Latest News 
 
INTELLECTUAL PROPERTY
 
After Subpoena Upheld, University Must Give Names of File Sharing-Accused Students 
 
A university that failed to identify students accused of stealing music over its network after those students' motion to quash a subpoena was denied must show cause why it should not be held in contempt, the U.S. District Court for the Western District of Oklahoma held Feb. 12.  The court said that Oklahoma State University was obliged to disclose the names of students allegedly involved in illegal file sharing after those students' motion to quash the subpoena was unsuccessful.  The court granted the university eighteen days to either produce the information or provide detailed reasoning for its refusal.  Arista Records LLC v. Does 1-11 (Order to Show Cause), 2008 ILRWeb (P&F) 1219.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Web Posting of Confidential Information Does Not, Alone, Destroy Trade Secret Status
·  Harvard Arts and Sciences Faculty Votes for Open Access to Scholarly Publications
·  Copyright Infringement Actions Again Taken Against Chinese Internet Companies
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
ICANN Board Makes Incremental Progress on Wide Range of Pending Policy Matters 
 
The Internet Corporation for Assigned Names and Numbers board of directors Feb. 15 advanced a handful of ongoing policy development initiatives in voting that was devoted entirely to non-controversial, administrative matters.  The board also formally accepted reports by ICANN's Security and Stability Advisory Committee on Domain-Name Front Running, Fast Flux, DNNSEC and WHOIS, and it directed ICANN staffers to continue the new generic top-level domain approval process.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Spyware-Triggered Pop-Up Ads Targeted by Legislation Introduced in Alabama Senate
·  ICANN Policy Arm Evaluates Domain Tasting, ccTLD Policy at 31st Meeting
·  Class Members in Target Accessibility Case to be Notified, Directed to Informational Site
·  Questions of Security, Accountability Remain as Commerce Reviews ICANN JPA
·  Evidence of File Transfers Supports Conversion Claim
·  Fourth Quarter E-Commerce Sales Increase 4.6 Percent, Jump 18 Percent Year-on-Year
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Seventh Circuit Considers Scope of CDA Immunity for Discriminatory Housing Ads 
 
The scope of an interactive computer service's immunity for unlawful material posted by its users was aggressively debated before the U.S. Court of Appeals for the Seventh Circuit Feb. 15, where the free classified advertising service craigslist, Inc. defended itself against allegations of federal civil rights violations arising from allegedly discriminatory classified ads it published.  The composition of the judicial panel initially raised the possibility that the court might try to limit immunity through some novel interpretation of the protections available under Section 230 of the Communications Decency Act, 47 USC §230.  Chicago Lawyers' Committee for Civil Rights Under Law, Inc. v. criagslist, Inc., No. 07-1101.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Parties Condoning Anti-Gay Website Liable for Content Despite Not Reading It
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Markey Introduces Net Neutrality Bill Setting New Policy, but Not Regulation 
 
Rep. Edward Markey (D-Mass.) late Feb. 12 introduced a bill (H.R. 5353) to move the debate forward on network neutrality, which was hailed by consumer and high-tech groups but was met with wariness by members of his subcommittee.  The bill was introduced on a bipartisan basis with Rep. Charles "Chip" Pickering (R-Miss.).  At an unrelated hearing by the House Energy and Commerce Subcommittee on Telecommunications and the Internet, Markey said he would welcome additional co-sponsors.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  BitTorrent, Upstart IP Companies Argue for Net Neutrality Requirements
·  Markey Bill Needed to Ensure Continued Internet Openness, Congressional Staff Told
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Consumer Privacy Coalition Renews Call for FTC Investigation of Ask.com's 'AskEraser' 
 
A coalition of consumer privacy advocacy groups filed a supplemental complaint Feb. 8 with the Federal Trade Commission requesting investigation of Ask.com's business practices in connection with its "AskEraser" program despite changes the company has made to address complaints about the program.  The supplemental complaint, echoing concerns the coalition raised with the FTC Jan. 19, alleged that Ask.com engaged in unfair and deceptive trade practices by collecting and retaining user data in contrast to representations the company made about the service, in violation of Section 5 of the Federal Trade Commission Act.  In re Ask.com (Supplemental Complaint and Request for Injunction, Request for Investigation and for Other Relief), 2008 ILRWeb (P&F) 1208.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  House Rejects Bill to Extend Temporary Surveillance Statute
·  FTC's Behavioral Ad Principles Comment Period Extended
·  FTC, IAPP, Law School to Host Workshop on Business Data Security Best Practices
·  High Court Denies Review of Sixth Circuit Rejection of NSA-Telecom Spying Challenge
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
South Dakota Senate Tax Committee Backs Applying Tax to Downloaded Products 
 
The South Dakota Senate Taxation Committee Feb. 13 endorsed a measure that puts into law the state's current practice of applying its sales and use tax to all downloaded products.  H.B. 1017, introduced at the request of the revenue department, will be forwarded to the full Senate.  Jane Page, assistant director of the business tax division of the revenue department, said the measure was needed because the governing board of the Streamlined Sales Tax Governing Board has asked all of its participating states to put into statute their tax policies on downloaded products.  Subscribers read more ...

Other Taxation news: 
 
·  Pennsylvania Court Denies Exception to Previous AOL Ruling
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Single Takedown Notice Insufficient to Compel Personal Jurisdiction by Performer 
 
A single takedown notice submitted to the California-based video sharing site YouTube does not create minimum contacts sufficient to hale a foreign copyright owner into court, the U.S. District Court for the Northern District of California ruled Feb. 4.  After concluding that neither party was based in California, the court dismissed the action.  The court also cautioned that to confer jurisdiction solely based on the fact that takedown notices are frequently sent to online companies based in Silicon Valley could unduly burden northern California courts.  Doe v. Geller, 2008 ILRWeb (P&F) 1221.  Subscribers read more ...
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Florida Bill Would Make Spyware Introduction a Third-Degree Felony 
 
Persons who introduce spyware or other "contaminants" onto a computer could face criminal prosecution, under a bill (S.B. 1658) pre-filed Feb. 7 for the upcoming session of the Florida Legislature.  Bill sponsor Sen. Jeremy Ring (D) told P&F parent BNA Feb. 14 that a companion bill is to be filed in the House.  The state's annual legislative session is scheduled to begin March 4 and run through May 2.  Ring said the legislation was designed primarily to address privacy issues and would for the first time criminalize placing spyware on computers without informed consent.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  France Launches Cybercrime Crackdown, Will Force ISPs to Block Illegal, Illicit Sites
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  America Online, Inc. v. Commonwealth of Pennsylvania, 2008 ILRWeb (P&F) 1105 [Pa Cmwlth Ct] (Pennsylvania court denies exception to previous AOL ruling)
·  Arista Records LLC v. Does 1-11 (Order to Show Cause), 2008 ILRWeb (P&F) 1219 [WD Okla] (After subpoena upheld, university must give names of file sharing-accused students)
·  Doe v. Geller, 2008 ILRWeb (P&F) 1221 [ND Cal] (Single takedown notice insufficient to compel personal jurisdiction by performer)
·  John Doe Anti-Terrorism Officer v. City of New York, 2008 ILRWeb (P&F) 1229 [SD NY] (First Amendment, CDA do not bar discrimination and hostile work environment claims based on e-mails containing anti-Arab content)
·  National Federation of the Blind v. Target Corp. (Order Approving Form of Notice), 2008 ILRWeb (P&F) 1103 [ND Cal] (Class members in Target accessibility case to be notified, directed to informational site)
·  Network Systems Architects Corp. v. Dimitruk, 2007 ILRWeb (P&F) 3315 [Mass Super Ct] (Evidence of file transfers supports conversion claim)
·  New York, People of v. Fernino, 2008 ILRWeb (P&F) 1227 [NY City Crim Ct] (MySpace "friend request" violates terms of protection order prohibiting contact)
·  Silicon Image, Inc. v. Analogix Semiconductor, Inc., 2008 ILRWeb (P&F) 1107 [ND Cal] (Web posting of confidential information does not, alone, destroy trade secret status)
·  Silverstein v. Experienced Internet.com, Inc., 2008 ILRWeb (P&F) 1225 [9th Cir] (Where plaintiff fails to show that alleged spammers have contacts with California, personal jurisdiction does not exist)
·  Snyder v. Phelps, 2008 ILRWeb (P&F) 1217 [D Md] (Parties condoning anti-gay website liable for content despite not reading it)
·  Whitney Information Network, Inc. v. Xcentric Ventures, LLC, 2008 ILRWeb (P&F) 1223 [MD Fla] (Drop-down menu does not render gripe site operator responsible for creation of allegedly defamatory postings)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Arista Records LLC v. Does 1-21 (Electronic Frontier Foundation Amicus Curiae Brief in Support of Defendant's Motion to Quash Subpoena), 2008 ILRWeb (P&F) 1204 [D Mass] (Amicus curiae addresses the constitutional standard governing subpoenas that seek to unmask otherwise anonymous speakers online and the scope of the exclusive right of distribution)
·  Ask.com, In re (Supplemental Complaint and Request for Injunction, Request for Investigation and for Other Relief), 2008 ILRWeb (P&F) 1208 [FTC] (Consumer privacy coalition renews call for FTC investigation of Ask.com's 'AskEraser')
·  Atlantic Recording Corp. v. Howell (Plaintiffs' Brief in Response to Amicus Brief of Electronic Frontier Foundation), 2008 ILRWeb (P&F) 1206 [D Ariz] (Record companies argue, inter alia, that making copyrighted works available for distribution on a peer-to-peer network without authorization violates the distribution right in 17 USC §106(3))
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

The iTunes Movie Rental Service - Can it Enliven Apple TV? - New!
Apple's introduction of an online movie rental service through iTunes will enable consumers to view Web-based video on their televisions. The service uses the Apple TV set-top box, which the company hopes will heat up what so far have been lackluster sales of the device. In this competitor profile, we assess the opportunities and risks that Apple faces with the new iTunes venture -- especially its chances of competing against growing libraries of video-on-demand services from multichannel video providers.

Broadband Competition Outlook 2008 
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.

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.


Global IP Exchange – May 4-6, 2008 – Pinehurst Resort, NC
This exclusive event will bring together an elite group of senior strategists to participate in discussions on the most critical issues in the management of intellectual property. Participants will attend strategic conference sessions, unscripted Brain Weave™ discussions, and private consultations with leading service providers in the industry. Visit www.globalipexchange.com for more information.

View all Events & Conferences