Intellectual Property: "Amicus Brief in Support of RIAA in RIAA v. Verizon" - June 24, 2003 (http://www.siia.net/govt/amicusriaa.pdf) As required by court order, Verizon gave the RIAA the names of four users suspected of illegally downloading digital copies of songs. RIAA then sent letters to these four individuals demanding that they stop their file sharing activities. RIAA also sent a letter to a fifth user identified by Earthlink, which had refused to disclose the identity of its subscriber until the Verizon decision came down. RIAA followed this up with a warning that it will launch a massive campaign to target individuals who offer "substantial amounts" of music through P2P networks.
Intellectual Property: On June 19th, H.R. 2517, the Piracy Deterrence and Education Act of 2003 was introduced by introduced by Rep. Lamar Smith (R-TX), Chairman of the House Judiciary Committee's Subcommittee on Courts, the Internet, and Intellectual Property, Rep. Howard Berman (D-CA), Ranking Member of that Subcommittee, and Rep. John Conyers (D-MI), Ranking Member of the House Judiciary Committee. The bill instructs the FBI to: (1) develop a program to deter online piracy, (2) develop a warning, with the FBI seal, that copyright holders could issue to suspected violators; and (3) encourage sharing of information on suspected copyright violations among law enforcement, copyright owners and ISPs. The bill also requires the DOJ to hire agents trained to deal with computer hacking and intellectual property issues, and, in conjunction with the departments of Education and Commerce, to develop programs to educate the public on copyright issues. The bill would also amend the Copyright Act so that registration is not a prerequisite for the Federal Government to take enforcement actions under the Act. A copy of the bill can be found at: http://thomas.loc.gov/cgi-bin/query/C?c108:./temp/~c108rWqG2g.
Intellectual Property: Sovereign Immunity Bill Introduced and Hearing Held: Two bills - H.R. 2344 and S. 1191, the "Intellectual Property Protection Restoration Act of 2002" - were introduced by Chairman Smith and Ranking Member Berman in the House and Senator Leahy in the Senate to address the inequities resulting from State sovereign immunity under the Eleventh Amendment for intellectual property infringements. The bills, which are virtually identical to bills introduced last Congress, would force States to choose between abrogating either their intellectual property rights or their sovereign immunity from copyright, patent and trademark lawsuits. In addition to the waiver provisions that amend the patent, copyright, and trademark laws, the legislation confirms the availability of damages and injunctive relief against an officer or employee of the state, as under Ex parte Young. Also included are provisions declaring that states shall be liable for "compensation" in Federal court for violating patent, trademark, copyright, and plant rights in a manner that deprives any person of property in violation of the fourteenth amendment, or that takes property in violation of the fifth or fourteenth amendment.
Press Release: http://www.siia.net/sharedcontent/press/2003/6-17-03.html
Read Testimony: http://www.siia.net/govt/June17testimony.pdf
Education Issues: "SIIA Hosts Successful DC Fly-In: Summary/Presentations Available" - June 16, 2003
http://www.siia.net/divisions/education/events_flyin03.asp
SIIA Issue Briefs: "GAC Meeting Digital Briefing Book: Issue Backgrounders" - June 12, 2003
http://www.siia.net/govt/backgrounders6-03.asp
Court Holds that Intermediate
Copying of Web Page to Extract Facts Is Fair Use: In Ticketmaster
Corp. v. Tickets.com, Inc., the U.S. District Court for the Central District of
California granted summary judgment to Tickets.com on copyright claims brought
by Ticketmaster, holding that automated intermediate copying of web pages into
computer memory by means of a "spider" program to extract facts contained in
those pages is a permissible fair use. The court acknowledged that Tickets.com's
spider program copied all of the content on the Ticketmaster web pages
(including the literal code that produced the screen display of the pages) but
held that under Sega v. Accolade and Sony v. Connectix such copying was a fair
use because the content and code were held in computer memory only temporarily
to extract the facts. The court also granted a summary judgment motion to
dismiss a trespass to chattels claim, finding that Ticketmaster failed to offer
evidence that spidering caused damage to the operation of the computer system
trespassed. The court held that the mere use of a spider to enter a
publicly available web site to gather information, without more, does not
satisfy the harm requirement for trespass to chattels.
NEW PUBLICATION
"Scientifically Based
Research: A Guide for Educational Publishers and Developers"
This
Guide was produced to address the specific needs of SIIA members, providing
companies with a thorough, one-stop primer and resource on issues surrounding
NCLBA's SBR requirements. The 85 page Guide includes definitions, models and
practical answers necessary for companies to develop and implement a research
agenda related to product development, documenting a product's research basis
and validating product effectiveness. The Guide is co-authored by Dr. Doris
Redfield (AEL) and Dr. Jay Sivin-Kachala (IESD).
Price: Free for SIIA Members, $475 to non-members.
Members may download the report from the SIIA Bookstore at http://www.siia.net/store under the Education section.
UPCOMING
EVENTS
Other SIIA upcoming
events are listed bellow. All SIIA and partner events can be found at
http://www.siia.net/events.
October 14 - 16: 6th World Financial Information
Conference
October 30: C3 Investment Forum: Code, Content
and Commerce
Coming in 2004 SAVE THE
DATE -- January 27, 2004
SIIA Information
Industry Summit - Union League Club - New York City
This executive level
one-day conference was sold-out in January 2003 and promises to be just as
valuable in 2004. Mark your calendars and look for further information on
the
Summit.
___________________________________________________________________
SIIA EVENT SPONSORSHIPS AVAILABLE
Extend your
company's brand and market reach by becoming a sponsor of an SIIA event - 2004
Information Industry Summit, Brown Bag Lunches, 2003 Webcasts or 2004 SIIA
Annual Conference or other SIIA events, please contact Anika King at
aking@siia.net.
_____________________________________________________________________
You
are receiving this information because you are a member of SIIA. If you no
longer wish to receive updates from SIIA, please e-mail Becki Lake at
blake@siia.net.
CONTACT SIIA
Software & Information Industry
Association
1090 Vermont Avenue NW, 6th Floor
Washington, DC
20005
+1.202.289.7442 (tel)
+1.202.289.7097 (fax)
http://www.siia.net