Experts from Government, Private Sector to Address Internet Marketing Practices

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.  Join us Oct. 28 for our exclusive webinar:  New Regs and Spam: Legal Nuances and Successful Litigation Tactics Under CAN-SPAM.   Panelists will 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! Invite your entire staff!  One registration permits an unlimited number of participants from each call-in location. Register Now!
 

Latest News 
 
INTELLECTUAL PROPERTY
 
Copyright Office Opens New Round on DMCA Anticircumvention Exemptions 
 
The Copyright Office on Oct. 6 began its fourth triennial inquiry to determine whether there are classes of works that should be exempted from the Digital Millennium Copyright Act's prohibition against circumvention of technological measures that control access to copyrighted works.  Comments proposing exempt classes of works are due Dec. 2, and the proposed classes of works will be published for comment that same month, with hearings to be held in the spring of 2009.  Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies (Notice of Inquiry), 73 FR 58073.  Subscribers read more ...

Other Intellectual Property news:
 
·  Use of Mark on Non-Commercial, Limited Access Website Is Not 'Use in Commerce'
·  Intellectual Property, Business Owners Ask for Larger Role in ICANN Policymaking
·  CRB Publishes Rates for Downloading, Streaming
·  Hollywood, RealNetworks Contest Legality of Software Enabling Consumers to Rip DVDs
·  Search Engine Caching Held Not Copyright Infringement When Owner Failed to Opt Out
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Google, Yahoo Announce Plans to Delay Deal in Light of DOJ Probe 
 
Internet search engine companies Google, Inc. and Yahoo, Inc. have announced plans to further postpone an online advertising agreement, due to an ongoing investigation by the Department of Justice.  The deal, which would allow Google to sell advertising on Yahoo websites, has raised competition concerns.  Both companies provide third-party advertisements to consumers based on their Internet keyword searches.  Google is the market's top player, and Yahoo is in second place.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  French Data Protection Authority Unveils Campaign of Spam Law Compliance Audits
·  Washington State AG's Spyware Lawsuit Seeks Injunction, Fines from Texas Firm
·  Site Owner's Removal of Arbitration Clause Held Binding, Even Absent Acknowledgment
·  Forum-Selection Clause Located Online, Incorporated by Reference Is Enforceable
·  TCPA Lawsuit Over Unsolicited SMS Advertisements Settles for $7 Million
·  Class Attorneys Ordered to Modify Plaintiff Opt-In Website to Reflect Disputed Issues
·  Senator Urges DOJ to Carefully Weigh Questions Around Google-Yahoo Deal
·  Illinois AG Madigan Blasts CPSC Over Sales of Recalled Products on Craigslist
·  Commerce Issues New Rule Simplifying Export Licensing for Encryption Software
 
Subscribers may search ILR's Internet Commerce database

TELECOMMUNICATIONS 
 
Senate Passes Broadband Bill, Clears Measure for White House 
 
The Senate late Sept. 30 unanimously approved some technical changes to a bill (S. 1492) to improve broadband data collection in the United States, clearing the measure for the president's signature.  The White House did not issue a statement of administration policy on the bill indicating its views, and no federal agency had an immediate comment on the bill. However, congressional and industry supporters said the president was expected to sign it.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  NTIA Proposes Grant Program to Assist States with E-911 Upgrades
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Facebook, MySpace Outline Compliance with Recent Settlement Over User Safety 
 
Top security officials from MySpace and Facebook told an Internet safety task force at Harvard Law School Sept. 24 that the companies are engaged in continual efforts to protect users' safety and privacy, following agreements reached with 49 state attorneys general.  The officials from the world's largest social networking sites indicated that the sites have made great strides in protecting users' safety and privacy, but noted that the process is "ongoing" and "not perfect."  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  ICANN Whois Policy Debate Marches On; New Studies on Disputed Points Seem Likely
·  After Breach, U.K. Privacy Office Orders Virgin Media to Use Encryption Software
·  Job Applicant Internet Searches May Be Perilous for Employers
·  Schwarzenegger Vetoes Retailer Data Breach Liability Bill, Other Privacy-Related Measures
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Judge Dismisses Kentucky Class Action Against Major Online Travel Companies 
 
A U.S. district judge Sept. 30 reversed an earlier decision and dismissed with prejudice a class action complaint brought by the Louisville/Jefferson County, Ky., Metro Government that sought to recover what it said were unpaid hotel taxes from major online travel companies (OTCs) like Hotels.com, LP, Expedia, Inc., and Orbitz.com.  Louisville/Jefferson County Metro Government v. Hotels.com, LP, 2008 ILRWeb (P&F) 2679.  Subscribers read more ...

Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Web Service Allowing New Yorkers to Store, Share Music Files 'Transacts Business' There 
 
A website through which hundreds of New York residents have searched for, purchased, stored, and shared copyrighted music files has "transacted business" in New York for purposes of the state's long-arm statute, and is subject to jurisdiction there, the U.S. District Court for the Southern District of New York held Sept. 29.  The court said that jurisdiction was proper over a California corporation operating a website that was heavily used in New York, and that generated substantial revenue from New York customers.  Capitol Records, Inc. v. MP3tunes, LLC, 2008 ILRWeb (P&F) 2667.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  E-Mail to Forum Resident Does Not Generate Jurisdiction for Declaratory Judgment Lawsuit
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Congress Sends Bush Legislation to Promote 'Internet Safety' Initiatives 
 
The Senate late Sept. 30 cleared legislation that would make sex offender information available to social networking websites to assist them with protecting minors.  The legislation (S. 431), dubbed the "Keeping the Internet Devoid of Sexual-Predators Act" (KIDS Act), would require sex offenders to submit "Internet identifiers," such as e-mail addresses, to the Justice Department's National Sex Offender Registry.  The list would be available to social networking websites, but they would not be required to use it.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  Senate, House Democrats Offer Bills to Limit Border Searches of Laptops
·  Groups Hope New Cybercrime Law Will Boost Public Confidence in E-Commerce
·  No Supreme Court Review in Military Case Upholding Search of Employee's Computer
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Arista Records, LLC v. Does 1-17, 2008 ILRWeb (P&F) 2677 [D Ore] (Subpoena quashed for imposing an undue burden of production, but record companies may serve a second subpoena seeking identifying information based on dorm room or username)
·  Caldwell v. Caldwell, 2008 ILRWeb (P&F) 2805 [9th Cir] (Harm allegedly caused by website that finds religion compatible with evolutionary theory is too generalized and remote to confer standing)
·  Capitol Records, Inc. v. MP3tunes, LLC, 2008 ILRWeb (P&F) 2667 [SD NY] (Company that operates music download site is subject to personal jurisdiction in N.Y., but company's founder is not)
·  Harold H. Huggins Realty, Inc. v. FNC, Inc., 2008 ILRWeb (P&F) 2669 [D Md] (Website operator that removed an arbitration clause from its terms of service may not compel arbitration by arguing the removal was invalid because users never acknowledged it)
·  Integrity Management of Florida, L.L.C. v. Dental WebSmith, Inc., 2008 ILRWeb (P&F) 2681 [D Neb] (E-mail to forum resident does not generate jurisdiction for declaratory judgment lawsuit)
·  Louisville/Jefferson County Metro Government v. Hotels.com, LP, 2008 ILRWeb (P&F) 2679 [WD Ky] (Judge dismisses Kentucky class action against major online travel companies over unpaid hotel taxes)
·  Parker v. Yahoo! Inc., 2008 ILRWeb (P&F) 2683 [ED Pa] (Copyright owner who makes works freely available online and does not opt out of search engine caching cannot successfully argue that search engines directly infringed his copyright by displaying cached copies)
·  Pentecostal Temple Church v. Streaming Faith, LLC, 2008 ILRWeb (P&F) 2671 [WD Pa] (Terms of service posted online, incorporated by reference into an online services agreement, were not unconscionable and governed a dispute about the service)
·  Pilchesky v. Gatelli, 2008 ILRWeb (P&F) 2803 [Pa Ct Com Pleas] (Plaintiff must disclose the identities of those anonymous message board posters whose comments attributed serious sexual misconduct to a local politician; such comments go beyond the bounds protected by the First Amendment)
·  Scheff v. Psyborgue, 2008 ILRWeb (P&F) 2665 [WIPO] (Complaint against criticism site fails; no intent to divert Internet users for commercial gain, and complainant fails to establish that her personal name was a common-law trademark)
·  Schussler v. Webster, 2008 ILRWeb (P&F) 2661 [SD Cal] (Use of mark on non-commercial, limited access website is not 'use in commerce')
·  Self v. TPUSA, Inc., 2008 ILRWeb (P&F) 2675 [D Utah] (Attorneys operating a website courting plaintiffs for a potential class action must clarify that all statements on it are merely allegations)
·  United States v. Schene, 2008 ILRWeb (P&F) 2663 [10th Cir] (Downloading images of child porn "produced" them for purposes of §2252A(a)(5)(B))
·  Universal City Studios Productions, LLLP v. RealNetworks, Inc. (Order Transferring Action), 2008 ILRWeb (P&F) 2801 [CD Cal] (DMCA lawsuit transferred to the Northern District of California)
·  Weinstein v. AirIt2Me (Stipulation of Settlement), 2008 ILRWeb (P&F) 2673 [ND Ill] (TCPA lawsuit over unsolicited SMS advertisements settles for $7 million)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  RealNetworks, Inc. v. DVD Copy Control Association, Inc. (Complaint), 2008 ILRWeb (P&F) 2620 [ND Cal] (RealNetworks seeks declaratory judgment that its RealDVD does not violate the DMCA)
·  RealNetworks, Inc. v. DVD Copy Control Association, Inc. (Counter-Complaint), 2008 ILRWeb (P&F) 2800 [ND Cal] (Movie studios file counterclaim alleging that RealNetworks's RealDVD violates the DMCA)
·  Riley v. Dozier (Complaint), 2008 ILRWeb (P&F) 2802 [ED Va] (Operator of website that criticizes lawyer seeks declaratory relief that his site neither defames the lawyer nor infringes his trademark)
·  Universal City Studios Productions LLLP v. RealNetworks, Inc. (Complaint), 2008 ILRWeb (P&F) 2618 [CD Cal] (Movie studios allege that RealNetworks's RealDVD violates the DMCA because the software illegally bypasses the copyright protection built into DVDs)
·  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, & Books 
 

The DMCA: Special 10th Anniversary Edition - Coming Soon!
October 28, 2008 marks the tenth anniversary of the Digital Millennium Copyright Act. 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.


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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