It’s rare for liberal blogger Markos Moulitsas and GOP Web guru Patrick Ruffini to agree, but they were in accord Mon. that the blogosphere won’t be the ticket to winning the communications wars of the 2006 congressional campaign. They joined Townhall.com editor Jonathan Garthwaite and Democratic National Committee Internet Dir. Joe Rospars in making predictions for this year’s midterms and beyond at the annual Personal Democracy Forum in N.Y.C.
Privacy advocates expressed dismay Mon. over a new draft of legislation that would make it easier for the executive branch to conduct electronic surveillance without a warrant. The bill, sponsored by Senate Judiciary Chmn. Specter (R- Pa.), would extend the oversight of the Foreign Intelligence Surveillance Act (FISA) court, which would get the ability to authorize a domestic surveillance program.
There’s no “general rule” in favor of automatic injunctions when patent infringement is found, the U.S. Supreme Court ruled in eBay v. MercExchange Mon. The U.S. reversed the Appeals Court, Federal Circuit’s longstanding rule and gave eBay a win, nominally. But the Court warned judges against denying injunctive relief solely on certain mitigating factors, like a plaintiff’s willingness to license its patent. In a relatively brief opinion and 2 concurrences, the Court reiterated the supremacy of the traditional 4-factor test for deciding when injunctive relief is appropriate, chiding the trial and appeals courts for adding their own patent-specific conditions to the test. The case involved eBay’s fixed-price auction feature, deployed after licensing negotiations for MercExchange’s patent failed. Mon.’s decision largely tracked with justices’ questions and statements in oral argument (WID March 30 p1).
The FCC’s defense of the July 1, 2007, cable set-top integration ban took hits from judges Thurs. hearing oral arguments in cable’s petition at the U.S. Appeals Court, D.C., to have the order vacated.
The FCC’s defense of the July 1, 2007, cable set-top integration ban took hits from judges Thurs. hearing oral arguments in cable’s petition at the U.S. Appeals Court, D.C., to have the order vacated.
ICANN’s decision to reject the proposal for red-light top-level domain (TLD) .xxx was a “clear case of political interference” by the U.S. govt. in Internet governance, the spokesman for EU Information Society & Media Comr. Viviane Reding told the news media Thurs. Directors voted 9-5 Wed. to jettison the application by ICM Registry for .xxx, based, ICANN said, on issues involving the criteria for the sponsored TLD and the terms of the registry agreement floated by ICM. The board action underscored the need to make ICANN independent from the Commerce Dept., the Commission spokesman said.
Net neutrality debaters need to separate fantasy from fact, Internet interests agreed Wed. during a Pike & Fischer summit panel. Amazon.com Vp-Global Public Policy Paul Misener was odd man out, championing net neutrality language as needed in Telecom Act revisions Congress is weighing.
The Minn. PUC opened a review of Qwest’s wholesale rates, as it promised to do last Dec. when it approved a new price capping plan for Qwest’s retail services. The PUC said it’s authorized to review Qwest’s UNE rates by Telecom Act Sec. 271. It rejected Qwest’s contention that federal law and regulations have preempted PUC review of intrastate wholesale rates under Sec. 271. But the PUC (Case P-421/CI- 05-1996) said the FCC has never stated explicitly that it has exclusive jurisdiction over all UNE rates, intrastate as well as interstate, and said state jurisdiction over UNEs under Sec. 271 hasn’t yet been resolved by the FCC. Qwest also argued the investigation is unnecessary because wholesale competition has worked to ensure its rates remain just and reasonable. But the PUC said CLECs and the state Commerce Dept. have raised substantive questions about the fairness and reasonableness of Qwest’s rates, which the PUC has lawful authority to investigate.
Net neutrality debaters need to separate fantasy from fact, Internet interests agreed Tues. during a Pike & Fischer summit panel. Amazon.com Vp-Global Public Policy Paul Misener was odd man out, championing net neutrality language as needed in Telecom Act revisions Congress is weighing.
Google is negotiating preferred access with cable operators, said Mediacom Pres. Rocco Commisso, even as he criticized content providers seeking network neutrality rules. Commisso and Cable One Pres. Tom Might told an American Cable Assn. panel that broadcasters and programmers aren’t playing ball with smaller cable operators on retransmission consent and a la carte. Net neutrality remarks from Commisso, known in the cable industry as one of its most outspoken executives, were the most controversial remarks at the conference.