Tuesday, November 11, 2003
A couple of tech industry issues are headed (in the first instance) and potentially headed (in the second) to the U.S. Supreme Court:
In this case, AMD seeks to use 28 U.S.C. Section 1782 to compel discovery of documents for use in an investigation currently being conducted in Europe for alleged antitrust violations. [SCOTUSBlog]
Intel, the world's biggest computer chip maker, is trying to beat back an attempt by rival AMD to get its hands on confidential Intel documents and pass them along to antitrust enforcers at the European Commission. [¶] AMD says the documents will bolster its claim that Intel uses anti-competitive tactics — such as illegal rebates, withholding technical information and threatening computer makers that use AMD products — to protect its market share in Europe. [the L.A. Times]
[T]he issues of law presented are:
1. Whether, under the Copyright Act and this Court's decision in Sony, Petitioner's provision of Internet service, obviously capable of noninfringing use, constitutes per se contributory infringement if there is some evidence of infringing use; and
2. If so, whether, or to what extent, a court may use its power under the Copyright Act's injunction clause to order Petitioner affirmatively to monitor and prohibit Internet communications and file attachments (encrypted by the sender and decrypted by the recipient), consistent with the Copyright Act's fair-use clause, and also with: (a) the First Amendment's speech, press and association clauses; (b) the Fifth Amendment's takings clause; and (c) the safe harbor clause of the Digital Millennium Copyright Act. [Petition for Writ of Certiorari of John Deep, link added; via Ernest Miller and Derek Slater]
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