Wednesday, December 20, 2006 ILR Home Page

Weekly Alert
December 20, 2006
Publication Schedule
Latest News
  • Intellectual Property
  • Internet Commerce
  • Freedom of Speech
  • Telecommunications
  • Privacy & Security
  • Taxation
    Latest Cases
    Latest Pleadings, Motions, & Briefs
    Latest Research from Pike & Fischer
    Pike & Fischer Holiday Sale
    Subscription Information
  • Publication Schedule
    The ILR Weekly Alert will not publish the Wednesday after Christmas. The next issue will be dated Wednesday, January 3. The ILR staff wishes its readers a Merry Christmas and a Happy New Year!

    Latest News
    INTELLECTUAL PROPERTY
    Unauthorized Link to Webcast Likely Infringes Webcaster's Copyrights
    A webcast of a live sporting event is copyrightable, and its owner has the right to prevent another from displaying an unauthorized link to that webcast, the U.S. District Court for the Northern District of Texas held Dec. 12. SFX Motor Sports, Inc. promotes and produces motorcycle racing events. It webcasts the audio broadcast of these "Supercross" races live on its web site. Robert Davis operates a web site at supercrosslive.com. The trouble between the parties began when Davis included a link to SFX's webcast on his site, which prompted SFX to sue Davis for copyright and trademark infringement. Live Nation Motor Sports, Inc. v. Davis, 2006 ILRWeb (P&F) 3223. Read more...
    Other Intellectual Property news:
  • Claims Noting Device's 'Functional Limitation' Not Indefinite Mixed Method-Apparatus Claims
  • No Secondary Meaning in 'Best Vacuum,' District Court Rules in Domain Name Dispute
  • Google Launches 'Patent Search' with All U.S. Patents from 1790s
  • Google's New 'Patent Search' Sparks Debate in Patent Community
  • Notice Sent to Registrar Doomed ACPA In Rem Suit
  • Movie, Software Industry Announce Accord with China to Crack Down on Internet Piracy
  • Universal Tube Asserts RICO Claim Against YouTube
  • Search ILR's Intellectual Property database

    INTERNET COMMERCE
    CAN-SPAM Claim Over 'Misleading' Subject Line Not Subject to Heightened Pleading Rule
    Absent specific allegations that an alleged spammer knew his messages were misleading or intended them to be deceptive, CAN-SPAM Act claims do not need to meet the heightened pleading standard for fraud claims, the U.S. District Court for the Western District of Washington held Dec. 8. The CAN-SPAM Act, 15 USC §7701 et seq., permits a general plea that unwanted e-mail contained "materially misleading" subject lines. Although the words "materially misleading" resonate in fraud, without allegations of fraud's actual presence—through knowledge, intent, or reliance—a claim that a subject is misleading is not the same as a claim that it is fraudulent. Gordon v. Virtumundo, Inc., 2006 ILRWeb (P&F) 3221. Read more...
    Other Internet Commerce news:
  • Adware Lawsuit Transfer Order Withdrawn; Court Will Reevaluate Defendants' Request
  • FTC Responds to Investigation Request Challenging 'Word of Mouth Advertising'
  • Antitrust Claims Against ICANN Rejected for CFIT's Failure to Properly Define Market
  • Search ILR's Internet Commerce database

    FREEDOM OF SPEECH
    California Court Says Employer Not Liable for Threats Made Using Company Computer
    A California technology company is immune under the Communications Decency Act and not liable under state tort law for threatening e-mails and electronic postings made by an employee using the company's computer system, a California appeals court ruled Dec. 14. Although the company was not completely free from a lawsuit under the CDA, the appeals court found that the employee's threatening e-mails and postings on a Yahoo! message board were not the product of his work at the company, and therefore the employer had no respondeat superior responsibility for the cyberthreats. Delfino v. Agilent Technologies, Inc., 2006 ILRWeb (P&F) 3219. Read more...
    Search ILR's Freedom of Speech database

    TELECOMMUNICATIONS
    Vonage Reaches Agreement with States to Disclose 911 Limits, Make Changes
    Attorneys general in five states Dec. 14 announced they reached an agreement with Vonage Holdings Corp. to activate emergency 911 calling capabilities for new customers and to disclose how the Voice over Internet Protocol (VoIP) provider's 911 services differ from those of wire-line telephone companies. In re Vonage Holdings Corp. (Assurance of Voluntary Compliance), 2006 ILRWeb (P&F) 3211. Read more...
    Other Telecommunications news:
  • Michigan Passes Video Franchise Bill, Without Google's Net Neutrality Proposal
  • Partisan Differences Emerge on Key Communications Issues
  • Martin Sees Another Year Before Action on USF Reforms
  • McDowell Says He Will Not Participate in FCC's AT&T-BellSouth Merger Decision
  • Search ILR's Telecommunications database

    PRIVACY & SECURITY
    Michigan Poised to Enact Legislation Combating Identity Theft, Security Breaches
    A bill requiring Michigan businesses and agencies to notify individuals of data security breaches will be ready for the governor's signature if the state House of Representatives approves it at a vote scheduled for Dec. 13. The bill, S.B. 309, would amend Michigan's Identity Theft Protection Act to make individual notification of serious data breaches mandatory and subject to steep penalties. If the legislation is enacted, Michigan would join 35 other states with data breach notification legislation already in place. Read more...
    Other Privacy & Security news:
  • CSIA Urges Congress to Pass Privacy Law as Breach List Exceeds 100 Million Records
  • Congressional Aides Predict E-Health Focus in 2007
  • Search ILR's Privacy & Security database

    TAXATION
    Seattle Allowed to Levy Telephone Utility Tax on Revenue from Comcast's Internet Service
    Seattle's telephone utility tax on companies that provide Internet access via cable is not illegal under either Washington's Internet tax moratorium or the federal Internet Tax Freedom Act. Comcast owns a cable television transmission system in Seattle. In addition to providing cable television signals over its Seattle cable network, Comcast has offered its customers the ability to use the network as a high-speed broadband Internet connection since early 1998. Community Telecable of Seattle, Inc. v. City of Seattle, Department of Executive Administration, 2006 ILRWeb (P&F) 3203. Read more...
    Other Taxation news:
  • Streamlined Sales Tax Board Approves Multiple Points of Use Software Provision
  • Search ILR's Taxation database

    Latest Cases
  • Best Vacuum, Inc. v. Ian Design, Inc., 2006 ILRWeb (P&F) 3099 [ND Ill] (No secondary meaning in 'Best Vacuum,' district court rules in domain name dispute)
  • BidZirk, LLC v. Smith, 2006 ILRWeb (P&F) 3095 [D SC] (Court lacks jurisdiction over blogger's counterclaims against eBay listing service, as they arise from a different set of facts than plaintiff's Lanham Act and defamation claims)
  • CNF, Inc. v. THECNF.COM, 2006 ILRWeb (P&F) 3103 [ND Cal] (Notice sent to registrar doomed ACPA in rem suit)
  • Coalition for ICANN Transparency, Inc. v. VeriSign, Inc., 2006 ILRWeb (P&F) 3207 [ND Cal] (Antitrust challenge to ICANN/VeriSign registry agreements dismissed with leave to amend)
  • Community Telecable of Seattle, Inc. v. City of Seattle, Department of Executive Administration, 2006 ILRWeb (P&F) 3203 [Wash Ct App] (Seattle allowed to levy telephone utility tax on revenue from Comcast's Internet service)
  • Cooper v. Universal Music Australia Pty Ltd., 2006 ILRWeb (P&F) 3215 [Fed Ct Austl] (Web site operator liable for copyright infringement where sound recordings were downloaded from files at remote web sites accessed via links on appellant's site)
  • Delfino v. Agilent Technologies, Inc., 2006 ILRWeb (P&F) 3219 [Cal Ct App] (California court says employer not liable for threats made using company computer)
  • eBay International AG v. Creative Festival Entertainment Pty Ltd., 2006 ILRWeb (P&F) 3217 [Fed Ct Austl] (Concert promoter engaged in misleading and deceptive conduct by stating that tickets resold for profit—such as those scalped on eBay—would be cancelled)
  • Gordon v. Virtumundo, Inc., 2006 ILRWeb (P&F) 3221 [WD Wash] (CAN-SPAM claim over 'misleading' subject line not subject to heightened pleading rule)
  • Gorran v. Atkins Nutritionals, Inc., 2006 ILRWeb (P&F) 3213 [SD NY] (Diet advice and recommendations appearing on a commercial web site are not themselves commercial speech and enjoy First Amendment protections)
  • Live Nation Motor Sports, Inc. v. Davis, 2006 ILRWeb (P&F) 3223 [ND Tex] (Unauthorized link to webcast likely infringes webcaster's copyrights)
  • Sotelo v. Ebates Shopping.com, Inc., 2006 ILRWeb (P&F) 3101 [ND Ill] (Adware lawsuit transfer order withdrawn; court will reevaluate defendants' request)
  • Texas, State of v. Vonage Holding Corp. (Agreed Final Judgment and Permanent Injunction), 2006 ILRWeb (P&F) 3209 [Tex Dist Ct] (Vonage reaches agreement with Texas to disclose 911 limits)
  • UMG Recordings, Inc. v. Lindor (Report and Recommendation), 2006 ILRWeb (P&F) 3205 [ED NY] (Court denies alleged P2P user's motion to preclude record companies from attempting to prove copyright infringement as to song files which they had not produced in discovery)
  • Vonage Holdings Corp., In re (Assurance of Voluntary Compliance), 2006 ILRWeb (P&F) 3211 [State Att'y Gen] (Vonage reaches agreement with states to disclose 911 limits)
  • Yodlee, Inc. v. CashEdge, Inc., 2006 ILRWeb (P&F) 3097 [ND Cal] (Claims noting device's 'functional limitation' not indefinite mixed method-apparatus claims)
  • Search ILR's Cases database

    Latest Pleadings, Motions, & Briefs
  • International Business Machines Corp. v. Amazon.com, Inc. (Answer and Counterclaims of Amazon.com, Inc. re: '542 and '891 Patents), 2006 ILRWeb (P&F) 3210 [ED Tex] (Amazon.com alleges that IBM's patent infringement claims are without merit)
  • International Business Machines Corp. v. Amazon.com, Inc. (Answer and Counterclaims of Amazon.com, Inc. re: '771, '967, and '849 Patents), 2006 ILRWeb (P&F) 3212 [ED Tex] (Amazon.com alleges that IBM's patent infringement claims are without merit)
  • Universal Tube & Rollform Equipment Corp. v. YouTube, Inc. (First Amended Complaint), 2006 ILRWeb (P&F) 3208 [ND Ohio] (Universal Tube amends complaint and asserts RICO claim against YouTube)
  • 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

    Pike & Fischer Holiday Sale
    Pike & Fischer is now offering a special discount on some of our best-selling books, market research, and desktop references. Please respond by January 31, 2007 to take advantage of this offer. Titles include:

  • Accessibility in Cyberspace Audio Conference CD
  • Data Protection and Privacy Audio Conference CD
  • Emerging Law of Search Engines Audio Conference CD
  • Digital Millennium Copyright Act: Text, History, and Caselaw
  • Digital Millennium Copyright Act 2005 Supplement

    Browse Pike & Fischer's web site for additional titles.


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