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

Latest News 
 
INTELLECTUAL PROPERTY
 
First Circuit Reverses Order Allowing Webcast of Hearing Against Music Downloader

A federal district court exceeded its discretion in allowing streaming Internet coverage of a hearing in a recording industry case against a university student alleged to have illegally downloaded and shared copyrighted music files over the Web, the U.S. Court of Appeals for the First Circuit ruled April 16.  On a petition for writ of mandamus filed by the record companies, the appellate court held as a matter of first impression that such webcasts are forbidden under the court's local rules and are contrary to a 1996 resolution adopted by the First Circuit Judicial Council.  In re Sony BMG Music Entertainment, 2009 ILRWeb (P&F) 1633.  Subscribers read more ...

Other Intellectual Property news: 
 
·  CNN v. Cablevision Certiorari Petition Ignites Debate at ABA IPL Section Meeting
·  No First Sale Defense for eBay Merchant That Resold Goods Without Original Warranty
·  European Recording Industry Hails Jail Terms, Record Fines in Pirate Bay Case
·  Domain Name Squatter Preliminary Injunction Vacated, District Court Abused Discretion
·  Software Association Takes Aim at Clip Art Pirates
·  Archiving Student Essays for Comparing with Other Essays for Plagiarism Is Fair Use
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
EU Gives Microsoft Three-Week Extension to Answer Tying Charges; ACT May Intervene

Microsoft gained a familiar new ally April 20 and was extended a new deadline for when it must respond to allegations by the European Union antitrust regulator that the company abused its dominant position in computer operating systems by bundling Internet Explorer in Windows XP and Vista.  The Association for Competitive Technologies announced April 20 it had been granted so-called "interested third party status" that will allow it to support Microsoft in its legal effort to defend against the Commission allegations.  Subscribers read more ...

Other Internet Commerce news: 
 
·  EU Commission Gains New Ally in Challenge to Packaging of Internet Explorer with Windows
·  DOJ Seeks Extension of Parts of Final Decree in Microsoft Case
·  eHarmony Dating Service Sued for Misrepresentation
·  WTO Panel Ruling Sides with U.S. in Challenge to China's Audiovisual Curbs
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Swedish DPA Extends Journalism Protections to Blogs

Sweden's Data Inspection Board stated in an April 7 ruling that a personal blog did not breach privacy rules by publishing online the name of a suspect in a criminal investigation.  The ruling came after the data board received a number of complaints related to the naming of a physician as a suspect in a murder case.  Subscribers read more ...

Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
No Clear Consensus Emerges in Comments on Distributing Broadband Grant Funds

Hundreds of public broadband stimulus comments were received by the cutoff date of April 13, and more have come in since then, but there is no clear consensus about how best to distribute the $7.2 billion in broadband funds provided by the economic stimulus package.  Key issues that were hashed over in a series of public meetings held in March by the Department of Commerce were revisited in the written comments, with the various stakeholders taking widely divergent positions.  Subscribers read more ...

Other Telecommunications news: 
 
·  USDA Inspector General Report Critical of RUS Broadband Program
·  FCC Approves $46 Million to Fund Six Regional Telehealth Networks
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
FTC Issues Proposal on Consumer Notice for Breaches of Electronic Health Information

The Federal Trade Commission said April 16 that it is asking for public comment on a proposed rule that would require notification of consumers when the security of their electronic health information is breached.  FTC said its proposed rule, required under the recent economic stimulus act, would require the vendors of personal health records and related entities to provide notice to consumers following a breach.  The proposed rule also stipulates that if a service provider to one of these entities experiences a breach, it must notify the entity, which in turn must notify consumers of the breach, the commission said.  Subscribers read more ...

Other Privacy & Security news: 
 
·  EU Official Warns of Online Privacy Threats, Says Reform of Data Protection Rule Overdue
·  Many Government, E-Commerce Sites Fail in Use of E-Mail Authentication, Group Says
·  Retailers Remain Anxious About Potential Liability Under FTC Rules
·  Number of Breached Records Rose in 2008, Organized Crime Sought PINs, Verizon Says
·  Missouri Senate Passes Breach Notice Bill; Montana, Idaho Breach Law Changes Move
·  HHS Issues Guidance on Technologies, Methods to Protect Health Information
·  Report: Many Firms Fail to Tell SEC of Risk to Finances, Reputation from Data Breaches
·  U.K. Privacy Office Orders British Council to Encrypt Portable Devices Following Breach
·  Irish Interim Breach Notification Guidance Recommends Notice to Data Protection Office
·  Collaborative Effort Essential in Tackling Cybersecurity Threats, NSA Officials Say
·  New York Bill Seeks to Add Data Security, Encryption, AG Notice to Breach Notice Law
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Streamlined Sales Tax Stakeholders Help Lawmakers Draft Bills for Reintroduction

States, retailers, and other stakeholders in the Streamlined Sales Tax and Use Agreement are finalizing legislation empowering states to require remote sellers to collect and remit sales and use taxes, a representative for an organization involved in the process told P&F parent BNA April 21.  The SSUTA stakeholders are assisting Sen. Mike Enzi (R-Wyo.) and Rep. William Delahunt (D-Mass.), the legislative sponsors who serve on the presiding Senate Finance and House Judiciary committees, in drafting measures for introduction in their chambers, said Neal Osten, federal affairs counsel for the National Conference of State Legislatures.  Subscribers read more ...

Other Taxation news: 
 
·  Tax Assessed on Computer Software by Florida County Appraiser Held Improper
·  Thune Ascends to Position of Co-Chair of Congressional Internet Caucus
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Passive Website's Hyperlinks to Commercial Sites Do Not Yield Jurisdiction Absent Control

A Costa Rican software company's website, which was passive but linked to interactive sites, did not provide requisite minimum contacts for specific personal jurisdiction because the company did not control the target sites, the U.S. District Court for the Eastern District of Missouri held March 30.  Magistrate Judge David D. Noce said that the third-party sites were irrelevant to the minimum contacts analysis:  Jurisdiction would turn on the company's purposeful activities, not attenuated links between the company and any third party's online contacts with the state.  1st Technology, LLC v. Digital Gaming Solutions S.A., 2009 ILRWeb (P&F) 1539.  Subscribers read more ...

Other Jurisdiction & Procedure news: 
 
·  Resort's Website No Basis for Rule 4(k)(2) Jurisdiction Over Injury Suffered Off-Premises
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Using South Korean Search Portal, Hackers Exploit E-Commerce Sites, Reused Passwords

The Seoul District Public Prosecutors' Office April 17 said it issued indictments against two South Korean hackers for an alleged violation of the Law on the Promotion of Information Communication Network Utilization and the Protection of Data, citing thefts of the Internet identification and passwords of 150,000 subscribers to South Korea's biggest online search portal, Naver.  Subscribers read more ...

Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  A.V. v. iParadigms, LLC, 2009 ILRWeb (P&F) 1639 [4th Cir] (Archiving of student essays in a database used to check whether new submissions might be plagiarized constitutes fair use)
·  Beltronics USA, Inc. v. Midwest Inventory Distribution, LLC, 2009 ILRWeb (P&F) 1623 [10th Cir] (No first sale defense for eBay merchant that resold goods without original warranty)
·  Coupons, Inc. v. Stottlemire, 2009 ILRWeb (P&F) 1631 [ND Cal] (Breach of settlement agreement in DMCA case not material, does not support rescission)
·  1st Technology, LLC v. Digital Gaming Solutions S.A., 2009 ILRWeb (P&F) 1539 [ED Mo] (Passive website's hyperlinks to commercial sites do not yield jurisdiction absent control)
·  Harris v. Mexican Specialty Foods, Inc., 2009 ILRWeb (P&F) 1629 [11th Cir] (Statutory damages provision of the Fair Credit Reporting Act is not unconstitutionally vague and excessive on its face)
·  Midland Heart Ltd. v. Black, 2009 ILRWeb (P&F) 1541 [WIPO] (Use of complainant's mark for gripe site was not in bad faith in violation of UDRP)
·  Neuwirth v. Silverstein, 2009 ILRWeb (P&F) 1333 [Cal Ct App] (Websites accessible to the public are "public forums" for purposes of California's anti-SLAPP statute)
·  Nikolits v. Verizon Wireless Personal Communications L.P., 2009 ILRWeb (P&F) 1635 [Fla Dist Ct App] (Tax assessed on computer software by Florida county appraiser held improper)
·  Oldfield v. Pueblo de Bahia Lora, S.A., 2009 ILRWeb (P&F) 1335 [11th Cir] (Resort's website no basis for Rule 4(k)(2) jurisdiction over injury suffered off-premises)
·  Sony BMG Music Entertainment, In re, 2009 ILRWeb (P&F) 1633 [1st Cir] (Federal district court exceeded its discretion in allowing streaming Internet coverage of a hearing in a recording industry case against a university student alleged to have illegally downloaded and shared copyrighted music files over the Web)
·  Southern Co. v. Dauben, Inc., 2009 ILRWeb (P&F) 1637 [5th Cir] (Federal district court abused its discretion by issuing preliminary injunction against cybersquatter without considering fair use under ACPA)
·  Sudduth v. Donnelly, 2009 ILRWeb (P&F) 1627 [ND Ill] (Section 1983 claim against eBay dismissed because eBay did not act under color of state law)
·  World Market Center Venture, LLC v. Ritz, 2009 ILRWeb (P&F) 1337 [D Nev] (Motion to enjoin use of and transfer generic domain name is denied)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Imageline, Inc. v. Goetze (Complaint), 2009 ILRWeb (P&F) 1452 [CD Cal] (Company specializing in the production of original electronic graphic art content, or clip art, alleges that defendants are offering its copyrighted images for sale online without authorization)
·  Imageline, Inc. v. Hendricks (Complaint), 2009 ILRWeb (P&F) 1450 [CD Cal] (Company specializing in the production of original electronic graphic art content, or clip art, alleges that defendants are offering its copyrighted images for sale online without authorization)
·  Imageline, Inc. v. Mintskovsky (Complaint), 2009 ILRWeb (P&F) 1448 [CD Cal] (Company specializing in the production of original electronic graphic art content, or clip art, alleges that defendants are offering its copyrighted images for sale online without authorization)
·  Kelly v. eHarmony, Inc. (Class Action Complaint), 2009 ILRWeb (P&F) 1600 [CD Cal] (eHarmony online dating service sued for misrepresentation)
·  Medieval Times USA, Inc. v. Alcatraz Media, Inc. (Complaint), 2009 ILRWeb (P&F) 1446 [CD Cal] (Trademark infringement and Lanham Act action against Internet ticket seller)
·  Morgan v. Goldman Sachs & Co. (Complaint), 2009 ILRWeb (P&F) 1444 [SD Fla] (Blogger files declaratory judgment action against Goldman Sachs pertaining to domain names used for gripe site)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Web Video Usage: A Consumer Survey – New!
Pike & Fischer has found that consumers have no plans to cut back their spending on multichannel video services this year, although many are opting against buying premium packages or VOD movies. Households that reported watching Web-based video on a regular basis were in fact the most likely respondents to say they will keep their traditional multichannel video service. This report details our survey findings, including a variety of demographic information about Web video usage, and provides an outlook on how cable operators are responding to the rise of online video. Twenty-one tables and charts are included.  Learn More  Order Now

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

Events & Conferences


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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