From editor@telecom-digest.org Fri Dec 17 14:23:23 2004 Received: (from ptownson@localhost) by massis.lcs.mit.edu (8.11.6p3/8.11.6) id iBHJNM814288; Fri, 17 Dec 2004 14:23:23 -0500 (EST) Date: Fri, 17 Dec 2004 14:23:23 -0500 (EST) From: editor@telecom-digest.org Message-Id: <200412171923.iBHJNM814288@massis.lcs.mit.edu> X-Authentication-Warning: massis.lcs.mit.edu: ptownson set sender to editor@telecom-digest.org using -f To: ptownson Approved: patsnewlist Subject: TELECOM Digest V23 #604 TELECOM Digest Fri, 17 Dec 2004 14:23:00 EST Volume 23 : Issue 604 Inside This Issue: Editor: Patrick A. Townson Time Warner to Pay $510 Million to Resolve U.S. Probes (Lisa Minter) AOL Settlement Includes Tight Controls (Lisa Minter) Former Charter CEO Pleads Guilty to Fraud (Monty Solomon) Geico Claims Google Advertising Policy Violates Trademark Law (ptownson) VOIP, Bluetooth Vulnerable to Hacks (Telecom DailyLead) Re: Dialogic JCT Series (David) Re: Is 'Transitional Fair Use' The Wave Of The Future? (Andrew Bell) Re: AFA (Flight Attendants) Opposes In-Flight Cell Phone Use (Joseph) Telecom and VOIP (Voice over Internet Protocol) Digest for the Internet. All contents here are copyrighted by Patrick Townson and the individual writers/correspondents. Articles may be used in other journals or newsgroups, provided the writer's name and the Digest are included in the fair use quote. By using -any name or email address- included herein for -any- reason other than responding to an article herein, you agree to pay a hundred dollars to the recipients of the email. =========================== Addresses herein are not to be added to any mailing list, nor to be sold or given away without explicit written consent. Chain letters, viruses, porn, spam, and miscellaneous junk are definitely unwelcome. We must fight spam for the same reason we fight crime: not because we are naive enough to believe that we will ever stamp it out, but because we do not want the kind of world that results when no one stands against crime. Geoffrey Welsh =========================== See the bottom of this issue for subscription and archive details and the name of our lawyer; other stuff of interest. ---------------------------------------------------------------------- From: Lisa Minter Subject: Time Warner to Pay $510 Million to Resolve U.S. Probes Date: Fri, 17 Dec 2004 11:15:39 EST WASHINGTON/NEW YORK (Reuters) - Time Warner Inc. said on Wednesday it agreed to pay the U.S. government $510 million to resolve criminal and civil charges that its America Online unit fraudulently inflated its revenue figures. The agreements close a two-year investigation by the U.S. Justice Department and Securities and Exchange Commission and gives the world's largest media company financial flexibility to pursue a range of deals, including the acquisition of cable operator Adelphia Communications Corp. "For them to be an effective and fully competitive suitor, they will be pressed to clear their reputation from any type of censure," said Thomas Russo, a portfolio manager at asset manager Gardner, Russo, Gardner, which owns shares in the company. Time Warner Chief Executive Dick Parsons told employees in an internal company memorandum, "While there are still challenges ahead, the steps we announced today will help to remove a cloud that has been hanging over the company for some time now," The company, which is home to such assets as Bugs Bunny, CNN and People magazine, has already set up a $500 million reserve to cover anticipated costs of the agreements. DEFERRED PROSECUTION Time Warner said it will pay $210 million as part of a deferred prosecution agreement with the U.S. Justice Department to resolve criminal charges of aiding and abetting securities fraud. Under the agreement filed in federal court in Virginia, Time Warner accepted responsibility for criminal violations made by AOL employees and pledged to cooperate fully with the Justice Department in its investigation into individuals involved in the fraud, among other conditions. In exchange, the government agreed to defer prosecution of the company for two years, after which it will dismiss charges if Time Warner complies with the deal. "The agreements we've reached today with America Online and Time Warner give the company a chance to turn itself around and avoid the consequences of a criminal conviction," said Deputy Attorney General James Comey. U.S. Attorney Paul McNulty said the investigation was continuing and he expected additional criminal charges. The company has offered to pay about $300 million to settle fraud charges with the U.S. Securities and Exchange Commission related to its buyout of a stake held by Germany's Bertelsmann AG AOL Europe. While a final resolution with the SEC has not been reached, the staff of the SEC has agreed to recommend the proposal to the commissioners, who must sign off on any settlement, Time Warner said in a statement. Time Warner will also agree to an independent examiner who will review the company's accounting on online advertising revenue from 1999 to 2002, which may result in further restatements. Time Warner said it admits no guilt or denies any wrongdoing as part of the SEC proposal. DEALINGS WITH PURCHASEPRO The Justice Department's charges stemmed from AOL's dealings with the once-thriving now defunct software company PurchasePro.com. Court documents said "six or more" AOL officers or employees aided PurchasePro.com's officers to falsely inflate the company's revenue. No AOL officials have yet been charged in the case and Justice Department officials declined to identify any of the AOL officials who may be charged. As part of the deal with the Justice Department, four former PurchasePro executives agreed to plead guilty and cooperate with the government's investigation. They also settled civil charges with the SEC. Time Warner stock closed the day flat at $19.38 on the New York Stock Exchange. For more telecom/internet/networking/computer news from the daily media, check out our feature 'Telecom Digest Extra' each day at http://telecom-digest.org/td-extra . New articles daily. *** FAIR USE NOTICE. This message contains copyrighted material the use of which has not been specifically authorized by the copyright owner. This Internet discussion group is making it available without profit to group members who have expressed a prior interest in receiving the included information in their efforts to advance the understanding of literary, educational, political, and economic issues, for non-profit research and educational purposes only. I believe that this constitutes a 'fair use' of the copyrighted material as provided for in section 107 of the U.S. Copyright Law. If you wish to use this copyrighted material for purposes of your own that go beyond 'fair use,' you must obtain permission from the copyright owner. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml ------------------------------ From: Lisa Minter Subject: AOL Settlement Includes Tight Controls Date: Fri, 17 Dec 2004 10:59:04 EST By David A. Vise, Washington Post Staff Writer America Online Inc.'s settlement with the Justice Department imposes a strict new set of controls on the company, including requirements that the Internet giant hire a corporate monitor and disclose serious wrongdoing discovered internally to the government. The deal -- announced Wednesday and signed by federal prosecutors and America Online chief executive Jonathan F. Miller -- comes as authorities seek to strengthen corporate checks and balances following scandals at Enron Corp., WorldCom Inc. and other firms. The AOL settlement requires the Dulles-based company to give the Justice Department every letter it receives threatening private litigation against AOL. The agreement also makes the Justice Department a party to normally private communications between AOL and its parent company, media giant Time Warner Inc. "AOL will adopt a new internal standard of conduct under which it will inform the Department of Justice of any new matter reported to Time Warner's Audit and Finance Committee that involves substantial and credible evidence of any Federal Crimes," the cooperation agreement states. AOL also agreed to hire and pay for an independent monitor for at least two years. The selection must be approved by Justice, and the monitor will report to prosecutors regularly on the firm's business conduct. The monitor has the power to hire accounting firms to assist in the work and must be given access to all details of AOL's online advertising deals. The company could be subject to criminal prosecution if it fails to live up to the terms of the agreement. Justice officials filed a criminal complaint against America Online but agreed to defer prosecution for two years and to dismiss the complaint at the end of that period if the company cooperates fully with authorities. However, AOL could be prosecuted as a corporate entity if it commits various crimes in the future. As part of the settlement, the firm waived its right to assert that the statute of limitations had expired. On Wednesday, Time Warner and AOL agreed to pay the federal government $510 million to settle criminal and civil charges following a long-running probe of questionable accounting and dealmaking that inflated AOL's revenue and profit before and after the company merged with Time Warner. The agreements have been approved by Justice and the enforcement division of the Securities and Exchange Commission , but the proposed SEC agreement still must be reviewed by the commissioners of the agency, who have the right to alter, amend or reject the proposed settlement. AOL also agreed to assist Justice fully in the criminal prosecution of "six or more" current and former AOL employees involved in alleged accounting fraud committed between AOL and PurchasePro.com Inc., a defunct Las Vegas software firm. The agreement states that AOL and PurchasePro engaged in a multiyear scheme of accounting fraud and deceptive dealmaking that enabled both companies to exaggerate the real revenue they were taking in by millions of dollars. The agreement does not list the names of the six individuals at AOL but states that they worked in AOL's business affairs unit, which took the lead on advertising deals; in the interactive marketing unit; and elsewhere. Former AOL employees David M. Colburn and Eric Keller, who worked in business affairs, are among the former AOL employees under scrutiny, said people familiar with the probe who spoke on condition of anonymity because of the ongoing investigation. Attorneys for both men have said they engaged in no wrongdoing. Four former PurchasePro executives agreed on Wednesday to plead guilty to criminal charges in the probe and to cooperate in the government's investigation. They are Robert Geoffrey Layne, former executive vice president and a co-founder; Shawn P. McGhee, the company's former chief operating officer; Dale L. Boeth, a former senior vice president; and James S. Sholeff, a former vice president. Under the cooperation agreement signed by Miller, AOL agreed not to challenge Justice's conclusions about the alleged criminal nature of the scheme between the companies or the criminal culpability of some AOL officials. Miller also agreed that AOL will actively assist Justice in the prosecution. Among other things, Miller agreed that AOL officials with knowledge of the wrongdoing will testify before a federal grand jury about current and former America Online officials who participated in the fraudulent deals and, if necessary, testify at trial. The Department of Justice's "decision to defer and ultimately not seek criminal sanctions against AOL is contingent on AOL's adherence to a number of conditions," Miller wrote in an e-mail to employees. "We take this matter very seriously and expect you to do the same. As a company, living up to the conditions imposed by the DOJ must and will be a clear priority." NOTE: For more telecom/internet/networking/computer news from the daily media, check out our feature 'Telecom Digest Extra' each day at http://telecom-digest.org/td-extra . New articles daily. *** FAIR USE NOTICE. This message contains copyrighted material the use of which has not been specifically authorized by the copyright owner. This Internet discussion group is making it available without profit to group members who have expressed a prior interest in receiving the included information in their efforts to advance the understanding of literary, educational, political, and economic issues, for non-profit research and educational purposes only. I believe that this constitutes a 'fair use' of the copyrighted material as provided for in section 107 of the U.S. Copyright Law. If you wish to use this copyrighted material for purposes of your own that go beyond 'fair use,' you must obtain permission from the copyright owner, in this instance Washington Post Company. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml ------------------------------ Date: Fri, 17 Dec 2004 10:55:22 -0500 From: Monty Solomon Subject: Former Charter CEO Pleads Guilty to Fraud By JIM SALTER AP Business Writer ST. LOUIS (AP) -- The former chief operating officer of cable television company Charter Communications Inc. pleaded guilty Thursday to a federal charge that he conspired to defraud investors by inflating subscriber numbers, U.S. Attorney James Martin said. David Barford, 46, of Chesterfield, faces sentencing March 11 for conspiracy to commit wire fraud. He could face up to five years in prison and a fine of $250,000, but has agreed to testify in the trial of two other former executives, Martin said. As part of the plea agreement, 13 other counts were dismissed, Martin said. - http://finance.lycos.com/home/news/story.asp?story=45695431 ------------------------------ Subject: Geico Claims Google Advertising Policy Violates Trademark Law From: ptownson Organization: SFGate, San Francisco, CA Date: Fri, 17 Dec 2004 10:21 -0800 http://www.sfgate.com/cgi-bin/article.cgi?file=3D/news/archive/2004/12/13/n= ational1739EST0713.DTL Monday, December 13, 2004 (AP) SAM HANANEL, Associated Press Writer (12-13) 14:39 PST ALEXANDRIA, Va. (AP) -- federal judge heard arguments Monday in a trademark dispute that could threaten millions in advertising revenue for search engine Google Inc. Attorneys for auto insurance giant Geico told U.S. District Judge Leonie Brinkema that Google should not be allowed to sell ads to rival insurance companies that are triggered whenever Geico's name is typed into the Google search box. Geico claims that Google's AdWords program, which displays the rival ads under a "Sponsored Links" heading next to a user's search results, causes confusion for consumers and illegally exploits Geico's investment of hundreds of millions of dollars in its brand. "When a consumers enters 'Geico' ... and goes to the sponsored link believing there's a connection, that is where the confusion arises," said Geico attorney Charles Ossola. But Google attorney Michael Page said the ad policy is no different than a supermarket giving out coupons for one product in the checkout line when a customer buys the same product from a different company. "There is nothing wrong with that under the trademark laws," Page said. Geico filed the lawsuit against Google in May, seeking $8.65 million in lost profits and a court order preventing Google from using its name in the advertising program. Under the program, for example, a competing insurance company could bid to have its ad appear every time Google users search for the word "Geico." When a user clicks on an ad, the advertiser pays Google a predetermined fee. Google is facing similar lawsuits from other companies, including American Blind and Wallpaper Factory Inc. and AXA, the world's No. 3 insurer. Last year, Google asked a court to rule on whether its pay-for-placement ad policy is legal. John McCutcheon, Geico's assistant vice president of marketing, testified Monday that most consumers visit just one Web site when shopping for auto insurance. If a consumer trying to find Geico is unknowingly steered to a competitor's site, "We've lost one opportunity." The Geico lawsuit, filed in May, came just weeks after Google said it hoped to raise $2.7 billion with an initial public stock offering. The vast majority of Google's ad revenue comes from search-related advertising. In federal filings, the company said it would face financial risks if it was forced to limit sales of keyword ads to generic words. Geico's lawsuit had also named Web site company Overture Services, a Yahoo! subsidiary, but the two companies reached an undisclosed settlement in November, after Brinkema denied a motion to dismiss the trademark claims. The bench trial is expected to last three days, after which Brinkema could issue a decision or take the matter under advisement. Copyright 2004 AP NOTE: For more telecom/internet/networking/computer news from the daily media, check out our feature 'Telecom Digest Extra' each day at http://telecom-digest.org/td-extra . New articles daily. *** FAIR USE NOTICE. This message contains copyrighted material the use of which has not been specifically authorized by the copyright owner. This Internet discussion group is making it available without profit to group members who have expressed a prior interest in receiving the included information in their efforts to advance the understanding of literary, educational, political, and economic issues, for non-profit research and educational purposes only. I believe that this constitutes a 'fair use' of the copyrighted material as provided for in section 107 of the U.S. Copyright Law. If you wish to use this copyrighted material for purposes of your own that go beyond 'fair use,' you must obtain permission from the copyright owner, in this instance SF-Gate and Associated Press. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml [TELECOM Digest Editor's Note: As this issue of the Digest was being prepared for distribution, word reached us that Google had won the case. PAT] ------------------------------ Date: Fri, 17 Dec 2004 13:33:00 EST From: Telecom dailyLead from USTA Subject: VoIP, Bluetooth Vulnerable to Hacks Telecom dailyLead from USTA December 17, 2004 http://www.dailylead.com/latestIssue.jsp?i=18191&l=2017006 TODAY'S HEADLINES NEWS OF THE DAY * VoIP, Bluetooth vulnerable to hacks BUSINESS & INDUSTRY WATCH * Sprint-Nextel merger won't result in immediate changes * Opinion: Debt holds Qwest back * Former Charter exec pleads guilty in subscriber-number case * Covad, Verizon revise DSL deal USTA SPOTLIGHT * Announcing Phone Facts Plus 2005 EMERGING TECHNOLOGIES * Cable companies drive boom in fiber-optic cable business * NTT DoCoMo takes wraps off new handset REGULATORY & LEGISLATIVE * DOJ to keep a close watch on AOL's books * Court allows fiber rights-of-way lawsuits to proceed Follow the link below to read quick summaries of these stories and others. http://www.dailylead.com/latestIssue.jsp?i=18191&l=2017006 ------------------------------ From: David Reply-To: FlyLikeAnEagle@United.Com Subject: Re: Dialogic JCT Series Date: Fri, 17 Dec 2004 05:24:07 GMT On Thu, 16 Dec 2004 16:30:55 UTC, Maverick wrote: > Hi, > Thanks for the help David. > I am not sure if we are purchasing from some stockist or directly or > from some some reseller but I will to get some help from there as > well. Thanks anyways. The groups we initially contacted once we had identified that the D/42JCT-U was useful for a new product were a great help. The cards ranged in price nearly two to one. Some dealers had support charges and others an up front service fee. We chose a supplier near the low end per card and a somewhat reasonable hourly support rate. During the initial contacts we were directed deep into the Intel web sites with addresses for their support groups. These are still free to sign up for. If you are technically savy, this may help you get certain questions answered. The support group we pay for as well as many other developers hang out there. The D/42 and D/82 aren't used by most developers but it has been worthwhile. It is good to pick the brains of other developers who may have fought some of the battles you may face when starting out on a new system. It all depends on what help you need. David ------------------------------ From: Andrew Bell Subject: Re: Is 'Transitional Fair Use' The Wave Of The Future? Date: Fri, 17 Dec 2004 09:06:35 -0500 hancock4@bbs.cpcn.com wrote about Re: Is 'Transitional Fair Use' The Wave Of The Future? on 16 Dec 2004 10:10:14 -0800: > As others mentioned, it will get to the point that no one will watch > their stuff because the imposed restrictions are too onerous. GOOD! Hoist by their own petard, I say. > Yes, the VCR does allow me to skip commercials but on the other hand I > can watch simultaneous shows now (watch one live, tape the other), > which means I see more TV, benefiting them. Time shifting of course > allows me to see stuff I'd never see, again, a benefit for them. Not so. You only benefit "them" if you watch the commercials. Leaving aside things like per {cable|satellite} subscriber payments, an OTA TV station sells a product (the viewers) to their customer (the advertisers.) Yes, YOU are the product. If you don't co-operate and watch the commercials like a good sheep, then you are of absolutely no commercial (pun intended) value, and "they" couldn't care less what you watch or when. The more people skip commercials, the less advertisers will pay. For TV to survive as an advertiser supported medium, they MUST find a way to make their product attractive to their customers. They can do this in two ways -- embed the advertising directly in the programming, or use technology to attempt to force viewers to watch commercials. Or, the radical approach would be to abandon the advertiser supported model and turn the whole thing on its head. If you turn the programming into the product, and turn the viewers into the customer, just imagine the increase in quality programming! Of course, a $300/month cable bill will probably come with it, but everything has its price. Andrew ------------------------------ From: Joseph Subject: Re: AFA (Flight Attendants) Opposes In-Flight Cell Phone Use Date: Fri, 17 Dec 2004 10:09:35 -0800 Reply-To: JoeOfSeattle@yahoo.com On Thu, 16 Dec 2004 21:42:50 -0500, Marcus Didius Falco wrote: > The Association of Flight Attendants warns widespread use of wireless > devices in the confined space of an aircraft cabin potentially could > interfere with an aircraft's communications and navigation systems, > compromise safety and increase conflicts between passengers and crew > member. Well, as has been written many times before it's unlikely that use of cell phones will interfere with avionics. It's more likely the second part "increase conflicts between passengers and crew member." ------------------------------ TELECOM Digest is an electronic journal devoted mostly but not exclusively to telecommunications topics. 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