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RAIN 826 Weekly Update: Legal (10)



Des Moines Register 8/15/02
Register sues to get hospital records
Broadlawns has refused to release e-mails and memos that the newspaper says are open to the public.
http://desmoinesregister.com/news/stories/c4788993/18968981.html


Arizona Daily Star 8/18/02
Woman blazed paper trail to win $5M from credit bureau
By Kathy Kristof
Judy Thomas has three words of advice for consumers who are trying to eradicate incorrect information from their credit reports: Document, document, document.
http://www.azstarnet.com/star/sun/20818kristofcolumn--vei2fjmd.html


St. Louis Post-Dispatch 8/18/02
Federal grand jury here issues subpoena for Charter's records
By Chern Yeh Kwok
Charter Communications Inc. says a federal grand jury in St. Louis requested
documents relating to its accounting practices. The subpoena came nearly a month
after an analyst voiced concerns about Charter's bookkeeping.
The company, based in Town and Country and controlled by Microsoft Corp. cofounder
Paul G. Allen, said Friday that it's cooperating with the subpoena.
http://www.stltoday.com/stltoday/business/stories...re%20issues%20subpoena%20for%20Charters%20records



Miami Herald 8/20/02
Did ImClone destroy files?
BY JONATHAN D. SALANT
Associated Press
WASHINGTON - Executives of biotech firm ImClone Systems may have destroyed records sought by congressional investigators, a House committee chairman said Monday.
In addition, a spokesman for the House Energy and Commerce Committee said there is evidence that the former president of ImClone, Samuel Waksal, lied to panel investigators.
http://www.miami.com/mld/miamiherald/business/national/3897514.htm


CNNMoney 8/20/02
Martha hands over docs
Complying with Congress, Stewart turns over records related to ImClone.
NEW YORK (CNN/Money) - About 1,000 pages of documents detailing Martha Stewart's phone calls and e-mails have been delivered to a congressional panel looking into whether the high-profile CEO illegally profited from insider information on ImClone Systems.
http://money.cnn.com/2002/08/20/news/martha/index.htm


Darwin 8/21/02
It Oughta Be the Law -- Just Maybe Not This One
Should state agencies be allowed to require the use of open source software?
By Art Jahnke
August 21, 2002 — Send a programmer to do a lobbyist’s job and you end up with a misnomer like the Digital Security Software Act, the most provocatively, and wrongly, named proposal for a state law governing IT to hit California in years. The proposal, which is being shopped around the California state assembly for support, would require all California state agencies to use only open source software for all future applications. According to the Associated Press, it is gaining support among “hackers, civil libertarians, and people opposed to Microsoft’s dominance of the global software industry,” a category composed, presumably, of everyone who doesn’t work for Microsoft.
http://www.darwinmag.com/connect/opinion/


New York Times 8/21/02
Martha Stewart Gives Panel Records in ImClone Inquiry
http://www.nytimes.com/2002/08/21/business/21MART.html?



ComputerWorld 8/23/02
UCITA still haunts IT
By PATRICK THIBODEAU
WASHINGTON -- It's been called a time bomb, code capable of disabling software, and some users fear its use could become pervasive if the controversial software law UCITA succeeds.
The Uniform Computer Information Transaction Act (UCITA), due for a renewed push for state-by-state adoption next year, lets vendors include code to trigger a shutdown if, for instance, a user's license has expired.
http://www.computerworld.com/governmenttopics/government/legalissues/story/0,10801,73740,00.html


Washington Post 8/24/02
Probe of Hill Leaks on 9/11 Is Intensified
By Dana Priest
The FBI has intensified its probe of a classified intelligence leak, asking 17 senators to turn over phone records, appointment calendars and schedules that would reveal their possible contact with reporters.
In an Aug. 7 memo passed to the senators through the Senate general counsel's office, the FBI asked all members of the Senate Select Committee on Intelligence to collect and turn over records from June 18 and 19, 2002. Those dates are the day of and the day after a classified hearing in which the director of the National Security Agency, Lt. Gen. Michael V. Hayden, spoke to lawmakers about two highly sensitive messages that hinted at an impending action that the agency intercepted on the eve of Sept. 11 but did not translate until Sept. 12.
http://www.washingtonpost.com/wp-dyn/articles/A55137-2002Aug23.html


Forbes 9/02/02
Paper Jam
Elisa Williams
Hollywood's long-awaited digital revolution could get derailed by a low-tech snag: an inability to figure out who owns what.
News Corp.'s Twentieth Century Fox television unit would love to sell reruns of the circa-1987 Tracey Ullman Show to cable and to Internet sites. But a snarl of contracts with a parade of guest stars, from actor Steve Martin to director Steven Spielberg, keeps the series locked away. The studio must endure the costly, mind-numbing chore of dissecting the contracts for each episode to figure out what rights it still holds.
"Rights are always going to be a hang-up," says Jodie Rea, senior vice president at the Fox unit. "It's a nightmare." As Hollywood frets over the threat of digital piracy and flirts with the promise of new revenue, digital rights management is a legal minefield. Conflicting ownership of films and TV shows-- one company owns the video, another the music, another a particular star--makes the studios wary of inadvertently becoming thieves themselves by overlooking a detail in their contracts. They should worry.
http://www.forbes.com/forbes/2002/0902/188.html?_requestid=3170





Peter A. Kurilecz CRM, CA
pakurilecz@aol.com
Richmond, Va