Latest News 
 
INTELLECTUAL PROPERTY
 
EU's Top Court Finds No Obligation to Name File Sharers in Civil Cases 
 
In a setback for copyright holders, the European Court of Justice ruled Jan. 29 that European Union law does not require private data—in this case the names and addresses of online music file sharers—to be disclosed in civil cases.  In its decision, the court found that there is nothing in community law that requires member states to oblige Internet service providers to turn over subscriber information to music publishers seeking to sue the subscribers for copyright infringement in a civil case.  Productores de Música de España (Promusicae) v. Telefónica de España SAU, 2008 ILRWeb (P&F) 1057.  Subscribers read more ...

Other Intellectual Property news:
 
·  ILR's Overview of Internet Intellectual Property Issues, by Christopher Wolf and Jenifer deWolf Paine, both of Proskauer Rose LLP, has been updated for 2008.
·  Reverse Confusion Unlikely Between Defunct Print and Online Magazines' Use of 'Sly'
·  AIPLA Meeting Features Best Practices for Managing, Enforcing Intellectual Property
·  Canadian Privacy Official Says Expected Copyright Reforms Could Threaten Privacy
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Using Host-l to Glean Server Data Held Unauthorized Access Illegal Under State Law 
 
Effecting a host-l DNS zone transfer of an Internet service provider's server data is a violation of North Dakota's Computer Crime law, irrespective of whether the ISP is a suspected spammer, a North Dakota District Court held Jan. 11.  The court said that an individual who, through various computer techniques, accessed a suspected spammer's network map, private domain names, private host names, and internal IP addresses had violated North Dakota law.  His access was "unauthorized" and intentional, the court said, which North Dakota prohibits.  Sierra Corporate Design, Inc. v. Ritz, 2008 ILRWeb (P&F) 1039.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  ICANN Accepting Applications for New Leaders
·  Internet Service Subscriber Bound by Terms Contained in Welcome Packet
·  Antigua, Costa Rica Request Arbitration on Compensation from U.S. Over Gambling
·  FTC Application of Anticompetitive Authority Resolves Attack on Ethernet Patent Licensing
·  Washington AG Files Friend of Court Brief Opposing CAN-SPAM Preemption Holding
·  Stealing Information Without Harming Database Not Cognizable as CFAA 'Damage'
·  Ratifying E-Commerce Convention Desirable, but Existing Laws Might Need Amending First
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Texas Courts Would Likely Apply Single Publication Rule to Internet 
 
The Texas Supreme Court would likely apply the single publication rule to Internet defamations, the U.S. Court of Appeals for the Fifth Circuit said Dec. 21, affirming the dismissal, on timeliness grounds, of a defamation action stemming from an article published in the print and Internet editions of a newspaper.  The court also determined that, even if posting the article on the newspaper's web site constituted a republication giving rise to a new statute of limitations, the plaintiff's delay in serving the defendants time-barred the action.  Nationwide Bi-Weekly Administration, Inc. v. Belo Corp., 24 ILR (P&F) 72.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Journalist's Online Posting of Sealed Documents Protected by First Amendment
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FCC Says Wireless, VoIP Calls Outside Customer's Plan Are Toll Calls 
 
The Federal Communications Commission declared on Jan. 24 that both wireless and Voice over Internet Protocol (VoIP) calls that are made outside the subscriber's calling area and assessed a fee are "toll" calls.  The ruling comes in response to requests by the wireless industry to show how it should determine whether calls are interstate, and therefore subject to universal service fund assessments.  In re Universal Service Contribution Methodology (Declaratory Order), 2008 ILRWeb (P&F) 1063.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  FCC 700 MHz Spectrum Auction Nets $2.7 Billion in First Day of Bidding
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Privacy Experts Celebrate Data Privacy Day by Identifying Flaws in Prevailing U.S. Policy 
 
Speaking at Duke University Law School's Jan. 28 privacy law conference, held to celebrate an obscure event called Data Privacy Day 2008, several leading privacy scholars used the occasion to point out that privacy rights are not very well protected by the notice-and-consent approach prevailing in the United States.  According to Fred Cate, director of Indiana University's Center for Applied Cybersecurity Research in Bloomington, Ind., the notice approach to privacy protection is ineffective.  Consumers generally do not read such data collection statements, he said, adding that notice-and-consent schemes are "intellectually dishonest," because consumers have no meaningful choice.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  House Okays 15-Day Extension of Temporary Surveillance Law
·  Report:  Internet Use Up in France, but User Privacy Concerns Remain
·  Senate Rejects Judiciary Committee Bill to Update FISA Without Telecom Immunity
·  Privacy Coalition Asks FTC to Probe, Enjoin Ask.com Search Privacy Feature
·  California First in Adopting E-Health, but Privacy Concerns Limit National Progress
·  Official:  EU Data Privacy Directive Applies to All Global Search Engines
·  Senate Votes Against Expediting Action on Immunity Measure for Telecom Companies
·  Canada Privacy Chief Supports Proposal for Two-Step Breach Notification Process
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Law Extending Internet Tax Moratorium Revised Access Definition, NGA Official Says 
 
A new law that extended the Internet tax moratorium for seven years changed the definition of Internet access not subject to taxation, making it much more specific, David Quam, director of federal relations with the National Governors' Association, told a gathering of mayors Jan. 24.  "It is the connection to the Internet—not everything that travels over the Internet," Quam told the winter meeting of the U.S. Conference of Mayors in Washington, D.C.  Subscribers read more ...

Other Taxation news: 
 
·  Washington Revenue Department Posts Preliminary Report on Digital Goods Taxation
·  N.Y. Gov. Spitzer's Budget Revives Plan to Capture Sales Tax from Online Retailers
 
Subscribers may search ILR's Taxation database

CRIMINAL LIABILITY 
 
Porn Put in Shared P2P Folder with Descriptive Text Is Offer to Distribute It 
 
Placing child pornography in a public, shared folder on a peer-to-peer file sharing service with text describing the content is an offer to distribute the pornography in violation of 18 USC §2251(d)(1)(A), the U.S. Court of Appeals for the Eighth Circuit held Jan. 17.  Following a nearly identical 2007 Tenth Circuit case, Judge Roger L. Wollman was not persuaded by Sewell's arguments that placing the pornography in the shared folder was not an offer to distribute it, and affirmed the lower court's denial of Sewell's motion to dismiss.  United States v. Sewell, 2008 ILRWeb (P&F) 1053.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  Cached Internet Search of Pornographic Images Satisfies 'Knowing Receipt' Standard
·  PC Owner Lacked Expectation of Privacy in Hard Drive Files Accessible to Repairman
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Arizona, State of v. Jensen, 2008 ILRWeb (P&F) 1051 [Ariz Ct App] (Cached Internet search of pornographic images satisfies 'knowing receipt' standard)
·  BuyBoxes.com LLC v. Accudomains, 2008 ILRWeb (P&F) 1045 [WIPO] (Given generic nature of domain name, complainant cannot establish registration in bad faith)
·  ConnectU, Inc. v. Facebook, Inc. (Transcript of 11-30-07 Motion Hearing), 2007 ILRWeb (P&F) 3103 [D Mass] (Journalist's online posting of sealed documents protected by First Amendment)
·  Determination of Rates and Terms for Preexisting Subscription Services and Satellite Digital Audio Radio Services (Final Rule and Order), 2008 ILRWeb (P&F) 1033 [CRB] (Copyright Royalty Board announces final determination of the rates and terms for the digital transmission of sound recordings for 2007 through 2012)
·  Dudnikov v. Chalk & Vermilion Fine Arts, Inc., 2008 ILRWeb (P&F) 1061 [10th Cir] (eBay power sellers satisfy Calder test by alleging that defendant's act of filing a Notice of Copyright Infringement with eBay intended to reach and affect plaintiffs' business operations in Colorado)
·  Electronic Shareholder Forums (Final Rule), 2008 ILRWeb (P&F) 1049 [SEC] (Commission adopts amendments to the proxy rules under the Securities Exchange Act of 1934 with regard to participation in an electronic shareholder forum)
·  Fitch v. Public Utility Commission of Texas, 2008 ILRWeb (P&F) 1041 [5th Cir] (Texas Public Utility Commission's approval of an arbitrated interconnection agreement is affirmed)
·  Garelli Wong & Associates, Inc. v. Nichols, 2008 ILRWeb (P&F) 1029 [ND Ill] (Stealing information without harming database not cognizable as CFAA "damage")
·  Husing Group of Companies, Inc. v. Auction 123, Inc., 2008 ILRWeb (P&F) 1035 [WD Pa] (Amended complaint alleging wrongful copying of photos from web site does not divest federal court of jurisdiction, where plaintiff recast copyright infringement claim as one for state law conversion)
·  La Quinta Worldwide L.L.C. v. Heartland Times LLC, 2008 ILRWeb (P&F) 1043 [WIPO] (No finding of bad faith where respondent registered "sucks" domain for cybergripe site; something more than criticism is required to establish illegitimacy and bad faith within the meaning of the UDRP)
·  Midwest Canvas Corp. v. Commonwealth Canvas, Inc., 2008 ILRWeb (P&F) 1031 [ND Ill] (Product's inclusion in government web site listing of approved insulation materials does not constitute advertising for purposes of Lanham Act claim)
·  Nationwide Bi-Weekly Administration, Inc. v. Belo Corp., 24 ILR (P&F) 72 [5th Cir] (Texas courts would likely apply single publication rule to Internet)
·  Negotiated Data Solutions LLC, In re (Agreement Containing Consent Order), 2008 ILRWeb (P&F) 1027 [FTC] (FTC application of anticompetitive authority resolves attack on Ethernet patent licensing)
·  Orbital Sciences Corp. v. Finseth International, 2008 ILRWeb (P&F) 1047 [WIPO] (Respondent's use of confusing similar domain name for a non-commercial site containing musings, jokes, and clothed "dancing women" does not rise to the level of bad faith contemplated by the UDRP)
·  Palantir Technologies, Inc. v. Palantir.net, Inc., 2008 ILRWeb (P&F) 1037 [ND Cal] (Plaintiff in trademark infringement suit demonstrates a probable success on the merits given the virtual identity of the marks, the strength of the mark, the relatedness of the goods, and both parties' use of the Internet)
·  Productores de Música de España (Promusicae) v. Telefónica de España SAU, 2008 ILRWeb (P&F) 1057 [Eur Ct Just] (EU Directives do not require ISPs to disclose identities of P2P users in civil proceedings)
·  Schwartz v. Comcast Corp., 2007 ILRWeb (P&F) 3101 [3d Cir] (Internet service subscriber bound by terms contained in welcome packet)
·  Sierra Corporate Design, Inc. v. Ritz, 2008 ILRWeb (P&F) 1039 [ND Dist Ct] (Using host-l to glean server data held unauthorized access illegal under state law)
·  Signorelli v. State of Texas, 2008 ILRWeb (P&F) 1055 [Tex Ct App] (PC owner lacked expectation of privacy in hard drive files accessible to repairman)
·  Sly Magazine, LLC v. Weider Publications L.L.C., 2007 ILRWeb (P&F) 3305 [SD NY] (Reverse confusion unlikely between defunct print and online magazines' use of 'Sly')
·  Subpoena Issued Pursuant to the Digital Millennium Copyright Act to 43sb.com, LLC, In re (Order Adopting Report and Recommendation), 2007 ILRWeb (P&F) 3303 [D Idaho] (DMCA subpoena properly issued to discern identity of individual who posted cease-and-desist letter, which is copyrightable subject matter)
·  United States v. Sewell, 2008 ILRWeb (P&F) 1053 [8th Cir] (Porn put in shared P2P folder with descriptive text is offer to distribute it)
·  United States v. Voneida, 2008 ILRWeb (P&F) 1059 [MD Pa] (Where defendant made allegedly threatening statements on his MySpace web page, e-mail by third party alerting school authorities to the contents of the web page will not be excluded)
·  Universal Service Contribution Methodology, In re (Declaratory Order), 2008 ILRWeb (P&F) 1063 [FCC] (Commission says wireless, VoIP calls outside customer's plan are toll calls)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Ask.com, In re (Complaint and Request for Injunction, Request for Investigation and for Other Relief), 2008 ILRWeb (P&F) 1008 [FTC] (Public interest groups allege that Ask.com is engaging in unfair and deceptive trade practices with the representations concerning AskEraser, a search service that purports to protect privacy)
·  BlueAir, Inc. v. Apple, Inc. (Complaint), 2008 ILRWeb (P&F) 1006 [ND Ill] (Complaint seeking declaratory judgment that plaintiff's use of AIRPOD for a desktop air purifier does not infringe Apple's trademark in iPOD)
·  e360Insight, LLC v. Comcast Corp. (Complaint), 2008 ILRWeb (P&F) 1012 [ND Ill] (Internet marketer sues Comcast for blocking its commercial e-mails to Comcast customers)
·  Mayor and City Council of Baltimore v. Vonage America, Inc. (Defendant's Cross-Motion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment), 2008 ILRWeb (P&F) 1010 [D Md] (Vonage argues that Baltimore's telecommunications tax, as applied to Vonage, constitutes an impermissible tax on intangible personal property)
·  Warner Bros. Records, Inc. v. SeeqPod, Inc. (Complaint), 2008 ILRWeb (P&F) 1014 [CD Cal] (Record companies sue music search engine for direct, vicarious, contributory, and inducement copyright infringement)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Broadband Competition Outlook 2008 - New!
This report offers up Pike & Fischer's projections for the coming year on competitive developments in the broadband services market. It includes forecasts on subscriber growth for various services and qualitative analysis of the impact that new applications such as mobile broadband applications, high-definition TV and VoIP will have on the marketplace. Eight bar and pie charts are included.

U.S. Mobile WiMAX Market Update
With the recent resignation of Sprint Nextel CEO Gary Forsee raising speculation as to the long term prospects of Sprint Nextel's WiMAX effort, Xohm, and news that Clearwire has delayed its WiMAX rollout in at least one market, we take a look at how these developments, along with the demise of the Sprint Nextel/Clearwire WiMAX partnership, could affect the future of services riding on the next-generation wireless technology. We provide our views of the likely success factors and challenges for WiMAX initiatives over the next 12 – 18 months.

High-speed Internet Packaging & Pricing Strategies: 4th Edition
This report provides a detailed and up-to-date analysis of the high-speed Internet pricing, bundling and marketing strategies of the top providers, including Comcast, Time Warner Cable, Cox, Cablevision, Charter, Insight, Mediacom, Qwest, AT&T and Verizon. The report ranks each provider by maximum speeds provided and by price points, and includes 18 tables of data and analysis. It will also examine the impact that the emergence of telco fiber-optic services, mainly Verizon FiOS and AT&T U-vrse, are having on cable offerings and strategies.

View all Market Research Reports & Briefs

Events & Conferences 
 
Broadband Policy Summit IV - Navigating the Digital Revolution
The Westin Embassy Row, Washington, D.C., June 12 -13, 2008
BPS IV--the 2008 edition of the preeminent annual forum for the broadband telecommunications industry--will once again air and dissect the critical and complex issues facing broadband businesses and policymakers. Interact with panels of top federal, state, and private sector players and top-level keynoters to gain invaluable, actionable insights into the industry's emerging shape and explore new developments in recurring themes. View the Summit Agenda or our list of speakers, growing daily. Register today and take advantage of our early bird rate. 

Best Practices for Businesses Exploring, Exploiting, and Expanding in Web 2.0
Best-selling audio conference CD now available!
Don't miss out on this opportunity to gain practical guidance from industry professionals on how best to harness the power of Web 2.0 while mitigating legal risks. The recording of our Jan. 15 program, on CD, is now available--to revisit on your own, or share with colleagues. Your purchase includes the original presentation handout--PLUS the Q&A with our speakers.  Order now.

View all Events & Conferences

Internet Law Attorney Directory

Find a lawyer ... Add a listing
Many of your colleagues have already added their names to Pike & Fischer's Internet Law Attorney Directory!  Isn't it time to add yours?  ILR subscribers are entitled to one complimentary premium listing per account. Additional listings and listings by non-subscribers can be purchased for $49.99 (or $69.99 for a premium boldfaced listing).  Use this form to submit your complimentary or paid listing today!

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