Call for White Papers

Pike & Fischer is pleased to announce an opportunity to share Web 2.0 best practices at our upcoming Legal Risk Management Forum.  We encourage submission of white papers covering topics relevant to our program, including content infringement, privacy, reputation preservation, and other critical issues facing Internet businesses.  Executive summaries of all accepted papers will be published in the Forum reference book distributed to all registered attendees.  Full text digital versions of papers will be distributed to attendees via a secure webpage or flash drive.  Qualifying papers must be non-commercial titles formally published within the last year and must be submitted by Friday, September 5, 2008.  Submit papers to customercare@pf.com.  For more information, contact Meg Hargreaves, at 1-800-255-8131 x 229.
 

Latest News 
 
INTELLECTUAL PROPERTY
 
Changes in Copyright Infringement Spur Shifts in Enforcement, Litigation Strategies 
 
As the proliferation of content distribution online evolves, so are copyright owners' responses: in litigation, distribution, and enforcement, the copyright terrain is shifting, lawyers said June 19.  In the courtroom, litigation is crystallizing around the court's conception of actionable "distribution," and whether making files available for download qualifies, said Kenneth Doroshow, vice president of legal affairs at the Recording Industry Association of America.  Meanwhile, out on the field, content creators are strategizing new ways of marketing legitimate content, said NBC Universal's David E. Green, senior counsel for public policy development.  Subscribers read more ...

Other Intellectual Property news:
 
·  Arbitration Respondent Is Entity Listed in Whois at Filing, Even if Entity Is Proxy
·  Australia Praises Pending ACTA Treaty as Possible 'Practical Standard' for Piracy
·  French Anti-Piracy Bill Would Attempt 'Education' Before Imposing Penalties
·  Report Warns Brand Owners to Weigh Risks Before Registering Brand-Specific TLDs
·  Fees for Music Streaming Not Improper for Including Imperfect Site Visit Calculations
·  Default Entered Against Anti-Bot Bypass Ware Vendor
·  Copyright Office Offers Two New Online Registration Options in July
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Business Owners Urge Congress to Study Online Advertising, but Not to Regulate Yet 
 
The best thing for Congress to do to help small firms succeed online is to keep a watchful eye on the advertising playing field, a group of small business owners and advertising representatives said June 25.  The speakers acknowledged the potential negative effects of monopoly power and privacy implications related to online advertising, but warned that regulation of the online advertising space would be premature at this time.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  House Financial Services Vote Down Bill to Remove Banks as E-Gambling 'Enforcers'
·  New Jersey Assembly Passes Bill Banning Text Message Spamming
·  ICANN Board Approves Resolutions to Substantially Expand Internet's Reach
·  Supreme Court Grants Cert on Whether DSL Price Squeezing Violates Sherman Act
·  CFAA Claim Against Defective Software's Manufacturer Must Allege Intent to Harm
 
Subscribers may search ILR's Internet Commerce database

TELECOMMUNICATIONS 
 
Appeals Court Upholds FCC's Rules on Local Video Franchising Authorities 
 
The U.S. Court of Appeals for the Sixth Circuit June 27 denied a petition to overturn the Federal Communications Commission's new video franchise rules intended to open the market to new competitors.  Several local government associations and organizations had challenged the FCC's new video franchising rules, which were adopted in late 2006.  Alliance for Community Media v. Federal Communications Commission, 2008 ILRWeb (P&F) 2057.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Universal Service Hearing Leaves Industry Wanting More
·  Senate Delays Action on Wiretap Bill Until After Independence Day Recess
·  GOP Lawmakers Urge FCC Not to Adopt Auction Conditions
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Charter Postpones Advertising Deal Involving Use of Tracking Technology 
 
Charter Communications June 24 announced that it is holding off on a controversial plan to partner with NebuAd, a company that helps Internet service providers track the web surfing habits of their customers for advertising purposes.  Charter said that some of its customers had "presented questions" about the firm's plan to launch advertising pilots with NebuAd.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Survey: One-Third of IT Professionals Use Password Privileges Inappropriately
·  Aides Predict Bill to Give FTC New Powers to Fine, Sue Will Not Clear 110th Congress
·  Though Passage This Session Is Unlikely, Pending Breach Bills May Foreshadow Trends
·  Alaska Governor Signs Data Security Omnibus with Breach Notice, SSN Provisions
·  EU Data Retention Directive Faces Challenges in Separate Irish, European Court Hearings
·  Privacy Act Needs Review, Amendment, GAO, Other Witnesses Tell Senate Panel
·  Indiana Laptop Breach Notice Exemption Encryption Amendment Took Effect July 1
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
No Telephone Tax on Internet Services, Washington State Supreme Court Rules 
 
The city of Seattle violated a state law by imposing a telephone tax on Internet services provided by Comcast of Washington, Inc., according to the Washington Supreme Court.  In an unanimous decision, the court decided on June 26 that the "plain language" of a state law enacted in 1997 prevented the city from taxing Comcast services at 6 percent, rather than requiring a business and occupation tax rate of 0.415 percent for general services.  Community Telecable of Seattle, Inc. v. City of Seattle, Department of Executive Administration, 2008 ILRWeb (P&F) 2049.  Subscribers read more ...

Other Taxation news: 
 
·  SSUTA Sourcing Change Could Cut Consumer Sales Tax, Washington State Agency Says
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Jurisdiction Based on Nonresident's Online Comments Requires Intent to Target Forum 
 
A Georgia resident's critical online comments about a North Carolina businessman could not form the basis for specific personal jurisdiction over him in North Carolina, the North Carolina Court of Appeals held June 17.  Judge Martha A. Geer, writing for the court, rejected Dailey's contention that the court could exercise jurisdiction over Popma under the effects test set forth in Calder v. Jones, holding that, in the Fourth Circuit, jurisdiction based on Internet contacts is only appropriate when a plaintiff establishes that the defendant intended to target the forum.  Dailey v. Popma, 2008 ILRWeb (P&F) 2047.  Subscribers read more ...
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Senate Subcommittee Urges Specific Policy on Border Inspections of Laptops, Cellphones 
 
Witnesses and members of the Senate Subcommittee on the Constitution at a hearing June 25 said that U.S. Customs and Border Protection needs to clarify what reasonable causes justify the search of personal laptops and other electronic devices at the border.  Sen. Russell Feingold (D-Wis.), ranking Democrat of the subcommittee, said that CBP agents have often conducted searches of American citizens' laptops, cell phones, and PDAs without reasonable cause.  Subscribers read more ...
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Alliance for Community Media v. Federal Communications Commission, 2008 ILRWeb (P&F) 2057 [6th Cir] (Appeals court upholds FCC's rules on local video franchising authorities)
·  Atlantic Recording Corp. v. Andersen, 2008 ILRWeb (P&F) 2053 [D Ore] (District judge agrees with Magistrate's $103,000 fee award in favor of individual named in P2P infringement suit)
·  Baylor University v. Domains by Proxy, Inc., 2008 ILRWeb (P&F) 1917 [NAF] (The entity listed in a disputed domain name's Whois registry at the time a complaint is filed is the appropriate respondent for arbitration proceedings, even if that entity is a proxy)
·  Chan v. Priority Records L.L.C., 2008 ILRWeb (P&F) 2061 [ED Mich] (Claims against record companies should have been brought as compulsory counterclaims in underlying P2P infringement case)
·  Community Telecable of Seattle, Inc. v. City of Seattle, Department of Executive Administration, 2008 ILRWeb (P&F) 2049 [Wash Sup Ct] (Seattle may not tax ISP as a telephone business with regard to its cable Internet service)
·  Dailey v. Popma, 2008 ILRWeb (P&F) 2047 [NC Ct App] (Jurisdiction based on nonresident's online comments requires intent to target forum)
·  Facebook, Inc. v. ConnectU, Inc., 2008 ILRWeb (P&F) 2055 [ND Cal] (Settlement agreement between Facebook and ConnectU is binding and enforceable)
·  Greenberg v. National Geographic Society, 2008 ILRWeb (P&F) 2069 [11th Cir] (A CD-ROM library of all past issues of a magazine constituted a privileged revision of the print publications under 17 USC §201(c))
·  Kalow & Springnut, LLP v. Commence Corp., 2008 ILRWeb (P&F) 2065 [D NJ] (CFAA claim against defective software's manufacturer must allege intent to harm)
·  Nemet Chevrolet, Ltd. v. Consumeraffairs.com, Inc., 2008 ILRWeb (P&F) 2059 [ED Va] (Consumer gripe site entitled to CDA immunity, which may be considered on a Rule 12(b)(6) motion)
·  Swissbike Vertriebs GmbH v. Executive Standard Ltd., 2008 ILRWeb (P&F) 2051 [WIPO] (No finding of bad faith registration by operator of non-commercial fan site who had purchased domain at an auction)
·  Ticketmaster L.L.C. v. RMG Technologies, Inc. (Default Judgment and Permanent Injunction), 2008 ILRWeb (P&F) 2063 [CD Cal] (Corporation that devised and sold software allowing users to circumvent anti-bot safeguards on Ticketmaster website must repay all profits it wrongfully earned via infringement of Ticketmaster copyrights)
·  United States v. American Society of Composers, Authors, and Publishers, 2008 ILRWeb (P&F) 2067 [SD NY] (Performance license fees based partly on a commercial site counter's measurements of how many hours music websites were in use will not be overturned because the counter is allegedly imperfect)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Capitol Records, LLC v. VideoEgg, Inc. (Complaint), 2008 ILRWeb (P&F) 2014 [SD NY] (Record companies sue VideoEgg and social networking site Hi5 for copyright infringement related to music videos)
·  Pacific Bell Telephone Co. v. linkLine Communications, Inc. (Petition for a Writ of Certiorari), 2007 ILRWeb (P&F) 2852 [US Sup Ct] (Petition for review of Ninth Circuit's holding that "price squeezing" of wholesale DSL presented a potentially valid claim under Section 2 of the Sherman Antitrust Act; certiorari granted June 23)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Communications Industry Survey: Views on the U.S. Economic & Regulatory Climate - New!
Cable, satellite TV and now even telephone companies have been heavily promoting a variety of new video services, ranging from high-definition TV to movies on demand. But communications industry leaders believe the best way to attract and keep customers is by providing the fastest Internet speeds, according to this survey of executives, engineers, consultants, academics, and regulators. The study also discloses what communications executives are planning this year in terms of marketing and sales, capital expenditures, pricing and more. The survey also sheds light on the industry's biggest regulatory concerns as the Bush Administration winds down, and which of the presidential candidates is winning the most favor from the industry. The report includes 28 charts and graphs.

Residential VoIP Pricing Update - June 2008 - New!
This recurring report details the pricing and marketing strategies of residential VoIP services. Companies covered include Comcast, Time Warner Cable, Cox, Verizon, AT&T, Vonage, and Lingo.

Events & Conferences 
 
Legal Risk Management Forum: Overcoming Obstacles in the Web 2.0 World
Early Bird Registration Ends August 1
Download the Brochure
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. 


Broadband Policy Summit IV — Webcast & DVD's Now Available!
On June 12-13, BPS IV once again played host to over 200+ of the nation's top federal, state and private sector players who debated the critical issues facing the broadband industry.  40+ speakers participated in debates covering wireless broadband, network management/net neutrality, broadband deployment and more.  Keynotes were delivered by FCC Commissioner Michael J. Copps, FTC Commissioner J. Thomas Rosch, Ambassador David Gross and Rep. Cliff Stearns (R-FL).  Missed the Summit?  Streaming video and DVDs of all Summit proceedings are now available.  Watch the Webcast  Order a DVD  Visit the Blog

View all Events & Conferences

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