LinkedIn, Comcast, Copyright Office to Keynote Next Week's Web 2.0 Forum

Robert J. Kasunic, Principal Legal Advisor in the Office of the General Counsel, U.S. Copyright Office, Kevin Kuzas, V.P. and General Counsel of Comcast Interactive Media, and Doug Mandell, former General Counsel of LinkedIn, will keynote Pike & Fischer's Legal Risk Management Forum II: Overcoming Obstacles in the Web 2.0 World at the AED Center, Washington, D.C., on Wednesday, September 17, 2008.  During the two-day event, which includes five interactive panel discussions on September 17 preceded by a Web 2.0 Legal Essentials workshop on September 16, business, legal, and government executives will discuss and debate the growing array of legal risks associated with social networking, blogging, and other Web 2.0 technologies. Ask Customer Care about our guest discount for P&F subscribers.  Register Now!
 

Latest News 
 
INTELLECTUAL PROPERTY
 
Format Conversion of User-Submitted Videos Does Not Create Liability for Online Service 
 
An online video upload service that had a working copyright infringement notification system and quickly responded to properly issued takedown notices fell safely within DMCA safe harbor provisions shielding it from liability for third-party provided content, the U.S. District Court for the Northern District of California held Aug. 27.  Io Group, Inc. v. Veoh Networks, Inc., 2008 ILRWeb (P&F) 2467.  Subscribers read more ...

Other Intellectual Property news:
 
·  Mark Use in Metatags, Hidden on Website Is 'Willful' Misuse Violating Lanham Act
·  Online Ad Campaign Using Competitor's Trademarks Enjoined for Likely Infringement
·  Harry Potter Lexicon Infringes Potter Novels and Supplemental Works, Are Not Fair Use
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Spyware Vendor Sued for Lanham Act Violations, Defamation by Flagged Company 
 
McAfee, Inc., an Internet risk assessment software vendor, engaged in unfair and deceptive trade practices and defamation by misrepresenting a website as containing spyware, according to a complaint filed Aug. 25 in the U.S. District Court for the Eastern District of Illinois.  McAfee willfully misrepresented that the 7Search.com website contained malware or spyware by giving it a "red," or high-risk, rating, misleading consumers in violation of Section 43 of the Lanham Act, the complaint asserted.  7Search.com, Inc. v. McAfee, Inc. (Complaint), 2008 ILRWeb (P&F) 2418.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Allegations of Organized Domain Name Boycott Present Triable Sherman Act Issues
·  Notice That Users 'May' Incur Fees Satisfies EFTA
·  Updated South Korean Guidelines Target Cell Phone Spam; Telemarketing Rule Issued
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
In Texas, Failed MySpace Defamation Claim Does Not Open 'Gap' for Emotional Distress 
 
A party who did not succeed on a defamation claim cannot later assert an intentional infliction of emotional distress claim because the defamation claim failed, a Texas appeals court held Aug. 13.  Justice Karen Angelini affirmed a trial court's dismissal of a school official's intentional infliction of emotional distress claim filed against two former students, holding the action sounded in defamation, not emotional distress, which is reserved for extreme cases where no other theory could apply.  Draker v. Schreiber, 2008 ILRWeb (P&F) 2433.  Subscribers read more ...
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Comcast to Comply with, Appeal FCC's Network Management Order 
 
Comcast Corp. announced Sept. 4 that it was taking the unusual action of complying with a Federal Communications Commission order to end certain "unreasonable" network management practices and at the same time appealing the order in court.  David Cohen, executive vice president of Comcast, issued a statement explaining the company's reasoning for both complying with and appealing the commission's order.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Vuze, Consumer Groups Join Appeal of FCC Network Order Against Comcast
·  Martin Outlines September Agenda Including New D Block Auction Rules
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Google, Responding to EU Concerns, Halves Data Retention to Nine Months 
 
Google, Inc. told European regulators Sept. 8 that the search giant was cutting to nine months the time it would retain logs of users' searches.  In a response to the European Union's Article 29 Working Party, Google Global Privacy Counsel Peter Fleischer said the Silicon Valley company, which was the first in the industry last year to "anonymize" logs showing the sites searched by Internet protocol addresses after 18 months, will cut that holding time to nine months.  Google Response to EU Opinion on Data Protection Issues Related to Search Engines, 2008 ILRWeb (P&F) 2600.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Facebook Social Networking Service to Test New Jersey 'Report Abuse!' Complaint System
·  South Korea Expands Blogger ID Mandate for Popular Websites
·  Nevada Businesses Must Use Encryption for Sent Customer Data Effective October 1
·  EU Official Urges Changes to Breach Notice Ahead of Parliament Vote on Telecom Laws
·  Unauthorized Web Servers Put IRS Network at Risk of Illegal Access, Breach, TIGTA Says
·  Privacy Advocates Welcome News of NebuAd Quitting Web-Tracking Field
·  NIST Drops 10 Federal Data Processing Standards
·  Libertarian Candidate Supports Initiative to Advance Privacy in Presidential Debates
·  Proposals Before EU Parliament Could Open Door to Monitoring, EU Official Says
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Sources Agree Online Retailers Complying with New York's New Tax Requirements 
 
New York state appears to be getting fairly good compliance with a controversial new law that requires Internet retailers to collect sales tax on certain orders, according to interviews with representatives from industry and the state Department of Taxation and Finance.  Some Internet retailers are paying the sales tax, while others have taken steps to eliminate nexus with New York for purposes of the new law, which took effect June 1, the officials said.  Subscribers read more ...

Other Taxation news: 
 
·  Washington Sales Tax Does Not Apply to Software Delivered to California Server
·  SSUTA Advisory Panel OKs Florist Sales, Computer Software Contracts Amendments
·  SSUTA Governing Board Adopts Uniform Tax Return Amendment
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Willful E-Evidence Destruction Leads to Default 
 
Default judgment is the appropriate sanction against a copyright infringement defendant who worked assiduously to remove material electronic evidence from his computer, the U.S. District Court for the District of Arizona held Aug. 29.   The defendant, who allegedly used a file-sharing program to unlawfully distribute 54 sound recordings, took several steps to frustrate the plaintiff's efforts to build a case against him.  Atlantic Recording Corp. v. Howell, 2008 ILRWeb (P&F) 2475.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Wikipedia Evidence Improper, but Holding May Stand
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Asian Telecom Representatives Seek Global Agreement to Protect Data, Fight Cybercrime 
 
Key participants in Asia's telecom industry Sept. 4 urged government regulators to collaborate in an effort to fight cybercrime and to play a bigger role in ensuring the security of data on the Internet.  Responding to an increasing number of international cyber attacks, delegates to the International Telecom Union's (ITU) Telecom Asia 2008 forum in Bangkok called for an international agreement to fight cross-border crime and data security breaches perpetrated through the Web.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  Global Telecom Group to Set Up Anti-Cybercrime Center in Malaysia
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Atlantic Recording Corp. v. Howell, 2008 ILRWeb (P&F) 2475 [D Ariz] (Default judgment is the appropriate sanction against a copyright infringement defendant who worked assiduously to remove material electronic evidence from his computer)
·  Badasa v. Mukasey, 2008 ILRWeb (P&F) 2469 [8th Cir] (Wikipedia evidence improper, but holding may stand)
·  Clemmer v. Key Bank National Association, 2008 ILRWeb (P&F) 2479 [6th Cir] (Notice that consumers "may" be charged a fee upon withdrawing funds from an ATM and requiring them to push "yes" to continue provides sufficient notice of potential fees to comply with EFTA)
·  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)
·  Finance Express LLC v. Nowcom Corp., 25 ILR (P&F) 258 [CD Cal] (Online ad campaign using competitor's trademarks enjoined for likely infringement)
·  Io Group, Inc. v. Veoh Networks, Inc., 2008 ILRWeb (P&F) 2467 [ND Cal] (Format conversion of user-submitted videos does not create liability for online service)
·  Kansas, State of v. Winder, 2008 ILRWeb (P&F) 2481 [Kan Ct App] (Text messages admissible under the statutory exception to the best evidence rule; they were introduced with proper authentication and foundation and satisfied the party admissions exception to the hearsay rule)
·  Seattle SMSA LP v. State of Washington, Department of Revenue, 2008 ILRWeb (P&F) 2107 [Wash Bd Tax App] (Washington sales tax does not apply to software delivered to California server)
·  Tunica Web Advertising, Inc. v. Barden Mississippi Gaming, LLC, 2008 ILRWeb (P&F) 2473 [ND Miss] (Allegations of organized domain name boycott present triable Sherman Act issues)
·  United States v. Griesbach, 2008 ILRWeb (P&F) 2601 [7th Cir] (Verbal description of child porn image supported finding of probable cause to search defendant's computer)
·  Venture Tape Corp. v. McGills Glass Warehouse, 2008 ILRWeb (P&F) 2471 [1st Cir] (Mark use in metatags, hidden on website is 'willful' misuse violating Lanham Act)
·  Warner Bros. Entertainment, Inc. v. RDR Books, 2008 ILRWeb (P&F) 2603 [SD NY] (Harry Potter Lexicon infringes Potter novels and supplemental works, are not fair use)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  eBay, Inc. v. Digital Point Solutions, Inc. (Complaint), 2008 ILRWeb (P&F) 2416 [ND Cal] (eBay alleges "cookie stuffing scheme" by participants in its affiliate marketing program)
·  Google Response to EU Opinion on Data Protection Issues Related to Search Engines, 2008 ILRWeb (P&F) 2600 [EU Data Protection Working Party] (Google, responding to EU concerns, halves data retention to nine months)
·  7Search.com, Inc. v. McAfee, Inc. (Complaint), 2008 ILRWeb (P&F) 2418 [ND Ill] (Spyware vendor sued for Lanham Act violations, defamation by flagged company)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Cable Advanced Advertising Market Outlook - Coming Soon!  
The cable industry hopes to increase its advertising revenue to as much as $15 billion a year once it has effectively deployed standardized advanced advertising technology capable of supporting addressable, interactive advertising on a wide scale.  A number of the largest cable MSOs have invested in Canoe Ventures, a joint venture focused on the development of advanced advertising capabilities to enable marketers to reach very specific subsets of viewers with their messages. But the ultimate value of theinvestments in these advertising technologies will be significantly less than the industry is hoping. In this detailed analysis we examine cable's new advertising initiatives, and provide a forecast of advertising revenue growth over the next five years.  Learn More  Order Now

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
Next Week - Register Now!
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.  Our half-day Workshop will immerse you in three nuts-and-bolts sessions addressing IT for Lawyers, Copyright 101, and Data Retention issues.  Our full-day Forum features five interactive panels tackling intellectual property, privacy, reputation preservation, virtual worlds, and subpoena disclosure issues.  Opening Keynote address from Robert J. Kasunic, Principal Legal Advisor in the Office of the General Counsel, U.S. Copyright Office.  Representatives from Google, NBC Universal, Phorm, AOL, Harvard, Showtime, IBM, e-Luminate and many others have already made plans to attend.  Shouldn't you?  View the entire program with faculty.  Group, Government, Academic, and Student rates available.  Ask Customer Care about our guest discount for P&F subscribers.  Register Now!


Retransmission Consent Fees, Tying, and Bundling: A Pike & Fischer Webinar
September 23, 2008 - Register Now!
With dollars at stake and the value of video programming under the microscope as the DTV transition unfolds, negotiations over carriage and programming have never been so uncertain and so critical.  As the FCC's October 1, 2008 must carry/retransmission consent election deadline looms, broadcasters' carriage negotiations with cable and satellite operators are heating up like never before.  At stake: the availability of local broadcast signals to the nation's cable and satellite subscribers, as well as millions of dollars in fees and ad revenues.  Join experts from the cable, satellite, and broadcasting sectors and take a front-row seat for a lively discussion of current business and legal issues in retransmission consent negotiations, the competitive marketplace for video distribution, and access to video programming.  Learn More  Register Now

View all Events & Conferences

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