Wednesday, March 7, 2007		ILR Home Page

Weekly Alert March 7, 2007 Latest News Intellectual Property Internet Commerce Freedom of Speech Telecommunications Privacy & Security Taxation Jurisdiction & Procedure Latest Cases Latest Pleadings, Motions, & Briefs User Generated Content: The New, New Media Revolution Yahoo Business Strategy Analysis Subscription Information

Latest News INTELLECTUAL PROPERTY Recording Industry Scores Victory in Royalty Rate Determination for Webcasters A determination by government regulators on the statutory royalty rates webcasters pay the music industry could force small players out of the market. In a March 2 ruling, the Copyright Royalty Board reached a determination on royalty rates applicable to commercial and noncommercial webcasters. While small webcasters urged the Board to adopt a revenue-based model, such as 5 percent of annual revenues, the Board determined that the fairer approach would be a per-performance royalty rate, as advocated by SoundExchange, a music industry group that collects digital performance royalties for copyright owners of sound recordings. In re Digital Performance Right in Sound Recordings and Ephemeral Recordings (Determination of Rates and Terms for Webcasting for the License Period 2006-2010), 2007 ILRWeb (P&F) 1403. Read more...

Other Intellectual Property news: Microsoft Attorney Blasts Google's Copyright Approach Boucher, Doolittle Introduce New Fair Use Bill Aimed at Protecting Consumers, Users RIAA Launches New Initiatives Targeting Campus Music Theft DRM Schemes Make No One Happy at Tech Policy Summit House IP Panel's Priorities Include PTO Oversight, Patent Reform, Music Licensing LucasFilm Challenges Online News Site's Use of 'Dig(g)' Search ILR's Intellectual Property database

INTERNET COMMERCE Challenge to Ban on Anonymous Registration in .us Domain Dismissed for Lack of Standing A registrant in the .us top-level domain whose web site prominently displays his personal information lacked standing to challenge the registry's ban on anonymous domain registrations, the U.S. Court of Appeals for the Fourth Circuit held Feb. 27. Dismissing the registrant's First Amendment challenge to the .us policy for lack of standing, the court found that the registrant had failed to articulate an actual injury caused by the policy. Peterson v. National Telecommunications and Information Administration, 2007 ILRWeb (P&F) 1253. Read more...

Other Internet Commerce news: New Mexico Legislature to Consider Measure to Curb Dissemination of Spam South Dakota Legislature Approves Bill Prohibiting Unsolicited Commercial E-Mail Small-Time Web Distributor of Enternet Media Spyware Code Settles with FTC for $3,300 CFAA Requires No Intent for Damages, Only for Underlying Unauthorized Access EC Again Finds Microsoft Noncompliant as to 2004 Order's Interoperability Obligations House Panel Antitrust Task Force Focuses on XM-Sirius Merger Ashcroft Calls on DOJ to Conduct Careful Scrutiny of Satellite Radio Deal Search ILR's Internet Commerce database

FREEDOM OF SPEECH Google Enjoys First Amendment Right to Exclude Ads It Deems Objectionable A search-based advertising service may refuse to carry ads that would make it an unwilling mouthpiece for speech it deems objectionable, the U.S. District Court for the District of Delaware held Feb. 20. Just as newspapers have the right to reject content that goes against their editorial discretion, so too do search engines, Judge Joseph Farnan concluded. The court granted motions by Google, Inc. and Microsoft Corp. seeking to dismiss the complaint for failure to state a claim. Langdon v. Google, Inc., 2007 ILRWeb (P&F) 1249. Read more...

Other Freedom of Speech news: IP Address Owner Sued for Defamatory Wikipedia Entry ICANN Selection Criteria for New gTLDs Includes Restrictions on 'Immoral' Characters Search ILR's Freedom of Speech database

TELECOMMUNICATIONS FCC Approves Time Warner Bid to Connect VoIP to Phone Network The Federal Communications Commission March 1 approved a petition filed by Time Warner Cable to ensure that the company's Voice over Internet Protocol (VoIP) service can interconnect with the public switched telephone network. The decision was hailed by the Voice on the Net (VON) Coalition, which represents VoIP providers. The coalition had urged the commission to approve the Time Warner petition, which was filed in March 2006. In re Time Warner Cable Request for Declaratory Ruling that CLECs May Obtain Interconnection to Provide Wholesale Telecommunications Services to VoIP Providers (Memorandum Opinion and Order), 2007 ILRWeb (P&F) 1401. Read more...

Other Telecommunications news: Inouye Pledges Committee Action on Overdue Universal Service Changes Internet Openness Essential to Future Innovation, Web Creator Tells Congress Pennsylvania PUC Either Must Reject Verizon-MCI Deal or Must Impose Beneficial Conditions on It 'Giveaway' Spectrum Proposals Proving Unpopular with Industry Local Governments May Challenge FCC Over New Cable Franchise Rules Search ILR's Telecommunications database

PRIVACY & SECURITY No Injunction Against Use of Files Obtained Via Surveillance Software on Home Computer A woman whose e-mails and instant messages to a friend were accessed when the friend's husband used keystroke recording and screen shot recording software is not entitled to a preliminary injunction barring his introduction of those electronic communications in the couple's divorce proceeding, the U.S. District Court for the Southern District of Ohio ruled Feb. 14. Pointing out that the federal Electronic Communications Privacy Act's suppression provision does not include electronic communications, the court said it could not bar disclosure of the communications in the state proceeding. It added, however, that there is a "substantial likelihood" the woman would prevail in a lawsuit for violation of the act if such disclosure were made. Potter v. Havlicek, 2007 ILRWeb (P&F) 1259. Read more...

Other Privacy & Security news: Federal Agencies to Unveil Uniform Process for Dealing with Cyberthreats, Official Says Search ILR's Privacy & Security database

TAXATION Parliament Backs Film Industry Subsidies Through Tax on Internet Service Providers France's Parliament has approved a major reform of framework audiovisual legislation that will create a new tax on Internet service providers to subsidize the domestic cinema and television industries. The Law Relating to the Modernization of Audiovisual Broadcasting and the Television of the Future (No. 702-07) lays out a road map for the ongoing shift from analog to digital television, as well as regulatory convergence between the telecommunications and audiovisual sector. Read more...

Other Taxation news: AOL Hit with Back VAT Bill Linked to Luxembourg Billing Center Search ILR's Taxation database

JURISDICTION & PROCEDURE P2P Site Deemed Sufficiently 'Interactive' to Support Finding of Specific Jurisdiction The interactive features of a peer-to-peer, file-swapping site support a finding of personal jurisdiction over the site's owner where, as here, forum residents in fact downloaded copyrighted content, the U.S. District Court for the Western District of Michigan held Feb. 16. Ben Fysh, a resident of Doncaster, England, operated an eDonkey hash link site that easily enabled visitors to illegally download the plaintiff-movie studios' copyrighted films. Judge Richard Alan Enslen concluded that the web site was interactive to such a degree that it made it clear that Fysh "specifically intended" to interact with Michigan residents such that he "purposefully availed" himself of the forum. Columbia Pictures Industries, Inc. v. Fysh, 2007 ILRWeb (P&F) 1271. Read more...

Other Jurisdiction & Procedure news: Exclusive ILR Overview of International Jurisdiction and the Internet, newly updated by Daniel Cooper, Erin Egan, and Eve Pogoriler, all of Covington & Burling Jurisdiction Over Site's Executive Proper Where Claims Unrelated to Site's Business E-Mail, Phone Threats Were Not Sufficient Contacts for Jurisdiction in Trademark Action One Sale Into Forum Plus Interactive Site Is Enough to Establish Specific Jurisdiction Forum of Mark Owner Is Proper Where Web-Based Infringement Involved Search ILR's Jurisdiction & Procedure database

Latest Cases Auto Inspection Services, Inc. v. Flint Auto Auction, Inc., 2007 ILRWeb (P&F) 1277 [ED Mich] (Plaintiff has stated a claim for copyright infringement and for violation of the DMCA) Bedavailability.com v. A Bed Available, LLC, 2007 ILRWeb (P&F) 1269 [SD Cal] (Forum of mark owner is proper where web-based infringement involved) Chao v. Allied Pilots Association, 2007 ILRWeb (P&F) 1281 [ND Tex] (Labor organization's online voting system violated the secret-ballot requirement of the Labor-Management Reporting and Disclosure Act) Columbia Pictures Industries, Inc. v. Fysh, 2007 ILRWeb (P&F) 1271 [WD Mich] (P2P site deemed sufficiently 'interactive' to support finding of specific jurisdiction) Digital Performance Right in Sound Recordings and Ephemeral Recordings, In re, 2007 ILRWeb (P&F) 1403 [Copyright Royalty Board] (Determination of Rates and Terms for Webcasting for the License Period 2006-2010) Federal Trade Commission v. Enternet Media, Inc. (Stipulated Final Order), 2006 ILRWeb (P&F) 3291 [CD Cal] (Small-time web distributor of Enternet Media spyware code settles with FTC for $3,300) Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992, In re (Report and Order and Further NPRM), 2006 ILRWeb (P&F) 3293 [FCC] (Commission adopts rules and provides guidance to implement §621(a)(1) of the Communications Act, which prohibits franchising authorities from unreasonably refusing to award competitive franchises) Iowa, State of v. Muhlenbruch, 2007 ILRWeb (P&F) 1257 [Iowa Sup Ct] (Criminal defendant may be charged under Iowa Code section 728.12(3) with only one offense for possession of a computer that contains multiple pornographic images) Langdon v. Google, Inc., 2007 ILRWeb (P&F) 1249 [D Del] (Google enjoys First Amendment right to exclude ads it deems objectionable) Netalog, Inc. v. Tekkeon, Inc., 2007 ILRWeb (P&F) 1267 [MD NC] (One sale into forum plus interactive site is enough to establish specific jurisdiction) Peterson v. National Telecommunications and Information Administration, 2007 ILRWeb (P&F) 1253 [4th Cir] (Appellant lacks standing to enjoin NTIA from enforcing a rule that requires public disclosure of certain personal information of any individual who registers an Internet domain on the '.us' top-level domain) Popowsky v. Pennsylvania Public Utility Commission, 2007 ILRWeb (P&F) 1265 [Pa Comw Ct] (Pennsylvania PUC either must reject Verizon-MCI deal or must impose beneficial conditions on it) Potter v. Havlicek, 2007 ILRWeb (P&F) 1259 [SD Ohio] (Motion to enjoin use of electronic communications recovered via keystroke logger denied) Rodentpro.com LLC v. Biggers & Callaham LLC d/b/a Mice Direct, 2007 ILRWeb (P&F) 1263 [SD Ind] (E-mail, phone threats were not sufficient contacts for jurisdiction in trademark action) Romanowski v. RNI, LLC, 2007 ILRWeb (P&F) 1115 [ND Cal] (Jurisdiction over site's executive proper where claims unrelated to site's business) Smith v. Wal-Mart Stores, Inc., 2007 ILRWeb (P&F) 1275 [ND Ga] (Operator of gripe sites 'walocaust.com' and 'walquaeda.com' not entitled to discovery of third-party use of retailer's marks) Sony Pictures Home Entertainment, Inc. v. Chetney, 2007 ILRWeb (P&F) 1279 [ND NY] (Entry of default judgment against P2P user, plus award of $6000 in statutory damages, $1400 in attorney's fees, and entry of permanent injunction) Time Warner Cable Request for Declaratory Ruling that CLECs May Obtain Interconnection to Provide Wholesale Telecommunications Services to VoIP Providers, In re (Memorandum Opinion and Order), 2007 ILRWeb (P&F) 1401 [FCC] (FCC approves Time Warner bid to connect VoIP to phone network) United States v. Trotter, 2007 ILRWeb (P&F) 1261 [8th Cir] (Challenge to constitutionality of computer sabotage statute, 18 USC §1030(a)(5)(A)(i), fails) United States v. Twombly, 2007 ILRWeb (P&F) 1273 [SD Cal] (Criminal provisions of anti-spam statute not unconstitutionally vague) United States v. Willis, 2007 ILRWeb (P&F) 1255 [10th Cir] (CFAA requires no intent for damages, only for underlying unauthorized access) Search ILR's Cases database

Latest Pleadings, Motions, & Briefs AmeriFirst Bank v. TJX Companies, Inc. (Class Action Complaint), 2007 ILRWeb (P&F) 1038 [D Mass] (Class action arising from security breach of computer system) Doe v. Josef Silny and Associates, Inc. (Complaint), 2007 ILRWeb (P&F) 1222 [Fla Cir Ct] (IP address owner sued for defamatory Wikipedia entry) Rescuecom Corp. v. Google, Inc. (Amicus Curiae Brief of Electronic Frontier Foundation), 2007 ILRWeb (P&F) 1218 [2d Cir] (Group advocates use of trademark as search engine keyword) Stovall v. Yahoo! Inc. (Complaint), 2007 ILRWeb (P&F) 1220 [ND Ohio] (Claims for right of publicity and invasion of privacy stemming from Yahoo's use of plaintiff's image) Search ILR's Pleadings database

User Generated Content: The New, New Media Revolution The New, New Media Revolution: User Generated Content March 29, 2007 2:00-3:30 p.m. ET 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

Yahoo Business Strategy Analysis Yahoo's expansion into mobile content delivery and broadband video -- as well as a number of other initiatives -- may better position the company to compete with Google, AOL and other established and burgeoning Web sites vying for advertising dollars. This report explores a number of factors that will play a role in Yahoo's success in its strategic plan. Ten charts and tables included. Learn more

Subscription Information In order to receive your own copy of Internet Law & Regulation's Weekly Alert, please fill out the Weekly Alert sign-up form. Also, invite colleagues to request a trial to ILR. For additional information, contact customercare@pf.com. To unsubscribe, do not reply to this message. Instead, please use the unsubscribe feature at the bottom of this email.

Pike & Fischer • 1010 Wayne Avenue • Suite 1400 • Silver Spring, MD 20910-5600
Phone: 1-800-255-8131 • Fax: 301-562-1521 • Web: www.pf.com
Privacy Policy

Click here to unsubscribe