Latest News 
 
INTELLECTUAL PROPERTY
 
European Data Official Warns Against 'Three Strikes' Approach to IP Control

In a comment paper published Feb. 16, European Data Protection Supervisor Peter Hustinx urged European Union lawmakers to reintroduce privacy and data protection safeguards in a package of telecommunication reforms under debate at the European Union.  In particular, Hustinx warned against a graduated response or "three strikes" approach to intellectual property enforcement, an approach supported by the French government which would allow Internet service providers to terminate subscriptions of users suspected of violating copyright laws.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Google Begins to Issue Official Notifications of Settlement in Books Search Proceeding
·  Scholars Discuss IP Boundaries and Potential Reforms at Conference
·  EU Parliament Committee Backs Extension of Music Copyright Protection
·  Royalty Board Modifies Royalty Rules in Response to Register's Comments
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Yahoo! Not Liable for False Designation of Origin Based on Sponsored Link's Trigger

Causing a sponsored link to trigger based on a user-inputted search term is not a "statement" for which a search engine may be held liable under the Lanham Act's false designation of origin provision, the U.S. District Court for the Southern District of Texas held Feb. 5.  The court dismissed a false designation of origin claim against Yahoo! Inc., finding that Yahoo!'s act of selling and delivering sponsored link space did not fall within the Lanham Act's proscriptions.  Heartbrand Beef, Inc. v. Lobel's of New York, LLC, 2009 ILRWeb (P&F) 1223.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Employees Who Misappropriated Bridal Expo Contacts Unreachable Under CFAA
·  FTC Report Calls for More Improvements to Online Advertising Industry Standards
·  Instant Messages, E-Mail Subject to CFTC Recordkeeping Requirements, Guidance Says
·  Server Access Becomes 'Unauthorized' Upon Breach of Employment Agreement
·  Online Computer Retailer Agrees to Settle FTC Data Breach Allegations
·  MySpace's Alleged Refusal to Deal Itself Insufficient for Sherman Act Claim
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Reding Urges EU to Protect Online Freedom Through Trade Agreements, Not Legislation

In order to protect online freedom of speech, the European Union should include free speech provisions in bilateral trade agreements instead of pursuing legislation, such as the U.S. Global Online Freedom Act (GOFA), European Information Society Commissioner Viviane Reding said at a Feb. 3 plenary session of the European Parliament in Strasbourg.  Reding's comments came as the European Parliament considers possible measures similar to GOFA, including export controls, civil and criminal penalties against businesses, and the creation of a specific EU institution to control European information technology companies doing business abroad.  Subscribers read more ...

Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Boucher Outlines Agenda Priorities of New Communications Subcommittee

Rep. Rick Boucher (D-Va.), the new chairman of the House Energy and Commerce Subcommittee on Communications, Technology, and the Internet, outlined the subcommittee's agenda and legislative priorities over the next few months, starting with broadband deployment.  Although he has a number of immediate goals, the most important for the nation and its economic health is more comprehensive broadband deployment, Boucher said. "And I suppose if I have an overriding goal as chair of this subcommittee it will be to encourage a greater degree of broadband deployment," he said.  Subscribers read more ...

Other Telecommunications news: 
 
·  Public Involvement, Activism Called Essential to Continued Internet Openness
·  Kerry, Ensign Approved to Lead New Communications Subcommittee
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
California Law Prohibiting Data Collection with Credit Card Sales Inapplicable Online

California's law prohibiting merchants from collecting personally identifiable information on a credit card form or as a condition of a credit card sale does not apply to online transactions, the U.S. District Court for the Central District of California held Jan. 5.  The law at issue—California's Song-Beverly Credit Card Act, Cal. Civ. Code §1747.08—was designed to protect privacy and unwanted marketing in a brick-and-mortar setting, the court said, and its protections do not translate to online sales.  Saulic v. Symantec Corp., 2009 ILRWeb (P&F) 1105.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Google Modifies Privacy Policy on Data Collection
·  European Court of Justice Dismisses Challenge to Data Retention Directive
·  DHS Privacy Advisory Group Urges Napolitano to Review Laptop Border Search Procedures
·  Article 29 Group Welcomes Call for Common Search Engine Data Retention Standards
·  Massachusetts Delays Data Rules to 2010, Drops Vendor Written Certification Mandate
·  Italian Government Creates Task Force to Stem Phishing E-Mails Originating There
·  ENISA Urges EU Governments to Give Careful Look at eID Privacy Features
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
New York Says Statutory Changes Subject Exempt Entity to Tax on Certain Remote Sales

A fraternal insurance company was obligated to collect sales and use tax on its remote sales of books because the company makes such sales with a degree of regularity, frequency, and continuity, the New York Department of Taxation and Finance advised Jan. 2.  Recent amendments to N.Y. Tax Law Section 1116 require exempt entities to collect tax on remote sales of tangible personal property when made with a degree of regularity, frequency, and continuity, the department stated.  New York Office of Tax Policy Analysis Advisory Opinion TSB-A-09(1)S, 2009 ILRWeb (P&F) 1107.  Subscribers read more ...

Other Taxation news: 
 
·  Indiana DOR Says Online Reservation Firms Must Pay Sales Tax on All Fees
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Anonymous Web Speakers Will Not Be Identified Without Evidence of Jurisdiction

The identity of anonymous Internet speakers who posted allegedly defamatory comments in response to a YouTube video will not be compelled by a federal court absent evidence supporting both subject matter and personal jurisdiction, the U.S. District Court for the District of Columbia held Feb. 10.  The court said that it lacked jurisdiction to hear Minnesota state law-based defamation claims brought against web speakers identified only by screen name because there was no evidence of the speakers' diversity.  Sinclair v. TubeSockTedD, 2009 ILRWeb (P&F) 1229.  Subscribers read more ...

Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Terms of Use Permitting Losers to Welch Puts Activity Outside Reach of Gambling Law

A person-to-person social betting website is not engaged in unlawful gambling, the Washington Court of Appeals held Feb. 10, because losing bettors are not contractually obligated to make good on their losses.  "Gambling," as that term is defined in the state's anti-gambling statute, cannot exist unless there is an expectation that all bets will be paid, the appellate court ruled. The website's terms of service effectively vitiated that expectation, the court said.  Internet Community & Entertainment Corp., d/b/a Betcha.com v. State of Washington, 2009 ILRWeb (P&F) 1205.  Subscribers read more ...

Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Bridal Expo, Inc. v. van Florestein, 2009 ILRWeb (P&F) 1213 [SD Tex] (Employees who misappropriated contacts unreachable under CFAA)
·  ClearOne Communications, Inc. v. Chiang, 2009 ILRWeb (P&F) 1225 [D Utah] (Order expanding preliminary injunction to protect trade secret pertaining to software code)
·  Ervin & Smith Advertising and Public Relations, Inc. v. Ervin, 2009 ILRWeb (P&F) 1215 [D Neb] (Server access becomes 'unauthorized' upon breach of employment agreement)
·  Genica Corp., In re (Agreement Containing Consent Order), 2009 ILRWeb (P&F) 1219 [FTC] (Online computer retailer agrees to settle FTC data breach allegations)
·  Heartbrand Beef, Inc. v. Lobel's of New York, LLC, 2009 ILRWeb (P&F) 1223 [SD Tex] (Yahoo! not liable for false designation of origin based on sponsored link's trigger)
·  Internet Community & Entertainment Corp., d/b/a Betcha.com v. State of Washington, 2009 ILRWeb (P&F) 1205 [Wash Ct App] (P2P betting platform not engaged in illegal "gambling" because bettors are not obliged to pay when they lose)
·  Internet Solutions Corp. v. Marshall, 2009 ILRWeb (P&F) 1211 [11th Cir] (Question regarding application of Florida long-arm statute to Internet websites is certified to state supreme court)
·  Ireland v. Parliament and Council, 2009 ILRWeb (P&F) 1209 [Eur Ct Just] (European Court of Justice dismisses challenge to data retention directive)
·  LiveUniverse, Inc. v. MySpace, Inc., 2008 ILRWeb (P&F) 3247 [9th Cir] (MySpace's alleged refusal to deal itself insufficient for Sherman Act claim)
·  Mechanical and Digital Phonorecord Delivery Rate Determination Proceeding (Final Rule), 2009 ILRWeb (P&F) 1207 [Copyright Royalty Board] (Copyright Royalty Judges announce four modifications to royalty terms previously adopted in their final determination of rates and terms for the mechanical and digital phonorecord delivery statutory license)
·  National Cable & Telecommunications Association v. Federal Communications Commission, 2009 ILRWeb (P&F) 1227 [DC Cir] (Court upholds FCC rule requiring phone carriers to obtain prior "opt-in" consent from customers before disclosing their personal information)
·  National Security Agency Telecommunications Records Litigation, In re, 2009 ILRWeb (P&F) 1221 [ND Cal] (Court requests supplemental briefing on the constitutionality of section 802 of the FISA Amendments Act)
·  New York Office of Tax Policy Analysis Advisory Opinion TSB-A-09(1)S, 2009 ILRWeb (P&F) 1107 [NY Dep't Tax Fin] (New York says statutory changes subject exempt entity to tax on certain remote sales)
·  Saulic v. Symantec Corp., 2009 ILRWeb (P&F) 1105 [CD Cal] (California law prohibiting data collection with credit card sales inapplicable online)
·  Sinclair v. TubeSockTedD, 2009 ILRWeb (P&F) 1229 [D DC] (Anonymous web speakers will not be identified without evidence of jurisdiction)
·  Sony BMG Music Entertainment, In re, 2009 ILRWeb (P&F) 1217 [1st Cir] (Order denying Associated Press, et al., leave to file amicus curiae brief)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Columbia Pictures Industries, Inc. v. Bunnell (Appellants' Brief), 2009 ILRWeb (P&F) 1202 [9th Cir] (Party argues that district court erroneously concluded that electronic data in a web server's random access memory is "electronically stored information" subject to discovery under Rule 34)
·  Sony BMG Music Entertainment, In re (Amicus Curiae Brief of Courtroom View Network in Support of Respondents), 2009 ILRWeb (P&F) 1204 [1st Cir] (District court has discretion to permit webcast of a motions hearing in a copyright infringement action)
·  Virginia, Commonwealth of v. Jaynes (Brief Amicus Curiae of the Criminal Justice Legal Foundation in Support of Petition for Writ of Certiorari), 2009 ILRWeb (P&F) 1024 [US Sup Ct] (Amicus brief urges grant of certiorari on grounds that the Virginia Supreme Court decision rests on a false premise that the anti-spam statute prohibits anonymous speech)
·  Virginia, Commonwealth of v. Jaynes (Brief of the States of Alabama, et al., as Amici Curiae in Support of Petitioner), 2009 ILRWeb (P&F) 1026 [US Sup Ct] (Amici representing 14 states urge grant of certiorari in Virginia spam case)
·  Virginia, Commonwealth of v. Jaynes (Brief for the United States Internet Service Provider Association as Amicus Curiae in Support of Petitioner), 2009 ILRWeb (P&F) 1028 [US Sup Ct] (Amicus argues that Virginia Supreme Court erred by invalidating anti-spam statute under the First Amendment overbreadth doctrine)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

HDTV Service Comparison – New!
Over the past five years multichannel video providers have been increasingly competing on the breadth of their high-definition content, as more and more consumers buy HD-capable televisions. So far, DirecTV has held a distinct advantage over its rivals in terms of its number of HD channels, but that is quickly changing. Some providers have clearly assembled both the physical plant and the contracts with content owners to provide more HD content than their competitors. But in a new analysis, we find that the HD content and pricing varies significantly from provider to provider, and from region to region. In this report we analyze the HD packaging and pricing strategies in a representative sample of markets. Providers covered in this study include DirecTV, Verizon, Time Warner Cable, AT&T, Cox Communications and more. We include 20 charts and tables.  Learn More  Order Now

Preparing for Web 3.0: A Business Primer for The Next Generation Internet Environment – New!
The next generation of the World Wide Web will evolve rapidly and dynamically over the next few years as the Internet infrastructure develops and expands. New technologies and applications such as intelligent search, cloud computing and ubiquitous connectivity will dramatically impact the business practices of broadband service providers. The time for investigation into so-called "Web 3.0" applications is now. This report provides forward-looking insights and analysis of the next-generation Web to arm the reader with greater situational awareness. We also identify some of the companies and individuals who will be key players in the new Web environment, including Google, IBM, Microsoft, Apple and AT&T.  Learn More   Order Now

Events & Conferences 
 

Broadband Policy Summit V
Early Bird Discount—Save $100 -- Expires May 18, 2009
Sheraton Crystal City, Arlington, VA, June 18-19, 2009
As the Obama administration takes 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  Register Now


Taking Trademarks to the Top Domain: Opportunities and Risks in the New gTLD Space - Recordings Now Available!
This webinar, co-sponsored by Pike & Fischer and the ABA Section of Intellectual Property Law, addressed ICANN's forthcoming roll-out of new generic top-level domains (gTLDs). The speakers included ABA Committee Chair Anthony Biller, along with Yahoo!'s J. Scott Evans, NeuStar's Jeff Neuman, Expedia's Tamara Reznik, and Covington & Burling's Kristina Rosette. Hear their assessment of the opportunities and risks for trademark owners in these new namespaces.  Learn More  Order Now

View all Events & Conferences

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