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TOP STORIES FOR WEDNESDAY, JANUARY 15, 2003 Copyright Agreement Reached, Without MPAA Supreme Court Upholds Extended Copyrights Judge Prevents Groups from Appealing Microsoft Settlement AND College Board Abandons For-Profit Venture Using Fake Degrees Could Be a Crime in North Dakota Microsoft to Release Source Code to Governments COPYRIGHT AGREEMENT REACHED, WITHOUT MPAA A press conference Tuesday seemed to signal an end to bickering among the Recording Industry Association of America, the Business Software Alliance, and the Computer Systems Policy Project over how best to address the problem of digital piracy. The three groups outlined seven principles they support, the most visible of which is an opposition to "government mandates" for dealing with piracy. The agreement appeared to be a truce in which the recording industry won't seek technological restrictions on copying, and technology companies won't push for expanded fair use. Notably absent from the agreement was the Motion Picture Association of America, which has been vocal in its commitment to any measures, including government regulation, to thwart the illegal copying and sharing of copyrighted material. Also not included in the agreement is the Consumer Electronics Association. CNET, 15 January 2003 http://news.com.com/2100-1023-980671.html SUPREME COURT UPHOLDS EXTENDED COPYRIGHTS In a not-unexpected decision Wednesday, the U.S. Supreme Court upheld the extension to copyright that Congress enacted in 1998. Without the extension, copyrights on movies including "Casablanca," "The Wizard of Oz," and "Gone With the Wind," as well as on an early version of Mickey Mouse, would have expired or would soon expire, potentially costing the companies that own those copyrights hundreds of millions of dollars. Eric Eldred had challenged the extension in court. Denying the challenge, the Supreme Court ruled that neither did Congress overstep its authority in granting the extension, nor does the extension violate constitutional rights of free speech. In 1790, copyright lasted 14 years; the 1998 action by Congress places copyright limits at 70 years after the death of the creator, or, for works owned by corporations, 95 years. The Bush administration had indicated to the court that in its opinion Congress had the right to grant the extension, even if justices personally did not agree with it. San Jose Mercury News, 15 January 2003 http://www.siliconvalley.com/mld/siliconvalley/4953377.htm JUDGE PREVENTS GROUPS FROM APPEALING MICROSOFT SETTLEMENT Judge Colleen Kollar-Kotelly has blocked attempts by two organizations to appeal the recent settlement between Microsoft and the U.S. Justice Department. The Software and Information Industry Association and the Computer and Communications Industry Association are free to file their own antitrust suits against Microsoft, according to Kollar-Kotelly, but they lack the legal standing to appeal the previous settlement, which is the government's case. West Virginia and Massachusetts continue to appeal the settlement to try to stiffen the penalties against the software company. Analysts said this decision, as well as a settlement announced in a California class-action suit, position Microsoft well to focus on the future. They point to recent efforts to expand into new markets as evidence that the company is working to move past the antitrust lawsuits. NewsFactor Network, 15 January 2003 http://www.newsfactor.com/perl/story/20458.html AND ***************************************************** COLLEGE BOARD ABANDONS FOR-PROFIT VENTURE The College Board announced that it will close its for-profit venture, collegeboard.com, due to continued weakness in the technology sector. Although collegeboard.com draws more visitors than competitors such as the Princeton Review, ACT, and Peterson's, the venture only recently reached the break-even point, according to Gaston Caperton, president of the College Board. With no imminent turnaround expected in online advertising dollars, continuation of the site no longer made sense. Even as the College Board refocuses itself as a nonprofit organization, the Educational Testing Service (ETS), which produces the SAT tests that the College Board administers, continues its move toward a for-profit model. The organization of ETS increasingly reflects corporate structures and practices, including corporate-style bonuses, and a growing portion of ETS revenue comes from its two for-profit subsidiaries, the Chauncey Group and ETS Technologies. The heads of ETS and the College Board, however, asserted that their organizations continue to enjoy a positive relationship and have recently signed a new five-year contract. New York Times, 14 January 2003 (registration req'd) http://www.nytimes.com/2003/01/14/business/14COLL.html USING FAKE DEGREES COULD BE A CRIME IN NORTH DAKOTA A bill is making its way through the North Dakota legislature that would make it a misdemeanor to obtain employment, education, or other personal gain from using a degree from a diploma mill. Diploma mills are defined as organizations that grant degrees but are not accredited by an agency recognized by the U.S. Department of Education or a non-U.S. equivalent. A speaker at a legislative committee meeting cited the example of Concordia College and University, located in the Caribbean. Concordia College and University grants degrees ($599 for a bachelor's, $699 for a master's, and $1,099 for a doctorate) based on life experience. No classes or exams are required, and the institution's Web site says most degrees are granted within 12 hours of application. The North Dakota bill was introduced by State Rep. RaeAnn G. Kelsch, who said the bill in intended, at the least, to make people aware that diploma mills exist. A few other states, including Oregon and New Jersey, already have similar laws. Chronicle of Higher Education, 15 January 2003 http://chronicle.com/free/2003/01/2003011501t.htm MICROSOFT TO RELEASE SOURCE CODE TO GOVERNMENTS In an apparent move to stanch the loss of its customers--including many from governments around the world--to open-source software, Microsoft will make its source code available to several governments and government agencies free of charge. According to Microsoft, seeing the source code will allow those governments to make their own determinations about the security of the company's products and to develop applications that will work with Windows. Those who are able to access the source code will not be permitted to modify it or distribute it. Michael Gartenberg of Jupiter Research called the move "brilliant," handing Microsoft a PR win, answering critics in the open-source community, and giving many governments a reason to continue doing business with Microsoft rather than migrating to a new operating system. Washington Post, 15 January 2003 http://www.washingtonpost.com/wp-dyn/articles/A57396-2003Jan14.html ***************************************************** EDUPAGE INFORMATION To subscribe, unsubscribe, or change your settings, visit http://www.educause.edu/pub/edupage/edupage.html Or, you can subscribe or unsubscribe by sending e-mail to [EMAIL PROTECTED] To SUBSCRIBE, in the body of the message type: SUBSCRIBE Edupage YourFirstName YourLastName To UNSUBSCRIBE, in the body of the message type: SIGNOFF Edupage If you have subscription problems, send e-mail to [EMAIL PROTECTED] For past issues of Edupage or information about translations of Edupage into other languages, visit http://www.educause.edu/pub/edupage/edupage.html ***************************************************** OTHER EDUCAUSE PUBLICATIONS EDUCAUSE publishes periodicals, including "EQ" and "EDUCAUSE Review," books, and other materials dealing with the impacts and implications of information technology in higher education. 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