| New Documents |
WBEC: report
on Internet based education, 12/19 (HTML, WBEC).
IPO:
amicus curiae
brief on doctrine of prosecution laches in patent
litigation, 12/18 (HTML, IPO).
Lamy:
speech
to AEI re trade, 12/18 (HTML, EU). |
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| Quote of the Day |
"The nation's pre- kindergarten- grade 12 schools face
regulation from the federal and local levels, as well as the
states. They are subject to countless administrative
procedures implemented in an age that predated the Web; many
of these procedures cannot accommodate the Internet's agility.
School leaders are increasingly confronted by a desire to
innovate but are unable to overcome the timeworn rules
..."
Report of the Web Based Education Commission, Dec. 19. |
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| News Briefs |
12/19. A federal grand jury (NDCal)
returned an indictment for one count of wire fraud against
Darla Prestwich. The defendant was charged with engaging in a fraud
scheme on eBay by
registering repeatedly as a seller with eBay under different
aliases, posting auction listings on eBay in which she offered
to sell items that she either did not possess or misdescribed,
and after receiving payment, either failing to deliver the
merchandise or delivering merchandise that did match the
description of the merchandise described in the auction
listing. The prosecution is the result of an investigation by
the U.S. Secret Service. Joseph Sullivan is the Asst.
U.S. Attorney who is prosecuting the case. See, USA/NDCal
release.
12/19. The Web-Based
Education Commission released its report titled The
Power of the Internet for Learning: Moving from Promise to
Practice. The report concluded that "regulations that
govern much of education today, from pre-kindergarten to
higher education, are focused on supporting the welfare of the
educational institution, not the individual learner. They were
written for an earlier model, the factory model of education
in which the teacher is the center of all instruction and all
learners must advance at the same rate, despite their varying
needs or abilities. ... Funding follows this progression, and
is based on the time a student spends in class ("seat
time") and the location of that student and that
educational program. Estimates for school construction,
educational services, and materials are built on these
time-fixed and place-based models of yesterday. These
regulations and requirements no longer match today's
realities. ... What is needed, in short, is a wholesale
rethinking of the regulatory foundations governing our
educational institutions. The Internet cannot be ignored in
any such effort of regulatory reform." The Commission's
Chairman is Sen. Bob Kerrey (D-NE); its Vice Chairman is Rep. Johnny Isakson
(R-GA).
12/19. President Clinton pocket vetoed HR 2415, the Bankruptcy
Reform Act of 2000, a major overhaul of the U.S.
bankruptcy code. (This bill incorporated the language of S
3186.) Clinton exercised a pocket veto by not signing the
bill. The 106th Congress has adjourned, so the veto cannot be
overriden. See, Clinton
statement.
12/19. EMusic.com
and six
of its independent record label partners filed a
complaint in U.S. District Court (SDNY)
against MP3.com and its
My.MP3.com streaming service alleging copyright
infringement. EMusic.com CEO Gene Hoffman stated,
"Although MP3.com has entered into settlement agreements
with the five major record labels, they have chosen to ignore
their infringing actions with respect to independent record
labels." See, EMusic.com
release.
12/18. The Intellectual Property
Owners Association (IPO) filed an amicus curiae
brief with the U.S. Court of Appeals (FedCir)
in Symbol
Technologies v. Lemelson that argues that the
courts have equitable power to deny enforcement to patents
based on unjustifiable and prejudicial delay in prosecution. |
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| Editor's Note: This column includes all News Briefs
added to Tech Law Journal since the last Daily E-Mail Alert.
The date indicates when the event occurred, not the date of
posting to Tech Law Journal. |
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| Holiday Schedule |
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Dec. 23, Monday, Dec. 25, or Tuesday, Dec. 26. |
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