Latest News 
 
INTELLECTUAL PROPERTY
 
Laches Defense Denied to Domain Owner Without Brand-Specific Expenses

An Internet service provider was not prejudiced by a competitor's six-year delay in filing a trademark infringement dispute merely because it spent money promoting its services during those years, the U.S. Court of Appeals for the Ninth Circuit ruled March 17.  The court remarked that, in order for prejudice to attach, the ISP's expenses would have had to have been focused specifically on brand promotion.  Internet Specialties West, Inc. v. Milon-DiGiorgio Enterprises, Inc., 2009 ILRWeb (P&F) 1441.  Subscribers read more ...

Other Intellectual Property news: 
 
·  YouTube Blocks Music Videos in U.K. After Negotiations Break Down Over Licensing Fees
·  Discovery Sues Amazon Alleging Patent Infringement Caused by Sale of Kindles
·  Networking Site Infringement Case Dismissed
·  Government Defends Copyright Statutory Damages
·  Recording Companies Seek Compelled Discovery from Ringtone Service Investors
·  Trademarks Held Transferable Alongside, but Independent of, Related Domain Names
·  Union Websites Criticizing Company by Name Held Unlikely to Confuse Consumers
·  GPS Device Manufacturer Counter-Sues Microsoft
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Marketers' Alleged eBay 'Cookie Stuffing' Breaching Terms of Use Yields CFAA Claim

Marketers who installed software code on Internet users' computers, which caused their browsers to visit the eBay website and obtain an advertising cookie, could be sued for their alleged unauthorized access to eBay, the U.S. District Court for the Northern District of California held Feb. 24.  No court has yet applied the Computer Fraud and Abuse Act, 18 USC §1030 et seq., to a cookie stuffing scheme, Judge Jeremy Fogel said.  eBay, Inc. v. Digital Point Solutions, Inc., 2009 ILRWeb (P&F) 1319.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Bill to Regulate Internet Pharmacies Clears N.J. Assembly, Moves to Senate
·  EU Expected to Find U.S. Laws Against Online Gambling Violate WTO Rules
·  Web-Specific Attorney Advertising Rule Exception Rejected by Florida High Court
·  ICANN Structure, Governance Reform Encouraged
·  Proposed Open Government Efforts Promise Opportunities for Developers of Open Systems
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Several States Take Up Problem of Embarrassing, Intrusive Online Images

Troublesome online images have caught the attention of several state legislatures early in their state lawmaking sessions. Bills in California and Texas recently zeroed in on aerial views of property and neighborhoods of the sort published by Google, Inc., while in Illinois a measure was proposed to prohibit the online posting of partially nude photos with the intent to injure the subject.  All of these measures raise interesting First Amendment issues, particularly as they apply to news organizations.  Subscribers read more ...

Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
NTIA Considers Different Definitions of Areas 'Underserved' by Broadband

The National Telecommunications and Information Administration (NTIA) March 19 heard various ways to define "unserved" and "underserved" areas, the results of which will determine where billions of dollars are spent on broadband infrastructure.  Under the American Recovery and Reinvestment Act, Congress directed NTIA to distribute $4.7 billion in grants to bring broadband service to unserved and underserved areas.  But Congress left it up to the agency to define what that means.  Subscribers read more ...

Other Telecommunications news: 
 
·  Demand for Broadband Service Will Drive Needed Investment Dollars
·  Panelists Split on 'Nondiscrimination' Requirement for Broadband Grant Funds
·  Adelstein Nominated by Obama to Head Agriculture's RUS Agency
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
EPIC Calls for FTC Probe Into Google Cloud Computing Services Privacy, Security Efforts

Google, Inc. has not implemented adequate privacy and network security protections for its cloud computing services, including Google Docs and Gmail, according to a complaint filed March 17 with the Federal Trade Commission by the Electronic Privacy Information Center.  Google, Inc. and Cloud Computing Services, In re (Complaint), 2009 ILRWeb (P&F) 1406.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Companies Must Update Worker Monitoring Policies, Include Newer Communication Tools
·  Stoddart Says PIPEDA Covers Second Life, Use of Player Data Raises Privacy Issues
·  Article 29 Group to Investigate Retention Practices of Telecoms, ISPs
·  Rockefeller, Snowe Expected to Offer Measure with Cybersecurity Requirements
·  Fourth Circuit Rules Actual Damages Proof Required for Statutory Damages Under SCA
·  Employer's Lax Data Security Leads Court to Reject Validity of Worker's E-Signature
·  European Commission Releases FAQ Guide on EU International Data Transfer Framework
·  Software Alliance Urges Obama to Improve Sharing of Cyber Data
·  Leibowitz: FTC Will Enforce Data Security, Seek Global Common Ground on Guidelines
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Georgia Supreme Court Backs Atlanta in Procedural Dispute Over Hotel Taxes

The Georgia Supreme Court, overturning trial and appellate court decisions, ruled March 23 that the City of Atlanta does not have to exhaust administrative remedies before it can bring legal action against online travel companies (OTCs) for what the city alleges is the systematic underpayment of hotel occupancy taxes.  The 5-2 decision marked the first time a state Supreme Court has become involved in any of the roughly 50 lawsuits brought by cities and counties around the country against the OTCs for unpaid hotel taxes.  City of Atlanta v. Hotels.com, L.P., 2009 ILRWeb (P&F) 1459.  Subscribers read more ...

Other Taxation news: 
 
·  Italy Plans Major Tax Increase on 'Undesirable' Internet Sales
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Service Via Known, Functional E-Mail Held Adequate

Service via e-mail, registered international mail, and international courier, upon an individual accused of cybersquatting in an in rem lawsuit seeking transfer of a domain name, will provide the defendant with adequate notice and an opportunity to be heard, the U.S. District Court for the Northern District of California held Feb. 17.  Jenkins v. Pooke, 2009 ILRWeb (P&F) 1323.  Subscribers read more ...

Other Jurisdiction & Procedure news: 
 
·  Facebook Message to Witness Was Not 'Tampering'
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
CDA Instruction Not Required Where Conviction Rested on Illegal Content Creation

A web host convicted of child pornography offenses was not entitled to a jury instruction on Communications Decency Act (CDA) immunity because he actively participated in the solicitation and creation of child pornography, the Michigan Court of Appeals held March 3 in an opinion designated as unpublished.  People of Michigan v. Gourlay, 2009 ILRWeb (P&F) 1451.  Subscribers read more ...

Subscribers may search ILR's Criminal Liability database 

2009 Communications Industry Survey

Pike & Fischer's 2nd annual communications industry survey is now underway and we need your help. This 25-question survey gauges industry opinion about the state of the U.S. economy, the state of the regulatory climate for the communications industry and the state of the industry overall. The results will be published in June 2009 and presented at Pike & Fischer's Broadband Policy Summit V.  Survey respondents will receive a complimentary synopsis of the results and a $100 discount off the full study.  Summit attendees will receive a free copy of the full report at the June Summit.  Start Survey Now  Register for Broadband Policy Summit

Latest Cases 
 
·  Amendments to the Rules Regulating the Florida Bar—Rule 4-7.6, Computer Accessed Communications, In re, 2009 ILRWeb (P&F) 1321 [Fla] (Court rejects proposal put forth by Florida Bar, which would have amended state attorney advertising rules to loosen restrictions on web advertising)
·  American Booksellers Foundation for Free Expression v. Strickland, 2009 ILRWeb (P&F) 1449 [6th Cir] (Questions certified in constitutional challenge to Ohio statute that prohibits Internet dissemination of material "harmful to juveniles")
·  Atlanta, City of v. Hotels.com, L.P., 2009 ILRWeb (P&F) 1459 [Ga] (Overturning trial and appellate court decisions, state high court rules that Atlanta does not have to exhaust administrative remedies before it can bring legal action against online travel companies for underpayment of hotel occupancy taxes)
·  Capitol Records, LLC v. VideoEgg, Inc. (Stipulation and Order of Dismissal with Prejudice), 2009 ILRWeb (P&F) 1455 [SD NY] (Networking site infringement case dismissed)
·  eBay, Inc. v. Digital Point Solutions, Inc., 2009 ILRWeb (P&F) 1319 [ND Cal] (Marketers who installed software code on Internet users' computers, which caused their browsers to visit the eBay website and obtain an advertising cookie, could be sued for their alleged unauthorized access to eBay)
·  1st Technology LLC v. Bodog Entertainment Group S.A., 2009 ILRWeb (P&F) 1325 [WD Wash] (Trademarks used in conjunction with a series of domain names may be ordered involuntarily transferred and liquidated alongside the domain names)
·  Internet Specialties West, Inc. v. Milon-DiGiorgio Enterprises, Inc., 2009 ILRWeb (P&F) 1441 [9th Cir] (ISP was not prejudiced by competitor's six-year delay in filing trademark infringement dispute merely because it spent money promoting its services during those years)
·  Jenkins v. Pooke, 2009 ILRWeb (P&F) 1323 [ND Cal] (Service via e-mail, registered international mail, and international courier in cybersquatting case will provide defendant with adequate notice)
·  Kerr v. Dillard Store Services, Inc., 2009 ILRWeb (P&F) 1317 [D Kan] (Employer's lack of data security procedures undercuts its ability to compel arbitration based on a worker's purported electronic signature agreeing to arbitrate)
·  Maldonado v. Municipality of Barceloneta, 2009 ILRWeb (P&F) 1453 [D PR] (Individual who sent message via Facebook to witness in a federal lawsuit did not engage in prohibited witness tampering)
·  Michigan, People of v. Gourlay, 2009 ILRWeb (P&F) 1451 [Mich Ct App] (Web host convicted of child pornography offenses was not entitled to a jury instruction on CDA §230 immunity because he actively participated in the solicitation and creation of child pornography)
·  National Dial A Word Registry Pty Ltd. v. 1300 Directory Pty Ltd., 2009 ILRWeb (P&F) 1445 [WIPO] (Multiple complainants lacking a common legal interest may not file consolidated complaint under .auDRP)
·  Raggi v. Las Vegas Metropolitan Police Department, 2009 ILRWeb (P&F) 1457 [D Nev] (CDA shields union from liability for comments posted to union's online bulletin board; posters were not acting as agents of the union)
·  SAP AG v. Caspi, 2009 ILRWeb (P&F) 1443 [WIPO] (Panel unable to conclude that "sap-microsoft.com" was registered and is being used in bad faith)
·  Van Alstyne v. Electronic Scriptorium, Ltd., 2009 ILRWeb (P&F) 1447 [4th Cir] (Former marketing executive who discovered that her boss accessed her personal e-mail account during and after her employment must show actual damages to obtain statutory damages under SCA)
·  Vogster Entertainment, L.L.C. v. Mostovoy, 2009 ILRWeb (P&F) 1461 [ED NY] (TRO granted in cybersquatting action against former employee)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Arista Records LLC v. Myxer, Inc. (Plaintiffs' Motion to Compel Production by New World Angels, Inc.), 2009 ILRWeb (P&F) 1414 [SD Fla] (Recording labels, who allege that online company distributed their copyrighted recordings as unauthorized ringtones in a California lawsuit, seek compelled discovery from company's investors)
·  Arista Records LLC v. Myxer, Inc. (Plaintiffs' Motion to Compel Production by Morgenthau Venture Partners), 2009 ILRWeb (P&F) 1416 [SD Fla] (Recording labels, who allege that online company distributed their copyrighted recordings as unauthorized ringtones in a California lawsuit, seek compelled discovery from company's investors)
·  Capitol Records, Inc. v. Alaujan (United States of America's Memorandum in Response to Defendant's Motion to Dismiss), 2009 ILRWeb (P&F) 1410 [D Mass] (DOJ, seeking to intervene in P2P copyright infringement action, defends the constitutionality of the Copyright Act's statutory damages provision, 17 USC §504(c))
·  Discovery Communications, Inc. v. Amazon.com, Inc. (Complaint), 2009 ILRWeb (P&F) 1408 [D Del] (Discovery alleges that Amazon's Kindle 2 device infringes its patent on an e-book security and copyright protection technology)
·  Google, Inc. and Cloud Computing Services, In re (Complaint), 2009 ILRWeb (P&F) 1406 [FTC] (EPIC alleges Google, Inc. has not implemented adequate privacy and network security protections for its cloud computing services, including Google Docs and Gmail)
·  TomTom Global Assets B.V. v. Microsoft Corp. (Amended Complaint), 2009 ILRWeb (P&F) 1412 [ED Va] (Dutch distributor of navigation software alleges that Microsoft's Streets and Trips product infringes its patents)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

EarthLink's Future: Strategic Options in a Troubled Economy – New!
Suffering from financial losses stemming from a stalled WiFi strategy, a failed stake in a mobile virtual network operator, and an inability to expand its broadband subscriber base, EarthLink is left with few viable options for growth. In order to maintain any amount of business sustainability, the company has been forced to trim costs and focus on retaining its remaining customer base. In this analysis, we examine EarthLink's recent operational performance and its future strategic options, with an emphasis on its potential in the commercial services arena. Four charts and tables are included.  Learn More  Order Now

DOCSIS 3.0 Deployment Forecast – New!
As cable operators prepare their networks for both rapidly increasing bandwidth demands and competition from telephone company fiber builds, they are upgrading to the DOCSIS 3.0 standard, which adds a number of features to the industry's existing high-speed-data capabilities. This report examines the current state of this DOCSIS 3.0 upgrade and provides a forecast of the pace at which cable operators in the United States will deploy DOCSIS 3.0 services. We conclude that the top cable operators will have DOCSIS 3.0 covering 100% of homes passed by the end of 2013, and that MSOs can significantly shorten the time to achieve a return on their DOCSIS 3.0 investments by aggressively targeting business customers. Five tables and charts are included.  Learn More  Order Now

Events & Conferences 
 

Pinning Down Cloud Computing: Legal Risk Management and Best Practices for Business – An Interactive Webinar
Wednesday, May 6, 2009 | 2:00 – 3:30 p.m. EDT
There's been a lot of buzz about cloud computing.  Much of it touts cloud computing as a way for companies to save money in lean times.  But what are the risks associated with its adoption?  What's the best way to vet cloud providers?  How do you train employees to use cloud services wisely?  Is the current state of the law as unclear as many commentators contend?  Join Pike & Fischer for an interactive webinar featuring legal experts from Sun Microsystems, Salesforce.com, GE Capital, and Wilson Sonsini Goodrich & Rosati as they examine the benefits and risks of cloud computing from both the legal and practical perspectives.  Learn More  Register Now 


Broadband Policy Summit V
Rick Boucher, Michael Copps to deliver keynotes
Sheraton Crystal City, Arlington, VA, June 18-19, 2009
Rep. Rick Boucher (D-VA) will give the opening keynote address and Michael Copps, the Acting Chair of the Federal Communications Commission, will give the luncheon keynote. 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. Boucher and Copps will be joined by speakers representing the industry's top companies, like Verizon, AT&T, Time Warner, Google, and Amazon; leading public policy advocates, including Public Knowledge, Consumers Union, the Leadership Conference on Civil Rights, and MAP; and renowned investment specialists, including Precursor, Regulatory Source Associates, and J.P Morgan.  Learn More  Register Now  Early Bird Discount Expires May 18, 2009

View all Events & Conferences

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