Accessibility
in Cyberspace: The ADA's Applicability
Online
An Interactive Audio Conference
November 3, 2006
2:00-3:30 pm EST
A federal district court judge recently
ruled that mega-retailer Target can be sued if
its website is inaccessible to the blind. While
this is not the first high-profile case
interpreting the Americans with Disabilities Act
(ADA) in the online context, it has the
potential to affect websites nationwide.
Join Pike & Fischer and our panel of
legal and IT experts for an insightful audio
conference to help you navigate issues arising
from this controversial ruling.
Learn
More
Register
an unlimited number of participants from a
single call-in location.
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Newspaper
publishers do not have the right to republish
freelance articles in disaggregated form within
electronic databases without paying the authors
of those works, the Supreme Court of Canada held
Oct. 12. The publishers' copyright in the
newspaper as a collective work only applies "so
long as the essence of the newspaper is
preserved," the majority held. That essence is
lost, the court determined, where the articles
become "disentangled" from the context in which
they originally appeared. Robertson v.
Thomson Corp., 2006 ILRWeb (P&F) 2811.
Read
more...
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| The
fees participants play to field a fantasy sports
team in online leagues are not a form of
gambling because the participants risk nothing:
Everyone who pays gets to play a season and is
entitled to a wealth of support services
provided by the league, according to a motion to
dismiss filed Sept. 28 in the U.S. District
Court for the District of New Jersey.
Humphrey v. Viacom, Inc. (Memorandum in
Support of Defendants' Motion to Dismiss), 2006
ILRWeb (P&F) 2624. Read
more... | | | |
| AT&T
amended its list of acceptable merger conditions
Oct. 16 to include abiding by the Federal
Communications Commission's four established net
neutrality principles, but the move did not
appear to placate public interest groups opposed
to the merger. The FCC issued an "erratum" or
correction to a public notice outlining the
conditions that AT&T agreed to accept in
exchange for approval of its more than $78
billion acquisition of BellSouth. The public
notice seeks comment on the proposed merger
conditions, which are due by Oct. 24. Read
more...
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| A
woman whose personal information was allegedly
stolen by a computer hacker lacks standing to
maintain an action against the company whose
computers had been hacked. Because the woman's
alleged injuries—an increased risk of receiving
junk mail and of being an identity theft
victim—are not concrete, the United States
District Court for the Eastern District of
Arkansas dismissed her suit on Oct. 3. Bell
v. Acxiom Corp., 2006 ILRWeb (P&F) 2805.
Read
more... | | | |
The
application of Massachusetts sales and use taxes
to computer products and software is explained
in new regulations issued Oct. 6 by the
Department of Revenue. According to the rules,
830 Code of Massachusetts Regulations 64H.1.3,
sales in Massachusetts of computer hardware,
computer equipment, and prewritten computer
software, regardless of method of delivery, and
reports of standard information in tangible form
are generally subject to the Massachusetts sales
tax. Read
more...
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The
46-nation Council of Europe Oct. 3 announced
that a $250,000 donation from Microsoft will
serve to launch a program aimed at helping
states to implement the Cybercrime Convention, a
CoE-brokered international treaty due to enter
into force in the United States Jan. 1. The
program will help states frame national
legislation in line with the provisions of the
Convention and support the training of judges,
prosecutors, and law enforcement officers in the
investigation, prosecution, and adjudication of
cybercrimes. Read
more...
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American Civil Liberties Union v.
Gonzales, 2006
ILRWeb (P&F) 2819 [ED Pa]
(Constitutional challenge to the Child Online
Protection Act withstands government's motion to
dismiss; plaintiffs have standing)
Asis Internet Services v. Optin Global,
Inc., 2006
ILRWeb (P&F) 2671 [ND Cal] (Allegations
in amended anti-spam complaint satisfy
heightened pleading requirement of Rule 9(b))
Association of American Physicians and
Surgeons, Inc. v. U.S. Department of Health and
Human Services, 2006
ILRWeb (P&F) 2807 [D DC] (Federal court
rejects association's standing to challenge HHS
e-health advisory board)
Bavaro Palace, S.A. v. Vacation Tours,
Inc., 2006
ILRWeb (P&F) 2815 [11th Cir]
(Cybersquatting and Lanham Act claims properly
dismissed where term used as domain name had no
secondary meaning)
Bell v. Acxiom Corp., 2006
ILRWeb (P&F) 2805 [ED Ark] (Mere risk of
identity theft does not satisfy standing in data
breach case)
Benz v. Washington Newspaper Publishing
Co., 2006
ILRWeb (P&F) 2667 [D DC] (Posting
plaintiff's phone numbers and e-mail addresses
on a web site seeking sexual relations supports
invasion of privacy claims of false light and
public disclosure of private facts)
Brannock Device Co. v. ABC Industries,
Inc., 2006
ILRWeb (P&F) 2665 [ND NY] (Use of
trademark in metatags of web site that sells
competing product establishes commercial use)
Dawson v. Brandsberg, 2006
ILRWeb (P&F) 2817 [WD Va] (Realtor's
cybersquatting action against a web host
survives motion to dismiss)
Invention Technologies, Inc. v. Alliance
for American Invention, 2006
ILRWeb (P&F) 2663 [NAF] (Use of disputed
domain names to link to a gripe site is a
legitimate use)
Kaufman v. Nest Seekers, LLC, 2006
ILRWeb (P&F) 2673 [SD NY] (Action for
unlawful access to stored electronic
communications under ECPA and for fraud in
connection with a computer under the CFAA
survives motion to dismiss)
Key v. DSW, Inc., 2006
ILRWeb (P&F) 2675 [SD Ohio] (DSW breach
class claim dismissed; risk of ID theft
insufficient for standing)
Maughan v. Google Technology, Inc.,
2006
ILRWeb (P&F) 2809 [Cal Ct App] (Trial
court did not abuse discretion in reducing
Google's attorney fees in anti-SLAPP case)
Mehta v. J Pereira Fernandes S.A, 2006
ILRWeb (P&F) 1691 [EWHC] (Presence of
sender's e-mail address on an e-mail did not
constitute a signature for the purposes of
Section 4 of the Statute of Frauds)
Person v. Google, Inc., 2006
ILRWeb (P&F) 2813 [SD NY] (Enforcement
of forum selection clause in Google's AdWords
contract)
Robertson v. Thomson Corp., 2006
ILRWeb (P&F) 2811 [Can Sup Ct]
(Databases compiled by newspapers and other
publishers cannot reproduce freelance work
without the specific agreement of freelancers)
Static Control Components, Inc. v.
Lexmark International, Inc., 2006
ILRWeb (P&F) 2661 [ED Ky] (Printer chip
maker's antitrust claims against Lexmark falter
for lack of standing)
Wal-Mart Stores, Inc. v. Yoon, 2006
ILRWeb (P&F) 2669 [WIPO] (Domain name
"boycottwalmart.com" not confusingly similar to
Wal-Mart's trademark)
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Bragg v. Linden Research, Inc. (Complaint
in Civil Action), 2006
ILRWeb (P&F) 2800 [Pa Ct Com Pleas]
(Second Life misleads users on ownership,
alleges lawsuit on confiscated virtual land)
CLRB Hanson Industries, LLC v. Google,
Inc. (Memorandum in Support of Defendant's
Motion for Summary Judgment), 2006
ILRWeb (P&F) 2804 [ND Cal] (Google
argues that claimed breach of advertising terms
'unsupported')
Frankel v. Lyons Partnership L.P.
(Memorandum in Support of Defendant's Motion to
Dismiss), 2006
ILRWeb (P&F) 2626 [SD NY] (IP owner
drops threat to sue Barney the Dinosaur parody
site)
Humphrey v. Viacom, Inc. (Memorandum in
Support of Defendants' Motion to Dismiss),
2006
ILRWeb (P&F) 2624 [D NJ] (Fantasy sports
leagues are not form of gambling, SportsLine.com
argues in motion to dismiss)
Tur v. YouTube, Inc. (Answer), 2006
ILRWeb (P&F) 2802 [CD Cal] (YouTube
responds to videographer's lawsuit, asserts DMCA
safe harbor defense)
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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.
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