Wednesday, December 6, 2006		ILR Home Page

Weekly Alert December 6, 2006 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 Pike & Fischer Holiday Sale Subscription Information

Latest News INTELLECTUAL PROPERTY E-Mails Did Not Suffice as Reasonable Belief That Permission Was Granted to Use Marks E-mailed press releases including promotional images for Audi cars with the note that they were provided "courtesy" of Audi did not constitute a basis for a reasonable belief that a web site operator had permission to use Audi's marks on the site, the U.S. Court of Appeals for the Sixth Circuit ruled Nov. 27. Affirming a summary judgment in the plaintiffs' favor, the court rejected the argument that the web site owner had a valid agreement to use Audi's marks through contacts with an Audi dealer and a spokeswoman. Audi AG v. D'Amato, d/b/a Quattro Enthusiasts, 2006 ILRWeb (P&F) 3049. Read more...

Other Intellectual Property news: Worries About DRM-Cloaked Free Software, Patent Claims, Top Discussion at GPLv3 Talks ADR Technology Violates Settlement System Patent Search ILR's Intellectual Property database

INTERNET COMMERCE Realtor Group's Efforts to Limit Web Listings Support DOJ Restraint of Competition Charge Allegations that policies adopted by the National Association of Realtors hamper brokers who efficiently exploit Internet listings support a Sherman Act claim for conspiracy to restrain competition, the U.S. District Court for the Northern District of Illinois held Nov. 27. The court denied the NAR's motion to dismiss the antitrust claim, notwithstanding changes NAR made to its policies immediately after learning of the lawsuit. The ruling is an early victory for the Department of Justice in its bid to make it easier for home buyers to benefit from the market efficiencies of the Internet. United States v. National Association of Realtors, 2006 ILRWeb (P&F) 3059. Read more...

Other Internet Commerce news: NTIA Approves ICANN-VeriSign .com Deal, Retains Federal Sway Over Security, Pricing Software Company to Pay Penalty, Fees to Settle Washington Spyware Act Charges Civil Damage Actions Permitted to Enforce All of Computer Fraud Act, Fifth Circuit Holds Routine Practice Insufficient to Prove User Assent Search ILR's Internet Commerce database

FREEDOM OF SPEECH Illinois Video Game Law Reaches Too Far, Seventh Circuit Rules in Affirming Injunction An Illinois law that imposes criminal sanctions for distributing "sexually explicit" video games to minors is overly broad because it fails to tolerate games that have social value, the U.S. Court of Appeals for the Seventh Circuit held Nov. 27. By failing to consider the game "as a whole," the law restricts games that might otherwise have artistic, political, educational, literary, or scientific value for minors in violation of their First Amendment rights, Judge Ann Claire Williams concluded. Entertainment Software Association v. Blagojevich, 2006 ILRWeb (P&F) 3051. Read more... Search ILR's Freedom of Speech database

TELECOMMUNICATIONS ITU Report Cites Continued Growth in Fixed, Mobile Broadband Users The number of broadband Internet subscribers worldwide registered continued strong growth in 2005, with the number of mobile broadband users jumping sharply, the International Telecommunication Union said in its latest annual Internet report issued Dec. 3. According to the U.N. telecommunications agency, the total number of broadband subscribers increased from around 180 million at the end of 2004 to around 275 million by the end of 2005. Read more...

Other Telecommunications news: EU Authorizes Telecom Italia's Bid for AOL's German Internet Access Business FCC Inspector General Investigating Cyber Crimes, Auditing USF Programs GAO Report Finds Little Competition for Dedicated Access Telephone Service Rep. Markey Will Seek Chairmanship of Telecommunications Subcommittee FCC's Martin Seeking to Enlist McDowell to Break AT&T/BellSouth Merger 'Impasse' Search ILR's Telecommunications database

PRIVACY & SECURITY Sixth Circuit to Review Order Striking Warrantless Examination of E-Mail Messages The Sixth Circuit will soon hear oral arguments on the constitutionality of a federal law that allows the government to access and review stored e-mail messages without a warrant or notice to the account holder. Government agents obtained an ex parte order from a magistrate, issued under the authority of 18 USC §2703(d), directing two Internet service providers to surrender all electronic communications that were either "accessed, viewed, or downloaded" or were in electronic storage for more than 180 days in accounts that belonged to the plaintiff, Steven Warshak. Read more...

Other Privacy & Security news: Specter Still Hopes for Lame-Duck Action on Wiretap Measure, but Sees Slim Chances DHS Warns Financial Industry About Potential Attack on Web Sites Microsoft Details Phishing Crackdown; Most Cases Filed in France, Turkey, U.K. Frist Working to Bring Narrow 'Pretexting' Bill to Floor, Aide Says ITU Members Eye Greater Involvement in Cybersecurity, Other Net Policy Issues Search ILR's Privacy & Security database

TAXATION Hotels Offering Internet Access Service Liable for Sales and Use Tax, Texas Comptroller Says A hotel that offers guests with their own computers Internet access for less than $10 a day is liable for the sales and use tax, the Texas comptroller said in a recent letter ruling. The Nov. 9 letter was posted on the agency's web site under November tax updates. Robin Corrigan of the comptroller's tax policy division said that the tax code exempts the first $25 of a monthly charge for Internet access service. The hotel can handle the situation several ways, the tax official said. Texas Comptroller Accession No. 200611792L, 2006 ILRWeb (P&F) 3053. Read more...

Other Taxation news: Washington, Hawaii Next in Line for SSUTA Membership, Chief Says Indiana DOR Ruling Acknowledges Sales and Use Tax Changes on Software Agreements, Warranties Packages from Internet Vendors Require Original Paperwork Showing Tax, Texas Letter Says Search ILR's Taxation database

JURISDICTION & PROCEDURE Testimony Derived from Forensic Software Subject to Expert Evidence Rule, Court Holds The U.S. Court of Appeals for the Sixth Circuit held Nov. 15 that a witness's proposed testimony pertaining to reports generated by forensic software was expert testimony—not lay testimony—and that it therefore must clear the hurdles set for such testimony by the federal rules of evidence. Although the software used by the witness is available to the public, the court decided that a lay person would not be able to formulate the kinds of conclusions formed by the witness. United States v. Ganier, 2006 ILRWeb (P&F) 3065. Read more... Search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY U.K. Man Jailed for Recording, Translating ATM Modem Chatter to Counterfeit Cards A man in the United Kingdom has been found guilty of conspiracy to defraud and was sentenced Nov. 14 to 32 months in prison for using MP3 player-like devices to capture credit card details from an automatic teller machine. A spokesman for the Crown Prosecution Service said that Parsons was arrested in October 2004 in the City of London, and found to be in possession of a laptop computer and a large number of credit card numbers recorded on sheets of paper. The spokesman said that "When [Parsons's] home address was searched, police recovered a modem line tap device." Read more... Search ILR's Criminal Liability database

Latest Cases Audi AG v. D'Amato, d/b/a Quattro Enthusiasts, 2006 ILRWeb (P&F) 3049 [6th Cir] (E-mails did not suffice as reasonable belief that permission was granted to use marks) Berryhill v. Georgia Community Support and Solutions, Inc., 2006 ILRWeb (P&F) 3061 [Ga Sup Ct] (Online comments not protected by Georgia's anti-SLAPP statute) Cybersettle, Inc. v. National Arbitration Forum, Inc., 2006 ILRWeb (P&F) 3057 [D NJ] (ADR technology violates settlement system patent) Entertainment Software Association v. Blagojevich, 2006 ILRWeb (P&F) 3051 [7th Cir] (Illinois's Sexually Explicit Video Game Law is not narrowly tailored, and thus cannot survive a First Amendment challenge) Fiber Systems International, Inc. v. Roehrs, 2006 ILRWeb (P&F) 3047 [5th Cir] (Civil damage actions permitted to enforce all of Computer Fraud Act, Fifth Circuit holds) Indiana Department of State Revenue Letter of Findings No. 05-0438, 2006 ILRWeb (P&F) 3067 [Ind Dep't St Rev] (Indiana DOR ruling acknowledges sales and use tax changes on software agreements, warranties) Schwartz v. Comcast Corp., 2006 ILRWeb (P&F) 3055 [ED Pa] (Routine practice insufficient to prove user assent) Texas Comptroller Accession No. 200611791L, 2006 ILRWeb (P&F) 3069 [Tex Comp Pub Accts] (Packages from Internet vendors require original paperwork showing tax) Texas Comptroller Accession No. 200611792L, 2006 ILRWeb (P&F) 3053 [Tex Comp Pub Accts] (Hotels offering Internet access service liable for sales and use tax) United States v. Ganier, 2006 ILRWeb (P&F) 3065 [6th Cir] (Testimony derived from forensic software subject to expert evidence rule) United States v. Kuchinski, 2006 ILRWeb (P&F) 3071 [9th Cir] (Child porn images automatically saved to cache should not be counted for sentencing purposes) United States v. National Association of Realtors, 2006 ILRWeb (P&F) 3059 [ND Ill] (Antitrust complaint challenging realtors' Internet policies withstands motion to dismiss) Visa International Service Association v. JSL Corp., 2006 ILRWeb (P&F) 2903 [D Nev] (Crashed hard drive subject to forensic examination) Washington, State of v. High Falls Media, LLC (Consent Decree), 2006 ILRWeb (P&F) 3063 [Wash Super Ct] (Washington AG settles with two companies accused of violating Washington state's consumer protection and computer spyware laws) Washington, State of v. Secure Computer, LLC (Consent Decree as to Defendants Secure Computer and Paul Burke), 2006 ILRWeb (P&F) 3073 [WD Wash] (Software company to pay penalty, fees to settle Washington Spyware Act charges) Search ILR's Cases database

Latest Pleadings, Motions, & Briefs EchoStar Satellite LLC v. DirecTV, Inc. (Complaint), 2006 ILRWeb (P&F) 3026 [SD NY] (Complaint seeking declaratory judgment that plaintiff does not violate defendant's rights by purchasing defendant's mark as a search engine keyword) Washington, State of v. High Falls Media, LLC (Complaint), 2006 ILRWeb (P&F) 3028 [Wash Super Ct] (Washington AG alleges that two New York-based companies violated Washington state's consumer protection and computer spyware laws) Search ILR's Pleadings database

Latest Research from Pike & Fischer DSL Pricing Strategies December 2006 This report provides a detailed and up-to-date analysis of the DSL pricing and marketing strategies of the top telcos, including AT&T, Verizon, BellSouth, Qwest, Embarq and Windstream. The report compares each provider on price, number of service tiers and special promotions. Seven tables and charts of data and analysis are included. Order now Cable High-speed Internet Pricing Strategies December 2006 This report provides a detailed and up-to-date analysis of the high-speed Internet pricing strategies of the top U.S. cable operators, including Comcast, Time Warner Cable, Cox, Cablevision, Charter, Insight, Mediacom, Bright House and Cable One. The report provides detailed charts and tables on each provider's pricing structure, speed tiers and special promotions. Order now

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