Aug. 21, 2000
8:00 AM ET.
Alert No. 2. |
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| News Briefs |
8/18. Napster, Inc., filed its
Opening Brief [216
KB PDF file] with the U.S.
Court of Appeals for the 9th Circuit in its music file copying
appeal, Napster Inc. v. A&M Records, et al., Case No. 00-16401.
Napster requests that the Appeals Court reverse and vacate the
District Court's preliminary injunction entered against it on July
26. See also, Napster
release.
8/18. The Bronx District
Attorney's Office, assisted by the Recording Industry Association of
America's (RIAA) Anti-piracy Unit, executed a search warrant in
the Bronx, NY. The DAs arrested Mouhamed Diallo and seized illegal
production devices and CDs. See, RIAA release. The
Bronx DA stated that "Diallo has been charged with 1 count of
Criminal Possession of a Forgery Device, a D Class Felony carrying a
maximum term of up to 7 years imprisonment. Additional charges
include 1 count of Trademark Counterfeiting in the 2nd degree, and 1
count of Failure to Disclose the Origin of a Recording in the 1st
degree. Both are E Class Felonies carrying a maximum sentence of up
to 4 years imprisonment for each count." See, Bronx
DA release.
8/17. Thomas McLaughlin, President of the Houston based Net Help
Solutions, and others, filed a complaint in state court in Corpus
Christi, TX against SBC Communications
and its subsidiaries, alleging that defendants provide DSL
service at less than their minimum guaranteed speed. Plaintiffs seek
class
action status.
8/15. The SEC filed a civil
complaint against Merger
Communications, Inc. and its two owners, Jukka Tolonen and David
Drake of Houston TX. The complaint alleges that Merger distributed
press releases and other communications via the Internet touting
numerous OTC and NASDAQ stocks without properly disclosing that the
companies compensated them, in violation of Section 17(b) of the
Securities Act of 1933. See, SEC release.
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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| Quote of the Day |
"Moreover, while the injunction unquestionably has disastrous
consequences to Napster, it does Plaintiffs very little good. The
unrebutted record shows that peer-to-peer sharing of music files
will continue irrespective of Napster, through alternatives such as
Gnutella, AOL, Napigator and other Internet portals and search
engines."
David Boies and Daniel Johnson (from their Opening Brief for the
U.S. Court of Appeals for the Ninth Circuit in the Napster case).
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