Guest Discount Offered to P&F Subscribers for September Conference

Pike & Fischer's Legal Risk Management Forum II: Overcoming Obstacles in the Web 2.0 World offers a variety of options to fit every budget -- plus a special offer for Pike & Fischer subscribers!  Any subscriber who registers for our September conference is entitled to bring a guest for just $199!  To register a guest, contact Customer Care, or call 1-800-255-8131 x 248.  Group, government, academic, and student rates also available.  View the entire program with faculty, which includes speakers from Google, NBC Universal, AOL, LinkedIn, FTC, Comcast Interactive Media, Phorm, Proskauer Rose, Covington & Burling, Bingham McCutchen, and many more.  Register now!
 

Latest News 
 
INTELLECTUAL PROPERTY
 
Owner of Copyrighted Software May Enforce 'Open Source' License to Control Use 
 
The holder of a copyright in a computer program for model trains made available for free public download may enforce an "open source" copyright license to control future use and distribution of that work by downstream users, the U.S. Court of Appeals for the Federal Circuit ruled Aug. 13.  Vacating a ruling that denied the copyright owner a preliminary injunction, the appellate court found that the terms of the "Artistic License" on the plaintiff's website are enforceable as conditions that govern a downloader's right to modify and distribute the copyrighted work, not merely covenants to be enforced under contract law.  Jacobsen v. Katzer, 2008 ILRWeb (P&F) 2417.  Subscribers read more ...

Other Intellectual Property news:
 
·  Purchase of Trademark as Keyword Advertising Trigger Is a 'Use in Commerce'
·  Comment Period Extended for §115 License Rules
·  EU Paper Examines Copyright Exceptions, Seeks Comment on Need for Increasing Them
·  Dell Knocked Out of 'Cloud Computing' as PTO Issues Non-Final Rejection of Mark
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
'Adversely Affected' CAN-SPAM Standard Satisfied Upon Showing of ISP-Specific Harms 
 
An Internet service provider who alleged ISP-specific harms due to alleged spam transmissions, including network problems and costs associated with spam filtering, was "adversely affected" and had standing to bring an action under the CAN-SPAM Act, the U.S. District Court for the Northern District of California held July 30.  Though some courts have required Internet service providers to allege harms directly related to spam to obtain standing under CAN-SPAM, Judge Thelton E. Henderson held those decisions placed an unreasonable burden on ISPs.  ASIS Internet Services v. Active Response Group, 2008 ILRWeb (P&F) 2339.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Internet Companies Respond to Ad Probe, Distinguish Practices from Deep-Packet Ads
·  ICANN Considering Auction for gTLD Tie-Breaks
·  Cost of Broadband Upgrade Insufficient to Show 'Adverse Effect' Under CAN-SPAM
·  Best Practices May Be Most Efficient Route to Workable International Online Standards
·  Second-Quarter Internet Sales Improve Over First-Quarter, but Annual Growth Slows
 
Subscribers may search ILR's Internet Commerce database

PRIVACY & SECURITY 
 
Facebook Cited as Study in Tailoring Effective Site-User Privacy Standards 
 
Online social networking service Facebook may provide a good model for implementing effective user privacy standards, an attorney who advises the service on privacy issues said Aug. 9 at the American Bar Association's Annual Meeting.  Although Facebook has gotten some complaints from consumer advocates about its data-collection practices, it has in place privacy controls that a large percentage of its users actually employ, said Mozelle Thompson, former commissioner of the Federal Trade Commission and a privacy advisor to Facebook.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Telecom, Financial Service Companies Should Develop Plan for Responding to NSL Requests
·  McCain Issues Data Privacy Plan Encouraging Industry Self-Regulation
·  ABA Task Force on E-Rulemaking Planning Wide-Ranging Recommendations in Report
·  Government and Privacy Positions Must Be Incorporated Into Web Data Privacy Policies
·  Class Sues Facebook, Beacon Groups, Alleges Numerous Federal Law Violations
·  APEC Trial Data Privacy Projects Entering Test Phase, Officials Say in Lima
·  At APEC Meeting, Peru Announces Plan to Propose New Data Protection Legislation
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Washington Agency Finds No Basis for Use of Multiple Points of Use Sourcing Doctrine 
 
A retailer owed sales tax on the full selling price of prewritten computer software acquired through a multiple use licensing agreement, the Washington Department of Revenue Appeals Division recently ruled.  The division found that the state's sales and use tax laws do not differentiate between software acquired under a single use license arrangement and software acquired under a multiple use license arrangement.  In re Petition for Refund (Washington Department of Revenue Determination No. 07-0120), 2008 ILRWeb (P&F) 2337.  Subscribers read more ...

Other Taxation news: 
 
·  Sourcing of Florist Sales Would Be Left Up to States Under SSUTA Proposal
·  Indiana Directive Advises on Credit, Exemptions for Multimedia Productions
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Knowingly Sending Hundreds of E-Mails Into Forum Establishes Jurisdiction There 
 
Sending over 100 e-mails to individuals known to be located in Idaho is enough to satisfy the due process "purposeful availment" requirement for finding jurisdiction there, the U.S. District Court for the District of Idaho held July 18.  The court said that Idaho jurisdiction was proper over an individual accused of intentionally sending bulk e-mails to Idaho residents when the sender knew of the recipients' location, and when the harm the recipients suffered was directly related to the e-mails.  Melaleuca, Inc. v. Hansen, 2008 ILRWeb (P&F) 2341.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Phone Book Entries, Like Domain Names, Do Not Support Jurisdiction Without More
 
Subscribers may search ILR's Jurisdiction & Procedure database

Latest Cases 
 
·  ASIS Internet Services v. Active Response Group, 2008 ILRWeb (P&F) 2339 [ND Cal] (Standing to assert CAN-SPAM claim does not require allegation of discrete economic loss directly attributable to the deceptive e-mails)
·  Budget Blinds, Inc. v. White, 2008 ILRWeb (P&F) 2343 [3d Cir] (Court holds phone book entries do not satisfy purposeful availment, borrowing reasoning from caselaw discussing domain name registrations)
·  Draker v. Schreiber, 2008 ILRWeb (P&F) 2433 [Tex Ct App] (No action for intentional infliction of emotional distress against creators of false MySpace profile)
·  Facebook, Inc. v. ConnectU, Inc., 2008 ILRWeb (P&F) 2429 [ND Cal] (Court denies ConnectU's motion to stay execution of judgment)
·  Ferguson v. Quinstreet, Inc., 2008 ILRWeb (P&F) 2427 [WD Wash] (Plaintiff lacks standing under CAN-SPAM because he has not shown that he has suffered the "adverse effect" required by the statute)
·  Hysitron, Inc. v. MTS Systems Corp., 2008 ILRWeb (P&F) 2423 [D Minn] (Using a competitor's trademark to create a sponsored link or other advertising constitutes a "use in commerce")
·  Jacobsen v. Katzer, 2008 ILRWeb (P&F) 2417 [Fed Cir] (Violation of open source license yields copyright claim)
·  Melaleuca, Inc. v. Hansen, 2008 ILRWeb (P&F) 2341 [D Idaho] (Knowingly sending hundreds of e-mails into forum establishes jurisdiction there)
·  Metro Sportswear Ltd. v. Vertical Axis, Inc., 2008 ILRWeb (P&F) 2419 [WIPO] (Where one registers a domain name consisting of "dictionary" terms based on a good faith belief that the name's value derives from its generic qualities rather than its specific trademark value, such use may establish a legitimate interest)
·  Microsoft Corp. v. CietDirect.com LLC, 2008 ILRWeb (P&F) 2425 [SD Fla] (First sale doctrine does not bar Microsoft's copyright claims because the software at issue was manufactured and first sold abroad)
·  Petition for Refund (Washington Department of Revenue Determination No. 07-0120), In re, 2008 ILRWeb (P&F) 2337 [Wash Dep't Rev] (A retailer owed sales tax on the full selling price of prewritten computer software acquired through a multiple use licensing agreement)
·  Steele v. Mengelkoch, 2008 ILRWeb (P&F) 2421 [Minn Ct App] (CDA bars claim against Google)
·  United States v. Ganoe, 2008 ILRWeb (P&F) 2431 [9th Cir] (No objectively reasonable expectation of privacy in files accessible via P2P network)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  GraphOn Corp. v. Google, Inc. (Complaint), 2008 ILRWeb (P&F) 2408 [ED Tex] (Complaint alleges that services offered via Google's Adwords, Blogger, and YouTube sites infringe various patents)
·  Lane v. Facebook, Inc. (Complaint), 2008 ILRWeb (P&F) 2406 [ND Cal] (Class action complaint alleging that Facebook and its affiliates violated ECPA, CFAA, and other statutes when it launched the Beacon program)
·  Media Sentry, Inc., In re (Formal Complaint Letter), 2008 ILRWeb (P&F) 2022 [Mich Dep't Labor] (College student alleges that Media Sentry should cease P2P investigations until it is licensed as a private investigator)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Femtocells: Competitive Outlook for Service Providers - New!
Femtocells, mobile network base stations for residential or small business environments, pose a technology conundrum for the telecommunications industry. Optimistically, hundreds of thousands or millions of the devices could be built and installed in consumer residences and small businesses within the next several years, fueling the widespread adoption of 3G broadband over mobile devices. On the other hand, femtos could end up being simply niche home antennas that boost in-building mobile signals and offload backhaul traffic onto the incumbent broadband network. In this report, we outline the market opportunities and technical hurdles involved in femtocell deployments, detail the femto plans among the nation's top mobile and wireline carriers, and explore the role that femtos will play in 4G network deployments.  Learn More  Order Now

Events & Conferences 
 
Legal Risk Management Forum II: Overcoming Obstacles in the Web 2.0 World
Register for the Workshop, the Forum, or Both—You Decide!
September 16 - 17, 2008 - AED Conference Center - Washington, D.C.
Our half-day Workshop will immerse you in three nuts-and-bolts sessions addressing IT for Lawyers, Copyright 101, and Data Retention basics. Our full-day Forum features three keynotes and five interactive panels tackling intellectual property, privacy, reputation preservation, virtual worlds, and subpoena disclosure issues.  Gain the latest insights on dealing with the growing array of Web 2.0 legal risks.  View the entire program with confirmed faculty, and see who's already coming.  Group, Government, Academic, and Student rates also available.  Ask Customer Care about our guest discount for P&F subscribers.  Interested in sponsoring this legal symposium?  Contact Todd Dale at 212-563-6131.


Broadband Policy Summit IV — Webcast & DVDs 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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