Latest News 
 
INTELLECTUAL PROPERTY
 
Web Sales of Products Linking Wal-Mart Mark with Critical Messages Held Fair Use 
 
An individual selling t-shirts online and operating a web site criticizing Wal-Mart did not infringe Wal-Mart trademarks because the site and shirts were critical parodies clearly not sponsored by the company, the U.S. District Court for the Northern District of Georgia held March 20.  Wal-Mart's trademark dilution claims also failed because the shirts, although offered for sale, were vehicles to spread the seller's political convictions protected by the First Amendment and not primarily motivated by commercial gain, the court held.  Smith v. Wal-Mart Stores, Inc., 2008 ILRWeb (P&F) 1455.  Subscribers read more ...

Other Intellectual Property news: 
 
·  WIPO Cites Sharp Jump in Domain Name Disputes, Warns of Threat from 'Tasting'
·  Conferees Debate Whether Patents Still Matter with Today's Technologies
·  Posting Copy of Apparel Web Page Online with Text Criticizing Its Operator Is Fair Use
·  Verizon Settles GPL Enforcement Lawsuit
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Lawmakers Foresee Continued Scrutiny of Policy Issues Related to Virtual Worlds 
 
House lawmakers April 1 said Congress should keep an eye on the growth of Second Life and other role-playing web sites that allow a broad range of "virtual world" activities, such as the buying and selling of goods that are manufactured in cyberspace.  During a hearing, members of the House Energy and Commerce Subcommittee on Telecommunications and the Internet said such virtual economies raise various consumer protection concerns, including the potential for fraud.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Web Wine Retailer May Not Delegate Age Verification Duty to Company Delivering Wine
·  eBay Vendors' Claims of Anticompetitive Practices, Monopoly Power Survive Dismissal
·  Ticketmaster Ticket Resale Ban Not Unlawful Market Tying Under Sherman Act
·  FTC Report Vows Better Education, Online Fraud Prevention for Next Decade
·  E-Mail Exchange Discussing Lease Assignment Is Signed Writing in Louisiana
·  Survey Shows Greater Acceptance of Children Online
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
CDA §230 No Bar to Right of Publicity Claim Against Interactive Service Provider 
 
A state-law right of publicity claim against a web service, arising from material posted by a third-party user, is not subject to dismissal under Section 230 of the Communications Decency Act, the U.S. District Court for the District of New Hampshire held March 27.  The CDA explicitly exempts intellectual property claims from immunity protection; however, the issue of whether interactive computer services are immune from state-law intellectual property claims, such as the right of publicity, has produced conflicting judicial opinions.  Doe v. Friendfinder Network, Inc., 2008 ILRWeb (P&F) 1471.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Cisco Tightens Blog Policy Following Disclosure of In-House Patent Troll Tracker
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Comcast, BitTorrent Announce Decision to Resolve Network Management Dispute 
 
Comcast Corp. and BitTorrent, Inc. announced March 27 that they had ended their dispute and will undertake a collaborative effort with one another and with the broader Internet community to more effectively address network management practices.  While Comcast and BitTorrent are talking directly, they are also in discussions with other parties to help facilitate a broader dialogue and cooperation across industries, the companies announced in a joint statement.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Court Stays E-911 Location Mandate After Commission Order Found Flawed
·  Microsoft Pulls White Spaces Device but FCC to Continue Testing Schedule
·  Bush Says FISA, FHA Reform Among Spring Legislative Priorities
·  Martin Seeking Votes to Dismiss Skype Wireless Open Access Petition
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
U.K. Issues Guidance on How to Manage Data Breaches, When to Notify ICO of Breach 
 
The U.K. Information Commissioner's Office (ICO), which enforces data privacy law, April 1 released non-binding guidance on how organizations should manage a data security breach and when to notify the ICO of such breaches.  The move comes as the British Parliament is considering a measure to require notification of individuals in the United Kingdom if their personal data is breached, as well as a bill that would authorize criminal penalties for individuals convicted of buying or selling personal data.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Senate Commerce Expected to Act on Spyware, FTC Reauthorization Bills
·  Consumer Statements About Behavioral Ads Found Inconsistent with Their Online Conduct
·  Georgia Governor Signs Executive Order to Strengthen State's Information Security
·  U.S. Companies Must Deal with Wide Range of EU Data Authorities' Enforcement Styles
·  Fading Line Between Personal, Non-Personal Data Brings Increased Focus on Use, Security
·  European Court of Human Rights Considers Icelandic E-Mail Case
·  FTC Settlements Require Data Brokers, Retailer to Secure Customer Information
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Nebraska Legislature Gives Initial Approval to Bill Clarifying Taxation of Digital Goods 
 
The Nebraska Legislature gave initial approval March 26 to a bill that would clarify definitions used in the sales tax code, including a provision specifying that digital goods delivered electronically are subject to the sales tax.  In addition, the bill (L.B. 916) would require retailers to designate an employee or officer to be responsible for collecting and remitting sales taxes, a change that the Department of Revenue said would make it easier to enforce the sales tax.  Subscribers read more ...

Other Taxation news: 
 
·  Virginia Enacts New Measure Providing Exemption for Certain Computer Equipment
·  Pennsylvania Addresses Taxation of Electronic Prescription Service
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Webcast Audio No Basis for Jurisdiction Where Heard 
 
Streaming audio available worldwide over a MySpace Internet page is not sufficiently interactive to provide a basis for personal jurisdiction wherever the content is heard, the U.S. District Court for the District of Minnesota held Aug. 20.  The court said that it did not have jurisdiction over a Virginia-based radio station on account of the station's streaming broadcasts over the Internet.  The content was available in Minnesota because of the Internet stream, but it was not specifically targeted there, the court said, so did not satisfy minimum contacts. Minnesota Public Radio v. Virginia Beach Educational Broadcasting Foundation, Inc., 2007 ILRWeb (P&F) 2539.  Subscribers read more ...
 
Subscribers may search ILR's Jurisdiction & Procedure database

Latest Cases 
 
·  Doe v. Friendfinder Network, Inc., 2008 ILRWeb (P&F) 1471 [D NH] (CDA §230 no bar to right of publicity claim against interactive service provider)
·  eBay Seller Antitrust Litigation, In re, 2008 ILRWeb (P&F) 1459 [ND Cal] (eBay vendors' claims of anticompetitive practices, monopoly power survive dismissal)
·  Elektra Entertainment Group, Inc. v. Barker, 2008 ILRWeb (P&F) 1469 [SD NY] (Allegation that P2P user made copyrighted recordings available for distribution fails to state a claim upon which relief can be granted, but since complaint adequately alleges that P2P user also "distributed" works, dismissal is not appropriate)
·  Eros, LLC v. Leatherwood (Judgment by Consent as to Defendant Robert Leatherwood), 2008 ILRWeb (P&F) 1463 [MD Fla] (Consent judgment entered in trademark and copyright infringement action against Second Life participant)
·  eVineyard Retail Sales-Massachusetts, Inc. v. Alcoholic Beverages Control Commission, 2008 ILRWeb (P&F) 1457 [Mass Sup Jud Ct] (Web wine retailer may not delegate age verification duty to company delivering wine)
·  Klebanoff v. Haberle, 2008 ILRWeb (P&F) 1473 [La Ct App] (E-mail exchange discussing lease assignment is signed writing in Louisiana)
·  Minnesota Public Radio v. Virginia Beach Educational Broadcasting Foundation, Inc., 2007 ILRWeb (P&F) 2539 [D Minn] (Webcast audio no basis for jurisdiction where heard)
·  Pennsylvania Department of Revenue Letter Ruling No. SUT-08-005, 2008 ILRWeb (P&F) 1311 [Pa Dep't Rev] (Pennsylvania addresses taxation of electronic prescription service)
·  Reed Elsevier, Inc., In re (Agreement Containing Consent Order), 2008 ILRWeb (P&F) 1467 [FTC] (FTC settlement requires data brokers to secure customer information)
·  Smith v. Wal-Mart Stores, Inc., 2008 ILRWeb (P&F) 1455 [ND Ga] (Novelty merchandise comparing the Wal-Mart retail chain to the Nazis and al Qaeda constituted parodies that did not create a likelihood of confusion with Wal-Mart's trademarks)
·  Super Future Equities, Inc. v. Wells Fargo Bank Minnesota, N.A., 2008 ILRWeb (P&F) 1475 [ND Tex] (Posting copy of apparel web page online with text criticizing its operator is fair use)
·  Ticketmaster LLC v. Designer Tickets & Tours, Inc., 2008 ILRWeb (P&F) 1461 [CD Cal] (Ticketmaster ticket resale ban not unlawful market tying under Sherman Act)
·  The TJX Companies, Inc., In re (Agreement Containing Consent Order), 2008 ILRWeb (P&F) 1465 [FTC] (FTC settlement requires retailer to secure customer information)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Carrington v. Duke University (Memorandum in Support of Duke Defendants' Motion Regarding Attorney-Initiated and Attorney-Sanctioned Contact with the Media), 2008 ILRWeb (P&F) 1236 [MD NC] (Duke University argues that a website, which publicizes a civil lawsuit initiated by lacrosse players and their families, has a substantial likelihood of materially prejudicing an adjudicative proceeding in violation of the Local Rules)
·  Carrington v. Duke University (Plaintiffs' Response to Defendants' Motion Regarding Attorney-Initiated and Attorney-Sanctioned Contact with the Media), 2008 ILRWeb (P&F) 1422 [MD NC] (Website that publicizes a civil lawsuit initiated by lacrosse players and their families is not prohibited by Local Rules)
·  Carrington v. Duke University (Reply Brief in Support of the Duke Defendants' Motion Regarding Attorney-Initiated and Attorney-Sanctioned Contact with the Media), 2008 ILRWeb (P&F) 1424 [MD NC] (Website publicizing lawsuit by lacrosse players violates Local Rules prohibiting attorney-initiated extra-judicial statements)
·  e360Insight, LLC v. Comcast Corp. (Counterclaim and Third-Party Complaint), 2008 ILRWeb (P&F) 1418 [ND Ill] (ISP alleges violations of federal and state anti-spam laws, CFAA, and trespass to chattels, unjust enrichment, and abuse of process against Internet marketers)
·  Washington, State of v. Cooke (Complaint), 2008 ILRWeb (P&F) 1416 [Wash Super Ct] (Washington AG sues Arizona marketer for violations of Washington's Computer Spyware Act and Consumer Protection Act)
·  Zango, Inc. v. Kaspersky Lab, Inc. (Opening Brief of Appellant), 2008 ILRWeb (P&F) 1420 [9th Cir] (Internet company that distributes free software bundled with adware challenges district court's decision that a software distributor that helps consumers block potentially malicious software enjoys immunity from liability under the Communications Decency Act)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

HDTV Service: Market Forecast for Multichannel Video Providers - New!
Multichannel service providers are looking for various ways to monetize high-definition TV, including premium HD channels, on-demand HD movies, and HD DVR rentals. In this report, we examine how the advent of HD service has helped service providers with customer growth and retention, and how those providers plan to employ HD in their marketing strategies in 2008 and beyond. And we offer our forecast for the multichannel HDTV market. As part of our forecast, we conclude that annual revenues from HD services could top $2.6 billion by 2012.

Enterprise Mobility Market Forecast - New!
This report outlines our recently completed research examining the market for mobile device management among North American enterprises. More than 90% of enterprise mobile applications spending is now focused on mobile email and messaging, but the percentage of spending on mobilizing other critical enterprise applications -- many of them broadband-optimized -- will increase rapidly over the next five years, according to our forecast. By 2012, we predict the total spending on core mobility services in the enterprise market will approach $1.4 billion

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
Reserve your seat today at Washington's preeminent annual policy forum.  BPS IV will once again play host to the nation's top federal, state, and private sector players who will discuss and debate the critical issues facing the broadband industry, including the pending 700 MHz spectrum auction, wireless broadband, network management/net neutrality, broadband deployment and more.  Confirmed keynotes include FCC Commissioner Michael J. Copps,  FTC Commissioner J. Thomas Rosch and Ambassador David Gross.  View the Summit program and register by May 1st to secure early bird rates.  Group, academic and gov't rates available.  Interested in sponsoring?  Contact Todd Dale. 


Digital Risk Management Forum: Overcoming Legal Hurdles in the Web 2.0 World
September 16 - 17, 2008 - AED Conference Center - Washington, D.C.
Join us for our second annual legal forum on existing and potential liabilities facing Web 2.0 businesses.  We've expanded our program to include a half-day workshop on Web 2.0 essentials, and we've included panels addressing best practices for monetizing applications tied to personal information, legal remedies for victims of online gossip and rumor, proactive steps for avoiding Attorney General subpoenas, plus a whole lot more!  View the entire program.  Interested in participating in or sponsoring this legal symposium?  Contact Meg Hargreaves at 301-562-1530 x 229.

View all Events & Conferences

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