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Latest News 
 
INTELLECTUAL PROPERTY
 
Downloaded Music Via Internet Is a Reproduction, Not a Performance 
 
A musical work that is downloaded via the Internet involves the right of reproduction, and not the performance right under Section 106 of the Copyright Act, the U.S. District Court for the Southern District of New York held April 25. Acknowledging that the bundle of rights accorded under Section 106 is non-exclusive, the court nonetheless found no basis in construing music that is downloaded over the Internet as both a "public performance" and a "reproduction," for purposes of determining an adequate performance royalty rate.  United States v. American Society of Composers, Authors and Publishers, 2007 ILRWeb (P&F) 1641.  Read more ...

Other Intellectual Property news:
 
·  Shipment of Windows Master Disks Abroad Is Not Infringing Supply of Patented Component
·  Supreme Court Finds That Patent Obviousness Inquiry Was Applied Too Rigidly
·  Supreme Court Patent Rulings Meet Mixed Reaction from Industry, Parties, Practitioners
·  Use of Trademarked Terms in Parody Site's Domain Name Not Commercial, Not Infringing
·  EU Approves IP Criminalization Plan, Prompting Concerns About Including Patents
·  Inslee Proposal Would Nullify March 2 Copyright Royalty Board Webcasting Rate
·  Experts Alarmed by Domain Name 'Joyriding' Seeking Boost in Fraud Prevention Awareness
 
Search ILR's Intellectual Property database

INTERNET COMMERCE 
 
'Project Honey Pot' Sues Doe Spammers, Alleges Millions of Addresses Were Harvested 
 
Unsolicited commercial e-mail messages sent to addresses published by trap "honey pot" web sites violated federal and state anti-spam laws, according to a complaint filed April 26 in the U.S. District Court for the Eastern District of Virginia.  The complaint alleged that approximately six million e-mail messages, sent by as-yet-unknown spammers, were unlawful because, among other things, they contained materially false header information, in violation of the CAN-SPAM Act.  Project Honey Pot v. Does (Complaint), 2007 ILRWeb (P&F) 1612.  Read more ...
 
Other Internet Commerce news: 
 
·  Rep. Frank Will Introduce Legislation to Undo Prohibitions on Internet Gambling
·  Web-Based Concert Ticket Sales Violate Ticketmaster Contracts, Complaint Says
 
Search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Google Named as Libel Defendant After Search Returned Allegedly Defamatory Article 
 
Refusing to remove an allegedly libelous article from search result caches makes Google liable alongside the original libeler for damages caused by the article, a complaint filed in the U.S. District Court for the District of New Jersey alleged April 23.  According to the complaint, co-defendant Rip-OffReport.com published on its web site a "defamatory and libelous statement" written by one of the defendant's dissatisfied customers. The report also came up in a Google search of the defendant's business.  RSA Enterprises v. Rip-Off Report.com (Complaint), 2007 ILRWeb (P&F) 1610.  Read more ...
 
Other Freedom of Speech news: 
 
·  CDA Immunity an Affirmative Defense, Cannot Be Decided in Motion to Dismiss
 
Search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Senate Committee Approves Measure to Require E-911 from VoIP Providers 
 
The Senate Commerce, Science, and Transportation Committee April 25 approved by voice vote an amended bill (S. 428) that would require Voice over Internet Protocol (VoIP) providers to offer their subscribers E-911 service.  The bill, called the "IP-Enabled Voice Communications and Public Safety Act of 2007," is sponsored by Sens. Bill Nelson (D-Fla.), Olympia Snowe (R-Maine), and Hillary Clinton (D-N.Y.).  Nelson and Snowe are members of the committee.  Read more ...
 
Other Telecommunications news: 
 
·  Boucher, Terry Introduce USF Bill to Stabilize Fund, Promote Broadband
·  Dorgan Sees Consensus Building for Net Neutrality Action in Senate
·  High-Tech Agenda That Senate GOP Will Push During 110th Congress Is Outlined by Smith
·  Broadband Providers Back Measure to Fix RUS Broadband Loan Program
·  CTIA Opposes Skype Petition Seeking Open Wireless Networks
 
Search ILR's Telecommunications database

PRIVACY & SECURITY 
 
First Settlement Reached Under Law on Data Breaches, New York AG Reports 
 
A Chicago-based information technology and claims management unit of the insurance giant Marsh, Inc. has entered into the first settlement to be reached under a state information and security breach notification law, New York Attorney General Andrew Cuomo (D) announced April 26.  The company, CS STARS LLC, announced in July 2006 that it had recovered stolen computer hardware containing the personal information of 540,000 people in a database managed for the New York Special Funds Conservation Committee, a non-profit organization created to defend two state workers' compensation funds.  Read more ...   
 
Other Privacy & Security news: 
 
·  Chinese Internet Users Detained for Sending 'Subversive' E-Mail Blame Yahoo! Disclosure
·  Three State Bank Associations File Class Suit to Recover Breach Fallout Costs from TJX
·  FTC Pursuing COPPA Action, Agency Chairman Says
 
Search ILR's Privacy & Security database 

TAXATION
 
Senate High Technology Task Force Unveils Agenda Highlighting Push for Tax Benefits 
 
The Senate High Technology Task Force April 25 unveiled its policy agenda for the 110th Congress, saying it would work for more beneficial tax treatment for technology and development.  One of the group's highest priorities will be making the Internet tax moratorium permanent, according to the agenda.  It also will join the fight for a permanent research and development tax credit.  Another tax goal will be to repeal what the task force called the "regressive" federal excise tax on telecommunications.  Read more ...

Other Taxation news: 
 
·  N.Y. Tax Dep't Memorandum Addresses Sales Tax Treatment of Telecommunications Services
·  Computer Software Royalty Payments Subject to Virginia Sales Tax, Ruling Says
 
Search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Use of Trademarked Term on Web Site Not Purposeful Availment of Mark Owner's Forum 
 
An insurance company not licensed to do business in Michigan did not purposefully avail itself of the Michigan forum merely by using a trademarked term, owned by a Michigan corporation, on its web site and policy materials, the U.S. District Court for the Eastern District of Michigan held April 12.  The court said that it lacked jurisdiction, finding that there had been no "express aiming" of harm into the forum.  Even if the defendant had known that it was using a trademarked term, it was not attempting to do business with the trademark owner's forum because it was not licensed to do business there, the court said. Providers Access and Saving System, Inc. v. Regence Group, Inc., 2007 ILRWeb (P&F) 1629.  Read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Prejudicial Online 'Instant Survey' Results Inadmissible as Proof of Consumer Confusion
·  Web-Based Allegations Mentioning Indiana Not Reasonable Basis for Jurisdiction There
 
Search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
House Judiciary Subcommittee Approves Jail Time for Installing Unauthorized Spyware 
 
A House Judiciary subcommittee May 1 approved legislation to establish criminal penalties for individuals who install "spyware" programs on a computer without the owner's permission.  The "Internet Spyware Prevention Act" (H.R. 1525) would make it a criminal offense to intentionally access a computer without authorization and cause a "program or code" to be copied onto the computer to further another federal criminal offense, obtain or transmit personal information, or impair the security protections of a computer.  Violators would face up to five years in prison. Read more ...
 
Other Criminal Liability news: 
 
·  Porn Traced to Open Wireless IP Address Supports Probable Cause for Home Search
 
Search ILR's Criminal Liability database 

Latest Cases 
 
·  Capitol Records, Inc. v. Foster, 2007 ILRWeb (P&F) 1649 [WD Okla] (Motion to reconsider attorney's fees award in P2P dispute is denied)
·  Doctor's Associates, Inc. v. QIP Holders, LLC, 2007 ILRWeb (P&F) 1645 [D Conn] (Invocation of CDA Section 230(c) immunity constitutes an affirmative defense and, as such, is not fodder for a Rule 12(b)(6) motion to dismiss)
·  Glock, Inc. v. Pilz, 2007 ILRWeb (P&F) 1549 [SD Ind] (Web-based allegations mentioning Indiana not reasonable basis for jurisdiction there)
·  Great Notions, Inc. v. Danyeur, 2007 ILRWeb (P&F) 1539 [ND Tex] (eBay auction insufficient to confer specific jurisdiction)
·  J.S. v. Blue Mountain School District, 2007 ILRWeb (P&F) 1543 [MD Pa] (Eighth grader who posted uncomplimentary profile of school principal on MySpace is not entitled to TRO)
·  KSR International Co. v. Teleflex, Inc., 2007 ILRWeb (P&F) 1653 [US Sup Ct] (Supreme Court finds that patent obviousness inquiry was applied too rigidly)
·  Mark Hanby Ministries, Inc. v. Lubet, 2007 ILRWeb (P&F) 1545 [ED Tenn] (Defamation plaintiff establishes a prima facie case for personal jurisdiction over defendant who sent allegedly defamatory e-mails to forum resident)
·  Merisant Co. v. McNeil Nutritionals, LLC, 2007 ILRWeb (P&F) 1639 [ED Pa] (Prejudicial online 'instant survey' results inadmissible as proof of consumer confusion)
·  Microsoft Corp. v. AT&T Corp., 2007 ILRWeb (P&F) 1651 [US Sup Ct] (Shipment of Windows master disks abroad is not infringing supply of patented component)
·  New York Office of Tax Policy Analysis Advisory Opinion TSB-M-07(2)S, 2007 ILRWeb (P&F) 1643 [NY Dep't Tax Fin] (Memorandum addresses sales tax treatment of telecommunications services)
·  Providers Access and Saving System, Inc. v. Regence Group, Inc., 2007 ILRWeb (P&F) 1629 [ED Mich] (Use of trademarked term on web site not purposeful availment of mark owner's forum)
·  Sony BMG Music Entertainment v. Arellanes, 2007 ILRWeb (P&F) 1547 [ED Tex] (Revision of order governing hard drive inspection)
·  United States v. American Society of Composers, Authors and Publishers, 2007 ILRWeb (P&F) 1641 [SD NY] (Downloading music file is not a "public performance")
·  United States v. Buchanan, 2007 ILRWeb (P&F) 1647 [5th Cir] (Convictions for receipt of child porn were multiplicitous where government did not offer any proof that defendant took more than one action to receive the four downloaded images at issue)
·  United States v. Perez, 2007 ILRWeb (P&F) 1621 [5th Cir] (Porn traced to open wireless IP address supports probable cause for home search)
·  Utah Lighthouse Ministry, Inc. v. Discovery Computing, Inc., 2007 ILRWeb (P&F) 1489 [D Utah] (Use of trademarked terms in parody site's domain name not commercial, not infringing)
·  Virginia Tax Commissioner Ruling P.D. 07-22, 2007 ILRWeb (P&F) 1541 [Va Tax Comm'r] (Computer software royalty payments subject to Virginia sales tax)
 
Search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Massachusetts Bankers Association v. TJX Companies, Inc. (Class Action Complaint), 2007 ILRWeb (P&F) 1608 [D Mass] (Three state bank associations file class suit to recover breach fallout costs from TJX)
·  Project Honey Pot v. Does (Complaint), 2007 ILRWeb (P&F) 1612 [ED Va] (Anti-spam organization seeks injunctive relief against John Doe defendants for violations of federal CAN-SPAM Act and Virginia anti-spam law)
·  RSA Enterprises v. Rip-Off Report.Com (Complaint), 2007 ILRWeb (P&F) 1610 [D NJ] (Homebuilder sues Google and Bad Business Bureau for posting allegedly defamatory statement by disgruntled customer)
·  Ticketmaster L.L.C. v. eBay, Inc., d/b/a StubHub (Complaint), 2007 ILRWeb (P&F) 1616 [Cal Super Ct] (Complaint says web-based concert ticket sales violate Ticketmaster contracts)
·  Viacom International, Inc. v. YouTube, Inc. (Defendants' Answer), 2007 ILRWeb (P&F) 1618 [SD NY] (Google/YouTube respond to Viacom's complaint, citing DMCA's safe harbors)
·  Xiaoning v. Yahoo! Inc. (Complaint), 2007 ILRWeb (P&F) 1602 [ND Cal] (Chinese Internet users detained for sending 'subversive' e-mail blame Yahoo! disclosure)
 
Search ILR's Pleadings database 

Latest Research from Pike & Fischer

The White Space Opportunity:  Spectrum as a Public Asset and the Impact on Incumbents
The FCC is in the final stages of deciding if and how to authorize use of the TV broadcast "white space," which it could make available by early 2009.  In this first-of-its-kind paradigm, we propose a detailed white space policy designed to maximize the amount of spectrum made available for "community" broadband networks.  We highlight the federal government's historic opportunity to directly and fully serve the public interest.  And as a final exercise, we consider the potential impact that our proposed free public networks would have on incumbents' revenues. 

Cable Commercial-Services Strategies
The nation's top cable operators are launching a long-anticipated push to develop and broadly deploy a commercial services portfolio focused on the small and mid-sized business (SMB) segment. In attacking this multibillion dollar opportunity, the cable companies have fundamental decisions to make regarding technology solutions, the types of customers to target, the channel partners they will leverage in reaching those customers, and service portfolios to market through those channels.  This 30+ page report provides an overview of the commercial services strategies of the leading U.S. cable operators, analyzes their existing and emerging capabilities, and details the critical success factors for the cable industry in targeting the SMB opportunity.
Learn More about our May 23 audio event

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

View all Events & Conferences

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