Latest News 
 
INTELLECTUAL PROPERTY
 
Damages Amount, 'Making Available' Liability Likely to Arise in File-Sharing Appeal

The amount of the damages awarded to the copyright owners in a case involving online sharing of digitized music files may very well become an issue on appeal, according to a former counsel for the defendant who was hit with a $1.92 million verdict June 18.  Another likely subject of appeal is a ruling that "making available" files on the Internet for others to download does not infringe a copyright holder's distribution right, according to the defendant's former counsel.  Capitol Records, Inc. v. Thomas-Rasset (Verdict), No. 0:06-cv-01497-MJD-RLE.  Subscribers read more ...

Other Intellectual Property news: 
 
·  USTR Announces It Will Move Forward on Intellectual Property Rights Agreement
·  Senate Passes Webcaster Settlement Bill; Legislation Will Go to President for Signing
·  CRS Reports on New Royalty Rates for Digital Transmissions by Webcasters
·  Fact Issues Preclude Ruling That YouTube Video of Talk Show Was Non-Infringing
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Unwanted Text Messages Are 'Calls' for TCPA Purposes, Ninth Circuit Says

Text messages to cell phones are "calls" for purposes of the Telephone Consumer Protection Act, and unsolicited commercial texts can be a violation of that law, the U.S. Court of Appeals for the Ninth Circuit held June 19.  The court reversed and remanded a Northern District of California decision granting summary judgment in favor of book publisher Simon & Schuster, Inc., the sender of so-called "text spam" in this case.  The TCPA should have been interpreted to cover unsolicited commercial text messages, the court said.  Satterfield v. Simon & Schuster, Inc., 2009 ILRWeb (P&F) 2063.  Subscribers read more ...

Other Internet Commerce news: 
 
·  State Legislatures Consider Criminal, Civil Restrictions on Ticket Purchasing Software
·  CFAA Claim Failed Against Party Who Paid to Access Website, but Misused Contents
·  Google Exec Pushes 'Creative Partnerships' to Promote Content in Growing Online Space
·  European Commission Calls on U.S. to Join Push for International Internet Governance
·  Netherlands Spam Law Expands in October to Ban Unsolicited Messages to Businesses
 
Subscribers may search ILR's Internet Commerce database

TELECOMMUNICATIONS 
 
Boucher Says Underserved Areas Deserve Fast, Affordable Broadband

Rep. Rick Boucher (D-Va.), who represents a rural congressional district, June 18 said unserved as well as underserved areas of the country deserve access to fast, affordable broadband service.  "In my view, the absence of competition in the offering of broadband means that the community is underserved," Boucher said.  Boucher, chairman of the House Energy and Commerce Subcommittee on Communications, Technology, and the Internet, said broadband is the new essential infrastructure.  The corridors of commercial opportunity increasingly will be defined by the presence of broadband architecture, he said.  Boucher made his remarks at the "Broadband Policy Summit V" conference hosted by Pike and Fischer.  Subscribers read more ...

Other Telecommunications news: 
 
·  Committee Approves Genachowski, McDowell to Serve on Commission
·  FCC's Copps Initiates Proceeding to Examine Wireless Handset Exclusivity
·  Net Neutrality Agreement Close, but Not Final for Network Operators
·  NTIA's Seifert Updates on Status of BTOP Program
·  AT&T, New Competitor Coalition Trade Barbs Over Special Access
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
TJX, 41 Attorneys General Reach Agreement to Close States' Data Breach Investigations

TJX Companies, Inc. agreed to pay nearly $9.8 million to a group of 41 state attorneys general to end their investigation into a hacking breach involving some 46 million credit cards, according to documents filed June 23 in Massachusetts state court.  The Assurance of Discontinuance, which was filed in the Massachusetts Superior Court for Suffolk County, requires the retailer to pay $5.5 million to the states for their use in general consumer protection efforts, $2.5 million to a "Data Security Trust Fund" to be used by the AGs for consumer personal information protection enforcement and policy efforts, and $1.75 million to cover costs incurred by the states in investigating TJX.  In re TJX Companies, Inc. (Assurance of Discontinuance), 2009 ILRWeb (P&F) 2067.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Online Advertising Firms Face Questions as Lawmakers Gear Up to Draft Privacy Bill
·  DHS Still Has Significant Role in White House Proposed Cyber-Plan, Official Tells Congress
·  Rise of Twitter Highlights Need for Employers to Review, Update Social Networking Policies
·  Beers Confirmed to Oversee Cyber Efforts, Other Areas at DHS
·  FTC Attorneys Say Additional Inquiry Coming Regarding Data Collection for Web Targeting
·  Art. 29 Party Issues Social Website Opinion; Users May Need to Comply with Privacy Law
·  Data Security Software Firms, New York AG Settle
·  European Commission Releases Internet Action Plan
·  Texting with Arrestee's Cell Phone Required Warrant
·  Texas Governor Signs Measure Extending Breach Notice to Public Sector, Health Data
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Court Rules Expedia Must Pay Hotel Tax Assessment Before Disputing It in Court

A California Superior Court judge ruled June 19 that Expedia, Inc. and a subsidiary must pay San Francisco the $34 million the city says they owe in unpaid transient occupancy taxes (TOTs) before the online travel companies may proceed with legal action to contest the assessments.  The order, sustaining demurrers brought by San Francisco to petitions for writ of mandate sought by Expedia, and its Hotwire, Inc. unit, extends the string of recent adverse rulings against Expedia on the issue of hotel occupancy taxes, and makes it more likely the online firm will have to pay millions of dollars before it can fight at least some of those rulings in court.  Expedia, Inc. v. City and County of San Francisco, No. JCCP 4472.  Subscribers read more ...

Other Taxation news: 
 
·  Minnesota Amends Definitions, Services to Comply with Internet Tax Freedom Act
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Click-to-Agree Forum Selection Clause Upheld in Antitrust Action Against eBay

A class of putative antitrust plaintiffs who either had an opportunity to see a forum selection clause in eBay's click-to-agree user agreement or who had close business relationships with users who had clicked to agree is bound by the clause and may not bring action in any alternate venue, the U.S. District Court for the Eastern District of New York held June 10.  Universal Grading Service v. eBay, Inc., 2009 ILRWeb (P&F) 2057.  Subscribers read more ...

Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Conviction Under Threatening Messages Law Required Showing E-Mail Crossed State Lines

The U.S. Court of Appeals for the Fourth Circuit vacated June 10 one count of a defendant's conviction under a law prohibiting the sending of threatening communications, because the government failed to establish that an e-mail crossed state lines.  United States v. Wadford, 2009 ILRWeb (P&F) 2059.  Subscribers read more ...

Other Criminal Liability news: 
 
·  U.S. Businesses Underreport Cyber Incidents, DOJ Official Says
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Brave New Films 501(c)(4) v. Weiner, 27 ILR (P&F) 431 [ND Cal] (Factual issues preclude entry of summary adjudication in dispute triggered by DMCA takedown notice)
·  Gibson v. Craigslist, Inc., 2009 ILRWeb (P&F) 2051 [SD NY] (CDA bars claims against Craigslist for injuries sustained in wake of gun sale)
·  Palacio Del Mar Homeowners Association, Inc. v. McMahon, 2009 ILRWeb (P&F) 2061 [Cal Ct App] (Appeals court reverses ruling that defendant's domain name can be transferred to plaintiff as part of monetary award)
·  Pennsylvania, Commonwealth of v. Cruttenden, 2009 ILRWeb (P&F) 2069 [Pa Super Ct] (Police officer violated the Pennsylvania Wiretapping and Electronic Surveillance Act when he obtained an arrestee's consent—but not a wiretap order—to use his cell phone to exchange text messages with an unknowing suspect)
·  Quigley v. Giblin, 2009 ILRWeb (P&F) 2065 [DC Cir] (Union can require all candidates for local union offices and their supporters to include password protection on their campaign websites limiting access to union members)
·  SalesTraq America, LLC v. Zyskowski, 2009 ILRWeb (P&F) 2055 [D Nev] (Company that allegedly misused proprietary information from a website, to which it paid to subscribe, could not be held liable under CFAA because it did not access the site "without authorization")
·  Satterfield v. Simon & Schuster, Inc., 2009 ILRWeb (P&F) 2063 [9th Cir] (Text messages to cell phones are "calls" for purposes of the TCPA, and unsolicited commercial texts can be a violation of that law)
·  TJX Companies, Inc., In re (Assurance of Discontinuance), 2009 ILRWeb (P&F) 2067 [Mass Super Ct] (TJX agreed to pay nearly $9.8 million to a group of 41 state attorneys general to end their investigation into a hacking breach involving some 46 million credit cards)
·  United States v. Wadford, 2009 ILRWeb (P&F) 2059 [4th Cir] (Court vacated defendant's conviction under law prohibiting threatening communications, because the government failed to establish that an e-mail crossed state lines)
·  United States v. Whorley, 2009 ILRWeb (P&F) 2053 [4th Cir] (Petition for rehearing en banc denied in case involving a conviction for communicating with consenting adults by e-mail detailing fantasies about sexual conduct with children)
·  Universal Grading Service v. eBay, Inc., 2009 ILRWeb (P&F) 2057 [ED NY] (Class of putative antitrust plaintiffs who either had an opportunity to see a forum selection clause in eBay's click-to-agree user agreement or who had close business relationships with users who had clicked to agree is bound by the clause)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Microsoft Corp. v. Lam (Complaint), 2009 ILRWeb (P&F) 2008 [WD Wash] (Microsoft seeks damages and injunctive relief to remedy defendants' fraudulent conduct in perpetrating a massive "click fraud" scheme on its online advertising network)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Communications Industry Report 2009: Views on the U.S. Economic & Regulatory Climate – New!
This is our second annual survey of communications industry executives, engineers and consultants, along with government officials, journalists, and academicians who focus on the communications industry. This year's survey centers on the impact that the recession is having on the communications industry, and on sentiments about the way the Obama administration and Congress are working to expand broadband availability across the country. More than half of respondents say they expect, with the federal government now providing grants to fuel broadband deployment, that the nation will achieve universal broadband availability within the next five to 10 years. But one-fourth of participants believe it will take more than a decade to reach that benchmark. And WiMAX is by far considered the emerging technology that will generate the biggest change in communications market dynamics over the course of the year. Details on these and other results are illustrated in more than 20 charts and graphs.  Learn More  Order Now

VoIP in the Business World: Market Forecast and Analysis, 2nd Edition – New!
This report compares the business-class VoIP offers from six carriers, detailing both the services for large enterprises and SMBs. We then project the market opportunity out to 2013, forecasting both numbers of business-class VoIP lines and resulting revenues. We predict that AT&T, Verizon and Qwest will capture the biggest share of large enterprises as VoIP customers, but will face competition in the SMB space from a variety of new entrants. Fourteen tables and charts are included.  Learn More  Order Now

Events & Conferences 
 

Trademark-Based Keyword Advertising: Potential Liability and Avenues for Relief – New Webinar!
Wednesday, July 22, 2009 | 2:00 – 3:30 p.m. EDT
The debate over the use of others' trademarks to trigger online advertisements is heating up.  A recent ruling held that such use constitutes an actionable "use in commerce"; other cases are pending, including claims against advertisers and search engines, and even class action lawsuits.  At the same time, Google is liberalizing its policy to permit use of third-party trademarks in some text ads.  Join Pike & Fischer for an interactive Webinar featuring legal experts from Google, Santa Clara Law School, and Wilson Sonsini Goodrich & Rosati as they clarify common misconceptions about keyword advertising, examine the implications of third-party trademark use, and offer guidance for brand owners, marketers, resellers, and website operators.  Learn More  Register Now


Pinning Down Cloud Computing: Legal Risk Management and Best Practices for Business – Webinar Recordings Available!
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?  Order a recording of our May 6 webinar featuring legal experts from Sun Microsystems, Salesforce.com, GE Capital, and Wilson Sonsini Goodrich & Rosati, who examined the benefits and risks of cloud computing from both the legal and practical perspectives.  Learn More  Order Now

View all Events & Conferences