Oct. 31, 2000
8:00 AM ET.
Alert No. 53. |
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News Briefs |
10/30. Both Microsoft and
the DOJ
filed pleadings with the U.S. Court of Appeals (DCCir)
regarding the filing of amicus curiae briefs in the antitrust
appeal. Numerous individuals and entities have sought leave to file
amicus briefs, including:
Assoc. for Competitive
Technology (ACT).
Computing Technology Industry
Assoc. (CompTIA).
American Online (AOL).
Computer & Communications
Industry Assoc. (CCIA).
Lee Hollaar.
Carl Lundgren.
Laura Peterson.
ProComp.
Software & Information
Industry Assoc. (SIIA).
The Assoc. for Objective Law (TAFOL).
Center for the Moral Defense of Capitalism (CMDC).
The DOJ submitted a short response
stating that all should be allowed to file amicus briefs. Microsoft
argued in its response
that the joint motion of ACT and CompTIA to file a joint brief
should be granted. These groups are supportive of Microsoft. It
argued that the rest should only be allowed to submit one joint
brief. It also stated that CCIA and SIIA are groups dominated by
Microsoft competitors, while AOL is a Microsoft competitor whose
employees already testified at trial, and ProComp is "a trade
association founded in 1998 by Netscape and other Microsoft
competitors to provide lobbying and public relations support for the
governments assault on Microsoft." On Oct. 26, the Court
released a short order
[PDF] regarding responses to the many motions for leave to file
amicus curiae briefs.
10/30. Late on Monday Oct. 30 Bill Clinton vetoed the Treasury Dept.
appropriations bill. This bill includes the provision eliminating
the 3% tax on phones. This was an apparent retaliation for
the Congress not acceding to his demands that certain provisions be
added to the Labor and Health and Human Services appropriations
bill. Several key tax and appropriations and bills remain in
dispute, 30 days into the new fiscal year. Congress remains in
session, just one week before election day. Many tech related
provisions are attached to these bills. In addition, funding for
most of the agencies involved in tech related matters (including the
USPTO, NTIA, FCC, FTC, DOJ, and SEC) are included in the Commerce,
Justice and State departments appropriations bill, which the
Congress has passed, but Clinton has not signed. Earlier in the day
Clinton held a press conference to criticize Republicans. See, transcript.
10/30. The Copyright Office
of the Library of Congress published in the Federal Register final regulations
governing the adjustment of the royalty rates for the cable
statutory license. The Copyright Act, at 17 U.S.C. 111, creates
a statutory license for cable systems that retransmit to their
subscribers over the air broadcast signals. Royalty fees for this
license are calculated as percentages of a cable system's gross
receipts received from subscribers for receipt of broadcast signals.
See, Federal Register, Oct. 30, 2000, Vol. 65, No. 210, pages
64622-64623.
10/27. The FCC's Wireless Telecommunications Bureau
approved by MOO
the merger of TeleCorp
and Tritel.
The applications involved licenses for PCS and LMDS
spectrum. The Bureau denied a petition to deny filed by Nextel.
(WT Docket No. 00-130) See, FCC
release.
10/27. The Department of Justice
Antitrust Division concluded that Verizon "has not
provided sufficient evidence in support of its pending application
to provide long distance services in Massachusetts" and
"has not adequately addressed competitive concerns regarding
current and future access to lines for digital subscriber line
services (DSL)--lines used for high speed internet access."
See, DOJ
release. Verizon has filed a Section
271 petition with the FCC
requesting authority to provide long distance service in
Massachusetts.
10/25. The Association for
Competitive Technology (ACT) announced that Vince Sampson
is its new VP of Public Affairs. He replaces Allison Rosen.
10/26. The SEC announced that
the U.S. District Court (DHa) issued a permanent
injunction injunction on Oct. 23 against Robert Moore, individually
and dba The Kingdom of
Enenkio. The Kingdom, also know as Wake Island, offered
"war bonds" for sale on the Internet in connection with
its war for independence against the United States. The SEC asserted
that the Kingdom violated the antifraud and securities registration
provisions of the federal securities laws. Judge Susan Mollway
reserved the issue of disgorgement. 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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Today |
The FCC is holding a conference on telecom network security.
See, agenda.
The audio portion will be web
cast by the FCC.
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New Documents |
USCA:
order
requesting responses re amicus briefs, 10/30 (PDF, USCA).
MSFT:
response
re amicus briefs, 10/30 (HTML, MSFT).
DOJ:
response
re amicus briefs, 10/30 (HTML, DOJ).
CO:
regulations
re royalty rates for cable statutory license, 10/30 (TXT, FedReg).
BXA:
notice
of meeting of ISTAC re export restraints on information systems
technology, 10/30 (TXT, FedReg).
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New and Updated Sections |
Calendar
(updated daily).
News
from Around the Web (updated daily).
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Quotes of the Day |
"Once again the Republican leadership has let the whispers of
the special interests drown out the voices of the American
people."
Bill Clinton, just prior to vetoing the Treasury Dept.
appropriations bill.
"The most vicious thing we've run into in 32 years."
Sen. Ted Stevens (R-AK) on Clinton's veto of the Treasury
appropriations bill.
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