Wednesday, January 31, 2007		ILR Home Page

Weekly Alert January 31, 2007 Latest News Intellectual Property Internet Commerce Telecommunications Privacy & Security Taxation Jurisdiction & Procedure Criminal Liability Latest Cases Latest Pleadings, Motions, & Briefs Latest Research from Pike & Fischer BROADBAND POLICY SUMMIT III: Keynotes Announced Subscription Information

Latest News INTELLECTUAL PROPERTY Trade Dress, Copyright Claims Based Upon 'Look and Feel' of Web Site Will Proceed A federal district court in Washington declined Jan. 18 to dismiss out of hand the notion that the "look and feel" of web pages may be protectible under trademark and/or copyright law. In denying the defendant's Rule 12(b)(6) motion to dismiss, the U.S. District Court for the Western District of Washington concluded that, at least in theory, the claims may have merit. Blue Nile, Inc. v. Ice.com, Inc., 2007 ILRWeb (P&F) 1043. Read more...

Other Intellectual Property news: Distribution of Copyrighted Material No Crime Without Profit, Italian High Court Rules EU Report Summarizes DRM Legal Scene in Europe Tentative Settlement Reached in Napster Litigation Broadcom Did Not Infringe on Qualcomm MPEG-4 Patents, Jury Concludes Search ILR's Intellectual Property database

INTERNET COMMERCE StreamCast Suffered No Antitrust Injury by Kazaa's Transfer of P2P Tech to Rival A peer-to-peer network operator that lost its ability to use a key technology when the license to use that technology was transferred to a rival has no recourse under federal antitrust law, the U.S. District Court for the Central District of California held Jan. 19. "The mere fact that StreamCast was unable to immediately convert its Morpheus network from FastTrack to another application and, accordingly, lost users and advertising revenue, is insufficient to establish 'antitrust injury,' " said Judge Florence-Marie Cooper in dismissing the antitrust claims with prejudice. StreamCast Networks, Inc. v. Skype Technologies, S.A., 2007 ILRWeb (P&F) 1045. Read more...

Other Internet Commerce news: Illinois AG Files First Cell Spam State Suit; Cites Millions of Unsolicited Ad Messages WTO Panel Rules U.S. Failed to Comply with Gambling Ruling Microsoft Competitors Warn EU Regulators Vista OS Could Squeeze Out HTML Standard Virginia Legislation Would Expand Spam Prohibition to Include Text Messages Apple Must Make iTunes Downloads Playable on Other MP3 Players, Says Norway Congressional Intent Limits Court's Discretion on CAN-SPAM Attorneys' Fees Vermont Legislature to Consider Anti-Spam Bill Creating Private Right to Sue Marketers New York Attorney General Announces Adware Settlement with Three Companies Contract Claim Added to Microsoft WGA Case Sony BMG Settles Charges of Selling CDs, Not Disclosing Content Protection Software European Court Affirms EC on Wanadoo, Finds Predatory Prices, Backs Calculation HHS Contractor Says Agency Accepts Standards for Use in Developing IT Network Search ILR's Internet Commerce database

TELECOMMUNICATIONS TIA Sees Broadband, Wireless Driving Increased Growth in Telecom Industry The Telecommunications Industry Association released its latest market review and forecast Jan. 25, finding that broadband and wireless drove strong growth in the industry in 2006, and will continue to drive increases in the years ahead. Grant Seiffert, president of TIA, said 2006 saw the U.S. communications market grow at its fastest rate since 2000, driven largely by the convergence of technologies that continues to stimulate the industry. The market grew at 9.3 percent in 2006, for a total of $923 billion in domestic revenues, he said. Read more...

Other Telecommunications news: Sohn vs. Cleland: Net Neutrality, Saving or Destroying the Internet? Search ILR's Telecommunications database

PRIVACY & SECURITY New Jersey Constitution Provides Privacy Right in Identifying Data Possessed by ISP The New Jersey Constitution contains an informational privacy right that protects identifying information an Internet service provider maintains regarding its subscribers, the New Jersey Superior Court, Appellate Division, held Jan. 22 in a case of first impression in that jurisdiction. Federal courts have uniformly rejected claims that Internet users have a Fourth Amendment-based privacy right with respect to identifying information on file with their ISPs, based on the U.S. Supreme Court's 1979 declaration, in Smith v. Maryland, 442 US 735 (1979), that an individual has no legitimate expectation of privacy in information voluntarily turned over to a third party. State of New Jersey v. Reid, 2007 ILRWeb (P&F) 1041. Read more...

Other Privacy & Security news: Massachusetts Lawmakers to Pursue Legislation Barring Adware, Spyware Use Coalition Offers Best Practices as Solution to 'Spyware' Problem Measure Introduced in New York Assembly to Prohibit Deceptive Spyware Distribution Search ILR's Privacy & Security database

TAXATION Web Provider Group Warns of GST Charges to Non-Canada Residents for Online Services A recent ruling by Canada's Court of Appeal will create significant problems for Canada's digital media industry by requiring providers of online services and digital media to charge nonresidents the federal value-added Goods and Services Tax (GST), the Canadian Association of Internet Providers said Jan. 26. The potential negative impact of the ruling suggests that the Canadian government must amend Section 10 of the Excise Tax Act to ensure that the Canada Revenue Agency's application of the GST to nonresidents does not harm sales by the new media industry, the association said in a special "legislative alert" to its members. Read more... Search ILR's Taxation database

JURISDICTION & PROCEDURE Registration of Domain Name Deemed 'Targeting' of Trademark Owner's Forum A defendant who registers domain names that incorporate the plaintiff's trademark subjects himself to specific personal jurisdiction in the plaintiff's forum, the U.S. District Court for the District of Nevada held Jan. 5. Judge Robert C. Jones concluded that the defendant "purposefully availed" himself of the state of Nevada by targeting that forum through his registration of the domain names. Larson v. Galliher, 2007 ILRWeb (P&F) 1047. Read more...

Other Jurisdiction & Procedure news: No Purposeful Availment from Passive Site Even if Offline Transaction Eventually Results Search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY Student's Hack on School Network Exceeded Use Terms, Was 'Unauthorized' Under CFAA A student's access to his university's computer network was "unauthorized," within the meaning of the Computer Fraud and Abuse Act, when he used that access to infiltrate hundreds of other computers and steal valuable information from them, the U.S. Court of Appeals for the Fifth Circuit held Jan. 24. The decision centered around the "authorization" component of the Computer Fraud and Abuse Act, 18 USC §§ 1030 et seq. United States v. Phillips, 2007 ILRWeb (P&F) 1051. Read more... Search ILR's Criminal Liability database

Latest Cases A.H. v. State of Florida, 2007 ILRWeb (P&F) 1039 [Fla Dist Ct App] (Teens who took digital photos of themselves having sex may be prosecuted under child porn statute) Blue Nile, Inc. v. Ice.com, Inc., 2007 ILRWeb (P&F) 1043 [WD Wash] (Trade dress, copyright claims based upon 'look and feel' of web site will proceed) Franklin v. Chavis, 2007 ILRWeb (P&F) 1053 [SC Sup Ct] (An insurance agent engaged in the unauthorized practice of law by using software on his home computer that created a generic will for a third party; his actions exceeded that of a mere scrivener) General Media Communications, Inc. v. Crazy Troll, LLC, 2007 ILRWeb (P&F) 1055 [SD NY] (Penthouse publisher did not pursue UDRP proceeding or present action in bad faith and has not engaged in actual or attempted reverse domain name hijacking) Larson v. Galliher, 2007 ILRWeb (P&F) 1047 [D Nev] (Registration of domain name deemed 'targeting' of trademark owner's forum) New Jersey, State of v. Reid, 2007 ILRWeb (P&F) 1041 [NJ App Div] (New Jersey Constitution provides privacy right in identifying data possessed by ISP) Page v. Lexington County School District One, 2007 ILRWeb (P&F) 1049 [D SC] (School district did not create a forum subject to First Amendment protections when it used its e-mail network to disseminate messages incorporating or attaching third-party documents) Phillips v. Worldwide Internet Solutions, Inc., 2007 ILRWeb (P&F) 1057 [ND Cal] (Congressional intent limits court's discretion on CAN-SPAM attorneys' fees) Priceline.com, Inc., In re (Assurance of Discontinuance), 2007 ILRWeb (P&F) 1059 [NY Att'y Gen] (New York attorney general announces adware settlement with three companies) Shisler v. Sanfer Sports Cars, Inc., 2006 ILRWeb (P&F) 3287 [Cal Ct App] (No purposeful availment from passive site even if offline transaction eventually results) Sidewater v. Worldwide Media, Inc., 2007 ILRWeb (P&F) 1061 [WIPO] (Acquiring domain name consisting of common phrase is not in and of itself an illegitimate activity or presumptive evidence of bad faith in registration) Sony BMG Music Entertainment, In re (Agreement Containing Consent Order), 2007 ILRWeb (P&F) 1063 [FTC] (Sony BMG settles charges of selling CDs, not disclosing content protection software). StreamCast Networks, Inc. v. Skype Technologies, S.A., 2007 ILRWeb (P&F) 1045 [CD Cal] (StreamCast suffered no antitrust injury by Kazaa's transfer of P2P tech to rival) United States v. Phillips, 2007 ILRWeb (P&F) 1051 [5th Cir] (Student's hack on school network exceeded use terms, was 'unauthorized' under CFAA) Search ILR's Cases database

Latest Pleadings, Motions, & Briefs Doe II v. MySpace, Inc. (Complaint), 2007 ILRWeb (P&F) 1010 [Cal Super Ct] (Pennsylvania family sues MySpace for negligence after daughter is abused by sexual predator) Doe III v. MySpace, Inc. (Complaint), 2007 ILRWeb (P&F) 1012 [Cal Super Ct] (Texas family sues MySpace for negligence after daughter is abused by sexual predator) Doe IV v. MySpace, Inc. (Complaint), 2007 ILRWeb (P&F) 1014 [Cal Super Ct] (New York family sues MySpace for negligence after daughter is abused by sexual predator) Doe V v. MySpace, Inc. (Complaint), 2007 ILRWeb (P&F) 1016 [Cal Super Ct] (South Carolina family sues MySpace for negligence after daughter is abused by sexual predator) Google, Inc. v. Central Mfg. Inc. (Complaint), 2007 ILRWeb (P&F) 1018 [ND Ill] (Google seeks to enjoin defendants from falsely claiming rights in GOOGLE mark) Illinois, People of v. C & C Global Enterprises LLC (Complaint), 2007 ILRWeb (P&F) 1008 [CD Ill] (Illinois AG files first cell spam state suit, cites millions of unsolicited ad messages) Johnson v. Microsoft Corp. (First Amended Consolidated Complaint), 2007 ILRWeb (P&F) 1020 [WD Wash] (Contract claim added to Microsoft WGA case) Napster Copyright Litigation, In re (Memorandum in Support of UMG & EMI's Unopposed Motion to Vacate), 2007 ILRWeb (P&F) 1022 [ND Cal] (Recording industry asks court to vacate discovery order as precondition to settlement of copyright litigation) Search ILR's Pleadings database

Latest Research from Pike & Fischer Broadband Business Analysis: The iPhone & Apple TV February 2007 The new Apple TV and forthcoming iPhone stand to have a revolutionary impact on the consumer electronics and communications industries. This report provides a concise, actionable analysis of the impact those products will have on the markets for consumer electronics, home networking services and mobile broadband services. Our SWOT analysis examines the role that these devices will play in the evolution of Apple Inc.'s highly popular iTunes store; and the competition they pose to cable operators, telcos, wireless service providers, and other CE vendors. Order now

BROADBAND POLICY SUMMIT III: Keynotes Announced FCC Commissioner Robert M. McDowell and John M.R. Kneuer, Assistant Secretary of Commerce for Communications and Information and Administrator of the NTIA, will keynote Broadband Policy Summit III: Full Steam Ahead, to be held June 7-8 in Washington, D.C. In addition, business and government leaders will spell out the trends, issues and problems shaping policy decisions that could foster or inhibit the high-speed Internet, voice-over-IP, and IP video sectors. Panel discussions will cover regulatory and legislative activity, emerging telecom applications, net neutrality, state and local issues, broadband deployment and forecasts from Wall Street analysts. View the summit agenda for a full list of confirmed speakers to date. Register Now - Early-Bird Discount ends April 17th

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