New DMCA Desk Reference: Special 10th Anniversary Edition

October 28, 2008 marks the tenth anniversary of the Digital Millennium Copyright Act (DMCA).  In honor of this milestone, Pike & Fischer is pleased to announce a special 10th anniversary edition of its unique DMCA desk reference.  The Digital Millennium Copyright Act: Special Tenth Anniversary Edition covers the whole of the DMCA—the full text of the statute, its legislative history, administrative reports and rulemakings, the latest court decisions, and more—to bring you up-to-date on the full impact of this landmark legislation.  Learn More.  Order Now.
 

Latest News 
 
INTELLECTUAL PROPERTY
 
Jury Verdict Vacated, Request for New Trial Granted in First P2P Infringement Jury Trial 
 
The U.S. District Court for the District of Minnesota said Sept. 24 that it erred in instructing a jury that merely "making available" content in a publicly accessible file-sharing folder was the equivalent of a "distribution" under the Copyright Act.  Chief Judge Michael J. Davis said that evidence of actual distribution was required for the jury to find Jammie Thomas infringed on recording labels' music distribution rights.  The fact that she placed music files in a shared folder on a P2P network was not enough.  Capitol Records, Inc. v. Thomas, 2008 ILRWeb (P&F) 2645.  Subscribers read more ...

Other Intellectual Property news:
 
·  Lanham Act, ACPA Claims Brought 5 Years After Domain Registration Barred by Laches
·  ITC Ruling in Favor of Qualcomm's Accused Chipsets Is Largely Affirmed
·  House Clears IP Enforcement Bill for White House in Weekend Session
·  EU Launches Anti-Counterfeiting Plan, Vows to 'Stamp Out' IP Piracy
·  JMOL Relieving Microsoft of $1.5 Billion Jury Verdict Affirmed by Federal Circuit
·  House Votes to Allow Webcasters to Negotiate Rates with SoundExchange
·  Orphan Works Legislation Passes Senate by Unanimous Consent, Forwarded to the House
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Kentucky Court Set to Consider Forfeiture of 141 Web Gambling Domain Names Oct. 7 
 
A Kentucky court is set to determine Oct. 7 whether domain names used for illegal Internet gambling activities by Kentucky residents should be forfeited to the commonwealth.  Kentucky's anti-gambling law permits the commonwealth to seize devices used for illegal gambling activities.  At the urging of Gov. Steve Beshear (D), the commonwealth's Justice & Public Safety Cabinet filed a lawsuit in rem against 141 Internet domain names, seeking transfer of the domains on the ground that they were used within the state in violation of Kentucky gambling laws.  Commonwealth of Kentucky v. 141 Internet Domain Names (Order of Seizure), 2008 ILRWeb (P&F) 2659.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  DOJ Efforts to Block Google-Yahoo Deal Could Have Chilling Effect, Lawmakers Say
·  FTC Continues to Eye Online Behavioral Marketing; Panelists Cite Privacy Backlash
·  House Approves Measure to Promote Internet Safety for Minors
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
School Free to Discipline Student for Lewd MySpace Page Discussed on Campus 
 
School officials did not infringe on a student's First Amendment rights when they suspended her after her lewd MySpace page created a buzz on campus, the U.S. District Court for the Middle District of Pennsylvania held Sept. 11.  Judge James M. Munley rejected the student's reliance on Tinker v. Des Moines Independent Community School District, 393 US 503 (1969), a case in which the U.S. Supreme Court held that school officials violated students' First Amendment rights by punishing them for wearing arm bands in protest of the Vietnam War.  J.S. v. Blue Mountain School District, 2008 ILRWeb (P&F) 2625.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Scalping Claims Against Ticket Sites Barred by CDA §230
·  Gripe Site Forum Operators Granted CDA Immunity to Lawsuit Over Critical Postings
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Broadband Data Bill Passes After House, Senate Compromise 
 
The House Sept. 29 by unanimous consent made some technical changes to a revised Senate bill (S. 1492) that would improve the collection of broadband data in the United States, sending it back to the Senate for final approval.  The Senate took up and passed the compromise broadband bill by voice vote late Sept. 26, squeezing it in among the last-minute bills of the year.  The technical changes made by the House are expected to be approved unanimously.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  House Democrats Critical of FCC on Handling of D Block Auction Rules
·  Google's Page Urges FCC to Rule on White Spaces Before Next Election
·  EU Parliament Clears Regulatory Reform on Competition, Networks, Consumer Rights
·  FCC Adopts Specific Proposal for Re-Auction of D Block Spectrum
·  McDowell Sees Bandwidth Limits as Reaction to FCC's Comcast Ruling
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
ISPs Call on Internet Ad Industry to Unite Behind 'Opt-In' Privacy Policy 
 
Three leading Internet service providers Sept. 25 said that all online advertising firms should be willing to seek consumers' "opt-in" consent prior to monitoring their web activity for marketing purposes.  In testimony before the Senate Committee on Commerce, Science, and Transportation, Verizon, AT&T, and Time Warner Cable said that privacy concerns made it necessary for industry to unite behind an opt-in regime and other best practices.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Senate Homeland Security Approves Cybersecurity Amendments to FISMA
·  Paris Court Rules Last Name Not Enough to Identify Individual on Genealogical Site
·  U.K. Government Sets Conditions for Go-Ahead of Online Ads Firm Phorm
·  Canada's Stoddart Recommends Policies on Worker Use of Social Networking Sites
·  European Parliament Backs Mandatory Breach Notice for Internet Service Providers
·  House Lawmakers Offer Measure to Protect Consumers from P2P Risks
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Missouri Issues Ruling on Out-of-State Company Engaged in Sales of Software 
 
An out-of-state corporation that sells proprietary networking software to businesses is not subject to use tax on its sales of canned software delivered electronically from outside of Missouri to customers in Missouri, the Missouri Department of Revenue advised.  Although Missouri Regulations Section 10-109.050 provides that the sale of canned software programs delivered by a tangible medium are taxable as the sale of tangible personal property because the corporation electronically delivers the software from outside the state to its customer's computer in Missouri, the software is not subject to tax, the Aug. 21 letter said.  Missouri Department of Revenue Letter Ruling No. 5031 (Software), 2008 ILRWeb (P&F) 2509.  Subscribers read more ...

Other Taxation news: 
 
·  Virginia Rules on ITFA, State Taxation of Internet
·  Texas Requires Company Claiming Refund to Segregate Exempt Software from Taxable
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Website Shopping Cart Features Support Jurisdiction 
 
Personal jurisdiction is proper over a company that operates highly interactive websites where customers from any state may purchase items through Google checkout or with a "shopping cart" feature for storing purchases, even if no actual sales have been made to the forum, the U.S. District Court for the District of Utah held Sept. 17.  A.L. Enterprises, Inc. v. Sebron, 2008 ILRWeb (P&F) 2641.  Subscribers read more ...
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Bush Signs Bill to Raise Prosecution of Cybercrimes 
 
President Bush Sept. 26 signed a bill with provisions to increase federal prosecution of cybercrimes, including those targeting U.S. companies.  Among other things, the legislation (H.R. 5938) extends the jurisdiction of federal computer fraud statutes to cover small businesses and corporations and makes it a felony to employ "spyware" or "keyloggers" to damage 10 or more computers, regardless of the aggregate amount of damage caused.  Subscribers read more ...
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  A.L. Enterprises, Inc. v. Sebron, 2008 ILRWeb (P&F) 2641 [D Utah] (Personal jurisdiction is proper over a company that operates interactive websites where customers from any state may purchase items through a "shopping cart," even if no actual sales have been made to the forum)
·  Best Western International, Inc. v. Furber, 2008 ILRWeb (P&F) 2649 [D Ariz] (Web forum operators who neither encouraged users' defamatory comments nor played any editorial role in the comments' publication on a "feedback site" are entitled to immunity under CDA §230)
·  Broadcom Corp. v. Qualcomm, Inc., 2008 ILRWeb (P&F) 2653 [Fed Cir] (ITC ruling in favor of Qualcomm's accused chipsets is largely affirmed)
·  Capitol Records, Inc. v. Thomas, 2008 ILRWeb (P&F) 2645 [D Minn] (Jury verdict vacated, request for new trial granted in first P2P infringement jury trial)
·  Fehrs v. StubHub, Inc., 2008 ILRWeb (P&F) 2647 [Ore Cir Ct] (CDA §230 shields ticket re-seller StubHub and Internet auction company eBay from liability for scalped concert tickets sold by third parties on their websites)
·  J.S. v. Blue Mountain School District, 2008 ILRWeb (P&F) 2625 [MD Pa] (School free to discipline student for lewd MySpace page discussed on campus)
·  Kalid O. v. Notrefamille.com, 2008 ILRWeb (P&F) 2639 [TGI Paris (France)] (Genealogical website's use of a surname does not infringe the privacy rights of a person that has that last name)
·  Kellwood Co. v. Onesies Corp., 2008 ILRWeb (P&F) 2651 [WIPO] (Respondent's failure to respond to UDRP complaint does not constitute an admission of actual knowledge or constructive notice of mark; complainant fails to establish that respondent registered onesies.net in bad faith)
·  Kentucky, Commonwealth of v. 141 Internet Domain Names (Order of Seizure), 2008 ILRWeb (P&F) 2659 [Ky Cir Ct] (Kentucky seizes 141 domain names believed to be used for illegal gambling, but the court will conduct a hearing to determine if any party qualifies for a return of the property)
·  Lucent Technologies, Inc. v. Gateway, Inc., 2008 ILRWeb (P&F) 2655 [Fed Cir] (A judgment as a matter of law relieving Microsoft from a jury award of over $1.5 billion for infringement of Lucent's patents was affirmed)
·  Missouri Department of Revenue Letter Ruling No. 5031 (Software), 2008 ILRWeb (P&F) 2509 [Mo Dep't Rev] (Out-of-state corporation that sells proprietary networking software to businesses is not subject to use tax on its sales of canned software delivered electronically to customers in Missouri)
·  Southern Grouts & Mortars, Inc. v. 3M Co., 2008 ILRWeb (P&F) 2643 [SD Fla] (Lanham Act, ACPA claims brought 5 years after domain registration barred by laches)
·  Texas Comptroller Accession No. 200808142L, 2008 ILRWeb (P&F) 2507 [Tex Comp Pub Accts] (Texas requires company claiming refund to segregate exempt software from taxable)
·  TM Computer Consulting, Inc. v. Apothacare, LLC, 2008 ILRWeb (P&F) 2657 [D Ore] (By posting an updated license key on its website, defendant engaged in unauthorized use of plaintiff's mark)
·  Virginia Tax Commissioner Ruling PD 08-166, 2008 ILRWeb (P&F) 2505 [Va Tax Comm'r] (Revenue generated from providing Internet service must be included in the gross receipts of a company meeting the definition of a telecommunications company)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Arista Records, LLC v. Lime Wire LLC (Amici Curiae Brief of Electronic Frontier Foundation, et al. in Support of Neither Party), 2008 ILRWeb (P&F) 2612 [SD NY] (Amici file a brief in a P2P infringement case, urging the court to exercise caution in assessing whether to impose copyright liability on the makers of multi-use technologies)
·  Interactive Media Entertainment & Gaming Association, L.L.C. v. Keisler (Plaintiff's Principal Brief), 2008 ILRWeb (P&F) 2614 [3d Cir] (Group claims that the Unlawful Internet Gambling Enforcement Act is unconstitutionally vague)
·  Thomas v. Electronic Arts, Inc. (Complaint), 2008 ILRWeb (P&F) 2610 [ND Cal] (Class action concerning the computer game "Spore," which allegedly installs a DRM program on computers unbeknownst to consumers)
·  Washington, State of v. McCreary (Complaint), 2008 ILRWeb (P&F) 2616 [Wash Super Ct] (Washington AG seeks permanent injunction and other relief against purveyors of so-called "scareware," which uses Windows Messenger Service to transmit ads veiled as "critical error" messages)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Broadband-enabled Gaming Environments - New! 
The level of quality, realism and interactivity of online games has improved considerably in recent years, resulting in richly detailed worlds that feature virtual communities. We believe the evolution of online gaming presents an opportunity for some broadband service providers to tailor packages toward a growing customer base and thus benefit from service premiums and the resulting boost in ARPU. We forecast that the online gaming market will generate annual revenues nearing $2 billion by the end of the decade. In this report, we provide a detailed overview of the online gaming industry and project revenues and global market share out to 2013. We also provide a case study of a popular online game, and detail the opportunities and risks such games create for service providers.  Learn More  Order Now

Cable Advanced Advertising Market Outlook - New!  
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

Events & Conferences 
 
New Regs and Spam: Legal Nuances and Successful Litigation Tactics Under CAN-SPAM
October 28, 2008, 2:00 – 3:30 pm EST
Pike & Fischer has gathered top legal experts from the government and the private sector to address the implications of the latest CAN-SPAM regulations and their effect on marketing agreements with business partners.  Our exclusive webinar will also provide the latest in litigation strategies for lawyers representing marketers and ISPs.  Learn what to include in affiliate marketing contracts, which elements are necessary to withstand a motion to dismiss, what laws apply to text messages and mobile devices, and much more!  Register Now


Legal Risk Management Forum II - Audio CDs Now Available!
On September 16 - 17, Pike & Fischer once again played host to the nation's top federal, state and private sector players who debated the critical issues facing Web 2.0.  More than 30 speakers participated in debates covering content infringement, privacy, reputation preservation, and other critical issues facing Internet businesses.  Keynotes were delivered by Robert 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.  Missed the Forum?  CDs of all Forum proceedings are now available.  Order a CD.

View all Events & Conferences

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