No. 1,178, July 20, 2005.

Microsoft filed its motion for a preliminary injunction [redacted, 26 pages in PDF] on August 22. The Court held a hearing on September 6-7. See, story titled "Court Holds Hearing on Microsoft's Motion for Preliminary Injunction Against Google" in TLJ Daily E-Mail Alert No. 1,210, September 9, 2005.

The Court found that there is a confidentiality and non-compete agreement, but left open for trial the question of whether there was consideration for the contract.

The Court found that "In June of 2005, Dr. Lee misled Microsoft about his intention to return to Microsoft following his sabbatical and he continued to have access to Microsoft's proprietary information after he decided to leave Microsoft to join one of its competitors without informing Microsoft. Dr. Lee began assisting Google while he was still employed at Microsoft. Dr. Lee confused the difference between the discretion given him to disclose Microsoft's confidential information for the benefit of Microsoft and disclosing Microsoft's confidential information for his own benefit or the benefit of others."

The Court also found that "During his employment with Microsoft, Dr. Lee worked on products, services or project (including actual or demonstrably anticipated research or development) and/or received Microsoft confidential, proprietary or trade secret information in the areas of computer search, including but not limited to, internet search, desktop search, desktop search and mobile search, and natural language processing and speech technologies."

The Court decided Kai-Fu Lee "is enjoined from accepting employment competitive with or engaging in any activities competitive with any product, service or project (including actual or demonstrably anticipated research or development) on which he worked or about which he learned confidential or proprietary information or trade secrets while employed at Microsoft, including but not limited to activities related to:
  (a) computer search technologies, including but not limited to internet search, desktop search, or mobile search;
  (b) natural language processing or speech technologies; and
  (c) participation in setting the budget or compensation levels and defining the research and development to be undertaken at Google's planned research and development facility in China.

Similarly, Google is enjoined from employing Kai-Fu Lee for any of these activities.

Moreover, both Lee and Google are enjoined "from disclosing or misappropriating for their own use or benefit, any trade secrets or other confidential or proprietary information of Microsoft obtained in connection with Dr. Lee's work for Microsoft."

This case is Microsoft Corporation v. Kai-Fu Lee and Google, Inc., Superior Court for the State of Washington in and for King County, No. 05-2-23561-6 SEA, Judge Steven Gonzalez presiding.

Tech Law Journal publishes a free access web site and subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year. However, there are discounts for subscribers with multiple recipients. Free one month trial subscriptions are available. Also, free subscriptions are available for journalists, federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until one month after writing. See, subscription information page.

Contact: 202-364-8882.
P.O. Box 4851, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998 - 2005 David Carney, dba Tech Law Journal. All rights reserved.

The House will meet at 10:00 AM for legislative business. The agenda includes no technology related items. See, Republican Whip Notice.

The Senate will meet at 9:30 AM. It will resume consideration of HR 2862, the Commerce, Justice, Science Appropriations bill.

8:30 AM - 12:00 NOON. Day three of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, August 23, 2005, Vol. 70, No. 162, at Page 49257. Location: Doubletree Hotel and Executive Meeting Center, 1750 Rockville Pike, Rockville, MD.

8:30 AM - 3:00 PM. The Chamber of Commerce will host an event titled "No More Excuses: Business and Health Information Technology". The speakers will include for Rep. Newt Gingrich (R-GA) and Rep. Patrick Kennedy (D-RI). See, notice. The price to attend range from free to $145. Location: US Chamber, 1615 H Street, NW.

9:00 AM. The National Institute of Standards and Technology's (NIST) Judges Panel of the Malcolm Baldrige National Quality Award will meet. This meeting is closed to the public. See, notice in the August 23, 2005, Vol. 70, No. 162, at Pages 49257 - 49258. Location: NIST, Administration Building, Lecture Room D, Gaithersburg, MD.

9:00 AM - 1:00 PM. The High Tech DTV Coalition will host a demonstration of digital to analog converter boxes. The participating companies will be Zoran, Motorola, Thomson-RCA, Alcatel, Aloha Partners, AT&T, Cisco Systems, Dell, IBM, Intel, Microsoft, Qualcomm, Texas Instruments, and T-Mobile. For more information, contact Mary Greczyn at 202 371-2997 or John Alden at 202 371-6793. Location: Room 2322, Rayburn Building, Capitol Hill.

TIME CHANGE. 9:00 AM - 5:30 PM. The Senate Judiciary Committee will continue its hearing on the nomination of Judge John Roberts to be Chief Justice of the United States. The revised agenda provides for further questioning by Senators in the morning, and hearing all six of the panels outside witnesses in the afternoon and evening. If the Committee follows its agenda, then the fifth panel, which includes technology law professors Christopher Yoo and Patricia Bellia, would begin at about 4:00 PM. See, witness list, and story titled "Tech Lawyers Scheduled to Testify at Roberts Confirmation Hearing" in TLJ Daily E-Mail Alert No. 1,206, September 2, 2005. Location: Room 216, Hart Building.

TIME AND LOCATION CHANGE. 11:00 AM. The Federal Communications Commission (FCC) will hold a meeting. See, agenda and notice [PDF] of change of location. The event will be webcast by the FCC. Location: BellSouth Midtown I Building, 4th Floor, 754 Peachtree Street, Atlanta, Georgia.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will hold a hearing titled "Cybersecurity: How Can the Government Help Address Vulnerabilities in Critical Industries?" The witnesses will be Donald "Andy" Purdy (Acting Director of the Department of Homeland Security's National Cyber Security Division), David Kepler (Dow Chemical), John Leggate (BP), and Gerald Freese (American Electric Power). The hearing will be webcast by the HSC. Press contacts: Elizabeth Grossman (Republicans) at 202 225-7858 and Jim Wilson (Democrats) at 202 225-6375. Location: Room 2318 Rayburn Building.

10:00 AM. The House Judiciary Committee's Subcommittee on Immigration, Border Security, and Claims will hold a partially closed hearing titled "Sources and Methods of Foreign Nationals Engaged in Economic and Military Espionage". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Banking Committee will hold a hearing on numerous pending nominations, including those of David McCormick (to be Under Secretary of Commerce for Export Administration), Darryl Jackson (to be Assistant Secretary of Commerce), and Franklin Lavin (to be Under Secretary of Commerce for International Trade). See, notice. See also, story titled "Bush Nominates McCormick and Jackson for Export Control Office" in TLJ Daily E-Mail Alert No. 1,165, June 30, 2005. Location: Room 538, Dirksen Building.

10:00 AM. The House Homeland Security Committee's Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment will host an event titled "Open Source Intelligence Technology and Policy Fair". Location: Rayburn Foyer.

10:30 AM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing on the nominations of Stewart Baker and Julie Myers to be an Assistant Secretaries of Homeland Security. See, notice. See also, story titled "Bush Picks Stewart Baker for DHS Policy Position" in TLJ Daily E-Mail Alert No. 1,174, July 14, 2005. Location: Room 342, Dirksen Building.

12:00 NOON - 1:30 PM. The DC Bar Association will host a brown bag lunch titled "50 Hot Technology Tips And Web Sites: What Lawyers Should Know". The price to attend ranges from $15-$25. For more information, call 202-626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

12:30 - 2:00 PM. The Forum on Technology and Innovation will host a luncheon briefing titled "Basic Research -- The Foundation of the Innovation Economy". See, notice. Location: Room 902, Hart Building, Capitol Hill.

POSTPONED. 1:30 PM. The House International Relations Committee's Subcommittee on Oversight and Investigations will hold a hearing titled "Broadcasting Board of Governors and the Middle East Broadcasting Network". See, notice. Location: Room 2172, Rayburn Building.

1:00 PM. The House Judiciary Committee's Subcommittee on Immigration, Border Security, and Claims will hold a partially closed hearing titled "Sources and Methods of Foreign Nationals Engaged in Economic and Military Espionage". The hearing will be closed from 1:00 - 1:30 PM. The remainder will be open to the public. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

2:00 - 5:00 PM. The Department of State (DOS) will host a meeting to hear public comment on the possible expansion of the mandate of the International Mobile Satellite Organization (IMSO) to include new oversight and regulatory responsibilities. See, notice in the Federal Register, September 7, 2005, Vol. 70, No. 172, at Page 53267. See also, the DOS's IMSO web page. Location: DOS, 2201 C St. NW.

The House may meet at 9:00 AM. See, Republican Whip Notice.

9:30 AM. The Senate Judiciary Committee will continue its hearing on the nomination of Judge John Roberts to be Chief Justice of the United States. Location: Room 216, Hart Building.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Kidd Communications v. FCC, No. 04-1274. Judges Garland, Silberman and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

9:30 AM - 12:45 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Supreme Court Review and Preview 2005". The speakers will be Judge Richard Roberts (U.S. District Court for the District of Columbia), Beth Brinkmann (Morrison & Foerster), Michael Dreeben (Office of the Solicitor General), and Thomas Goldstein (Goldstein Howe). The price to attend ranges from $80-$125. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "Protecting Property Rights After Kelo". See, notice. The hearing will be webcast by the HCC. Press contact: Larry Neal at 202 225-5735. Location: Room 2123, Rayburn Building.

Deadline to submit comments to the Office of Federal Financial Management (OFFM) in the Office of Management and Budget (OMB) regarding the use of multiple principal investigators (PIs) on awards made under federal research and research related programs. See, notice in the Federal Register, July 18, 2005, Vol. 70, No. 136, at Page 41220 - 41222.

Deadline to submit reply comments to the Interim Chief Copyright Royalty Judge in response to the request for further comments regarding rules for the delivery and format of records of use of sound recordings for statutory licenses under 17 U.S.C. § 112 and 17 U.S.C. § 114. The Interim Chief Copyright Royalty Judge, on behalf of the Copyright Royalty Board, issued the notice of proposed rulemaking (NPRM) on April 27, 2005. The Board has received comments, which reflected sharp divisions among the parties. It now poses further questions. See, notice in the Federal Register, Vol. 70, No. 143, at Pages 43364 - 43368.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to the Public Notice [27 pages in PDF] of August 17, 2005, regarding four proposals (which are attached to the Public Notice) submitted to the FCC by members and staff of the FCC's Federal-State Joint Board on Universal Service regarding universal service subsidies for rural carriers. One of these proposals also proposes expanding the services that are taxed to support universal service subsidies. (See, Public Notice, at page 18.)

2:30 PM. The Senate Foreign Relations Committee will hold a hearing on the nomination of Boyden Gray to be the US Representative to the European Union. Location: See, notice. Room 419, Dirksen Building.

9:00 AM. The President's Council of Advisors on Science and Technology (PCAST) will meet. The agenda includes an update on nanotechnology. See, notice in the Federal Register, September 6, 2005, Vol. 70, No. 171, at Pages 53029 - 53030. Location: Room 100, National Academies Keck Center, 500 5th St., NW.

9:30 AM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet. See, notice in the Federal Register, August 31, 2005, Vol. 70, No. 168, at Page 51814. Location: FCC, 445 12th St., SW., Room TW-305.

10:00 AM. The Senate Banking Committee will hold a hearing on several nominations, including Emil Henry (to be Assistant Secretary for Financial Institutions at the Department of the Treasury), and Patrick O’Brien (to be Assistant Secretary for Terrorist Financing at the Department of the Treasury). See, notice. Location: Room 538, Dirksen Building.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Ten Ways to Protect Intellectual Property When Drafting E-Commerce Agreements". The speaker will be Walter Effross (American University law school). The price to attend ranges from $80-$125. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

RESCHEDULED FROM SEPTEMBER 14? 9:30 AM. The Senate Judiciary Committee may hold a hearing titled "Able Danger and Intelligence Information Sharing". This involves data mining. Press contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

10:00 AM - 1:00 PM. The Federal Communications Commission's (FCC) Network Reliability and Interoperability Council (NRIC) will meet. See, notice in the Federal Register, August 31, 2005, Vol. 70, No. 168, at Page 51814. Location: FCC, 445 12th St., SW., Room TW-305.

10:30 AM - 1:30 PM. The Progress and Freedom Foundation (PFF) will host an event titled "Net Neutrality or Net Neutering in a Post- Brand X World: Self-Regulation, Policy Principles, and Legal Mandates in the Broadband Marketplace". The speakers will include Tom Tauke (Verizon), Randolph May (PFF), Peter Pitsch (Intel), Dan Brenner (National Cable and Telecommunications Association), Gigi Sohn (Public Knowledge), David McClure (U.S. Internet Industry Association), and Adam Thierer (PFF). Lunch will be served. See, notice and registration pages. Location: Capital Hilton, 1001 16th Street, NW.

12:00 NOON -1:30 PM. The Federal Communications Bar Association's (FCBA) International Practice Committee will host a brown bag lunch. The topic will be Mobile Satellite Services/Ancillary Terrestial Component (MSS/ATC). The speakers will be Anna Gomez (Deputy Chief of the FCC's International Bureau), Howard Griboff (FCC International Bureau), Jennifer Manner (VP Regulatory Affairs of Mobile Satellite Ventures), and Tim Farrar (Telecom, Media and Finance Associates, Inc.). No RSVP requested. Location: Hogan & Hartson, 555 13th St., NW, 13th Floor.

12:00 NOON - 1:15 PM. The DC Bar Association will host a seminar titled "Current Topics in Patent Law: Interference Practice and Patent Reform". The speaker will be Charles Gholz (Oblon Spivak McClelland Maier & Neustadt). The price to attend ranges from $10-$30. For more information, call 202-626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

6:30 - 8:30 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Happy Hour". Location: 14K Restaurant at the Hamilton Crowne Plaza Hotel, 14th and K Streets, NW.

EXTENDED FROM AUGUST 22. Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to it notice of proposed rulemaking (NPRM) regarding low power FM rules. The FCC adopted its order and NPRM on March 16, 2005, and released it on March 17, 2005. It is FCC 05-75 in MM Docket No. 99-25. See, original notice in the Federal Register, July 7, 2005, Vol. 70, No. 129, at Pages 39217 - 39227. See also, FCC notice [PDF] extending the deadlines.

9:00 AM - 1:00 PM. The Department of Homeland Security's (DHS) Transportation Security Administration's (TSA) Aviation Security Advisory Committee (ASAC) will meet. The agenda includes "final report and recommendations of the Secure Flight Privacy/IT Working Group". See, notice in the Federal Register, September 1, 2005, Vol. 70, No. 169, at Page 52119. Location: Residence Inn by Marriott, Pentagon City, 550 Army Navy Drive, Arlington, VA.

RESCHEDULED FROM SEPTEMBER 13. 10:00 AM. The Senate Banking Committee will hold a hearing on "the financial services industry's responsibilities and role in preventing identity theft and protecting sensitive financial information". See, notice. Location: Room 538, Dirksen Building.

10:00 AM. The President's Export Council Subcommittee on Export Administration (PECSEA) will meet. See, notice in the Federal Register, July 21, 2005, Vol. 70, No. 139, at Pages 42027 - 42028. Location: Room 4832, Department of Commerce, 14th Street between Pennsylvania and Constitution Avenues, NW.

5:00 - 7:00 PM. William Baumol will give a lecture titled "How Regulators Can Be Misled By Simplistic Theory". He is the author of, among other works, the book titled "The Free Market Innovation Machine" [Amazon]. The event is hosted by the AEI Brookings Joint Center for Regulatory Studies. See, notice. Location: American Enterprise Institute, 12th floor, 1150 17th St., NW.

EXTENDED FROM SEPTEMBER 1. Extended deadline to submit reply comments to the Copyright Office regarding its first report to the Congress required by the Satellite Home Viewer Extension and Reauthorization Act of 2004. See, original notice in the Federal Register, July 7, 2005, Vol. 70, No. 129, at Pages 39343 - 39345. See also, notice extending deadlines in the Federal Register, August 15, 2005, Vol. 70, No. 156, at Page 47857.