| New TLJ Stories |
Microsoft and Amici File Briefs
with Court of Appeals. Microsoft, and two technology trade
groups, filed their briefs with the Court of Appeals urging reversal
of District Court Judge Jackson's Final Judgment.
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| New Documents |
MSFT:
appeal
brief in antitrust case, 11/27 (PDF, USCA).
ACT/CompTIA:
amicus
curiae brief, 11/27 (PDF, USCA).
EU: Draft
Convention on Cyber Crime, 11/19 (HTML, EU).
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| Quote of the Day |
"The district judge here deliberately chose to discuss the
merits of the case in public, expressing strong personal views about
Microsoft and its executives in person, in print and on the radio,
both during and after trial. Indeed, some of his remarks suggest
that he may have prejudged the central issue in the case -- tying --
in advance of his liability ruling. ... The district judge’s
decision to discuss repeatedly the merits of the case in public, and
thereby flout the Code of Conduct’s clear proscription, is all the
more egregious because this Court has already admonished him for
expressing views on a pending case outside a judicial forum. ... The
district judge’s violations of the Code of Conduct are emblematic
of the manner in which he conducted the entire case -- employing
improper procedures and changing the rules of the game, always to
Microsoft’s detriment."
Microsoft's Appeal Brief, Nov. 27, citatations omitted.
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| News Briefs |
11/27. Microsoft filed its appeal brief
[188 pages in PDF] with the U.S.
Court of Appeals (DCCir) seeking reversal of Judge Jackson's
conclusions that Microsoft violated the Sherman Antitrust Act, and
ordering the breakup of Microsoft. See also, HTML
copy of brief. Microsoft argued that Jackson erred in his
application of antitrust law in his conclusions that Microsoft
engaged in illegal tying, illegal monopolization in a market for
Intel compatible PCs, and illegal attempted monopolization of a
browser market. Microsoft further argued that Jackson erred by
holding trial five months after filing of the complaint and limiting
the number of witnesses, by refusing to conduct a hearing on the
subject of remedies, and by making repeated public statements about
the merits of the case. See, TLJ story.
11/27. The Association for
Competitive Technology (ACT) and Computing Technology Industry
Association (CompTIA) filed their joint amicus
curiae brief [34 pages in PDF] in support of reversing Judge
Jackson's Final Judgment and Order in the Microsoft antitrust case.
They wrote that "The
extraordinarily dynamic IT industry of the last fifteen years has
generated enormous benefits for businesses and consumers. The
decision below threatens to choke this dynamism by fragmenting the
Windows operating system standard, which now supports a steadily
increasing range of software applications, and by reducing the
incentive and ability of leading software firms to compete
vigorously by adding new functions to existing products." See, TLJ story.
11/27. The National Intellectual
Property Law Enforcement Coordination Council (NIPLECC)
held a public meeting with trade groups representing intellectual
property owners, and others, in the Auditorium of the Department of
Commerce. Government officials (who are the members of the panel)
stated that they are concerned. Industry witnesses then criticized
the government for lack of law enforcement activity. Kevin DiGregory,
Co-chair of the NIPLECC, and Deputy Asst. Atty. Gen. in the Criminal
Division, walked out of the meeting without listening to any
industry comments.
11/27. The Department of Commerce
released its estimate of U.S. retail
e-commerce sales for the 3rd quarter of 2000. Sales
rose from $5.526 Billion to $6.373 Billion (without adjustment for
seasonal, holiday, and trading-day differences). This is an increase
of 15.3%. The three fastest growing kinds of firms engaging in
e-retail were mail order firms, auto dealers and bookstores. See, release.
11/27. The Bureau of Export
Administration of the Commerce Dept. published a notice
and agenda for the Dec. 12 public meeting of the Regulations and
Procedures Technical Advisory Committee. See, Fed. Reg., Nov. 27,
Vol. 65, No. 228, page 70693.
11/27. The ICANN
posted a request
for public comments on its at large membership and election
process.
11/27. SEC Chairman Arthur
Levitt named David Fielder as Counsel to the Chairman. He
succeeds Estee Levine, who was recently named Director of the
Office of Congressional and Intergovernmental Affairs. See, release.
11/27. Oracle hired former
Clinton press secretary Joe Lockhart.
11/24. Tulip filed a complaint
in U.S. District Court (DDel) against Dell alleging infringement of a patent
pertaining to motherboard technology. Tulip, a Dutch computer
company, is represented by the law firm of Robins, Kaplan, Miller & Ciresi.
See, Tulip
release.
11/19. The EU released the 26th
version of its Draft Convention on Cyber Crime.
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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| Wednesday, 9:30 AM - 5:00 PM. The NTIA
and the U.S. Copyright
Office will hold a joint hearing on the DMCA and
copyright law. The hearing will focus on the effects of
Title 1 of the Digital Millennium Copyright Act (DMCA) and the
development of electronic commerce on the operation of §§
109 and 117 of Title 17 of the U.S. Code. See, notice
in Federal Register. Location: Room LM-414, James Madison
Building, Library of Congress, 101 Independence Avenue, SE,
Washington DC, 20540. |
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