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Latest News 
 
INTELLECTUAL PROPERTY
 
Board Declines to Rehear Royalty Determination for Internet Broadcasters 
 
The Copyright Royalty Board April 16 rejected motions by a diverse group of commercial and public radio and online broadcasters to reconsider the board's controversial March 2 determination of the royalties that these broadcasters must pay record companies and artists to stream copyrighted music over the Internet. The board also declined to postpone the new rates pending administrative and judicial appeal of the board's decision.  Digital Performance Right in Sound Recordings and Ephemeral Recordings, In re (Order Denying Motions for Rehearing), 2007 ILRWeb (P&F) 1619.  Read more . . .

Other Intellectual Property news:
 
·  Piracy Fight Takes a Turn, as Chinese Internet Portal Vows to Sue Google Over IPR
·  Content Owners, Fair Use Advocates Debate UGC Principles
·  'Lawyers.com' Is Generic, Unregistrable for Reed Elsevier's Legal News Database
·  French TLD Registrar AFNIC Claims Victory in EuroDNS Cybersquatting Case
 
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INTERNET COMMERCE 
 
Undefined Terms, If Understood in Field, Do Not Rend Regulation Impermissibly Vague 
 
Use of the terms "valid preexisting patient-practitioner relationship," "Internet-based questionnaire," "Internet-based consultation," and "telephone consultation" in a state regulation controlling Internet pharmacies did not rend the regulation unconstitutionally vague, the Colorado Court of Appeals, Division 1, held April 5. The terms would be understood by the pharmacists for whom they were written, the court said, and their definition, though partial, comported with state guidelines. Brighton Pharmacy, Inc. v. Colorado State Pharmacy Board, 2007 ILRWeb (P&F) 1617.  Read more . . .
 
Other Internet Commerce news: 
 
·  Roundtable Unit Urges Financial Institutions to Establish Critical E-Mail Security Protocols
·  Search Ad Provider Owed Implied Duty of Good Faith and Fair Dealing Under Contract
·  $4.5 Million Jury Award for Misleading Opt-Out Upheld Without Additional Damages

 
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FREEDOM OF SPEECH
 
Online Criticism of School Official's Policy Protected Political Speech Despite Vulgarity 
 
An Internet posting criticizing a public school principal's policy of disallowing body piercings is protected political speech that cannot be suppressed absent a showing of actual harm, the Indiana Court of Appeals held April 9. The court focused not on the obscene vocabulary employed in the defendant's posting, but rather centered its analysis on the underlying message. The court held that the spirit of the message was critical of a school principal's official policy. A.B. v. State of Indiana, 2007 ILRWeb (P&F) 1611.  Read more . . .
 
Other Freedom of Speech news: 
 
·  State Government's Internal Blog-Blocking Policy Likely Reasonable, Non-Discriminatory
·  Standard to Identify Anti-Business Poster Held Same as in Personal 'Defamation'
·  Internet Porn, Other 'Harmful' Content Focus of Bill Calling for Government-Mandated Tags
 
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TELECOMMUNICATIONS 
 
Bill Requiring VoIP 911 Connectivity Finds Support, Suggestions for Improvement 
 
Legislation (S. 428) to require Voice over Internet Protocol (VoIP) providers to offer 911 service is a step in the right direction, several public safety experts told the Senate Committee on Commerce, Science, and Transportation April 10. Witnesses expressed broad support for the bill, but offered suggestions for improvement and fine-tuning before the bill goes to markup. The witnesses were especially concerned with how implementation will be funded. Read more . . .
 
Other Telecommunications news: 
 
·  Roundtable on WIPO Broadcasters' Treaty Set for May 7 in Washington, D.C.
 
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PRIVACY & SECURITY 
 
Employer Monitoring of U.K. Worker's E-Mail Violated Privacy, Human Rights Court Rules 
 
The European Court of Human Rights (ECHR) April 3 ruled that employer monitoring of a worker's e-mail use in the 1990s violated her rights to privacy guaranteed at that time by the European Convention on Human Rights. The court ruled that e-mails deserved the same privacy protections as other personal communication, such as telephone calls, and emphasized that the employer in the case failed to warn workers that their communications might be monitored. Copland v. United Kingdom, 2007 ILRWeb (P&F) 1605.  Read more . . .
 
Other Privacy & Security news: 
 
·  Industry Group Renews Call for Federal Cybersecurity Incentives
·  Senate Judiciary Passes Bill Requiring Data-Mining Reports
·  Federal Government Scores Overall C- on FISMA Computer Security Report Card
·  Student Had Privacy Right in Computer, but 'Special Needs' Justified Remote Search
·  SBA Updates Privacy Act Rule with Data Security
·  CMS Launches Site to Ease Transition to E-Records
·  IRS Report Finds Lack of Online Data Sharing

 
Search ILR's Privacy & Security database 

JURISDICTION & PROCEDURE 
 
Foreign Web Sales to U.S. Residents May Support Jurisdiction Absent Other Contacts 
 
A corporation that does business via a web site with U.S. customers but not to the extent that minimum contacts would be satisfied in a specific state may not argue lack of jurisdiction to a federal trademark claim unless it can show a more appropriate U.S. forum, the U.S. District Court for the Western District of Virginia held April 5. The court determined that a Canadian corporation's lack of minimum contacts with Virginia did not necessarily preclude a lawsuit there. Silver Ring Splint Co. v. Digispint, Inc., 2007 ILRWeb (P&F) 1615.  Read more . . .
 
Other Jurisdiction & Procedure news: 
 
·  Web Defamation on Non-Commercially Interactive Site No Grounds for Jurisdiction
·  Court Bars Evidence of Copy-and-Paste Document as Record of Online Conversations
·  Allegedly Infringing NYPD.com Operator Must Defend Trademark Claims in New York
·  Internet 'Wayback Machine' Printouts Held Inadmissible Without Qualified Authentication
 
Search ILR's Jurisdiction & Procedure database

Latest Cases 
 
·  A.B. v. State of Indiana, 2007 ILRWeb (P&F) 1611 [Ind Ct App] (Message authored by minor and posted on a MySpace.com web site is protected political speech)
·  Brighton Pharmacy, Inc. v. Colorado State Pharmacy Board, 2007 ILRWeb (P&F) 1617 [Colo Ct App] (Undefined terms, if understood in field, do not rend regulation impermissibly vague)
·  Butler v. Adoption Media, LLC, 2007 ILRWeb (P&F) 1521 [ND Cal] (Arizona-based Internet business subject to California's civil rights law; homosexual couple may sue Arizona adoption site for refusing to include them in their online listing of prospective adoptive parents)
·  CollegeNet, Inc. v. XAP Corp., 2007 ILRWeb (P&F) 1503 [D Ore] ($4.5 million jury award for misleading opt-out upheld without additional damages)
·  Copland v. United Kingdom, 2007 ILRWeb (P&F) 1605 [ECHR] (Employer monitoring of U.K. worker's e-mail violated privacy)
·  D'Amato v. Starr (Report and Recommendation), 2007 ILRWeb (P&F) 1297 [ED NY] (Web defamation on non-commercially interactive site no grounds for jurisdiction)
·  D'Amato v. Starr (Order Adopting Report and Recommendation), 2007 ILRWeb (P&F) 1523 [ED NY] (Web defamation on non-commercially interactive site no grounds for jurisdiction)
·  Digital Performance Right in Sound Recordings and Ephemeral Recordings, In re (Order Denying Motions for Rehearing), 2007 ILRWeb (P&F) 1619 [U.S. Copyright Royalty Judges] (CRB declines to rehear royalty determination for Internet broadcasters)
·  Nickolas v. Fletcher, 2007 ILRWeb (P&F) 1515 [ED Ky] (State government's internal blog-blocking policy likely reasonable, non-discriminatory)
·  Novak d/b/a Petswarehouse.com v. Tucows, Inc., 2007 ILRWeb (P&F) 1487 [ED NY] (Internet 'Wayback Machine' printouts held inadmissible without qualified authentication)
·  Payday Advance Plus, Inc. v. Findwhat.com, Inc., 2007 ILRWeb (P&F) 1435 [SD NY] (Search ad provider owed implied duty good faith and fair dealing under contract)
·  Pet Silk, Inc. v. Jackson, 2007 ILRWeb (P&F) 1519 [SD Tex] (Use of mark in domain name creates initial interest confusion)
·  Reed Elsevier Properties, Inc., In re, 2007 ILRWeb (P&F) 1613 [Fed Cir] ('Lawyers.com' is generic, unregistrable for Reed Elsevier's legal news database)
·  Reunion Industries, Inc. v. Doe 1, 2007 ILRWeb (P&F) 1517 [Pa Ct Com Pleas] (Standard to identify anti-business poster held same as in personal 'defamation')
·  Rubin v. City of New York, 2007 ILRWeb (P&F) 1527 [SD NY] (Allegedly infringing NYPD.com operator must defend trademark claims in New York)
·  Silver Ring Splint Co. v. Digispint, Inc., 2007 ILRWeb (P&F) 1615 [WD Va] (Foreign web sales to U.S. residents may support jurisdiction absent other contacts)
·  United States v. Heckenkamp, 2007 ILRWeb (P&F) 1603 [9th Cir] (Student had privacy right in computer, but 'special needs' justified remote search)
·  United States v. Jackson, 2007 ILRWeb (P&F) 1525 [D Neb] (Court bars evidence of copy-and-paste document as record of online conversations)
 
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Latest Pleadings, Motions, & Briefs 
 
·  Lava Records LLC v. Amurao (Amicus Brief in Support of Defendant's Opposition to Motion to Dismiss Counterclaims), 2007 ILRWeb (P&F) 1600 [SD NY] (Electronic Frontier Foundation files amicus brief supporting file-sharing defendant's right to file counterclaims against RIAA)
 
Search ILR's Pleadings database 

Latest Research from Pike & Fischer

Verizon vs. Vonage:  What It Means for Residential VoIP Service
On March 8th, a federal jury found that Vonage Holdings infringed on three Verizon patents, fueling speculation that the company could have to shut down its VoIP service.  This report analyzes the impact that this case will have on Vonage as well as other independent VoIP providers, and explains why the jury verdict will generate increased adoption of cable phone service. 

User-Generated Video on the Web: A Taxonomy and Market Outlook
The proliferation of user-generated online video has had a significant impact on Internet marketing methods, business models and copyright law. This report provides a snapshot of the current players in the user-generated video market and examines them on the basis of their respective content type, ownership and business model. We examine how various social media Web sites are differentiating their content and features. The analysis supports Pike & Fischer's conclusion that the market for user-generated content is approaching the glut stage and will undergo significant consolidation within the next three years.

View all Market Research Reports & Briefs

Events & Conferences 
 
Broadband Policy Summit III
June 7-8, 2007 - The Ritz-Carlton Pentagon City - Arlington, VA
Learn firsthand from top industry experts and regulators what's hot on the legislative and regulatory agendas, how this affects broadband business practices, and what you need to do to position your organization for strategic success.  Hear from top policy-makers and industry leaders from Congress, the FCC, NTIA, state commissions, cable operators, telcos and law firms. 
Download Brochure   Register Now 

Legal Risk Management in the Web 2.0 World
September 18, 2007 - AED Conference Center - Washington, D.C.
Gain the latest insights and guidance on dealing with the growing array of legal risks associated with social networking, user-generated content and other applications in the Web 2.0 world.  Prepare yourself by learning about existing and potential liabilities, and how you can manage your risk.  Join Pike & Fischer's team of attorney-experts and Broadband Advisory Services analysts and your fellow telecom and law colleagues for this unprecedented event.  Take advantage of our early bird rate and secure your registration today.
Learn More  Register Now

The New, New Media Revolution: User Generated Content
If you missed our audio conference on User Generated Content, you haven't missed out completely. CD-ROM recordings of the event are now available. Order one today!

View all Events & Conferences

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