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
 
General Knowledge of Infringement on Site Declared Insufficient for Contributory Liability 
 
Internet auction site eBay, Inc.'s general knowledge that counterfeit goods are sold through its service does not subject it to contributory liability for trademark infringement, the U.S. District Court for the Southern District of New York held July 14.  The court said that the standard for contributory trademark infringement was not whether eBay had general knowledge of infringement or could reasonably anticipate infringement, but rather whether eBay continued to supply its services to sellers that it knew or had reason to know were actually infringing.  The court said that absent evidence of this specific knowledge, eBay could not be held liable.  Tiffany (NJ), Inc. v. eBay, Inc., 2008 ILRWeb (P&F) 2219.  Subscribers read more ...

Other Intellectual Property news:
 
·  Blogosphere, Fair Use Present Challenges to Associated Press Business Model
·  Apple's iPhone and Other Smart Phones Added to Touch Screen Patent Lawsuit
·  French Ministers Say Fighting Online Piracy Will Be European Priority
·  Trademark Owners Have Much to Consider, Anticipate with New Top-Level Domain Names
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Lawmakers Vow Thorough, Early Review of Pending Yahoo!-Google Ad Partnership 
 
The proposed advertising partnership between search advertisers Google and Yahoo! raises significant antitrust concerns that must be evaluated before any changes are made to the competitive structure of the Internet, Sen. Herb Kohl (D-Wis.), chairman of the Senate Judiciary Committee's Subcommittee on Antitrust, Competition Policy, and Consumer Rights said July 15.  "In examining the competitive impact of this deal, we will need to find answers to a number of important questions," Kohl said, listing the plan's potential effect on businesses, on advertising rates, and on competition—both between search engines and between advertisers—as among the unknown.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Senate Committee Panel Presses FTC on Status of Web Data Marketing Standards
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Proposed House Franking Rule Called Censorship by House Republican Leader 
 
House Republican Leader John Boehner (R-Ohio) in a letter July 9 urged Speaker Nancy Pelosi (D-Calif.) to oppose the adoption of a rule proposed by the Franking Commission that would define which websites are appropriate for posting official House content.  Boehner wrote that the rule, if adopted by the House Administration Committee, would eliminate the "free and helpfully uncensored pipeline of real-time information between the American people and their elected leaders."  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  European Lawmakers Said to Be Close to Unveiling Draft Online Freedom Bill
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Martin Proposes to Find Comcast in Violation of FCC's Internet Principles 
 
Federal Communications Commission Chairman Kevin Martin July 11 said he had circulated an order at the commission finding Comcast Corp. engaged in unreasonable network management practices in violation of the commission's Internet policy principles.  Martin said he had not proposed any fines or penalties against the cable operator, but that Comcast would have to cease its practices and provide greater disclosure to consumers about any new network management practices.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Bush Signs FISA Bill with Protections for Firms Accused of Privacy Violations
·  FCC Extends Time for Comments About Free Wireless Broadband Proposal
·  Comcast, Vonage Reach Agreement on Proper Network Management Practices
·  GAO Report on Universal Service Finds More FCC Oversight Needed
·  Senate Appropriators Add Funds for New FCC Broadband Program
·  FCC's Martin Outlines August Agenda, Says Additional Open Meeting Possible
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Full Sixth Circuit Negates Landmark Ruling on Government Access to Stored E-Mail 
 
The full bench of the U.S. Court of Appeals for the Sixth Circuit July 11 nullified a 2007 landmark decision by a three-judge panel of the court that had ruled the government lacked the right to access and review stored e-mail messages without a warrant or notice to the account holder.  The underlying case involved an e-mail user whose messages had been accessed by government agents pursuant to a provision of the 1986 Stored Communications Act, which authorizes courts to issue e-mail disclosure orders to Internet service providers with delayed notice to users.  Warshak v. United States, 2008 ILRWeb (P&F) 2217.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Google, Plaintiffs Reach Discovery Agreement on YouTube Viewer Database
·  Witnesses Urge New Data Privacy Rules After State Department Security Breaches
·  Industry Comment Sought on Barriers to North American Cross-Border Data Flows
·  Google Adds Direct Link to Privacy Policy from Home Page
·  U.K. Data Sharing Review Urges Major Change to Legal, Regulatory Framework
·  FTC Report Highlights Strategies for Combating 'Phishing' Scams
·  First European Privacy Seal Awarded to Dutch Search Engine
·  Ontario Privacy Commissioner Cavoukian Urges Google to Appeal YouTube Ruling
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Wyden Bill Proposes Five-Year Moratorium on Further Wireless Communications Taxes 
 
Sen. Ron Wyden (D-Ore.) July 10 introduced a bill (S. 3249) that would enact a five-year moratorium on any further taxing of wireless telecommunications services, consumers, providers, and property.  The Mobile Wireless Tax Fairness Act of 2008 would prohibit new and increased taxes, according to a joint release from Wyden and co-sponsor Sen. Olympia Snowe (R-Maine).  Subscribers read more ...

Other Taxation news: 
 
·  New York Letter Advises on Taxation of Computer Software, Related Services
·  New York Advises DoubleClick on Treatment of Computer Purchases
·  Wisconsin Illegally Collected Sales, Use Tax on Custom Software, State High Court Says
 
Subscribers may search ILR's Taxation database

CRIMINAL LIABILITY 
 
Former Morgan Stanley Employee Pleads Guilty to Conspiring to Steal Firm's Client List 
 
A former Morgan Stanley & Co., Inc. employee pleaded guilty July 9 to charges alleging he and a Morgan Stanley technology consultant conspired to steal a Morgan client list to help generate clients for a business the two conspirators planned to launch.  Ronald Peteka pleaded guilty to conspiracy, transporting stolen property in interstate commerce, and unauthorized computer access charges.  He faces a maximum sentence of 10 years in prison and a maximum fine of $250,000; sentencing is set for Oct. 8.  Peteka was arrested April 4, 2007.  Subscribers read more ...
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Ex parte Simpson, 2008 ILRWeb (P&F) 2215 [PTO] (A claim related to a system for automatically recognizing peripheral devices, such as printers, on a network, even when the printers are not attached to a network computer, is not patentable subject matter)
·  New York Office of Tax Policy Analysis Advisory Opinion TSB-A-08(24)S, 2008 ILRWeb (P&F) 2083 [NY Dep't Tax Fin] (New York letter advises on taxation of computer software, related services)
·  New York Office of Tax Policy Analysis Advisory Opinion TSB-A-08(28)S, 2008 ILRWeb (P&F) 2085 [NY Dep't Tax Fin] (New York letter advises DoubleClick on treatment of computer purchases)
·  Parker v. Google, Inc., 2008 ILRWeb (P&F) 2081 [ED Pa] (Award of attorney's fees in Google's favor against pro se plaintiff would not be appropriate given the unsettled state of Internet law at the time the complaint was first filed)
·  Smith Enterprise, Inc. v. Capital City Firearms, 2008 ILRWeb (P&F) 2079 [D Ariz] (Operator of interactive website has sufficient minimum contacts with Arizona to give rise to specific jurisdiction)
·  Tiffany (NJ), Inc. v. eBay, Inc., 2008 ILRWeb (P&F) 2219 [SD NY] (eBay's general knowledge that counterfeit goods are sold through its service does not subject it to contributory liability for trademark infringement)
·  Warshak v. United States, 2008 ILRWeb (P&F) 2217 [6th Cir] (Full bench nullifies 2007 three-judge panel decision that ruled the government lacked the right to access and review stored e-mail messages without a warrant or notice to the account holder)
·  Windsor Auctions, Inc. v. eBay, Inc., 2008 ILRWeb (P&F) 2213 [ND Cal] (Robinson-Patman Act claim against eBay dismissed because eBay provides a service, not a commodity)
·  Wisconsin Department of Revenue v. Menasha Corp., 2008 ILRWeb (P&F) 2221 [Wis Sup Ct] (Wisconsin illegally collected sales, use tax on custom software)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  NameSafe, Inc. v. Lifelock, Inc. (Complaint), 2008 ILRWeb (P&F) 2018 [MD Tenn] (Trademark infringement action arising from defendant's alleged use of plaintiff's marks in Internet advertising)
·  Typhoon Touch Technologies, Inc. v. Motion Computing, Inc. (Second Amended Complaint), 2008 ILRWeb (P&F) 2020 [ED Tex] (Owner of patents in touch screen technology broadened its infringement lawsuit by adding 10 defendants, including smart phone manufacturers Apple, Palm, and LG)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Communications Industry Report: 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 II: Overcoming Obstacles in the Web 2.0 World
Keynote Added - Doug Mandell, General Counsel, LinkedIn
September 16 - 17, 2008 - AED Conference Center - Washington, D.C.
Gain the latest insights and guidance on dealing with the growing array of legal risks associated with Web 2.0.  We've expanded our program to include a half-day workshop on Web 2.0 essentials, and we've included panels addressing content infringement, privacy, reputation preservation, virtual worlds, and other critical issues facing Internet businesses.  Confirmed closing keynote Doug Mandell, General Counsel, Linkedln and Managing Partner, Mandell Law Group, PC. Upcoming keynotes to be announced.  View the entire program.  Reserve your seat before August 1st to secure our discounted Early Bird Rate!  Group, Government and Academic rates also available.  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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