From editor@telecom-digest.org Mon Dec 20 14:25:12 2004 Received: (from ptownson@localhost) by massis.lcs.mit.edu (8.11.6p3/8.11.6) id iBKJPCE23928; Mon, 20 Dec 2004 14:25:12 -0500 (EST) Date: Mon, 20 Dec 2004 14:25:12 -0500 (EST) From: editor@telecom-digest.org Message-Id: <200412201925.iBKJPCE23928@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 #609 TELECOM Digest Mon, 20 Dec 2004 14:25:00 EST Volume 23 : Issue 609 Inside This Issue: Editor: Patrick A. Townson Telecom Update (Canada) #462, December 20, 2004 (Angus TeleManagement) Jeff Pulver Offers IP Communications Predictions for 2005 (Lisa Minter) Sprint's Merger With Nextel (Marcus Didius Falco) P2P Battle Shifts to High Court (Lisa Minter) Re: Airborne Cell-Phone Ban Likely to Remain For Now (Mark Crispin) Re: Airborne Cell-Phone Ban Likely to Remain For Now (jmeissen@aracnet) Re: Is 'Transitional Fair Use' The Wave Of The Future? (Tony P.) Re: Is 'Transitional Fair Use' The Wave Of The Future? (Bob Goudreau) Re: Speaking of Giving up Landline For Cellphone (John Levine) Re: AFA (Flight Attendants) Opposes In-Flight Cell Phone Use (DevilsPGD) Re: Cable TV Advertising (was 'Transitional Fair Use'...) (Neal McLain) 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. ---------------------------------------------------------------------- Date: Mon, 20 Dec 2004 11:48:56 -0500 From: Angus TeleManagement Subject: Telecom Update (Canada) #462, December 20, 2004 ************************************************************ TELECOM UPDATE ************************************************************ published weekly by Angus TeleManagement Group http://www.angustel.ca Number 462: December 20, 2004 Publication of Telecom Update is made possible by generous financial support from: ** ALLSTREAM: www.allstream.com ** AVAYA: www.avaya.ca/en/ ** BELL CANADA: www.bell.ca ** CISCO SYSTEMS CANADA: www.cisco.com/ca/ ** ERICSSON: www.ericsson.ca ** MITEL NETWORKS: www.mitel.com/ ** SPRINT CANADA: www.sprint.ca ** UTC CANADA: www.canada.utc.org/ ************************************************************ IN THIS ISSUE: ** We're Taking a Break ** Ottawa Tables Do-Not-Call Bill ** Bell Predicts Big Shift to New Services ** Telus Sees Wireless-Driven Growth ** Nortel Reports Slip in Sales ** SuperPages Retreats ** AOL Enters VoIP Market ** Winnipeg Firm Offers $14.95 VoIP ** Bell Plans 3G Wireless Service ** RIM Loses Another Round ** Ted Rogers Gets Contract Extension ** Canadian Firm Takes Over NANPA Fund ** Unbundled Access to Bell ADSL Approved ** MTS-Allstream Slams Bell CSAs ** Telus Takes Stake in IP Unity ** Telehop Enters Atlantic Provinces ** Telus to Buy Back Shares ** TeraGo Buys Regional Carrier ** Onlinetel Moves to Cuts Costs ** Telecom Executive Roundtable ============================================================ WE'RE TAKING A BREAK: Telecom Update is taking a winter break. The next regular issue will be published on Monday, January 10. OTTAWA TABLES DO-NOT-CALL BILL: Bill C-37, tabled December 13 by Industry Minister David Emerson, will empower the CRTC to establish a national do-not-call list, and to impose fines of $1,500 per call on individuals, and $15,000 on corporations, for violating telemarketing rules. The cost of operating the list is to be recovered from telemarketers. ** After the bill passes, the CRTC will hold public consultations on how the list will operate, how much it will cost, and whether any types of calls should be exempt. The list is unlikely to be operational until late 2005 or 2006. www.parl.gc.ca/38/1/parlbus/chambus/house/bills/government/C-37/C-37_1/C-37-3E.html BELL PREDICTS BIG SHIFT TO NEW SERVICES: At a conference for investment analysts last week, BCE CEO Michael Sabia said that the percentage of Bell Canada revenues coming from new services such as wireless, video, high-speed Internet, and IP networking would rise from 40% today to 55% in 2006. ** Bell and Microsoft have announced a "strategic initiative" which will integrate telecom services and Microsoft software for small and mid-size businesses. The two companies plan a joint incubation lab to develop additional integrated services, and to operate customer education programs. ** BCE Inc. has raised its annual common share dividend by 10%, to $1.32 per share. This is the company's first dividend increase in over a decade. TELUS SEES WIRELESS-DRIVEN GROWTH: Telus Corp. last week forecast that its 2005 earnings per share will be 8% to 21% higher than in 2004. A wireline EBITDA decline of 2% to 5% will be offset by wireless EBITDA growth in the 19% to 23% range, said CFO Robert McFarlane. NORTEL REPORTS SLIP IN SALES: According to its "limited estimated unaudited" results, Nortel had sales of US$2.27 billion in the third quarter, down 10% from the average of the first two quarters. Nortel expects fourth quarter revenues of $2.9 billion and a third quarter loss of $0.06 per share. SUPERPAGES RETREATS: SuperPages Canada, publisher of telephone directories bearing the Telus brand, has decided to stop publishing directories in Saskatchewan, Manitoba, Ontario, the Maritimes, and some areas of Quebec. The decision means that SuperPages books will once again be published only in areas where Telus is the incumbent telephone company. Five hundred employees will lose their jobs. ** SuperPages was formed in 2001 when Dallas-based Verizon Information Services bought Telus's directory publishing business for $810 million. AOL ENTERS VoIP MARKET: AOL Canada plans to offer a residential VoIP service across Canada in 2005, beginning in Greater Toronto next month. Basic service including voicemail and other features will be $34.95/month. WINNIPEG FIRM OFFERS $14.95 VoIP: Ravon, a VoIP service from Winnipeg-based Modern Digital Communications, provides basic local calling to users across Canada for $14.95/month. BELL PLANS 3G WIRELESS SERVICE: Bell Canada has begun a trial in Toronto of EVDO (Evolution, Data Optimized) technology that will support wireless data speeds up to 2.4 Mbps. The company says it will roll out commercial service in major cities in 2005 and 2006. RIM LOSES ANOTHER ROUND: A U.S. appeals court has upheld a lower court ruling that Research In Motion infringed on patents of NTP Inc., but has sent the case back to the district court for further argument. (See Telecom Update #437) TED ROGERS GETS CONTRACT EXTENSION: The Board of Directors of Rogers Communications has extended the employment contract of President and CEO Ted Rogers from December 31, 2006, to June 30, 2008. CANADIAN FIRM TAKES OVER NANPA FUND: Welch & Company, an Ottawa-based accounting firm, is now the Billing and Collection Agent for the North American Numbering Plan Administration (NANPA) Fund, which collects money from telecom carriers to finance administration of the telephone numbering system. UNBUNDLED ACCESS TO BELL ADSL APPROVED: The CRTC has given interim approval to Bell tariffs for Gateway Access Service and High Speed Access Service, which will allow competitors to provide high-speed access using Bell's ADSL facilities. www.crtc.gc.ca/archive/ENG/Orders/2004/o2004-418.htm MTS-ALLSTREAM SLAMS BELL CSAs: In September, the Federal Court dismissed Bell Canada's appeal of the CRTC's order to disclose details of its Customer Specific Arrangements (see Telecom Update #401, 414). Bell has since refiled these CSAs, in Tariff Notices 817 to 843. Allstream has now submitted a detailed critique, charging that many of the tariffs are still incomplete or non-compliant and should be turned down. http://decisions.fca-caf.gc.ca/caf/2004/2004caf295.shtml www.crtc.gc.ca/8740/eng/2004/b20_818.htm TELUS TAKES STAKE IN IP UNITY: Telus Ventures has made a "strategic investment" in IP Unity, the California-based company that provides voicemail and e-mail technology for Telus's IP-One hosted IP-PBX service. The amount of the investment was not revealed. TELEHOP ENTERS ATLANTIC PROVINCES: Telehop Communications, operator of the 10-10-620 dial-around long distance service, has signed a Billing and Collection Agreement with Aliant, allowing it to offer service in the four Atlantic provinces. TELUS TO BUY BACK SHARES: Telus Corporation has received TSX approval to purchase up to 14 million of its common shares and up to 11.5 million of its non-voting shares, about 7% of the outstanding shares in each category. TERAGO BUYS REGIONAL CARRIER: TeraGo Networks has added seven cities in southwest Ontario to its fixed wireless broadband network through the purchase of WorldWithoutWire, a regional carrier based in Waterloo, Ontario. ONLINETEL MOVES TO CUTS COSTS: Eiger Technology, parent of Newlook Industries, which offers LD services under the name Onlinetel, reports several measures to cut costs, including selling a facility in Stratford and bringing its outsourced call centre back in house. Newlook President Neil Romanchych, hired last spring, will leave the company on December 31. ** Eiger CEO Gerry Racicot says Newlook will return to positive cash flow in 2006. TELECOM EXECUTIVE ROUNDTABLE: Coming soon -- a special issue of Telemanagement, featuring exclusive articles by 13 industry leaders, and comments from dozens of enterprise managers, on the most important issues in enterprise telecom and networking in 2005. ** Contributors include top executives from: Allstream, Avaya, Bell Canada, Cisco, Delphi Solutions, IBM, Intel, Mitel, Nortel, OneConnect, Primus, Sprint Canada, and Telus. ** This special issue, for subscribers only, will be published on January 3. To start your subscription with this special issue, go to www.angustel.ca/teleman/tm-sub-online.html. ============================================================ HOW TO SUBMIT ITEMS FOR TELECOM UPDATE E-MAIL: editors@angustel.ca FAX: 905-686-2655 MAIL: TELECOM UPDATE Angus TeleManagement Group 8 Old Kingston Road Ajax, Ontario Canada L1T 2Z7 =========================================================== HOW TO SUBSCRIBE (OR UNSUBSCRIBE) TELECOM UPDATE is provided in electronic form only. There are two formats available: 1. The fully-formatted edition is posted on the World Wide Web on the first business day of the week at www.angustel.ca 2. The e-mail edition is distributed free of charge. To subscribe, send an e-mail message to: join-telecom_update@nova.sparklist.com To stop receiving the e-mail edition, send an e-mail message to: leave-telecom_update@nova.sparklist.com Sending e-mail to these addresses will automatically add or remove the sender's e-mail address from the list. Leave subject line and message area blank. We do not give Telecom Update subscribers' e-mail addresses to any third party. For more information, see www.angustel.ca/update/privacy.html. =========================================================== COPYRIGHT AND CONDITIONS OF USE: All contents copyright 2004 Angus TeleManagement Group Inc. All rights reserved. For further information, including permission to reprint or reproduce, please e-mail rosita@angustel.ca or phone 905-686-5050 ext 500. The information and data included has been obtained from sources which we believe to be reliable, but Angus TeleManagement makes no warranties or representations whatsoever regarding accuracy, completeness, or adequacy. Opinions expressed are based on interpretation of available information, and are subject to change. If expert advice on the subject matter is required, the services of a competent professional should be obtained. ============================================================ JOHN RIDDELL jriddell@angustel.ca Angus TeleManagement Group http://www.angustel.ca 8 Old Kingston Road Tel: 905-686-5050 x226 Ajax Ontario L1T 2Z7 Canada Fax: 905-686-2655 ------------------------------ From: Lisa Minter Date: Mon, 20 Dec 2004 11:39:15 -0500 Subject: Jeff Pulver Offers IP Communications Predictions for 2005 http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=109&STORY=/www/story/12-20-2004/0002669321&EDATE World Renowned VoIP Thought Leader Jeff Pulver Offers IP Communications Predictions for 2005 http://www.pulver.com http://pulverblog.pulver.com Pulver Predicts Burnout of Some VoIP Start-Ups, Major Carrier VoIP Announcements, FCC and Regulatory Actions, the Growth of Wireless Vs. Wireline, and More MELVILLE, N.Y., Dec. 20 /PRNewswire/ -- VoIP pioneer Jeff Pulver, who is responsible for creating the industry standard Voice on the Net (VON) events and is known as the "voice" of IP Communications, has announced a number of predictions for what will happen to the VoIP industry in the year ahead. His predictions for 2005 are: 1) VoIP in the USA will cross the "early-adopter chasm." 2) Broadband penetration will begin to snowball in the US, but not at a pace fast enough to raise America's mediocre global standing in broadband penetration. 3) We will see the restart of VoIP IPOs, and we will also see some VoIP startups burning-out due to lack of marketing funds and customer base ... and vision. 4) Still more major carrier VoIP announcements, as well as significant product announcements from major non-carriers (including software and Internet giants). 5) New battle lines and tangling alliances will form between and among carriers, vendors, and application providers and debate will grow over the continuing role for unaffiliated, non-carrier VoIP providers. 6) (a) The FCC will not establish an IP-Communications Bureau. (b) The FCC will release an Order in the IP-Enabled Services Proceeding, setting forth a broad, hands-off approach for VoIP. 7) Governments around the world will look harder at VoIP regulation, and service providers will respond by stepping up their efforts to deploy industry-based solutions for many of the social issues confronting the industry (e.g., emergency response, lawful intercept). 8) The pace of Wireless replacement of Wireline will increase. 9) ENUM (Electronic Numbering) will continue to happen around the world ... and the US will continue to lag. 10) Open Source communications will continue to gain momentum, the effects of which will be felt in the next 12-18 months. 11) IM and incidental communications and applications (such as "presence") will continue to grow unregulated. 12) Universal Service will move to a connections-based system. 13) Access rates and inter-carrier compensation will trend down (although the long-anticipated unified intercarrier comp reform will not be seen in '05.) 14) Sides will be drawn further as Congressional debate grows over the likely rewrite of the Communications Act. We will find out who our friends are and who has just been paying us lip-service. 15) 2005 might be the year of Bluetooth. 2005 will see the emergence of the first dual, or multi-mode, phones capable of switching from WiFi to mobile wireless (and perhaps to landline). "We are in the midst of a VoIP communications revolution," said Jeff Pulver, chairman of Pulver.com Enterprises. "The buzz surrounding the international VoIP industry continues to grow, and it's important for everyone to understand and take advantage of the changes taking place. IP Communications is 'disruptive' communications in the most positive sense, and it will dramatically enhance the ways in which we communicate." Pulver publishes a blog that offers unique insight into the state of the IP Communications industry. This blog, which is updated daily (and sometimes more often than that) addresses all-things-VoIP, from the technical (i.e., service and product innovations, extensions of concept) to the political (Governmental concerns, hearings and rulings, any and all issues-based subject matter). The Jeff Pulver Blog can be easily accessed at http://pulverblog.pulver.com/ , and reader comments are welcome (and typically result in a speedy reply!). About Jeff Pulver Jeff Pulver is one of the true pioneers of the Internet telephony/VoIP industry with more than a decade of hands-on experience in IP Communications and innovation. He is the publisher of The Pulver Report and VON magazine, and creator of the industry standard Voice on the Net (VON) conferences, where all sectors of the IP Communications industry come together to discuss, debate, and advance the industry. Additionally, Mr. Pulver is the founder of a number of IP Communications companies. Mr. Pulver has testified before the FCC, the United States Congress, and numerous agencies that have a growing interest in IP Communications. Named by BusinessWeek as one of their 2003 "Gurus of Technology," Mr. Pulver is committed to the future of IP Communications and is featured often in the media as a true expert in his field. About Pulver.com Enterprises The Pulver.com group of companies strives to promote the IP industry and change the way people communicate through new, enabling, innovative IP Communications technologies. The group focuses on IP hardware, software, and communications services, demonstrating that IP Communications makes it possible to do new things with telecommunications that can't be done with the traditional PSTN network. Pulver.com Enterprises owns a number of companies including Free World Dialup, LibreTel, pulverInnovations, and Blue Lava Software, and is headed by IP Communications entrepreneur and globally renowned thought leader, Jeff Pulver. Reader Contact Information Pulver.com Enterprises, 115 Broadhollow Road, Suite 225; Melville, NY 11747; Tel: 631-961-8950, Fax: 631-293-3996, http://www.pulver.com . Company Contact: Press Contact: Diana Caporale Alan Weinkrantz 631-961-8986 210-820-3070 ext. 103 dcaporale@pulver.com alan@weinkrantz.com SOURCE Pulver.com Enterprises Web Site: http://www.pulver.com http://pulverblog.pulver.com ------------------------------ Date: Mon, 20 Dec 2004 02:49:47 -0500 From: Marcus Didius Falco Subject: Sprint's Merger With Nextel http://economist.com/agenda/displayStory.cfm?story_id=3D3499537 And then there were four From The Economist print edition Why America's latest wireless merger makes sense and its implications FROM six to five, and now four: the oft-repeated prediction that America s fragmented wireless telecoms industry would consolidate finally came true in 2004. In October, Cingular completed its $41 billion purchase of AT&T Wireless, leapfrogging Verizon Wireless to become the nation s largest wireless operator (see chart). And on Wednesday December 15th, Sprint and Nextel, the third- and fifth-largest operators, announced a merger of equals in reality, the acquisition by Sprint of Nextel for around $36 billion. The combined firm will be called Sprint Nextel. Both deals were driven in large part by technology, which placed constraints on who could merge with whom. Unlike Europe, where wireless operators all use a system called GSM, America s operators use several different and incompatible standards. Verizon and Sprint use a technology called CDMA, while Cingular, AT&T Wireless and T-Mobile have GSM networks (which explains why Cingular and AT&T Wireless made a logical partnership). Nextel, however, uses a proprietary system called iDEN, made by Motorola, which has both strengths and weaknesses. Mobile telecommunications Its main strength is its acclaimed push to talk feature, which allows Nextel handsets to be used like walkie-talkies, though the calls are in fact routed over the cellular network. As a result, Nextel has long been the choice of construction workers and maintenance technicians; other consumers love the walkie-talkie feature too. It explains Nextel s unrivalled customer loyalty and average revenue per user, both key industry metrics. But as the industry upgrades to high-speed third generation (3G) networks, which offer both extra voice capacity and fast internet access, there is no upgrade path for iDEN so Nextel must switch to another= technology. It has been evaluating two options. The first is another proprietary technology, called Flash-OFDM, made by a firm called Flarion. This is sometimes referred to as a 4G technology, but is already available: Nextel has a small Flarion network running in North Carolina. While it works well as a wireless-broadband technology for PCs and laptops, however, the technology is not yet supported in mobile phones. So Nextel was also evaluating the high-speed version of CDMA, called EV-DO. Verizon Wireless is already deploying it, and Sprint, after much dithering, recently announced that it would do so too. For Nextel, the benefit of EV-DO is that handsets already exist, and it is possible to implement push-to-talk functionality, on a par with Nextel s existing service, on an EV-DO network. Customers can therefore be moved from iDEN to EV-DO without having to give up the feature they value most. Hence the logic of merging with Sprint, which is also committed to EV-DO. The deal makes sense for other reasons too. Nextel has lots of business customers, an area where Sprint is weak. The combined firm will have greater economies of scale and more bargaining power with handset and equipment suppliers. And the decision to spin off Sprint s regional fixed-line division paves the way for Sprint Nextel to strike deals with America s cable operators. They want to add wireless telephony to their service bundles, better to compete with America s regional fixed-line incumbents, the Baby Bells. Sprint and Nextel already rent network capacity to smaller operators such as Virgin Mobile and Boost, so they know how to support such virtual operators . The merger requires regulatory approval, but that is likely to be forthcoming, since the deal is smaller than the Cingular/AT&T Wireless transaction and will clearly enhance competition. Shareholders are also likely to approve. A rumoured counter-bid for Sprint from Verizon Wireless, which could derail the deal, seems unlikely not least because regulators would probably object. But many hurdles remain. Integrating the two firms various networks will be tricky; another worry is that the corporate cultures will clash. Nextel has an entrepreneurial, innovative culture, while Sprint is formal and conservative, says Raul Katz of Adventis, a consultancy. Yet perhaps the most significant aspect of the deal concerns not 3G, but 4G. Between them, Sprint and Nextel own nearly all the spectrum licences for the unused 2.5GHz frequency band. The combined firm will be able to use this prime wireless real estate to build a 4G network, perhaps using Flarion s technology or WiMax, an emerging wireless-broadband standard. In the short term, the merger helps Sprint Nextel catch up with Verizon and Cingular in the 3G stakes. But beyond that, it also gives the new firm a head start in 4G. Copyright The Economist Newspaper Limited 2004. 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, Economist Newspapers. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml ------------------------------ From: Lisa Minter Subject: P2P Battle Shifts to High Court Date: Mon, 20 Dec 2004 10:33:07 EST NEW YORK (Billboard) - The U.S. Supreme Court is about to play a vital role in determining the fortunes of the music industry. Its decision in the so-called Grokster case will finally clarify the industry's ability to control peer-to-peer technology through existing law. In so doing, the court will influence the industry at every level, including its ability to invest in artists and songwriters, entertainment industry lawyers say. The High Court on Dec. 10 gave the nod to record labels, music publishers, songwriters and major motion picture studios, agreeing to review the Ninth Circuit Court of Appeals decision that ruled that P2P operators Grokster and StreamCast were not liable for copyright infringements by users of their file-sharing technology. Gregory Garre, a partner with Hogan & Hartson in Washington, D.C., highlights the significance of the court's decision to hear the case. Only about 100 cases out of roughly 8,000 petitions filed each year are granted review by the court, he says. Garre, formerly with the Solicitor General's office within the Department of Justice now heads the firms Supreme Court practice. He believes the justices will have two concerns as they review this case. First, they will focus on whether the P2P services facilitate a blatant way for users to defeat copyright laws, threatening this important form of intellectual property. BETAMAX PRECEDENT While the Supreme Court in 1984 held that Sony Corp of America was not liable for any copyright infringement by users of its Betamax video recorder, Garre notes, the evidence in the Grokster case is different. Most people used the Betamax for lawful reasons -- to watch recorded TV programs at a later time. In the Grokster case, the record shows that the substantial majority of P2P users infringe copyrights, he says. The court also will be sensitive to the fact that its ruling may have dramatic effects in the marketplace for technology and entertainment, Garre says. Its ruling will reflect careful consideration of these concerns, he predicts. None of the lawyers Billboard contacted believe the court's decision will change the 1984 Sony Betamax decision. "It has served the law well for the last 20 years," Garre says. The justices will most likely interpret that decision and apply it to current technology. As the nine justices consider the issues and listen to oral arguments, expected to be scheduled for March, they will take a common-sense approach, Garre says. While appellate courts focus on applying legal precedent, he explains, the Supreme Court tends to be concerned with the practical dimensions of their decisions. The justices could explore alternative ways to restrict copyright infringement on the P2P networks, says Marc Jacobson, of Greenberg Traurig in New York. The court could send the case back to the District Court in Los Angeles -- where it is still pending on other issues -- for that court to explore the alternatives and then apply rules provided by the Supreme Court. FRIENDS OR FOES? The parties to this case won't be the only ones raising issues with the court, Garre notes. "This is the kind of case that is going to attract an enormous amount of amicus briefs." Anyone with an interest in the case may file a "friend of the court" brief with consent of the parties, which is rarely denied. This could prove troublesome to the parties, however. While some organizations may coordinate their efforts with one side, they are not required to do so, Garre says. Their interests could undermine a strategy developed by the parties they support. Amicus briefs will be especially important in educating the court in how the technology works and why these issues are so important, Garre adds. The decision is expected before the court adjourns for the summer. A wild card in the process is whether Chief Justice William Rehnquist who is ailing, will take part in the decision. Rehnquist was a dissenter in the Sony Betamax case. In the meantime, the industry continues to face an uncertain future. "We're going to have to get a handle on digital piracy in order to get investors comfortable and to restore stability in the recording and publishing industry," says Michael Elkin, with Thelen Reid & Priest. Pending copyright-related legislation is likely to stay on hold until the court rules. Reuters/Billboard 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 Reuters/Billboard News Service. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml ------------------------------ From: Mark Crispin Subject: Re: USATODAY.com - Airborne Cell-Phone Ban Likely to Remain For Now Date: Sun, 19 Dec 2004 22:03:54 -0800 Organization: University of Washington On Sun, 19 Dec 2004, Joseph wrote: > You're really lucky that someone hasn't slugged you yet for your > obnoxious behavior. In case you weren't aware, assault is a felony, punishable with fines and jail time. I am also quite capable of self-defense from criminal attack. You need to learn to restrain your violent impulses. When you grow up, you will learn that you can not solve your problems with violence. On Sun, 19 Dec 2004, AES/newspost wrote: > I think I knew you or knew of you, in long-ago Stanford computer > center days (?); and it looks like you've inherited more Charles > Bronson genes, and I've inherited more Walter Mitty genes. Tony, it has nothing to do with Charles Bronson. It has everything to do with shaming those who impose their loud cell phone conversations on an unwilling and captive audience. Increasingly, there are laws and/or regulations banning use of cell phones in public places. Cell phone jammers are illegal in the US, but they are being deployed increasingly. This not a good thing; someone will die some day because of a jammer. Nevertheless, this is the natural result of abusive cell phone use; and will get worse unless people pay more attention to mobile phone manners. -- Mark -- http://staff.washington.edu/mrc Science does not emerge from voting, party politics, or public debate. Si vis pacem, para bellum. ------------------------------ From: jmeissen@aracnet.com Subject: Re: USATODAY.com - Airborne Cell-Phone Ban Likely to Remain For Now Date: 20 Dec 2004 15:59:35 GMT Organization: http://extra.newsguy.com In article , Joseph wrote: > On Sat, 18 Dec 2004 17:07:08 -0800, Mark Crispin > wrote: >> I start mocking their conversation, in a loud enough tone of voice >> that they can hear me. > You're really lucky that someone hasn't slugged you yet for your > obnoxious behavior. You seem to think that their being obnoxious is > license for you to be as well, eh? Sounds good to me. :-) Teaching by example can be very effective. >> It's quite effective. > Until some guy socks you in the mouth for commenting on his private > conversation. If it's held in a public place, and broadcast for all to hear, then it's no longer private. John Meissen jmeissen@aracnet.com ------------------------------ From: Tony P. Subject: Re: Is 'Transitional Fair Use' The Wave Of The Future? Organization: ATCC Date: Sun, 19 Dec 2004 23:07:25 -0500 In article , devilspgd@crazyhat.net says: > In message Tony P. > wrote: >>>> I love how the cable companies harp on the fact that satellite >>>> transmission can be interrupted by rain, and then one of their own >>>> carried stations goes off the air because you guessed it, weather >>>> interfered with the cable companies OWN satellite reception. >>> While true, it takes a lot more weather to take out a 6' dish then a >>> 20" dish. >> It can be misting here and we lose channels. Anytime water is involved >> you can kiss centimeter or lower bands goodbye. > To tie it in to the cable-vs-satellite argument, does it take out any of > the cable company's channels? It takes out things like Discovery, TNT, AMC, etc. all of which are delivered via satellite. ------------------------------ From: BobGoudreau@withheld on request Subject: Re: Is 'Transitional Fair Use' The Wave Of The Future? Date: Mon, 20 Dec 2004 11:58:26 -0500 [Please make sure my email address is removed from both this message and from the issue's table of contents. Thanks] Dave Close wrote: > When CNN first started Headline News, back before Gulf War One, they > were still a bootstrap operation and very short of money HLN used a > single anchor and no remote correspondents. Video was bought from > local stations and presented with the anchor's voice-over. That was > much less expensive than the present programming. I think this overstates the situation slightly. When my family first got cable TV in the summer of 1982 (almost 9 years before the Kuwait war), I remember that it included two separate 24-hour news stations. One was CNN, which was already starting to make its mark, though not yet as famous as the aforementioned war would eventually make it. The other was its new sister station called "CNN2", which had been launched at the beginning of that same year, and wouldn't be renamed to "CNN Headline News" until the following year. It was clear from the start that CNN2's role in life was to be a summary-serving companion for its big brother. It's true that there was a single anchor at a time, but its content came (as it still does) from CNN. Of course, some of that content was (and is) purchased from other news sources, including local news teams, but even back then, CNN did have correspondents of its own. Bob Goudreau Cary, NC ------------------------------ Date: 20 Dec 2004 03:35:51 -0000 From: John Levine Subject: Re: Speaking of Giving up Landline For Cellphone Organization: I.E.C.C., Trumansburg NY USA In article you write: > Is there any kind of gadget available to interface with a cellphone > (perhaps via the headset connection) that would allow you to plug your > cellphone into it when you are at home, and have it provide your own > little local phone system over your old phone wires so that you could > use any phone in the house to make a call on the cellphone and have > all the phones in the house ring when the cellphone rings? Mike Sandman sells devices that do just that, at http://www.sandman.com/pouches.html (It's on the same page as cell phone belt pouches.) Regards, John R. Levine, IECC, POB 727, Trumansburg NY 14886 +1 607 330 5711 johnl@iecc.com, Mayor, http://johnlevine.com, Member, Provisional board, Coalition Against Unsolicited Commercial E-mail [TELECOM Digest Editor's Note: I have one of those devices from Mike. Mine is called 'cell socket' and my cellular phone sits right inside the device. It charges the phone battery, and allows the phone to be used from any regular phone which plugs in with a modular connector. I can use it with a 'total com' PBXtra box by plugging the Cell Socket into one of the 'dial 9' level ports on the PBXtra (which Mike also offers in his catalog). From any phone, dial 9 and get dialtone from the cell phone (via cell socket). Or when cell phone (via cell socket) rings, the phone attached to PBXtra as the default for incoming calls will ring as well, or a common audible will ring and dialing *7 from any phone allows it to be answered. I put my Vonage phone in another port on the PBXtra as well to do the same thing with it, then the remaining five ports (of the eight ports on PBXtra) allow me to answer any phone (landline, Vonage or cell phone) from any phone in my house, or transfer any call to any other extension. These devices (PBXtra units) are great for people who have a large house (but a small amount of phone traffic) but want the flexibilty of all phones at all locations, and they are fully programmable by the user. For example, I have my one landline phone as dial 9 for outgoing calls, my Vonage line as dial 8 for outgoing calls, and my cell phone on the cell socket as dial 7 for outgoing calls. The common audible tells me when any of them have an incoming call, and *7 allows me to answer whatever line is ringing. You definitly need to check Mike Sandman's catalog if you have not recently. Look at http://www.sandman.com . One disadvantage is no caller ID available on it. PAT] ------------------------------ From: DevilsPGD Subject: Re: AFA (Flight Attendants) Opposes In-Flight Cell Phone Use Date: Sun, 19 Dec 2004 20:56:35 -0700 Organization: Octanews In message n28110 wrote: > As a wearer of a cellular phone for work reasons, I'm absolutely > amazed at the numer of people who power up the phone the instant the > plane leaves the active runway onto the taxiway, only to call their > (I'm assuming) loved ones to let them know that the plane has > successfully smacked onto the ground. I did exactly that on my last two flights -- Well, I wasn't calling "loved ones", I was calling the people I was meeting to let them know they should get off their asses and drive to the airport. ------------------------------ Date: Mon, 20 Dec 2004 00:37:04 -0600 From: Neal McLain Subject: Re: Cable TV Advertising (was 'Transitional Fair Use'...) I wrote: > Gee, I'd sure like to know who "they" are. PAT wrote: > [TELECOM Digest Editor's Note: Well, I do not know who 'they' > were either, but I distinctly remember sometime the late 1950's > hearing about how 'cable television stations will not have > commercials since the fee you pay for service takes care of all > that ..." PAT] I think whoever told you that was either misinformed or pulling your leg. In the late 1950's, very few cable TV systems carried anything other than broadcast stations (which, of course, included advertising). Although a few cable systems originated some programming, it was pretty primitive stuff. As it happens, the "Weather Scan" was introduced in 1958 -- the industry's first attempt at automated programming. The Cable Center's history-of-cable page describes this device as follows: 1958-59 Systems begin carrying FM radio stations and "weather scans" (a stationery camera pans between gauges showing local temperature, barometric pressure, wind, etc.). Weather scans provide an additional opportunity to sell local advertising with the advertiser's message printed on a fixed placard beside the gauges. Customers can also listen to background music while they watch the weather information. Source: "Cable History: 1950." Denver: The Cable Center, 2004. http://www.cablecenter.org/history/timeline/decade.cfm?start=1950 This link includes a photograph of the device. The Weather Scan should sound familiar to PAT: it's the same "weather dials" device that Coffeyville Community College used on their Channel 4 station back in the 60s. See: http://massis.lcs.mit.edu/archives/back.issues/recent.single.issues/V23_%23529 Note that the Weather Scan, primitive though it was, established a precedent for advertising support of local-origination programming: "Weather scans provide an additional opportunity to sell local advertising with the advertiser's message printed on a fixed placard beside the gauges." 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