| Breaking News |
The Wall Street Journal reports in its Tuesday edition that
Microsoft is opposing the AOL Time Warner merger. Quote:
"Behind the scenes, the software colossus is raising questions
with antitrust enforcers about the effect the merger would have on
high-speed Internet access for consumers." See, full
story (subscription web site).
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| New Documents |
EPIC: letter
to FTC re Amazon privacy practices, 12/4 (HTML, EPIC).
Kennard:
speech
re competition, regulation, and universal Internet access.
CDT: comments
filed with the FCC re open access to broadband cable facilities,
12/1 (HTML, CDT).
AIPLA:
White
Paper on business method patents, 11/27 (PDF, AIPLA).
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| New and Updated Sections |
Calendar
(updated daily).
News
from Around the Web (updated daily).
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| Quote of the Day |
"Digital citizenship is the ability to participate in
society’s basic functions through the telecommunications system.
We are all becoming digital citizens. Telecommunications access is
becoming necessary for access to health care and such tasks as
registering for class, doing school homework, shopping, getting bus
schedules, buying tickets, obtaining a driver’s license, securing
a job, and, even voting. Digital citizenship eventually will become
a basic right of all peoples, recognized by the law, the courts and
the just information society."
William Kennard, FCC Chairman, in a speech
in Budapest on Dec. 4 |
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|
| News Briefs |
12/4. The House of Representatives began a lame duck session.
Several key appropriations bills which fund technology related
agencies have yet to be passed. House Republicans are also
campaigning for key committee chairmanships, including Ways and
Means, Commerce, and Judiciary. Outgoing Chairmen Bill Archer (R-TX)
and Tom Bliley (R-VA) did not seek re-election. Rep. Henry Hyde
(R-IL) has served three terms as Chairman of the Judiciary
Committee, and is thus barred by Republican Rules from continuing as
Chairman. Rep.
Billy Tauzin (R-LA) and Rep.
Mike Oxley (R-OH) both want to be Chairman of the Commerce
Committee. Rep. Bill
Thomas (R-CA) and Rep.
Phil Crane (R-IL) are vying for the Ways and Means post.
12/4. FCC Chairman Wm. Kennard
gave a speech
in Budapest, Hungary, in which he advocated the creation of strong
independent regulatory agencies that are "infused with a
culture of transparent, independent decisionmaking". He also
argued for competition and universal access. Moreover, he described
universal access as Internet access, rather than telephone access.
12/4. EPIC
wrote a letter
to the FTC requesting that it
"investigate whether Amazon has deceived consumers in its
representations about privacy, particularly regarding the
circumstances under which information about customers and their
purchases might be sold or otherwise disclosed."
12/4. Bill Gates, Sen. Elect Hillary Clinton, Sen. Joe Biden (D-DE), and Sen. Charles Schumer
(D-NY) held a media event in New York City. Gates announced that
Microsoft will donate $12.3 Million in cash and $88 Million in
software over the next five years for materials, training and
software to technology enable every Boys & Girls Club in the
United States. Sen. Biden is a long time supporter of the Boys &
Girls Club. Both Sen. Biden and Sen. Schumer are members of the Senate Judiciary Committee,
which oversees the Antitrust
Division of the Department of Justice. See, MSFT
release.
12/1. The CDT
filed comments
with the FCC in its Inquiry
Concerning High-Speed Access to the Internet Over Cable and Other
Facilities. The CDT urged the FCC to mandate open
access. It stated "that unless private industry acts immediately
to open their systems, the Commission must act to require openness.
Voluntary industry efforts toward achieving verifiable openness have
not, to date, been successful. ... CDT urges the FCC to publicly
embrace third party access and set a clear deadline by which its
implementation must be complete. Failing its implementation by some
time in the year 2001, the FCC should act to require open
access."
11/27. The American Intellectual
Property Association (AIPLA) issued a White
Paper [PDF] titled "Patenting Business Methods"
that defends current law and USPTO practices. It
concluded that "The AIPLA sees no basis or need for
discriminating against inventions related to business methods. No
major changes in the U.S. patent laws or in USPTO procedures are
needed in light of the increasing numbers of patent applications
filed on business method inventions ..." However, the AIPLA
recommends improvement of USPTO non-patent prior art collections,
more training for examiners, an end to the diversion of USPTO fees
to pay for other government programs, and early inter partes
reexamination of issued patents without estoppel until appealed to
the Federal Circuit. It also seeks "clarification that the
first inventer defense applies to all methods". The AIPLA White
Paper differs with a legislative proposal pending in the Congress.
On Oct. 3 Rep. Howard Berman
(D-CA) and Rep. Rick
Boucher (D-VA) introduced HR
5364, the Business Method Patent Improvement Act. Both were
re-elected, and both sit on the House Courts and Intellectual
Property Subcommittee. They have stated that they will reintroduce
the bill in the 107th Congress. The AIPLA's White Paper also
contrasts with the European Commission's Green
Paper [PDF] dated Oct. 19, 2000, and titled "The
Patentability of Computer-Implemented Inventions." The EC is
soliciting comments on this matter. Comments are due by Dec. 15.
Send comments by mail
or to MARKT-SOFTPAT@cec.eu.int.
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
1:00 - 2:00 PM. USPTO Chief Todd
Dickinson will be available online to answer questions
from the agency's customers and the public.
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