Wednesday, September 6, 2006		ILR Home Page

Weekly Alert September 6, 2006 21st Annual Intellectual Assets and Technology Law Institute Latest News Intellectual Property Internet Commerce Telecommunications Privacy & Security Taxation Criminal Liability Latest Cases Latest Pleadings, Motions, & Briefs Submissions Welcome Subscription Information

21st Annual Intellectual Assets and Technology Law Institute ILR Advisory Board member Ray Nimmer will be speaking at the 21st Annual Intellectual Assets and Technology Law Institute, to be held October 5 - 6, in Irving, Texas. Contact the Texas Institute of Continuing Legal Education for details.

Latest News INTELLECTUAL PROPERTY Court Declines to Stay SCO Lawsuit Pending Outcome of SCO-SuSE Linux Arbitration Case The bulk of SCO's copyright infringement and slander of title lawsuit against Novell, Inc. will move forward, notwithstanding a pending arbitration proceeding between The SCO Group, Inc. and a wholly-owned subsidiary of Novell involving related issues, the U.S. District Court for the District of Utah ruled Aug. 21. Judge Dale A. Kimball declined to stay the litigation pending the outcome of an arbitration between SCO and SuSE Linux GmbH over rights in SCO code contributed to UnitedLinux. SCO Group, Inc. v. Novell, Inc., 2006 ILRWeb (P&F) 2473. Read more...

Other Intellectual Property news: 'Online' Is Not Necessarily Generic Copyright Protection for Works on Internet Takes Effect in Russia Search ILR's Intellectual Property database

INTERNET COMMERCE Microsoft, DOJ Ask Court to Extend Communications Protocol Licensing Terms The Justice Department and Microsoft Corp. want an extension of certain provisions of their consent decree, particularly those relating to communications protocol licensing, according to an Aug. 30 joint motion to modify the decree filed in the U.S. District Court for the District of Columbia. The proposed modifications to the Nov. 12, 2002, judgment, DOJ and Microsoft contend, will ensure that the portion of the decree relating to communications protocol licensing "is given a full opportunity to succeed." United States v. Microsoft Corp. (Joint Motion to Modify Final Judgment), 2006 ILRWeb (P&F) 2436. Read more... Search ILR's Internet Commerce database

TELECOMMUNICATIONS Canadian Telecom Regulator Confirms 2005 Decision to Regulate VoIP Services Canada's federal telecommunications regulator on Sept. 1 confirmed its May 2005 decision to regulate Voice over Internet Protocol (VoIP) services that are used as a replacement for traditional local exchange telephone services. At the same time, the Canadian Radio-television and Telecommunications Commission noted that competition in local telephone service markets has increased more than it had anticipated, which has forced the agency to reassess some aspects of its policy to forbear from regulating local services. CRTC Telecom Decision 2006-53 (Reconsideration of Regulatory Framework for Voice Communication Services Using Internet Protocol), 2006 ILRWeb (P&F) 2601. Read more...

Other Telecommunications news: Verizon Eliminates DSL Surcharge Citing Consumer Concerns About Fee California Video Franchise Reform Bill Heads to Governor's Desk for Signature Search ILR's Telecommunications database

PRIVACY & SECURITY DHS Examining Ways to Entice Firms to Invest in Cybersecurity, Official Says The Department of Homeland Security is studying ways to encourage businesses to invest in cybersecurity programs, said Andy Purdy, acting director of the DHS National Cybersecurity Division, in a recent interview. Purdy said he has been meeting with the National Cyber Security Partnership, an industry coalition, and with DHS Assistant Secretary for Policy Development Stewart Baker to "try to get a better handle on what the various options are for potential incentives." Specifically, the department has been looking at ways the government can offer liability limits to companies that comply with cybersecurity standards, according to Purdy. Read more...

Other Privacy & Security news: Hackers Access Credit Card Data of 19,000 AT&T Online Store Customers Health IT Advocate Sees Paper Records as Less Secure than E-Records, Some Disagree NIST Issues Draft E-Mail, Web Security, Intrusion Detection, Prevention Guides Search ILR's Privacy & Security database

TAXATION IRS Outlines Software Business Models Eligible for Tax Benefits in Possessions The Internal Revenue Service Aug. 29 assured taxpayers that software companies whose business activities are located entirely within a U.S. possession are eligible for the tax benefits of that jurisdiction. In Notice 2006-76, the agency set out two examples of companies that would fit that criteria, including a software development and sales company and an application service provider that allows customers to transmit data to a server for analysis. Carl Dubert, an international tax practitioner with PricewaterhouseCoopers LLP, Washington, D.C., said the guidance appears to be an effort by the government to let taxpayers know that possessions benefits are still available despite a push to crack down on abuses in the past two years. Read more...

Other Taxation news: Streamlined Sales Tax Project's Governing Board Endorses Hold-Harmless Provision for Purchasers Rhode Island Enacts Omnibus Budget Bill Conforming Sales, Use Tax Laws to SSUTA Search ILR's Taxation database

CRIMINAL LIABILITY Warrant for Blanket Seizure of Storage Media Must Be Supported by Explanatory Affidavit A search warrant authorizing the wholesale seizure of computer storage media for future off-site examination by law enforcement officers was overly broad, absent a supporting affidavit giving a reasonable explanation as to why such a blanket seizure was necessary, the U.S. Court of Appeals for the Ninth Circuit held Aug. 11. Nevertheless, the court said, suppression of evidence found on the storage media was not an appropriate remedy where the officers acted reasonably in executing the warrant. United States v. Hill, 2006 ILRWeb (P&F) 2419. Read more...

Other Criminal Liability news: Computer Search Warrant OK Despite Lack of Images Search ILR's Criminal Liability database

Latest Cases Action Tapes, Inc. v. Mattson, 2006 ILRWeb (P&F) 2471 [8th Cir] (Failure to register computer program preludes recovery under Computer Software Rental Amendments Act) CRTC Telecom Decision 2006-53, 2006 ILRWeb (P&F) 2601 [CRTC] (CRTC reaffirms VoIP regulatory regime and initiates a proceeding to reassess certain aspects of local forbearance framework) HMV Group plc v. Briley, 2006 ILRWeb (P&F) 2287 [WIPO] (Court-appointed receiver has legitimate rights and interests in disputed domain name in her capacity as fiduciary of dissolved corporation) Janes v. Watson, 2006 ILRWeb (P&F) 2475 [WD Tex] ('Online' is not necessarily generic) King's English, The v. Shurtleff (Stipulated Order), 2006 ILRWeb (P&F) 2465 [D Utah] (Stipulated preliminary injunction barring enforcement of Utah filtering and blocking law) Picture It Sold, Inc. v. iSOLD It, LLC, 2006 ILRWeb (P&F) 2469 [9th Cir] (Search results unpersuasive where query failed to place trademarked phrase in quotation marks) SCO Group, Inc. v. Novell, Inc., 2006 ILRWeb (P&F) 2473 [D Utah] (Court declines to stay SCO lawsuit pending outcome of SCO-SuSE Linux arbitration case) Shaw v. Hyatt International Corp., 2006 ILRWeb (P&F) 2467 [7th Cir] (Express contract precluded consumer fraud claim arising from online hotel reservation) TriVectra v. Ushijima, 2006 ILRWeb (P&F) 2289 [Haw Sup Ct] (Activities related to marketing of "online shopping malls" violated several provisions of Hawaii's securities laws) United States v. Battershell, 2006 ILRWeb (P&F) 2417 [9th Cir] (Computer search warrant OK despite lack of images) United States v. Hill, 2006 ILRWeb (P&F) 2419 [9th Cir] (Affidavit in support of warrant must explain why blanket seizure of computer storage media is necessary) VoiceNet Communications, Inc. v. Corbett, 2006 ILRWeb (P&F) 2477 [ED Pa] (CDA immunity extends to state criminal laws) Search ILR's Cases database

Latest Pleadings, Motions, & Briefs Capitol Records, Inc. v. Foster (Defendant's Request for Court to Take Judicial Notice in Response to Plaintiffs' Opposition to Motion for Leave to File Amici Brief), 2006 ILRWeb (P&F) 2438 [WD Okla] (Defendant in P2P suit asks court to take judicial notice of case voluntarily dismissed by RIAA, and to grant EFF's motion for leave to file amicus curiae brief) Capitol Records, Inc. v. Foster (Plaintiffs' Opposition to Motion for Leave to File Amici Brief), 2006 ILRWeb (P&F) 2434 [WD Okla] (RIAA opposes motion by EFF and others for leave to file amicus brief in P2P infringement case) Sony BMG Music Entertainment v. Arellanes (Defendant's Response to Plaintiff's Motion to Compel), 2006 ILRWeb (P&F) 2432 [ED Tex] (Defendant in infringement case opposes RIAA's attempt to compel an unrestricted examination of her computer's hard drive) United States v. Microsoft Corp. (Joint Motion to Modify Final Judgment), 2006 ILRWeb (P&F) 2436 [D DC] (Microsoft, DOJ ask court to extend communications protocol licensing terms) Search ILR's Pleadings database

Submissions Welcome Have you got a case or a pleading you'd like to see highlighted? Are you interested in submitting an article for inclusion in ILR's "Analysis & Perspective" section? Please send submissions to Mark Smith, Managing Editor, Pike & Fischer Internet Law & Regulation, 1010 Wayne Ave., Suite 1400, Silver Spring, MD 20910-5600; tel. 800-255-8131 x265, fax 301-562-1521, or e-mail msmith@pf.com.

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.