Pinning Down Cloud Computing: Legal Risk Management and Best Practices for Business - Next Week!

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
 
Failure to Include Statement of Good Faith in DMCA Notice Did Not Preclude Sanctions

A party could not escape potential sanctions for alleged misrepresentations made in a Digital Millennium Copyright Act takedown notice by asserting the notice did not contain a statement of good faith, the U.S. District Court for the Northern District of California held April 15.  Though Internet service providers' ability to claim safe harbor for removing content named in a takedown notice does turn on whether the notice "substantially complies" with DMCA notice requirements, Judge Susan Illston said a sender could not hide behind deficiencies in his own notice to avoid potential liability for misrepresentations therein.  Brave New Films 501(c)(4) v. Weiner, 2009 ILRWeb (P&F) 1651.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Internet Archive Warns of Online Book Market Consolidation from Google Settlement
·  Copyright Royalty Board Seeks Comments on Methods for Collecting License Data
·  Goods on Amazon Not Marketed in Same Channel
·  P2P User's 'Harassment' Counterclaim Against Record Companies Dismissed
·  Internet Radio Firms Pandora, Napster Found Not Liable for Patent Infringement
·  Pirate Bay Verdict Helpful to International Copyright Enforcement Battle, Lawyers Say
·  Software Programmer Stored to RAM Was Copied, but Only Some Copies Infringed
·  Domain Name Made Up of Generic Terms Held Not Infringing of Similar Trademarks
·  DMCA §512(f) Sanctions Unavailable for Misrepresented Trademark Take-Down Notice
·  Mootness Doctrine Bars Review of Dismissed Case's Ruling YouTube Not Shielded by DMCA
·  Court Enjoins Software Company from Using Former Employer's Marks on Its Website
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Site Terms with Unilateral Right to Modify by One Party Declared Illusory, Unenforceable

An online terms of use agreement that reserved to the website operator the right to unilaterally modify the agreement was an unenforceable "illusory contract," the U.S. District Court for the Northern District of Texas held April 15.  With this view of the law in mind, the court denied the website's motion to compel contractually required individual arbitration of the plaintiff's privacy claims.  Harris v. Blockbuster, Inc., 2009 ILRWeb (P&F) 1641.  Subscribers read more ...

Other Internet Commerce news: 
 
·  State, Local Officials Taking Creative Steps to Deter Unlawful Internet Gambling Sites
·  Pizza Incident Reminds of Risks Associated with Employee Use of Web 2.0 Technologies
·  ICANN's Potential Independence Draws NTIA Comment Period, Stakeholder Concerns
·  Enabling Consumer Choice Regarding Data Called Key to Success in Mobile Marketing
·  Canada's Anti-Spam Bill Would Create Private Right to Sue, Penalties, More
·  Florida Rules on Lawyer Web Advertising Challenged
·  President Taps Chopra, Zients to Serve as Chief Technology, Performance Officers
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Federal Court Upholds Vermont Law Curbing Sale of Doctor-Prescribing Data

A federal judge in Vermont April 23 upheld a state law prohibiting the sale or use of prescriber-identifiable data for the marketing of prescription drugs.  Rejecting a challenge to the June 2007 law by three firms engaged in the sale of prescriber information to pharmaceutical firms, Judge J. Garvan Murtha of the U.S. District Court for the District of Vermont held that the state "has met its burden to justify" the law's "limited restraint on commercial speech" by demonstrating that the measure likely would lower costs and protect public health.  IMS Health, Inc. v. Sorrell, 2009 ILRWeb (P&F) 1647.  Subscribers read more ...

Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Wireless Lobbyists Say They Need More Spectrum to Meet Consumer Demand

In order to provide consumers with the mobile broadband experience they want, wireless providers need more spectrum, representatives from the wireless industry said April 23.  A bill sponsored by Sens. John Kerry (D-Mass.) and Olympia Snowe (R-Maine), the "Radio Spectrum Inventory Act" (S. 649), is a good start, they said.  But given rapid consumer adoption of bandwidth-hungry devices, the Federal Communications Commission should consider other alternatives as well, such as freeing up restrictions on the D Block and conducting a new auction.  Subscribers read more ...

Other Telecommunications news: 
 
·  GAO Urges FCC to Target Funds to Schools, Libraries Most in Need
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Companies Advised to Not Use Cloud Computing Services to Store Sensitive Data

Cloud computing services have made it quick and easy to sign up for remote data storage services, but companies must carefully consider the ramifications of turning their data over to third party vendors, attorneys advised April 16.  With a swipe of a credit card and a click to accept the terms of use, companies can store data remotely on cloud services.  Cloud hosting can benefit companies by reducing costs, increasing storage capabilities, and providing employees with access to company data from anywhere.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Congress, Regulators Continue Focus on Targeted Online Marketing, Data Collection
·  PIPEDA Guards U.S.-Canada Border, but Permits Easy Passage of Personal Data
·  FTC Expedites COPPA Review in Light of Mobile Marketing Trends
·  Obama Administration Cybersecurity Official Provides Early Peek at Cyberspace Review
·  House Panel Seeks Details from DOJ, FTC on Efforts to Address P2P File-Sharing Risks
·  Boucher Plans to Move Forward with Drafting Online Privacy Measure
·  Focus of New Red Flags Rule on Flexibility, Risk Levels, Good Faith
·  U.K. Parliamentary Group Launches Inquiry Into ISP Role in Catching Bad Actors on Net
·  ICO Rules Google's Street View Does Not Violate Privacy
·  U.K. Seeks Comment on Requiring Telecoms to Compare Third Party Data
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Digital Architectural Images Taxable, Missouri Says

Architectural images created as watercolor paintings and delivered electronically as digital images are subject to sales and use tax as tangible personal property, the Missouri Department of Revenue advised.  Missouri Department of Revenue Letter Ruling No. 5532, 2009 ILRWeb (P&F) 1545.  Subscribers read more ...

Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Exposure to Web Terms Binds Unauthorized Users

A forum selection clause presented in a website's terms of use binds site users, authorized and unauthorized alike, when use is conditioned on at least periodically viewing the terms, the U.S. District Court for the District of Maryland held March 31.  The court said that two California individuals who had allegedly used another's password to gain unauthorized access to a Maryland corporation's website were subject to personal jurisdiction in Maryland based on their exposure to the site's terms of use.  CoStar Realty Information, Inc. v. Field, 2009 ILRWeb (P&F) 1505.  Subscribers read more ...

Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
State Bills Regulating Social Networks Largely Directed to Predators, Cyberbullies

Legislative discussions about the need to protect children from exploitation and victimization online have gone hand-in-hand with the exploding popularity of social networking sites.  In the wake of the 2008 agreement between MySpace and Facebook, two of the largest and most popular networks, and 49 state attorneys general to protect minors from sexual predators online, the majority of state legislative efforts to regulate social networks have been centered around protecting children from predators.  Subscribers read more ...

Other Criminal Liability news: 
 
·  Cybercriminals Now Targeting PINs, Prepaid Payroll Cards, DOJ Official Says
·  Causing Unwanted E-Mails Not 'Stalking' Under Oregon Law If Safety Not Threatened
·  Milan Court Retains Criminal, Privacy Cases Against Google, Sends Related Case to Rome
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  American Automobile Association, Inc. v. Darba Enterprises, Inc., 2009 ILRWeb (P&F) 1653 [ND Cal] (Website that offers free insurance rate quote is active and commercial for purposes of exercising jurisdiction)
·  Asis Internet Services v. Consumerbargaingiveaways, LLC, 2009 ILRWeb (P&F) 1649 [ND Cal] (Claims brought under California anti-spam law not preempted by CAN-SPAM)
·  Brave New Films 501(c)(4) v. Weiner, 2009 ILRWeb (P&F) 1651 [ND Cal] (Failure to include statement of good faith in DMCA notice did not preclude sanctions)
·  CoStar Realty Information, Inc. v. Field, 2009 ILRWeb (P&F) 1505 [D Md] (Exposure to web terms binds unauthorized users)
·  Deltek, Inc. v. Iuvo Systems, Inc., 2009 ILRWeb (P&F) 1655 [ED Va] (Former employees who used plaintiff's mark in metatags and on website are preliminarily enjoined from using plaintiff's mark)
·  Harris v. Blockbuster, Inc., 2009 ILRWeb (P&F) 1641 [ND Tex] (Online terms of use agreement that reserved to the website operator the right to unilaterally modify the agreement was an unenforceable "illusory contract")
·  IMS Health, Inc. v. Sorrell, 2009 ILRWeb (P&F) 1647 [D Vt] (Court upholds Vermont law prohibiting the sale or use of prescriber-identifiable data for the marketing of prescription drugs)
·  Missouri Department of Revenue Letter Ruling No. 5532, 2009 ILRWeb (P&F) 1545 [Mo Dep't Rev] (Architectural images delivered electronically as digital images are subject to sales and use tax as tangible personal property)
·  MOAEC, Inc. v. Pandora Media, Inc., 2009 ILRWeb (P&F) 1645 [WD Wis] (Internet radio firms Pandora, Napster found not liable for infringement of patent on song playlist generation and playback)
·  Osborne v. Fadden, 2009 ILRWeb (P&F) 1117 [Ore Ct App] (Signing an adversary up for thousands of unwanted e-mails, while obnoxious, does not rise to the level of stalking required for a stalking protective order without evidence that the e-mails caused the recipient to fear for her personal safety)
·  SimplexGrinnell LP v. Integrated Systems & Power, Inc., 2009 ILRWeb (P&F) 1523 [SD NY] (Programming software that is necessarily loaded into a computer's random access memory when it is activated is "copied," for purposes of the Copyright Act, each time it is used)
·  Tur v. YouTube, Inc., 2009 ILRWeb (P&F) 1657 [9th Cir] (YouTube's appeal from denial of summary judgment is moot where underlying copyright infringement case has been dismissed)
·  Twelve Inches Around Corp. v. Cisco Systems, Inc., 2009 ILRWeb (P&F) 1533 [SD NY] (DMCA §512(f) sanctions unavailable for misrepresented trademark take-down notice)
·  UMG Recordings, Inc. v. Martino, 2009 ILRWeb (P&F) 1643 [MD Pa] (Alleged music copyright infringer's 'harassment' counterclaim against record companies dismissed)
·  Volkswagen AG v. Dorling Kindersley Publishing, Inc., 2009 ILRWeb (P&F) 1543 [ED Mich] (In order to prove that an allegedly infringing children's book was sold in the same marketing channels as the trademark owner's goods, the owner must do more than merely assert that both were sold on the Amazon.com site)
·  World Market Center Venture, LLC v. Ritz, 2009 ILRWeb (P&F) 1337 [D Nev] (Domain name made up of generic terms held not infringing of similar trademarks)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Kentucky, Commonwealth of v. Interactive Media Entertainment & Gaming Association, Inc. (Amicus Curiae Brief of Electronic Frontier Foundation, et al.), 2009 ILRWeb (P&F) 1602 [Ky] (Amici urge Kentucky Supreme Court to uphold ruling that blocks state officials from ordering out-of-state registrars to turn over control of domain names associated with gambling sites)
·  OdioWorks, LLC v. Apple, Inc. (Complaint), 2009 ILRWeb (P&F) 1606 [ND Cal] (EFF sues Apple to defend First Amendment rights of operator of noncommercial, public Internet "wiki" site)
·  Rothman v. Florida Bar (Complaint), 2009 ILRWeb (P&F) 1604 [SD Fla] (Lawsuit alleges Florida Bar's distinction between attorney-owned websites and commercial websites such as Avvo.com for purposes of attorney advertising unconstitutionally restricts speech)
 
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

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