Macromedia, Inc., a developer of computer software products, has filed
suit against individual America Online subscribers, alleging these
subscribers (using 67 pseudonyms) infringed Macromedia copyrights by
copying and distributing its works through use of
America Online's e-mail system. America Online is not a named defendant.
__Macromedia, Inc. v. VRHacker, et al.__, Case No. C95-1261 (N.D. Cal.
filed 4/13/9)
The State of New York says 94 pay phones it owns were switched to a
different long-distance carrier without permission. Acting on New York's
complaint, the Federal Communications Commission proposed a $1.41
million fine against Oncor Communications Inc. for
repeatedly switching the pay phones to its long-distance service without
consent, an illegal practice commonly known as "slamming." (New York
Times, 4/1/95, 10D.)
Kevin Lee Poulsen, 29, was sentenced to 51 months in federal prison
and 3 years supervised probation upon release, and ordered to pay
$58,000 in restitution. Poulsen, a computer hacker, seized incoming
phone lines of radio stations during call-in contests to win
prizes and cash. Poulsen, who pleaded guilty to seven felony counts, has
confessed also to using computer skills to penetrate the FBI, locating
and identifying undercover businesses and wiretaps. Poulsen faces
additional charges of stealing classified Air Force
documents listing the names and location of structures that would be
attacked in the event of war. (San Jose Mercury News, 4/11/95, 3E.)
A 13-year old Florida girl was sentenced to 5 years probation and
therapy after she pleaded guilty to taking confidential information from
a computer at a medical center where her mother works and calling seven
emergency room patients falsely to inform them they
had tested positive for HIV, the virus that causes AIDS. (New York
Times, 4/21/95, A14.)
U.S. Customs agents arrested Fan Zhang, a native of China, who was
allegedly carrying 29,000 counterfeit holograms to be used to
authenticate fake packages of MS-DOS 6.2 software. Zhang allegedly
purchased the holograms in Shanghai for $3,000 and planned
to sell them in Los Angeles for $10,000. He faces charges of smuggling
and trafficking in counterfeit goods. (San Jose Mercury News, 4/22/95,
10D.)
Two members of the House of Representatives, Tony Hall (D-Ohio) and
Chris Smith (R-New Jersey), introduced proposed legislation to ban
explicit sex and "indecent" programming from basic cable packages. (San
Jose Mercury News, 4/22/95, 11A.)
Federal Judge Harold H. Greene ruled that the seven regional Bell
companies may offer long-distance cellular and other wireless service,
on condition they demonstrate measurable competition in their own
markets. Judge Greene did not accept the Bell companies'
argument for a larger local calling area for cellular service. (New York
Times, 4/29/95, p.17.)
Three regional Bell companies (BellSouth, Bell Atlantic, and SBC
Communications) sued the Federal Communications Commission (FCC),
alleging that new FCC standards they must meet to deliver video service
infringe their right to free expression. The Bell
companies are joined in the suit by the U.S. Telephone Association and
two other telephone industry groups. Telephone companies, like cable
television companies, must obtain a municipal franchise to deliver video
services. In March, the FCC announced that phone
companies must also obtain a construction permit, granted by the FCC on
a project-to-project basis in a process that could take months. (New
York Times, 4/28/95, C2.)
According to a proposed ruling by an administrative judge for the
California Public Utilities Commission, Pacific Bell is attempting to
maintain a monopoly in the local toll-call market. This market was
opened to competition in January 1995. MCI complains that Pacific
Bell is holding business customers hostage by refusing to program
5-digit access codes into Centrex switching systems Pacific Bell
maintains for thousands of business clients. Pacific Bell, for its part,
says it will eliminate the cumbersome access-code procedure
when it is allowed to compete in the long-distance market. (San Jose
Mercury News, 4/13/95, 3F.)
A federal jury found that keyboards made by IBM and Altex Inc. were
not responsible for hand-nerve damage suffered by a reporter for the
Philadelphia Inquirer. According to the jury, neither production defects
nor design flaws in the keyboards caused carpal tunnel
syndrome in the reporter's wrists. (San Jose Mercury News, 4/26/95, 3F.)
The Tokyo High Court, in __Japan Auto Products, Inc. v. BBS Inc.__,
ruled that two companies could legitimately import patented products
made in Germany and sell them at a higher price in Japan without
violating the patent holder's rights. This ruling departs from
long-standing practice in the United States and Japan, which prevented
competitors from buying patented products sold cheaply in one country
and then selling them in a country where a similar patent was issued but
where the product fetches a higher price. (New
York Times, 4/17/95, C2.)
The U.S. Court of Appeals for the Federal Circuit, in the case of
__Markman v. Westview Instruments Inc.__, ruled that judges, not juries,
should determine what the language of a patent means and that judges
must rely on definitions set forth in the patent itself, or
in documents filed in connection with the patent application. (New York
Times, 4/8/95, p.21.)
The Antitrust Division of the U.S. Department of Justice sued to block
Microsoft Corp.'s acquisition of Intuit Inc., maker of the popular
Quicken personal finance program. The Antitrust Division argues that the
purchase would cause higher prices and less innovation in
personal finance software. (San Jose Mercury News, 4/28/95, 1A & 1C; New
York Times, 4/28/95, A1.)
Compaq Computer Corp. filed suit against Packard Bell Electronics
Inc., alleging that Packard Bell sells products that it represents as
new but actually contain used components. (San Jose Mercury News,
4/11/95, 1E.)
Nintendo of America and Samsung Electronics settled lawsuits related
to Nintendo's claim that Samsung sold specialized chips that helped
other companies to copy Nintendo video games. Samsung had responded to
this claim with a defamation lawsuit against
Nintendo. (San Jose Mercury News, 4/4/95, 1E; New York Times, 4/5/95,
C6.)
According to an FBI search warrant affidavit, an industrial spy ring
allegedly stole spare parts designs from semiconductor makers Applied
Materials Inc., Lam Research Corp., Varian Associates, Tegal Corp. and
Texas Instruments Inc., and sold them to
Semiconductor Spares Inc. FBI agents collected and pieced together
shredded documents from Semiconductor Spares' trash, allegedly showing
it has confidential documents from other companies. A senior planer for
Applied Materials allegedly received seven checks
for $44,716.18 from Semiconductor Spares. (San Jose Mercury News,
4/5/95, 2G; New York Times, 4/5/95, C2.)
Also see:
In March 1995, the State of Utah adopted the world's first
comprehensive Digital Signature Law (1995 UT S.B. 82).
CyberLex (tm) is published solely as an educational service. The author,
a California attorney, is Executive Editor of LEXIS COUNSEL CONNECT
CALIFORNIA. He may be contacted at jrosen03@counsel.com or
cyberlaw@cyberlaw.com. Questions and comments
may be posted on America Online (go to keyword "CYBERLAW") or CyberLaw
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trademark of Jonathan Rosenoer. Copyright
(c) 1995 Jonathan Rosenoer; All Rights Reserved.