November 18, 2009 
 
Publication Schedule
Latest News
·  Intellectual Property
·  Internet Commerce
·  Freedom of Speech
·  Telecommunications
·  Privacy & Security
·  Taxation
·  Jurisdiction & Procedure
·  Criminal Liability
Latest Cases
Latest Pleadings, Motions, & Briefs
Latest Research from Pike & Fischer 
Events & Conferences
·  Social Networking in the Workplace - New Webinar
·  Broadband Policy Summit VI - Advance Early Bird Discount
Internet Law Attorney Directory
Subscription Information

Publication Schedule

The ILR Weekly Alert will not publish the Wednesday before Thanksgiving. The next issue will be dated Wednesday, December 2, 2009. The ILR staff wishes its readers a very Happy Thanksgiving!

Latest News 
 
INTELLECTUAL PROPERTY
 
Software Enabling Mac Operating System to Run on PCs Violated DMCA, Copyright Act

A company that sold software that decrypted the Mac OS X operating system and enabled it to run on non-Apple computers violated anti-circumvention and anti-trafficking provisions in the Digital Millennium Copyright Act and infringed Apple's copyrights, the U.S. District Court for the Northern District of California held Nov. 13.  Apple, Inc. v. Psystar Corp., 2009 ILRWeb (P&F) 3035.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Revised Google Book Search Settlement Excludes Foreign Works, Shifts Other Terms
·  Stakeholders Question Future of Business Method Patents After Bilski Oral Argument
·  WIPO Official Touts Fast Track Procedure for Settling Internet Domain Name Disputes
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Website Terms Users Clicked to Accept, Plus Forum-Selection Clause, Were Binding

Users of the Match.com website who checked a box to accept the terms of service must pursue a lawsuit against the service in the forum designated in the contract, the U.S. District Court for the Southern District of New York held Oct. 28.  Brodsky v. Match.com LLC, 2009 ILRWeb (P&F) 2901.  Subscribers read more ...

Other Internet Commerce news: 
 
New Analysis & Perspective: Modern Contracts: Boilerplate Needs an Overhaul for the Information Economy, by Holly K. Towle, K&L Gates LLP
·  Software Maker Not Liable in Husband's Spyware Suit; 'Humiliation' Not Enough
·  FTC Seeks Sanctions from Web Companies That Defied Order to Halt PC Marketing Scam
·  UK Information Office Set to Approve Binding Corporate Rules for eBay, ICO Says
·  FDA Should Be Flexible in Regulating Internet Marketing of Medical Products
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Journalist's Use of Twitter in Court Banned as Impermissible 'Broadcast'

Tweets are "broadcasts" for purposes of Federal Rule of Criminal Procedure 53, and as such may not be composed in the courtroom, the U.S. District Court for the Middle District of Georgia ruled Nov. 2.  United States v. Shelnutt, 2009 ILRWeb (P&F) 3013.  Subscribers read more ...

Other Freedom of Speech news: 
 
·  Free Speech Issues Emerge as Judge Unmasks Identity of Online Commenter
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Agencies Agree on One More Round to Distribute Last Broadband Funds

The two federal agencies charged with distributing $7.2 billion to support broadband infrastructure announced Nov. 10 that the remainder of the funds will be awarded in one final application round, not two as initially contemplated.  Subscribers read more ...

Other Telecommunications news: 
 
·  FCC Examines Broadband Questions Related to Business Adoption, Health IT
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Public Outcry May Prompt Behavioral Tracking Laws, but Careful Drafting Needed

Consumer animosity towards behavioral marketing strategies remains high, and that negative energy may prompt legislation in the new year—but for Congress to be successful at regulating behavioral marketing, tighter definitions and a better understanding of consumer concerns are needed, privacy lawyers said Nov. 12.  Subscribers read more ...

Other Privacy & Security news: 
 
·  FTC Seeks More Time to Respond to Court Order on 'Red Flag' Rules
·  ABA Panelists Study Work Privacy Issues; Law Unsettled on Social Media, Monitoring
·  FTC Faces New Lawsuit Challenging 'Red Flag' Rules
·  OECD Report Advises Governments, Business to Boost Confidence in Online Commerce
·  APEC Ministers OK Cross-Border Data Transfer Privacy Enforcement Agreement
·  U.K. Continues Push to Mandate Web Data Retention Despite Public's Privacy Concerns
·  Swiss Data Protection Agency Initiates Court Action Against Google Over Street View
·  House Science Subcommittee Approves Bill Increasing NIST's Cybersecurity Authority
·  French Bill Proposes Breach Notification Requirement That Goes Beyond EU Measure
·  Court Approves Customer Class Settlement in Hacking Breach at Montana Financial Firm
·  OECD: Public, Private Sectors Should Join to Better Protect Consumer Privacy, Children
·  Employee Holiday Online Shopping at Work Exposes Unwary Firms to Data Security Woes
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
CBPP Claims Amazon's Position on Sales Taxation Disingenuous

The primary arguments posed by Internet retailer Amazon.com against the collection of sales taxes by online retailers "do not withstand scrutiny," the Center on Budget and Policy Priorities said in a Nov. 16 report.  Subscribers read more ...

Other Taxation news: 
 
·  Indiana Found Noncompliant with SSUTA Digital Goods Provisions
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Social Networks Can Provide Valuable Evidence, but Lawyers Urge Careful Strategy

The popularity of social networking websites brings both benefits and risks to litigation: Networks can be invaluable sources of information on litigants, but the uncautious lawyer may find himself in over his head where evidence rules and ethics are concerned, attorneys speaking at Strafford Publications's "Social Networking Websites: The Emerging Litigation Tool" webinar said Nov. 11.  Subscribers read more ...

Other Jurisdiction & Procedure news: 
 
·  GoDaddy's Illinois Ads, Contracts, Revenues Did Not Target State for Jurisdiction Purposes
·  Allowing Residents to Access Website Was Not Equivalent to Forum Targeting
·  Registering Domain Name Similar to Forum Resident's Did Not Create Jurisdiction There
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Overbroad E-Mail Search Warrant Not Saved by Unincorporated Limiting Affidavit

A search warrant granting government officers permission to collect all of a defendant's personal e-mails up to a certain date is, without some reference to an alleged crime, constitutionally overbroad, even in the presence of a limiting affidavit, the U.S. District Court for the Eastern District of New York held Oct. 26.  United States v. Cioffi, 2009 ILRWeb (P&F) 2887.  Subscribers read more ...

Other Criminal Liability news: 
 
·  State of the Art Hacker Ring Stole Millions from Credit Card Processor, Justice Alleges
 
Subscribers may search ILR's Criminal Liability database

Latest Cases 
 
·  American Association of Blood Banks v. Boston Paternity, LLC, 2009 ILRWeb (P&F) 2917 [D Md] (Court will not reconsider jurisdictional ruling based on evidence of "hidden" webpages)
·  Apple, Inc. v. Psystar Corp., 2009 ILRWeb (P&F) 3035 [ND Cal] (Software enabling Mac operating system to run on PCs violated DMCA, Copyright Act)
·  Authors Guild, Inc. v. Google, Inc. (Amended Proposed Settlement Agreement), 2009 ILRWeb (P&F) 3023 [SD NY] (Revised Google book search settlement excludes foreign works, shifts other terms)
·  Authors Guild, Inc. v. Google, Inc. (Amended Proposed Settlement Agreement – Redlined Version), 2009 ILRWeb (P&F) 3025 [SD NY] (Redlined version of the revised Google book search settlement)
·  Bilski v. Kappos (Oral Argument of Nov. 9, 2009), 2009 ILRWeb (P&F) 3015 [US] (Questions asked by justices seem to express doubt that a method of hedging consumption risk in commodities should be patentable, and more generally hint that they are suspicious of the concept of patenting a business method in the absence of a meaningful physical implementation)
·  Brodsky v. Match.com LLC, 2009 ILRWeb (P&F) 2901 [SD NY] (Users of the Match.com website who checked a box to accept the terms of service must pursue a lawsuit against the service in the forum designated in the contract)
·  Capital Confirmation, Inc. v. AuditConfirmations, LLC, 2009 ILRWeb (P&F) 3019 [MD Tenn] (Colorado company's interactive website could not form the basis for specific personal jurisdiction in Tennessee because the site did not reveal a specific intent to interact with state residents)
·  Diagnostic Devices, Inc. v. Pharma Supply, Inc., 2009 ILRWeb (P&F) 2911 [WD NC] (Puerto Rican company that registered and used a domain name similar to a North Carolina company's did not direct its activities towards the state because its customers were located nationwide)
·  Hayes v. SpectorSoft Corp., 2009 ILRWeb (P&F) 3017 [ED Tenn] (Man whose former wife targeted him with spyware failed to convince the court that his allegations and expert evidence against the software company support product liability and negligence claims under Tennessee law)
·  Krottner v. Starbucks Corp., 2009 ILRWeb (P&F) 2551 [WD Wash] (While an increase in the risk of identity theft is a constitutionally sufficient injury, plaintiffs have no injury cognizable under Washington common law)
·  Lahoti v. Vericheck, Inc., 2009 ILRWeb (P&F) 3027 [9th Cir] (District court properly held that repeat cybersquatter acted with bad faith intent to profit)
·  LTVN Holdings LLC v. Odeh, 2009 ILRWeb (P&F) 3031 [D Md] (A single click was sufficient to bind defendant to forum selection clause contained in clickwrap agreement)
·  Mercury Radio Arts, Inc. v. Eiland-Hall, 2009 ILRWeb (P&F) 2915 [WIPO] (Respondent established that it is engaged in legitimate noncommercial or fair use of complainant's mark with domain name parody)
·  Pinter v. D.A. Davidson & Co. (Judgment Approving Amended Settlement Agreement), 2009 ILRWeb (P&F) 3029 [D Mont] (Court approves customer class settlement in hacking breach at Montana financial firm)
·  Stone v. Paddock Publications, Inc., 2009 ILRWeb (P&F) 3021 [Ill Cir Ct] (Judge agrees to reveal within limits the identity of an anonymous Internet user who posted allegedly defamatory comments about the minor son of a candidate for public office on a newspaper website)
·  uBID, Inc. v. GoDaddy Group, Inc., 2009 ILRWeb (P&F) 3033 [ND Ill] (Court lacks personal jurisdiction over Arizona-based domain name registration and hosting company)
·  United States v. Cioffi, 2009 ILRWeb (P&F) 2887 [ED NY] (Overbroad e-mail search warrant not saved by unincorporated limiting affidavit)
·  United States v. Shelnutt, 2009 ILRWeb (P&F) 3013 [MD Ga] (Journalist's use of Twitter in court banned as impermissible 'broadcast')
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  American Institute of Certified Public Accountants v. Federal Trade Commission (Complaint), 2009 ILRWeb (P&F) 3008 [D DC] (CPAs file complaint to bar the FTC from enforcing its "red flag" rules, which require a broad mix of entities to implement identity theft prevention measures, against its members)
·  Authors Guild, Inc. v. Google, Inc. (Memorandum in Support of Plaintiffs' Motion for Preliminary Approval of Amended Settlement Agreement), 2009 ILRWeb (P&F) 3014 [SD NY] (Plaintiffs request the court to grant preliminary approval of the revised Google book search settlement)
·  Federal Trade Commission v. BlueHippo Funding, LLC (Plaintiff's Memorandum in Support of Its Motion for Order to Show Cause), 2009 ILRWeb (P&F) 3010 [SD NY] (FTC seeks sanctions from web companies that defied order to halt PC marketing scam)
·  RealNetworks, Inc. v. DVD Copy Control Association, Inc. (Brief for Plaintiffs-Appellants), 2009 ILRWeb (P&F) 3012 [9th Cir] (RealNetworks challenges ruling that its RealDVD products violate the DMCA)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Telemedicine and the Economic Stimulus: Broadband Opportunities in a Swelling Market – New!
In this report, Pike & Fischer provides descriptions of the latest telemedicine solutions offered in the professional and consumer markets by the top U.S. wireless carriers, MVNOs, cable operators, and application developers, along with 5-year annual revenue forecasts on telemedicine-related spending.  Learn more about this research

Cable Advanced Advertising Market Update and Forecast, 2nd Edition – New!
In this report, we update our analysis of the market, examine recent activity, and provide our adjusted forecast for U.S. cable operator advertising revenue through 2014.  Learn more about this research

Handset Exclusivity Limitations: What's the Potential Impact for Carriers and Manufacturers?
This report provides in-depth analysis of the handset exclusivity debate and our predictions and recommendations on carrier-manufacturer partnerships.  Learn more about this research

Residential VoIP Pricing Update
This recurring report details the pricing and marketing strategies of residential VoIP services. Companies covered include Comcast, Time Warner Cable, Verizon, AT&T, Vonage, and Lingo.  Learn more about this research

Events & Conferences 
 

Social Networking in the Workplace: Maximizing Benefits and Minimizing Legal Risks for Business – An Interactive Webinar
Wednesday, December 16, 2009, 2:00 – 3:30 p.m. EST
Is blocking Facebook the answer ... or is it enough? That's the question facing many businesses as employees communicate electronically both on and off the clock. Join legal experts from Hogan & Hartson, Intel, and IBM as they identify the legal risks inherent in social networking, and offer practical solutions for minimizing those risks and maximizing the bottom line.  Learn More  Register Now


Broadband Policy Summit VI
Advance Early Bird Discount – Save $200 – Expires January 1, 2010
The Fairfax Hotel at Embassy Row, Washington, D.C., June 10-11, 2010
Join us at BPS VI--the 2010 edition of the preeminent annual forum for the broadband telecommunications industry--to air and dissect the critical and complex issues facing broadband businesses and policymakers in the wake of the new National Broadband Plan. Interact with panels of top federal, state, and private sector players and top-level keynoters to gain invaluable, actionable insights into the industry's emerging shape and explore new developments in recurring themes. Register before January 1 at Early Bird Rates and save $200.  Learn More  Join us on LinkedIn

Introducing The Pipe
Pike & Fischer's Broadband Advisory Services team has launched a new blog, The Pipe, devoted to providing you with observations, insights and findings about everything broadband.  We welcome your comments and perspectives.

View all Events & Conferences

Subscription Information

In order to receive your own copy of Internet Law & Regulation's Weekly Alert, please fill out the Weekly Alert sign-up form. Also, invite colleagues to request a trial to ILR. For additional information, contact customercare@pf.com. 

To unsubscribe, do not reply to this message. Instead, please use the unsubscribe feature at the bottom of this email.