FTC Halts Deceptive Ads of Juno and Gateway 5/15. The Federal Trade Commission
(FTC) filed, and simultaneously settled, two administrative complaints alleging
deceptive advertising practices in the marketing of Internet access services by Juno Online Services and Gateway. The FTC alleged that various acts of
Juno and Gateway constituted unfair or deceptive acts or practices in or
affecting commerce in violation of § 5(a) of the Federal Trade Commission
Act. In particular, both companies advertised as "free" services that
were not in fact free. Both companies agreed to stop misrepresenting the prices
of their services.
The FTC filed an administrative
complaint [PDF] against Juno alleging that it misrepresented that consumers
who participated in its free trial offers for its Premium Internet service would
be able to cancel at any time before the free trial period ended and incur no
charges if they were not satisfied. The FTC and Juno simultaneously settled the
matter, with Juno agreeing to stop misrepresenting the price of its Internet
services, to clearly and conspicuously disclose the cancellation terms for these
services, and to provide adequate customer support to handle consumer requests
to cancel. The proposed settlement also requires Juno to reimburse certain
former subscribers for long distance telephone charges they incurred to use its
services. See, Agreement
Containing Consent Order [PDF]. See also, FTC release.
The FTC filed a separate administrative
complaint against Gateway alleging that it misrepresented that it provided
one year of free service with Gateway.net Internet access. The FTC and Gateway
settled the matter, with Gateway agreeing to stop misrepresenting the price of
its Internet services. See, Agreement Containing
Consent Order.
Jodie Bernstein, Director of the FTC's Bureau of Consumer Protection, had this
to say: "Free Internet access often turned out too good to be true for many
consumers, a fact made clear by a significant volume of complaints by consumers
to the FTC. Hidden fees often lurked in minuscule fine print tucked away at the
end of ads or service agreements. Today's agreement will help make sure more
consumers don't get taken for a ride on the Internet highway when it comes to
the true cost of Internet access." See, release.
The Commission voted 5-0 to proceed with both of these complaints. The
settlement agreements will be subject to public comment, after which the
Commission will decide whether to make them final. It very likely will approve
them.
Financial Privacy
5/15. The Free Congress Foundation
and other groups wrote a letter to Treasury
Secretary Paul O'Neill regarding OECD
and FATF
violations of financial privacy. The letter states that the "current
proposals of OECD and FATF attempt to institute the popularly rejected 'Know
Your Customer' financial regulation, thereby sidestepping the domestic
legislative process. We are concerned about the attempt to get Know Your
Customer adopted as an international 'best practice' under the guise of
increasing transparency." The letter concludes, "Our modern economy
requires a liberal capital policy that engenders the consumer trust that comes
with respect for privacy. We strongly urge you to make a clear statement
instituting policies that respect financial privacy and that the Treasury
Department opposes the type of reporting requirements being advanced by the OECD
and FATF."
ICANN
5/15. Rep. John Dingell (D-MI) wrote
a letter
to Commerce Secretary Donald Evans regarding the new agreement negotiated by the
ICANN and VeriSign. Dingell stated that "The
agreement incorporates a most unusual technique for encouraging competition. It
awards VeriSign, the current $500-million, monopoly registry and holder of the
most popular dot-com domain name, advantages in the registry renewal process and
in terms, pricing, dispute resolution and many other contract provisions that
the newer, much smaller registries will not have." On May 14, Ted Kassinger,
General Counsel of the Commerce Department,
which must approve the agreement, released a statement
in which he said that "The Department of Commerce has been reviewing the
VeriSign-ICANN (Internet Corporation for Assigned Names and Numbers) proposal.
We have communicated our general thinking, are pleased with the progress, and
are confident an agreement can be reached in the near term."
Software Defined Radio 5/15. Intel submitted a reply
comment to the FCC in its proceeding regarding software defined radio. Intel
recommended that "SDR rules (1) distinguish between radio control and user
application software and not impose certification requirements on user
application software and (2) permit a manufacturer to create an open SDR
platform that would enable third parties to develop innovative programs that
optimize RF parameters of the radio and seek certification as a Class III
permissive change on their own. Experience in both the wireless and wired
industries demonstrates the workability and benefit of market solutions that
maintain network integration and foster the development of innovative
products." (See, In the Matter of Authorization and Use of Software Defined
Radio, ET Docket No. 00-47).
Privacy News 5/15. Rep. Dick Armey (R-TX)
wrote a letter
to Secretary Tommy Thompson requesting that the Department
of Health and Human Services halt its ongoing plans to mandate a
"unique health identifier for individuals". Armey stated in his letter
that the plan is illegal under legislation passed in 1998. (See, Public Law
106-554, 106th Congress.) He also stated that the plan would threaten the
privacy of individuals' medical records. Armey wrote: "Imagine the
implications for personal privacy if everyone had a government- issued medical
ID number and the government had an unfettered search- and- seizure power over
private medical records. That unfettered search- and- seizure power is currently
poised to become law, thanks to the Clinton privacy regulations that are being
finalized right now. The addition of a universal identifier would make that
power all the more troubling."
5/15. Microsoft announced its intent to
sign the Safe Harbor Agreement of the EU data directive. See, release.
Trade and Fast Track 5/15. Rep. Marcy Kaptur
(D-OH), a leading protectionist in the House, gave an speech in the House in
which she criticized President Bush's request for "fast track," now
also called "trade promotion authority." She stated that Bush
"knows that Congress has repeatedly rejected Fast Track, most recently in
1998. He also knows that he does not have the support or votes in this Congress
to pass this misguided approach. ... Without congressional oversight and input,
trade agreements will be negotiated by unrepresentative delegates, who were
never elected, standing up for the rights of international corporations, instead
of our hardworking constituents, not to mention that a thing called the
Constitution of the United States grants to Congress the right to regulate
commerce with foreign nations."
ICANN & New TLDs 5/15. The ICANN finalized
accreditation agreements with the new .biz and .info top-level domain (TLD)
registries. The registry operators, NeuLevel for .biz and Afilias for .info,
were among seven registry operators for new TLDs selected by the ICANN Board of
Directors in November of 2000. Both agreements provide for a multi step launch
process, which allows trademark holders to submit trademark claims before the
application process is opened. See, ICANN release.
U.S. Department of Commerce General Counsel Ted Kassinger stated that ".biz
and .info will offer consumer choice, provide our entrepreneurs with new avenues
to pursue their ideas and are a welcome addition to the domain name marketplace.
We congratulate ICANN on this latest progress in introducing competition
consistent with maintaining Internet stability." See, DOC release.
Personal Jurisdiction in Patent Case 5/15. The U.S.
Court of Appeals (FedCir) issued its opinion in Inamed
v. Kuzmak, a case involving personal jurisdiction in a patent
case. Plaintiffs filed a complaint for declaratory relief pertaining to four
patents against defendant Kuzmak in the U.S. District Court for the Central
District of California (Los Angeles). Kuzmak, who registered the patents,
resides in New Jersey. The plaintiffs are all corporations with their principal
places of business in California. The District Court dismissed for lack of
personal jurisdiction over the defendant. The Appeals Court reversed. Kuzmak had
written an infringement letter to an attorney in New York who was the registered
agent for a corporation that is a resident of California, and had negotiated
license agreements and received royalty payments that were based on the
manufacture of goods by a plaintiff in California; hence, he satisfied the
minimum contacts requirements of International Shoe and its prodigy.
Draft Convention on Jurisdiction and Foreign Judgments 5/15. The U.S. Copyright
Office held a public roundtable discussion on the intellectual property
aspects of the preliminary
draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial
Matters being negotiated by the Hague
Conference on Private International Law. The draft Convention would create
jurisdictional rules governing international lawsuits and provide for
recognition and enforcement of judgments by the courts of member states. Member
states would be required to recognize and enforce judgments covered by the
Convention if the jurisdiction in the court rendering the judgment is founded on
one of the bases of jurisdiction required by the Convention. The first part of a
Diplomatic Conference is planned for June 2001, and the second part will be held
in 2002, in The Hague. See also, notice of meeting.
More Intellectual Property News 5/15. The Senate
Judiciary Committee postponed indefinitely its hearing on patents
relating to business methods and the Internet. This committee often
postpones matters.
5/15. DirecTV released a statement
regarding a complaint that it filed on March 15 in U.S. District Court (CDCal)
against 80 individuals alleging trafficking in illegal signal theft equipment.
DirecTV, which is a unit of Hughes Electronics
Corp., is a satellite television provider.
New Bills
5/15. Rep. Jerry Weller (R-IL) and 20
other Representatives introduced HR 1835, a bill
to amend the Internal Revenue Code of 1986 to exclude from gross income
computers and Internet access provided by an employer for the personal use of
employees. The bill was referred to the House
Ways and Means Committee, of which Rep. Weller is a member.
5/15. Rep. Barney Frank (D-MA) and Rep. Jim McGovern (D-MA) introduced HR 1842, the
Cable Consumer Rights Act of 2001, a bill to reinstate the authority of the FCC
and local franchising authorities to regulate the rates for cable TV service.
The bill was referred to the House
Commerce Committee, where it is unlikely to see any action. Rep. Frank said
this: "After 5 years of de-regulation we have learned that the problem was
not too much FCC action, but too little." See, Frank release. The bill
would repeal Subsection (b) of Section 301 of the Telecommunications Act of
1996.
5/15. Rep. Felix Grucci (R-NY)
introduced HR 1846, a bill to amend Section
254 of the Communications Act of 1934 to require schools and libraries
receiving e-rate subsidies to block access to Internet services that enable
users to access the web and transfer e-mail in an anonymous manner. It was
referred to the House Commerce
Committee.
5/15. Rep. Nancy Johnson
(R-CT), Rep. Bob Matsui (D-CA), and Rep. Pete Sessions (R-TX) introduced
HR 1848, a bill to amend the Internal Revenue Code of 1986 to more accurately
codify the depreciable life of semiconductor manufacturing equipment. The bill
was referred to the House Ways and
Means Committee; Johnson and Matsui are both senior members of the
Committee.
More News 5/15. The Senate Banking
Committee met and voted on the nomination of James Jochum to be
Assistant Secretary of Commerce for Export Administration. He was unanimously
approved. There was no debate or discussion.
5/15. The GAO wrote a letter [PDF] to Rep. Steve Buyer (R-IN), Chairman of the House Veterans' Affairs Committee's Subcommittee on Oversight and Investigations, regarding
information technology practices at the Veterans'
Administration. The letter responds to questions from Rep. Buyer regarding
the VA's lack of a Chief Information Officer, security weaknesses at the VA, the
VA's lack of an integrated department wide enterprise architecture, and capital
investment in information technology at the VA.
5/15. The House Judiciary Committee's
Subcommittee on Immigration and Claims held a hearing on the Immigration and Naturalization Service (INS) and
the Executive Office for Immigration Review
(EOIR). See, prepared testimony of witnesses: Roy Beck (Numbers
USA), Kevin Rooney
(INS), Thomas Wenski
(National Conference of Catholic Bishops).
5/15. Bart Greenberg joined the Orange County office of the law firm of Preston Gates & Ellis as a partner.
He was previously with Riordan & McKinzie.
His practice focuses on mergers and acquisitions and debt and equity financings,
including in the information technology industry. He also handles licensing of
software and other products and technologies, as well as the leasing of
facilities for cellular and other communications purposes. See, release.
5/15. The U.S. Court of Appeals (DC Cir)
heard oral argument in U.S. Cell Corp. v. FCC, Appeal No. 00-1072.
FCC General Counsel Appointments 5/14. FCC Chairman Michael Powell named Jane Mago and John Rogovin
to be the General Counsel and Deputy General Counsel of the FCC. Mago has
been with the FCC since 1978, and has been Acting General Counsel since the
departure of Bill Kennard's General Counsel, Chris Wright, in January. Prior to
that she was a Deputy Chief of the Enforcement
Bureau. She has held numerous other positions at the FCC, including Senior
Legal Advisor to then Commissioner Powell.
Rogovin was previously a partner in the telecommunications group in the
Washington DC office of the law firm of O'Melvany
& Myers. Prior to that, he was a Deputy Assistant Attorney General in
the Civil Division of the Reno Justice Department, where he supervised the
Federal Programs Branch. Among the functions of the Federal Programs Branch is
to assist and represent federal government departments that do not comply with
the Freedom of Information Act. Rogovin was also lead counsel in AAPS v. Hillary
Clinton, in which he defended the secret proceedings of Hillary Clinton's Health
Care Task Force.
The primary responsibilities of the Office of
General Counsel are to provide legal advice to the FCC, and to defend the
orders of the FCC. These are particularly important tasks at the FCC, for three
reasons. First, some of the language in the statutes conferring authority upon
the FCC is not drafted with clarity. Second, even when the statutory language is
clear, the FCC often issues orders which exceed or contravene its authority.
Finally, even when the statute is clear, and the FCC follows the statute,
aggressively litigious companies and groups regulated by the FCC still bring
legal challenges to its orders.
Enforcement Bureau Appointments 5/14. Linda Blair was appointed Associate Chief of the FCC's Enforcement Bureau; Lisa Fowlkes was
appointed Assistant Bureau Chief. Blair joined the FCC in 1988. She has
previously been Chief of the Mass Media Bureau's Audio Services Division.
Fowlkes was Legal Advisor to the Chief of the Enforcement Bureau on mass media
and other non-common carrier-related enforcement issues. Prior to joining the
Enforcement Bureau, she was an attorney in the Washington DC office of the law
firm of Verner Liipfert.
And before that, she worked at the FCC.
FCC Hires From Antitrust Division 5/14. William Spencer was appointed Deputy Managing Director
of the FCC. Previously, Spencer was Chief of the Budget and Fiscal Unit in the Antitrust Division of the Department of
Justice (DOJ). Chairman Powell was Chief of Staff of the Antitrust Division
prior to being appointed an FCC Commissioner. The FCC, under the Chairmanship of
Bill Kennard, and continuing with the Chairmanship of Michael Powell, assumes
that it has antitrust merger review authority, redundant of the statutory
authority held by the DOJ and FTC.
More FCC Appointments 5/14. Martha Johnston was appointed Director of the FCC's
Office of Legislative and Intergovernmental Affairs. She was previously
Associate Director for Public Affairs with the Association
of Trial Lawyers of America. Dane Snowden was appointed Chief of the
FCC's Consumer Information Bureau. She was previously a VP at MissionFish.com.
Patent Cases 5/14. The U.S.
Court of Appeals (FedCir) issued its opinion in Tegal
v. Tokyo Electron America, an appeal from a contempt order issued
for violation of an injunction in a patent infringement action. Tegal filed a complaint in U.S. District Court
(EDVa)
against Tokyo Electron America (TEA)
alleging infringement of its U.S.
Patent No. 4,464,223, which relates to plasma etching equipment that is used
in fabricating semiconductor chips. The District Court found that TEA had
willfully infringed the '223 patent, and issued an injunction against further
infringement. Tegal then alleged the TEA violated the injunction by facilitating
the infringing activity by a company that is a subsidiary of a subsidiary of
TEA's parent corporation. The District Court found that the injunction had been
violated, and issued the contempt order, which is the subject of this appeal.
The Appeals Court reversed, on the basis that there was no evidence that TEA had
violated the injunction. The Appeals Court reasoned that facilitation
"entails some affirmative act; it is not enough to show that TEA failed to
take steps to prevent its corporate affiliates from servicing the IEM etchers.
In the absence of a showing of control over another party, merely permitting
that party to commit infringing acts does not constitute infringement, and it
likewise cannot constitute 'facilitating infringing acts.' "
5/14. The U.S.
Court of Appeals (FedCir) issued its opinion in Biotec
Biologisch Naturverpackungen v. Biocorp and Novamont, a patent
infringement case. Biotec filed a complaint in U.S. District Court (CDCal)
against Biocorp and Novamont alleging infringement of its U.S. Patents Nos.
5,362,777 and 5,280,055, which pertain to biodegradable starch based products.
The District Court ruled on summary judgment that the patents are valid and
enforcable. The jury returned a verdict finding the defendants liable for
infringement or inducement of infringement, but not willful infringement.
Following final judgment, the defendants appealed, and plaintiff cross appealed
the finding of no willful infringement. The Appeals Court affirmed.
Copyright Term Extension 5/14. The Copyright Office
(CO) published final
rule changes in the Federal Register regarding extended renewal terms. The
CO is making technical amendments in the regulation regarding copyright renewal
to reflect the modification in duration of the extended renewal term from 47
years to 67 years as a result of the Sonny Bono Copyright Term
Extension Act. See, Federal Register, May 14, 2001, Vol. 66, No. 93, at
Pages 24267 - 24268. See also, PDF copy in CO
web site.
Online Undercover Investigations and Impossibility 5/14. The U.S.
Court of Appeals (5thCir) issued its opinion
in USA
v. Farner, a case rejecting the defenses of factual and legal impossibility
in a case involving use of the Internet to attempt to entice a minor to engage
in illegal sexual activity. Defendant Farner used e-mail and instant messaging
to solicit sez from an undercover FBI agent who represented to him that she was
14 years old. Farner believed the FBI agent to be 14 years old, and arranged a
meeting with her, where he was arrested. He was charged with violation of 18 U.S.C. § 2422(b).
He stipulated to evidence, and waived jury trial. The District Court found him
guilty. He moved for judgment of acquittal, based on the defense of
impossibility. The District Court ruled factual impossibility is not a defense
if the crime could have been committed had the attendant circumstances been as
the defendant believed them to be; and, the defendant thought the FBI agent was
14. The Appeals Court affirmed. It questioned whether factual and legal
impossibility are distinguishable, as well as the continuing viability of the
defense. However, the Appeals Court ruled that to overcome a defense of
impossibility there must be proof of two elements. First, the defendant acted
with the kind of culpability otherwise required for the commission of the
underlying substantive offense. Second, the defendant had engaged in conduct
which constitutes a substantial step toward commission of the crime.
A ruling for the defendant in this case would have undermined the FBI's Innocent Images program,
as well as other online undercover investigations. David Knowlton, Principal
Deputy Assistant Director of the FBI's Criminal Investigative Division testified
to the House Judiciary Committee's
Crime Subcommittee on July 13, 2000. He stated: "In 1995, the FBI began an
undercover investigation, code named 'Innocent Images,' focusing on persons who,
through the use of on-line computers, indicate a willingness to travel for the
purposes of engaging in sexual activity with a child and those persons who use
the Internet or other on-line services to disseminate original images of child
pornography ... Since 1995, the FBI has investigated more than 790 cases
involving persons traveling interstate to meet minors for the purposes of
engaging in illicit sexual relationships and more than 1850 cases involving
persons trading child pornography." See, prepared testimony.
Trade, New WTO Round, and Fast Track 5/14. Sen. Chuck Hagel (R-NE)
gave an speech in the Senate on trade in which he advocated free trade, granting
the President fast track trade negotiating authority, and launching a new round
of WTO negotiations. He also linked advancement of free trade to human rights
and stability. He stated: "Stability, security, economics, markets,
communications, trade, and investments are all interconnected. ... Trade binds
nations together in strategic and political alliances. Throughout history trade
and commerce have been key instruments that have helped break down totalitarian
governments and dictatorships, and opened the doors to democracy and higher
standards of living ... Trade and international investment have helped pave the
way for peace in many areas of the world. Trade and democracy are
interconnected. Trade and investment lead to political and economic
stability."
5/14. Commerce Secretary Donald Evans gave a speech
in Washington DC in which he advocated free trade, and fast track trade
promotion authority for the President.
Juster Sworn in at BXA
5/14. Kenneth Juster was sworn in as the Under Secretary of Commerce for
Export Administration. Juster was previously a partner in the Washington DC
office of the law firm of Arnold &
Porter, where he handled international trade and transactions, and
international arbitration and litigation. He worked for Lawrence Eagleburger at
the State Department during the administration of the elder Bush.
New Bills
5/14. Rep. Bill Barrett (D-WI)
introduced HR
1825, the Consumer Debit Card Protection Act, a bill to amend the Electronic
Fund Transfer Act to safeguard consumers in connection with the utilization of
certain debit cards. The bill was referred to the Financial Services Committee.
More News 5/14. The USPTO published in its web site
its FY 2000 USPTO
Annual Report.
5/14. The Supreme Court of the U.S. denied certiorari in Metro Communications
Co. v. Ameritech Corp., No. 00-1432. See, Order
List [PDF] for May 14, 2001, at page 4.
5/14. Negotiations continued on Monday between the U.S. Commerce Department,
VeriSign, and the ICANN over renewal of VeriSign's contract to manage the .com
and .net domains.
5/14. ICANN published
in its web site its Proposed
Budget -- Fiscal Year 2000-2001.
5/14. The U.S. Chamber of Commerce
promoted Michael Magán to VP and Deputy Chief of Staff in the Chamber's
Executive Office. See, release.
People and Appointments 5/11. Bryan Tramont will become Chief of Staff in the FCC's Wireless Telecommunications Bureau. He is
currently Senior Legal Advisor to FCC Commissioner Harold Furchtgott-Roth.
Previously, he was an associate in the Washington DC office of the law firm of Wiley Rein & Fielding. HFR will leave the FCC
as soon as the Senate confirms his replacement. The Senate Commerce Committee's
confirmation hearing is scheduled for Thursday, May 17. Katie King, who
is currently an Attorney Advisor in the Common Carrier Bureau, will be HFR's
Senior Legal Advisor with responsibility for wireless and international issues
for the short remainder of his tenure. See, HFR
release [PDF] and FCC
release.
Interactive TV NOI Comments 5/11. Friday, May 11, was the deadline to file reply comments with
the FCC in response to its Notice of
Inquiry (NOI) regarding cable open access. (See, In the Matter of
Nondiscrimination in the Distribution of Interactive Television Services Over
Cable, CS Docket No. 01-7.) The FCC's electronic
filing system contains 27 original comments and 7 reply comments.
AT&T submitted a reply
comment in which it requested the FCC to close the proceeding without
recommending any new regulations. It stated that interactive TV (ITV) is a
nascent industry, that there is no evidence of anti- competitive behavior, that
the First Amendment prohibits the regulation of ITV, and that concerns over
cable operators utilizing set-top boxes to discriminate against unaffiliated ITV
service providers are misplaced. See also, similar reply
comment submitted by the NCTA.
Three consumer groups (MAP, CU, and CFA) submitted a reply
comment that responded to the NCTA's original comment that argued that
regulation of ITV would violate the First Amendment.
Motorola submitted a reply
comment in which it argued that the FCC should not propose regulation of the
nascent ITV area and should allow this new technology to develop further before
determining whether any regulatory action is needed. It also argued that issues
relating to the retail availability of set-top equipment should be handled in
the in another FCC proceeding -- CS Docket 97-80.
Unused E-Rate Subsidies 5/11. The GAO released
a report [PDF] titled
"Schools and Libraries Program: Update on E-Rate Funding." The FCC
run e-rate program subsidizes schools' and libraries' expenses for
telecommunications, Internet access, and internal connections by taxing
telephone use. The FCC has fixed the subsidy level at $2.25 Billion per year.
The GAO report contains two findings. First, the total dollar amount of requests
for subsidies is now more than $2.25 Billion per year, and continues to grow.
Second, schools and libraries are not spending a significant portion of their
allotted subsidies. The GAO report states that "Data from January 2001
indicate that more than $880 million (24 percent) of the $3.7 billion committed
to applicants for the first 2 program years remains unused." The report
also found that "For the third program year (2000), the requests exceeded
$4.2 billion." The report was prepared at the request of the Senate Appropriations Committee's
Subcommittee on Commerce, Justice, State and the Judiciary. This subcommittee
has jurisdiction over the FCC budget. It ranking Democrat, Sen. Ernest Hollings (D-SC), is also the
ranking Democrat on the Senate Commerce Committee, which oversees the FCC.
ECPA and Privacy 5/11. The U.S.
Court of Appeals (6thCir) issued its opinion
in Adams
v. Battle Creek, a case involving the Electronic
Communications Privacy Act (ECPA). Adams is a police officer for the City of
Battle Creek Police Department. He was issued an alpha numeric pager by the
department. The department cloned his pager and monitored his messages. Adams
filed a complaint in the U.S. District Court (WDMich) alleging violation
of the ECPA, the Fourth Amendment search and seizure clauses, and various state
laws. On cross motions for summary judgment, the District Court ruled for Battle
Creek. The District Court held that the surreptitious monitoring fell within the
business use exception contained in the ECPA. It held that the Fourth Amendment
was not violated because Adams had no expectation of privacy. The Appeals Court
reversed, holding that the business use exception did not apply. Merritt wrote
the opinion for the three judge panel; Boggs joined; and Krupansky dissented.
NET Act 5/11. A trial jury of the U.S. District Court (NDIll) returned a verdict of
guilty against Christian Morley for violation of the No Electronic Theft Act
(NET Act). The NET Act, which was passed in 1997, amended copyright law to
facilitate prosecution of Internet based copyright infringement. Since then,
Justice Department prosecutions under the Act have been rare. While other
prosecutions have resulted in plea agreements, this was the first case in which
a jury convicted a defendant under the Act. See, BSA
release.
More News 5/11. The EU Commission approved Bertelsmann's acquisition of a
controlling interest in the RTL Group, a European TV and radio conglomerate.
See, Bertelsmann
release.