Tenth Anniversary Edition of DMCA Desk Reference Now Available

To commemorate the 1998 enactment of the Digital Millennium Copyright Act, Pike & Fischer has released 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, landmark court decisions, and more—to bring you up-to-date on the full impact of this landmark legislation. View the Table of Contents.  Learn More. Order Now. 
 

Latest News 
 
INTELLECTUAL PROPERTY
 
Copyright Office Issues Interim Rule on §115 Compulsory Licenses and Invites Comments 
 
The Copyright Office has issued an interim rule to clarify aspects of the compulsory license created under 17 USC §115 and has requested comments on the matter, according to a notice published Nov. 7 in the Federal Register.  The interim rule adopts a definition of digital phonorecord delivery that clarifies that reproductions made during the process of transmitting a digital phonorecord delivery are part of the delivery and, furthermore, that limited downloads are also digital phonorecord deliveries.  Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries (Interim Rule and Request for Comments), 2008 ILRWeb (P&F) 3007.  Subscribers read more ...

Other Intellectual Property news:
 
·  Authors Guild, Bilski Outcomes Shift Focus to CDA, Copyright, CAN-SPAM Cases
·  Term Paper Website Selling Stolen Essays Hit with Maximum Damages
·  Redbox Says Universal Deal Violates Sherman Act
·  WIPO Members Fail to Agree on Path for Stalled Broadcasting, Audiovisual Talks
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Bowing to Federal Antitrust Objections, Google Halts Planned Yahoo! Partnership 
 
Search advertiser Google, Inc. Nov. 5 abandoned plans to combine its advertising efforts with competitor Yahoo! Inc., citing stiff opposition by federal government regulators and advertisers.  "Pressing ahead risked not only a protracted legal battle but also damage to relationships with valued partners," Google's Senior Vice President of Corporate Development David Drummond said in a statement.  "That wouldn't have been in the long-term interests of Google or our users, so we have decided to end the agreement."  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  House Financial Services Head Seeks Hold for 'Flawed' Internet Gambling Law Rules
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Use of Similar Mark in Video Game Protected as Free Speech 
 
The appearance of a name and logo similar to that of a real Los Angeles strip club in a popular video game seeking to create a heightened experience of an inner city Los Angeles neighborhood is protected as free speech under the First Amendment, the U.S. Court of Appeals for the Ninth Circuit ruled Nov. 5.  Affirming a federal district court's award of summary judgment, the court applied a two-part test that previously had been used only for cases in which the question was whether the title of a creative work infringed a trademark.  E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc., 2008 ILRWeb (P&F) 3003.  Subscribers read more ...
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FCC Seeks Comment on Proposals to Reform USF/Carrier Compensation 
 
The Federal Communications Commission on Nov. 12 will put out for public comment three proposals to comprehensively reform the universal service and intercarrier compensation systems, including the proposal circulated last month by FCC Chairman Kevin Martin.  As part of a mandatory Nov. 5 filing with the U.S. Court of Appeals for the District of Columbia Circuit, the commission adopted a further notice of proposed rulemaking on universal service/intercarrier compensation reform.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  European Commission Proposes Telecom Reform 'Compromise' Ahead of Council Meeting
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
EC Amends Telecom Breach Notice Proposal to Adopt Risk Trigger, Safe Harbor Provisions 
 
The European Commission has revised a set of proposals for telecommunications services reforms in the European Union, including amending a provision requiring data breach notification to include a risk of harm trigger for when breach notice would be required, and providing a safe harbor from notification for companies that use technology to protect personal data.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  No False Light Invasion of Privacy in Florida
·  German Regional DPA Cites Non-Binding Social Network Rules as Basis for Site Inquiry
·  Company Security Policies Often Don't Reach Employees, Cisco Reports
·  FTC Settles Complaint Against Lender Accused of Lax Data Security Practices
·  New York Issues Business Privacy Guide, Recommends Data Security Best Practices
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Virginia Provides Guidance on Taxing Licensing of Web-Based Educational Services 
 
Income from licensing of interactive web-based training and educational services (e-learning) is exempt from sales tax provided there is no transfer of tangible personal property, the Virginia Department of Taxation ruled Sept. 22.  The taxpayer had questioned whether its sales of licenses to access e-learning courses offered via the Internet were subject to sales tax.  Virginia Tax Commissioner Ruling PD 08-178, 2008 ILRWeb (P&F) 2727.  Subscribers read more ...

Other Taxation news: 
 
·  Nevada Proposal to Repeal Voter Approval for Tax Code Changes Rejected by Voters
·  Nevada Official Optimistic Despite Setback on SSUTA Ballot Issue
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Hypothetical Future Online Mark Use Too Speculative to Create Justiciable Controversy 
 
The question of whether or how a company could use a mark online, absent evidence it planned to do so, was not an "actual" controversy because hypothetical future uses of the mark were entirely speculative, the U.S. District Court for the Western District of Washington held Sept. 22.  Because no actual controversy existed, Judge Robert S. Lasnik held that the court lacked subject matter jurisdiction over a company's request for a declaration that it was entitled to use a mark as its domain name or on its website without violating the Lanham Act, 15 USC §1125, or Anticybersquatting Consumer Protection Act, 15 USC 1125(d).  Global DNS, LLC v. Kook's Custom Headers, Inc., 2008 ILRWeb (P&F) 2735.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Notice of Infringement, Conduct in Forum Supports Jurisdiction Over Patent Owner
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Craigslist Reaches Pact with State AGs to Crack Down on Internet-Based Sex Trade 
 
The online classified advertising service craigslist has entered into an agreement with 43 attorneys general and the National Center for Missing and Exploited Children that is expected to shut down advertisements for prostitution and aid state law enforcement investigations of the illicit sex trade.  The attorneys general of 40 states, the District of Columbia, and two U.S. territories Nov. 6 announced a comprehensive agreement that will crack down on prostitution advertisements in craigslist's erotic services section. The agreement is also expected to assist attorneys general as they investigate prostitution rings, human trafficking, and child exploitation.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  Registrars Asked to Implement Anti-Phishing Measures, Commit to Fraud Prevention Plans
·  Former Massachusetts Inmate Indicted for Hacking, ID Theft While in Prison
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Axact (PVT) Ltd. v. Student Network Resources, Inc., 2008 ILRWeb (P&F) 2881 [D NJ] (Copyright owner obtains maximum statutory damages against term paper website that stole the copyright owner's papers and sold them to students)
·  Campbell Pet Co. v. Miale, 2008 ILRWeb (P&F) 2729 [Fed Cir] (Notice of infringement, conduct in forum supports jurisdiction over patent owner)
·  Capitol Corridor Joint Powers Authority v. CyberCapitol Ventures LLC, 2008 ILRWeb (P&F) 2879 [NAF] (Initial good faith registration and use outweighs subsequent bad faith use for purposes of UDRP)
·  Citizens for Responsibility and Ethics in Washington v. Executive Office of the President, 2008 ILRWeb (P&F) 3009 [D DC] (Public interest organizations may maintain cause of action against White House for allegedly failing to preserve e-mails)
·  Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries (Interim Rule and Request for Comments), 2008 ILRWeb (P&F) 3007 [Copyright Office] (Copyright Office announces interim regulation to clarify the scope and application of §115 compulsory license to make and distribute phonorecords of a musical work by means of digital phonorecord deliveries)
·  E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc., 2008 ILRWeb (P&F) 3003 [9th Cir] (First Amendment protects video game manufacturer against claim of trademark infringement)
·  Ferrone v. Onorato, 2008 ILRWeb (P&F) 2883 [3d Cir] (Government decision to block spam e-mails does not violate First Amendment)
·  Global DNS, LLC v. Kook's Custom Headers, Inc., 2008 ILRWeb (P&F) 2735 [WD Wash] (Hypothetical future online mark use too speculative to create justiciable controversy)
·  High-Cost Universal Service Support, In re (Order on Remand and Report and Order and Further Notice of Proposed Rulemaking), 2008 ILRWeb (P&F) 3001 [FCC] (FCC issues order and further NPRM responding to D.C. Circuit and Federal-State Joint Board on Universal Service that it is unready to move forward with comprehensive reform of intercarrier compensation and universal service)
·  Hubbard v. Total Communications, Inc., 2008 ILRWeb (P&F) 2733 [D Conn] (Termination based on excessive Internet use was mere pretext)
·  Jews for Jesus, Inc. v. Rapp, 2008 ILRWeb (P&F) 2837 [Fla Sup Ct] (False light invasion of privacy is not a viable tort in Florida)
·  Lambert v. Hartmann, 2008 ILRWeb (P&F) 2731 [Ohio Ct App] (Allegations of identity theft stemming from government posting of Social Security Number on public website support state law causes of action)
·  McNamara v. Universal Commercial Services, Inc., 2008 ILRWeb (P&F) 2725 [D Ore] (Minimal statutory damages for infringement of marketing copy)
·  Premier Capital Lending, Inc., In re (Agreement Containing Consent Order), 2008 ILRWeb (P&F) 3005 [FTC] (FTC settles complaint against lender accused of lax data security practices)
·  Virginia Tax Commissioner Ruling PD 08-178, 2008 ILRWeb (P&F) 2727 [Va Tax Comm'r] (Virginia provides guidance on taxing licensing of web-based educational services)
·  Volkswagen, AG v. volkswagentalk.com, 2008 ILRWeb (P&F) 2877 [ED Va] (VW secures transfer of infringing domain name in ACPA in rem action)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Dugas v. Robbins (Memorandum of Amici Curiae Citizen Media Law Project et al. in Support of Application of the Massachusetts Anti-SLAPP Law), 2008 ILRWeb (P&F) 3000 [Mass Super Ct] (Amici argue that bloggers who engage in petitioning activities are covered by the Massachusetts anti-SLAPP statute)
·  Redbox Automated Retail, LLC v. Universal Studios Home Entertainment, LLC (Complaint), 2008 ILRWeb (P&F) 2814 [D Del] (DVD kiosk company alleges agreement between Universal and DVD distributors, which would restrict downstream distributions of Universal DVDs, unlawfully restrains commerce in violation of the Sherman Act)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Residential VoIP Market Outlook - New!  
Residential subscriptions to VoIP service have been growing dramatically in the past few quarters, even as growth of other advanced home communications services slows down. We are forecasting that VoIP-connected households should exceed 25 million by the end of the decade, and will grow at about 14% annually over the next few years. In this report, we offer more detailed forecasts plus an analysis of the various residential VoIP services on the market.  Learn More  Order Now

Broadband-enabled Gaming Environments 
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

Events & Conferences 
 

New Regs & Spam Webinar - CD Recordings Available!
On Oct. 28, Pike & Fischer played host to top legal experts from the government and the private sector, who addressed the latest developments in CAN-SPAM enforcement and litigation. Hear from the FTC, the Florida AG's Office, in-house counsel, and seasoned litigators on our exclusive CD. PowerPoint presentations included. Order Now.


Legal Risk Management Forum II - Audio CDs 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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