Wednesday, February 7, 2007 ILR Home Page
Weekly Alert
February 7, 2007
Latest News
  • Intellectual Property
  • Internet Commerce
  • Telecommunications
  • Privacy & Security
  • Taxation
  • Criminal Liability
    Latest Cases
    Latest Pleadings, Motions, & Briefs
    Upcoming Audio Conference on User Generated Content
    Broadband Policy Summit III: Broadband Full Steam Ahead
    Subscription Information
    • Latest News
    INTELLECTUAL PROPERTY
    Unfair Competition Claim for 'Plagiarizing' Web Site Preempted Under Copyright Act
    An action for unfair competition under New York state law over the alleged "plagiarism" of a web site is preempted by Section 301(a) of the Copyright Act, the U.S. District Court for the Southern District of New York ruled Jan. 29. Dismissing the unfair competition claim for failure to state a claim for which relief can be granted, the court, however, gave the plaintiff leave to amend its complaint to bring an action for copyright infringement. Integrative Nutrition, Inc. v. Academy of Healing Nutrition, 2007 ILRWeb (P&F) 1075. Read more...
    Other Intellectual Property news:
  • General Counsel of USPTO Cautious on Role of Open Source Code Databases
  • District Court Rejects NAF's Finding of 'Bad Faith,' Reverse Hijacking Under UDRP
  • Complexity of Copyright Act's Licensing Regime Recurring Theme at Net Conference
  • Princeton Library Joins Google Project to Make Books Available Online
  • Damages of $6,750 Awarded for P2P Files That Would Have Cost Merely $10 on iTunes
    • Search ILR's Intellectual Property database

    INTERNET COMMERCE
    House Lawmakers Consider Need for CAN-SPAM Changes
    Key members of the House Energy and Commerce Committee have asked the Federal Trade Commission to comment by Feb. 8 on whether any legislative changes are needed to address spam in light of "troubling" new statistics. In a recent letter to FTC Chairman Deborah Platt Majoras, the top Democrat and Republican on the Subcommittee on Commerce, Trade, and Consumer Protection said they were concerned about recent findings by an Internet security firm that spam has grown more than 100 percent since December of 2005. Read more...
    Other Internet Commerce news:
  • Spam Gives Way to Data Breach, Phishing in Contest for State Legislators' Attention
  • Panelists Urge FTC Focus on Internet Crime Enforcement, Clearer Privacy Policies
  • Federal Court Gives Preliminary Approval to First Ever Cell Phone Spam Settlement
  • FTC's Rambus Order Seeks to Restore Competition in Memory Technologies Sector
  • Software Giveaway with Hidden Fees, Policies Likely Offends FTC Act as Deceptive
    • Search ILR's Internet Commerce database

    TELECOMMUNICATIONS
    Sen. Bill Nelson Reintroduces E-911 Bill to Require Service by VoIP Providers
    Sen. Bill Nelson (D-Fla.) has reintroduced legislation (S. 428) that would require Voice over Internet Protocol (VoIP) providers to offer E-911 service to their customers, as well as give providers liability coverage and access to the nation's 911 infrastructure. The bill, called the "IP-Enabled Voice Communications and Public Safety Act of 2007," was introduced Jan. 30 by Nelson and Sens. Olympia Snowe (R-Maine) and Hillary Clinton (D-N.Y.). Nelson and Snowe are members of the Senate Commerce, Science, and Transportation Committee. Read more...
    Other Telecommunications news:
  • Dingell, Markey Question FCC Prior to Feb. 15 Oversight Hearing
  • Rep. Boucher Says Network Operators Must Be Protected Under Net Neutrality
  • House Commerce Subcommittee to Hold Hearings on Net Neutrality, Chairman Says
  • Alternative Broadband Services Increasing Among Users, FCC Semiannual Report Shows
    • Search ILR's Telecommunications database

    PRIVACY & SECURITY
    Court Says Canada's Privacy Commissioner Has Jurisdiction Over Cross-Border Data Flow
    The Federal Court of Canada Feb. 5 directed the federal Privacy Commissioner Jennifer Stoddart to investigate the collection, use, and disclosure of Canadians' personal information by a U.S.-based online data brokerage service. The decision upholds an application by the Canadian Internet Policy and Public Interest Clinic for judicial review of the privacy commissioner's refusal to investigate and overturns Stoddart's conclusion that the Personal Information Protection and Electronic Documents Act (PIPEDA) does not give her the authority to investigate cross-border data flows. Lawson v. Accusearch, Inc., 2007 ILRWeb (P&F) 1203. Read more...
    Other Privacy & Security news:
  • Administration Prepared to Provide Hill with Wiretap Details, Gonzales Says
  • House, Senate Lawmakers Unveil Bill to Police Social Networking Sites
  • Court Reconsiders Office Computer Privacy, but Employee Still Loses on FBI Porn Search
  • Federal Cybersecurity Still at 'High Risk' 10 Years After First Appearing on GAO List
  • Consumer Trust Must Precede Privacy Policy Legislation, Experts Say
  • Google's Data Storage Policy Investigated by Norway's Data Inspectorate
  • Michigan Senator Reintroduces Legislation to Prohibit Spyware
  • Maryland Breach Notice Bill Introduced, with Data Security, Disposal Mandates
    • Search ILR's Privacy & Security database

    TAXATION
    House Lawmakers Introduce Bipartisan Bill to Make Internet Tax Moratorium Permanent
    A bipartisan group of House members Jan. 31 introduced legislation (H.R. 743) that would make permanent the federal ban on multiple and discriminatory taxation of Internet access and online sales due to expire Nov. 1. The Permanent Internet Tax Freedom Act of 2007, introduced by Reps. Anna Eshoo (D-Calif.) and Virgil Goode (R-Va.), is identical to legislation (S. 156) introduced in the Senate in early January. Read more...
    Other Taxation news:
  • Proposal on Developing Interpretive Rules Forwarded to Streamlined Sales Tax Board
    • Search ILR's Taxation database

    CRIMINAL LIABILITY
    No Violation in Police Search of Computer Files
    Police officers did not violate the Fourth Amendment when they searched a computer user's password-protected files pursuant to the consent of a co-user, the U.S. Court of Appeals for the Fourth Circuit held Jan. 11. Police officers received reports of fraudulent activity committed using online AOL and eBay accounts opened by the defendant's wife. She gave the officers permission to seize and search a computer that she leased and shared with her husband. United States v. Buckner, 2007 ILRWeb (P&F) 1011. Read more...
    Other Criminal Liability news:
  • Fraudulent E-Mail Messages Sent Into Arkansas Support Criminal Jurisdiction There
    • Search ILR's Criminal Liability database

    Latest Cases
  • Balsam v. Dentalplans.com, Inc., 2007 ILRWeb (P&F) 1067 [Cal Ct App] (Plaintiff fails to establish prima facie case for jurisdiction over alleged spammer)
  • Blimka v. My Web Wholesaler, LLC, 2007 ILRWeb (P&F) 1089 [Id Sup Ct] (Idaho court properly exercised jurisdiction over Maine e-tailer who allegedly misrepresented the quality of the goods sold to an Idaho resident)
  • Comcast IP Phone of Missouri, LLC v. Missouri Public Service Commission, 2007 ILRWeb (P&F) 1073 [WD Mo] (State regulation of VoIP services not preempted by FCC)
  • Dahn World Co. v. Chung, 2006 ILRWeb (P&F) 3115 [D Ariz] (Defendant, who secured dismissal of DMCA suit on jurisdictional grounds, is not a "prevailing party" under the DMCA, 17 USC §1203, and is therefore not entitled to attorney's fees)
  • ePrize, L.L.C. v. Net Prize, Inc., 2006 ILRWeb (P&F) 3289 [ED Mich] ("ePrize" mark is relatively weak, not confusingly similar to "Net Prize" mark)
  • Federal Trade Commission v. Think All Publishing, LLC, 2007 ILRWeb (P&F) 1079 [ED Tex] (Software giveaway with hidden fees, policies likely offends FTC Act as deceptive)
  • General Media Communications, Inc. v. Crazy Troll, LLC, 2007 ILRWeb (P&F) 1055 [SD NY] (District court rejects NAF's finding of 'bad faith,' reverse hijacking under UDRP)
  • Gilbert v. Sykes, 2007 ILRWeb (P&F) 1081 [Cal Ct App] (Plastic surgeon was a limited purpose public figure and therefore had the burden of making a prima facie showing that statements on plaintiff's gripe site were both false and published with actual malice)
  • Integrative Nutrition, Inc. v. Academy of Healing Nutrition, 2007 ILRWeb (P&F) 1075 [SD NY] (Unfair competition claim for 'plagiarizing' web site preempted under Copyright Act)
  • Lawson v. Accusearch, Inc., 2007 ILRWeb (P&F) 1203 [Can Fed Ct] (Canada's Privacy Commissioner has jurisdiction over cross-border data flow)
  • Light v. Taylor, 2007 ILRWeb (P&F) 1087 [SD NY] (Merely posting copyrighted photo to web site is insufficient to establish jurisdiction; photographer is not third-party beneficiary of user agreement and cannot invoke forum selection clause)
  • Maverick Recording Co. v. Hall, 2007 ILRWeb (P&F) 1083 [WD Wis] (P2P user liable for copyright infringement)
  • New Century Mortgage Corp. v. 123 Home Loans, Inc., 2006 ILRWeb (P&F) 3117 [SD Fla] (No evidence of bad faith intent to profit from registration of domain name)
  • Powell v. State of Arkansas, 2007 ILRWeb (P&F) 1077 [Ark Ct App] (Fraudulent e-mail messages sent into Arkansas support criminal jurisdiction there)
  • Qwest Communications International v. Sonny Corp., 2006 ILRWeb (P&F) 3113 [WD Wash] (Court lacks authority to order transfer of domain name where plaintiff sought relief pursuant to FTDA, not ACPA)
  • Rambus, Inc., In re (Opinion of the Commission on Remedy), 2007 ILRWeb (P&F) 1201 [FTC] (FTC's Rambus order seeks to restore competition in memory technologies sector)
  • Shen v. Distributive Networks, LLC (Joint Stipulation of Settlement), 2007 ILRWeb (P&F) 1069 [ND Ill] (Federal court gives preliminary approval to first ever cell phone spam settlement)
  • Sony Pictures Home Entertainment, Inc. v. Lott, 2007 ILRWeb (P&F) 1085 [ND Tex] (Defendant found liable for copyright infringement where P2P servers showed that IP address registered to defendant seeded files containing copyrighted motion pictures)
  • Therapeutic Research Faculty v. NBTY, Inc., 2007 ILRWeb (P&F) 1071 [ED Cal] (An online publisher's claim of "unauthorized access" to its password-protected database—including allegations regarding the pasting of text from its database into an e-mail—sufficiently alleges a violation of the Copyright Act)
  • United States v. Buckner, 2007 ILRWeb (P&F) 1011 [4th Cir] (Wife validly consented to police search of husband's password-protected files)
  • United States v. Ziegler (Superseding Opinion), 2007 ILRWeb (P&F) 1065 [9th Cir] (Court reconsiders office computer privacy, but employee still loses on FBI porn search)
    • Search ILR's Cases database

    Latest Pleadings, Motions, & Briefs
  • Alexander v. Cahill (Complaint), 2007 ILRWeb (P&F) 1200 [ND NY] (A New York law firm and an advocacy group challenge the constitutionality of N.Y.'s new lawyer advertising rules)
  • MySpace, Inc. v. Optinrealbig.com, LLC (Complaint), 2007 ILRWeb (P&F) 1024 [CD Cal] (MySpace sues spammer for allegedly sending spam to MySpace users)
    • Search ILR's Pleadings database

    Upcoming Audio Conference on User Generated Content
    The New, New Media Revolution: User Generated Content
    March 29, 2007
    2:00-3:30 p.m. ET
    Early bird registration ends Feb. 28th

    Last year marked the rapid emergence of offerings that radically altered the Internet content landscape. User Generated Content or "UGC" exploded on the scene along with new tools that greatly facilitated content collaboration, publication, and distribution. Coupled with widespread adoption and use of social networking sites, 2006 culminated in the $1.6B acquisition of YouTube by Google. These developments raise new legal challenges for rights holders and users — affecting intellectual property, privacy, defamation, consumer protection, negligence, and contract formation. Join Pike & Fischer's panel of experts as they address these and other issues surfacing on the new, new media horizon.

    Learn more


    Broadband Policy Summit III: Broadband Full Steam Ahead
    June 7-8, 2007 - The Ritz Carlton, Arlington, VA
    Early bird registration ends April 17th

    Rep. Rick Boucher (D-VA), FCC Commissioner Robert M. McDowell and NTIA head John M.R. Kneuer are slated to keynote BPS III - the preeminent Washington forum where top-level executives, legislators, regulators, lobbyists, policy makers, investors and technologists discuss and debate the swirling forces of technology change, legislative leadership shifts, policy changes and evolving business models in the broadband space.

    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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