Latest News 
 
INTELLECTUAL PROPERTY
 
Court Gives Preliminary Approval to Authors, Publishers in Settlement with Google 
 
The U.S. District Court for the Southern District of New York on Nov. 17 gave preliminary approval to an agreement between Google, Inc., the Authors Guild, and the Association of American Publishers to settle lawsuits in which the copyright holders alleged that Google's Book Search project infringed their copyrights.  The settlement order, signed by Judge John E. Sprizzo, granted a motion filed by the plaintiffs.  Among other things, it certifies as the "settlement class" anyone with a copyright interest in "one or more books or inserts."  Authors Guild v. Google, Inc. (Order Granting Preliminary Approval of Settlement Agreement), 2008 ILRWeb (P&F) 3035.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Propriety of Joinder in File-Sharing Case Decided Before Identifying Doe Defendants
·  Jones Day Can Proceed with Trademark Suit Against Website Linking to Firm's Attorneys
·  PTO Finalizes Minor Changes to Trademark Practice Rules
·  EU Parliamentarians, Industry Speak Against French Proposal to Fight Illegal Downloading
·  Software Restricting Web Coupon Distribution Could Be Both DMCA Access and Use Control
·  Interplay Among Indefiniteness, Obviousness, Subject Matter in PTO's Post-Bilski Decision
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Facebook Wins $873 Million Default Against Montreal-Based Spammer 
 
A federal court has ordered a Montreal-based spammer to pay Facebook, Inc. $873.3 million for using the social networking website to distribute unsolicited messages on sex-related topics and advertising drugs and other products.  The Nov. 21 default judgment against Adam Guerbuez and his company, Atlantis Blue Capital, for violations of the CAN-SPAM Act, was issued by the U.S. District Court for the Northern District of California.  Facebook, Inc. v. Guerbuez, 2008 ILRWeb (P&F) 3059.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  CFAA, Trespass Claims Arising from E-Mail Deletion Must Allege Deletion Caused Harm
·  Company Owed Harassed Plaintiff No Duty of Care to Monitor Employee's Internet Use
·  Third Quarter E-Commerce Sales 5.7 Percent Above Year-Ago Mark
·  Washington Attorney General Sues Two Web Marketing Firms for Misrepresentation
·  Online Dating Service to Offer Same-Sex Matching Service to Settle N.J. Bias Claims
·  U.S. Employers Should Google Job Applicants, but Must Adhere to Civil Rights Requirements
·  Contract, Privacy Policy Did Not Create Security Duty
·  Classmates.com Sued Over Misleading Notifications
·  Ninth Circuit Prepares for Docket Packed with CAN-SPAM, Mobile Marketing Issues
·  French Court Finds Several Clauses in Amazon.fr Terms of Use 'Illicit or Abusive'
·  Texas House Considers Anti-Zombie, Botnet Proposal
·  Online Fund Embezzlement, Use of Data Deletion Software Actionable Under CFAA
·  RemoteSpy Software Sellers Barred from Marketing Spyware Products
·  As Employees Holiday-Shop Online at Work, Employers May Be Checking Them Twice
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Texas Bill Seeks to Expand Public School Anti-Bullying Efforts to Tackle Cyberbullying 
 
A bill introduced in Texas Nov. 10 would require public schools in the state to extend their anti-bullying efforts to address students' threatening behavior online and on electronic devices.  The bill (S.B. 29) would require schools to institute anti-cyberbullying policies, and permit victims of cyberbullying to transfer to other classes or campuses.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  County's Posting DWI Arrest Announcements Online, Absent Controls, Violates Due Process
·  Labeling User Submissions Protected by CDA §230
·  First Circuit Upholds New Hampshire Law Banning Sale of Doctor Prescription Data
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Industry, Public Interest Coalition Calls for National Broadband Strategy 
 
A broad-based coalition of industries, public interest groups, and associations Dec. 2 released a "call to action" to President-elect Obama and the next Congress to adopt and implement a national broadband strategy in 2009.  The coalition also is advocating that a key part of any economic recovery plan should include incentives for public/private partnerships to deploy broadband.  The coalition is reasonably confident that it could see broadband incentives in an economic recovery package in January.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  FCC Extends Comment Period for Universal Service Proceeding
·  Change Comes to Energy & Commerce Panel as Waxman Takes Chair Away from Dingell
·  Waxman Win Surprises Industry, Expected to Enhance Markey's Power
·  Illinois Supreme Court Finds FCC Ruling Preempts Chicago Franchise Fee Agreement
·  Telecom Law Experts Debate Extent of Regulatory Changes Under Obama
·  Obama Taps Technology Advisers; Hatfield Part of FCC Review Team
·  EU Telecom Ministers OK Price Caps on EU-Wide Text Messages, Data Downloads
·  Survival of Price Squeeze Claims Post-Trinko Is at Stake in Upcoming Supreme Court Argument
·  AWS-3 Auction Rules Circulated, but Shape of Final Proposal Unclear
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
EU Council Adopts Legislation Governing Law Enforcement Data Transfers 
 
The Council of European Union Justice and Home Affairs Ministers Nov. 28 adopted a decision to protect personal data in the framework of police and judicial cooperation in Europe.  European Data Protection Supervisor (EDPS) Peter Hustinx praised it as "an important first step forward" but recommended further work to heighten the level of data protection provided by the legislation.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  AT&T-Funded Privacy Group Seeks to Enter Advertising Debate
·  FTC Commissioners Expected to 'Soon' Review Report on Behavioral Advertising
·  EU Agency Report Warns of Increasing Privacy, Security Risks in Online Games
·  Texas May Amend Cyber-Investigator Law to Exempt Some, but Litigation Will Continue
·  Data Loss Threat Linked to Worker Behavior Greater Than Outside Actors, Survey Finds
·  Hacker Taps Luxottica Group, Downloads Data on More Than 59,000 Former Workers
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Conditions May Favor Consideration of Federal Streamlined Bills, NCSL Hears 
 
A new Congress, state budget shortfalls, and President-elect Barack Obama's incoming administration may combine to create more favorable conditions for passage of federal streamlined sales tax legislation than in recent years, participants in a National Conference of State Legislatures task force heard Nov. 21.  NCSL's Neal Osten described his group as being "excited" by a swell of support in recent months by what he called a grass-roots coalition of diverse business and labor groups.  Subscribers read more ...

Other Taxation news: 
 
·  Six States Found in Compliance with SSUTA, Committee Declares
 
Subscribers may search ILR's Taxation database 

Latest Cases 
 
·  Arista Records, LLC v. Does 1-11, 2008 ILRWeb (P&F) 3037 [ND Ohio] (Propriety of joinder in file-sharing case is determined before identifying Doe defendants)
·  Audi AG v. Shokan Coachworks, Inc., 2008 ILRWeb (P&F) 3045 [ND NY] (Questions of fact preclude summary judgment on whether use of trademark on website created a likelihood of confusion, but defendant is entitled to summary judgment concerning use of mark in e-mail address)
·  Authors Guild v. Google, Inc. (Order Granting Preliminary Approval of Settlement Agreement), 2008 ILRWeb (P&F) 3035 [SD NY] (Court grants preliminary approval to agreement to settle lawsuits in which copyright holders alleged that Google's Book Search project infringed their copyrights)
·  Bennett v. Hosting.com, Inc., 2008 ILRWeb (P&F) 3057 [ND Cal] (Forum selection clause in web hosting agreement is valid and enforceable)
·  Bursac v. Suozzi, 2008 ILRWeb (P&F) 2895 [NY Sup Ct] (County's online "Wall of Shame," on which it posted photos and information about individuals arrested for driving while intoxicated, violated the due process clause)
·  Chicago, City of v. Comcast Cable Holdings, L.L.C., 2008 ILRWeb (P&F) 3049 [Ill Sup Ct] (Court finds 2002 FCC ruling preempts Chicago franchise fee agreement)
·  Coupons, Inc. v. Stottlemire, 2008 ILRWeb (P&F) 3055 [ND Cal] (Security software keys Coupons.com used to restrict subscribers' printing of coupons may qualify as both an access and a use control under the DMCA)
·  Daysoft Ltd. v. Newmarket International, 2008 ILRWeb (P&F) 3041 [WIPO] (Respondent's non-use of disputed domain name does not constitute bad faith)
·  Ex parte Halligan, 2008 ILRWeb (P&F) 3061 [BPAI] (Patentability tests for indefiniteness, obviousness, and statutory subject matter were staged and in part merged in a post-Bilski software patentability decision)
·  Facebook, Inc. v. Guerbuez, 2008 ILRWeb (P&F) 3059 [ND Cal] (Facebook secures $873 million default judgment against spammers)
·  Fair Housing Council of San Fernando Valley v. Roommate.com, LLC, 2008 ILRWeb (P&F) 3065 [CD Cal] (Roommate-matching website liable for violating federal and state anti-discrimination laws)
·  Fair Housing Council of San Fernando Valley v. Roommate.com, LLC (Stipulation to Vacate Trial on Damages), 2008 ILRWeb (P&F) 3067 [CD Cal] (Found liable for violating FHA, roommate-matching website settles claims for damages and other monetary relief)
·  Family Winemakers of California v. Jenkins, 2008 ILRWeb (P&F) 3069 [D Mass] (State regulation of Internet wine sales violates Commerce Clause)
·  Federal Trade Commission v. CyberSpy Software, LLC (Preliminary Injunctive Order), 2008 ILRWeb (P&F) 3071 [MD Fla] (RemoteSpy software sellers barred from marketing spyware products)
·  Grimm v. Discover Financial Services, 2008 ILRWeb (P&F) 3053 [WD Pa] (Court turns back identity theft victims' claim that a bank's credit card agreement and privacy policy created an implied contractual duty to protect them against fraud)
·  GW Equity, LLC v. Xcentric Ventures, LLC, 2008 ILRWeb (P&F) 2885 [ND Tex] (CDA immunizes operators of consumer gripe sites from liability for allegedly defamatory content posted by third parties)
·  Hecht v. Components International, Inc., 2008 ILRWeb (P&F) 3031 [NY Sup Ct] (CFAA, trespass claims arising from e-mail deletion must allege deletion caused harm)
·  IMS Health, Inc. v. Ayotte, 2008 ILRWeb (P&F) 3027 [1st Cir] (New Hampshire's Prescription Information Law, which prohibits certain transfers of physicians' prescribing histories, does not regulate protected speech, but even if it does, it passes constitutional muster)
·  Jones Day v. Blockshopper LLC, 2008 ILRWeb (P&F) 3039 [ND Ill] (Jones Day can proceed with trademark suit against real estate news website listing houses bought by two Jones Day attorneys and then linking to their profiles on Jones Day website)
·  Lenz v. Universal Music Corp., 2008 ILRWeb (P&F) 2893 [ND Cal] (Order denying motion to certify interlocutory appeal of decision [25 ILR (P&F) 445] requiring copyright owner to evaluate fair use in order to satisfy "good faith belief" requirement of DMCA takedown notice)
·  McKinley v. eHarmony.com (Settlement Agreement), 2008 ILRWeb (P&F) 3047 [NJ Att'y Gen] (eHarmony agrees to begin providing same-sex matching services in 2009)
·  Miscellaneous Changes to Trademark Rules of Practice (Final Rule), 2008 ILRWeb (P&F) 3051 [PTO] (Patent and Trademark Office institutes a number of changes to the trademark rules of practice effective Jan. 16)
·  Patrick Patterson Custom Homes, Inc. v. Bach, 2008 ILRWeb (P&F) 3063 [ND Ill] (Online fund embezzlement, use of data deletion software actionable under CFAA)
·  Sigler v. Kobinsky, 2008 ILRWeb (P&F) 3033 [Wis Ct App] (Court rejects negligence claim against company whose employee allegedly used the company's computer network to harass individuals outside the company)
·  Suarez Corp. Industries v. Earthwise Technologies, Inc., 2008 ILRWeb (P&F) 3043 [WD Wash] (Where defendants used plaintiff's brand names in domain names and websites, so-called "Internet trinity" likelihood-of-confusion factors favor plaintiff)
·  UFC-Que Choisir v. Amazon.com, 2008 ILRWeb (P&F) 2897 [TGI Paris (France)] (French court finds several clauses in Amazon.fr terms of use 'illicit or abusive')
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Certain Approval Programs, LLC v. Xcentric Ventures, LLC (Plaintiffs' Original Complaint), 2008 ILRWeb (P&F) 2424 [D Ariz] (Operators of consumer gripe site allegedly add hidden metatags to third party postings to ensure that posts are picked up by search engines)
·  Michaels v. Classmates Online, Inc. (Class Action Complaint), 2008 ILRWeb (P&F) 2816 [Cal Super Ct] (Plaintiffs allege that defendants, in marketing the subscription-based portion of their website, misrepresented that former classmates were trying to contact plaintiffs through classmates.com)
·  Washington, State of v. Visible.net (Complaint), 2008 ILRWeb (P&F) 3006 [Wash Super Ct] (Washington Attorney General sues two web marketing firms for misrepresentation and deceptive business practices)
·  Wolfe v. Louisiana Attorney Disciplinary Board (Complaint), 2008 ILRWeb (P&F) 3008 [ED La] (Suit challenging constitutionality of amendments to the lawyer advertising provisions of the Louisiana Rules of Professional Conduct, which allegedly restrict lawyer blogging and other online communications)
·  Yahoo! Inc. v. American Airlines, Inc. (Complaint), 2008 ILRWeb (P&F) 3010 [ND Cal] (Yahoo! brings action against American Airlines for declaratory judgment that Yahoo!'s placement of keyword-triggered Internet advertising is lawful)
 
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 
 

Broadband Policy Summit V
Super Early Bird Discount—Save $200 -- Expires January 1, 2009
Sheraton Crystal City, Arlington, VA, June 18-19, 2009
As the Obama administration prepares to take the reins in Washington, a new age in telecommunications law and policy begins. Broadband Policy Summit V, Washington's preeminent broadband communications policy forum, promises more than ever to be the place to learn how to position your company and clients to thrive in this new broadband environment.  Learn More  Order Now


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.

View all Events & Conferences

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