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Latest News 
 
INTELLECTUAL PROPERTY
 
Suit Alleging Massive Copyright Infringement on YouTube Site Seeks Class Action Status 
 
Operators of the YouTube video-sharing web site are deliberately engaging in, and facilitating, copyright infringement by others on a massive scale, according to a complaint filed May 4 in the U.S. District Court for the Southern District of New York.  The complaint takes as its starting point the well-known fact that a considerable amount of copyrighted material finds its way onto the YouTube web site.  According to the plaintiffs, a broadcaster of English soccer games and a music publisher, YouTube encourages the copyright infringement that occurs on its site and refrains from implementing readily available technical measures to prevent such infringement. Football Association Premier League Ltd. v. YouTube, Inc. (Class Action Complaint), 2007 ILRWeb (P&F) 1806.  Read more ...

Other Intellectual Property news: 
 
·  Royalty Board Finalizes Webcasting Royalties Following Failed Appeal, Congressional Action
·  Court Refuses to Vacate Vonage Infringement Verdict Based on High Court's KSR Ruling
·  PTO Issues a Staff Memo in Response to High Court's KSR Ruling
·  SoundExchange to Audit 2005 Filings on Digital Audio Transmissions by Microsoft
·  Utah Delays Implementation of Law Establishing Electronic Registration Mark
 
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INTERNET COMMERCE 
 
U.S. Alters Services Schedule to Avoid Ruling on Gambling, Refuses Antigua Compensation 
 
The United States announced May 4 that it will be modifying its World Trade Organization schedule of services commitments to specifically rule out any market access commitments on gambling services and to correct what U.S. officials described as a drafting "oversight" made towards the conclusion of the Uruguay Round in 1993.  U.S. officials said the move was the only option available to the United States in order to bring Washington in compliance with a WTO dispute ruling condemning U.S. restrictions on cross-border Internet gambling.  Read more ...
 
Other Internet Commerce news: 
 
·  Electronic Payment Processing Company to End Online Tobacco Work, Cuomo Says
·  Visual Web Site Must Impede Blind Users' Access to Physical Store to Satisfy ADA Class
·  Whois Data Accuracy Program to Allow ICANN Audits
·  Alabama Lawyers May Not Mine 'Metadata' Hidden Inside E-Documents
 
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FREEDOM OF SPEECH
 
Single Publication Rule Applicable in Civil Rights Challenge to Online Discipline Reports 
 
The statute of limitations for a civil rights claim arising from online material begins on the date the material is first available online, the U.S. Court of Appeals for the Ninth Circuit held May 3.  The logic of the single publication rule—developed in the context of state defamation claims—applies to a federal civil rights action stemming from content posted online, the court reasoned. Along the way, it also held that allegedly unlawful material is not republished merely by remaining available for viewing, or by minor changes in the URL at the same second-level domain. Canatella v. Van de Kamp, 2007 ILRWeb (P&F) 1803.  Read more ...
 
Other Freedom of Speech news: 
 
·  Louisiana Liable for Attorneys' Fees After Video Game Law Deemed Unconstitutional
·  Self-Titled 'Spam Fighter' Found Liable for Millions in Marketer's Defamation Lawsuit
 
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TELECOMMUNICATIONS 
 
New York Legislators Consider Measure to Prohibit Packet Discrimination by Telcos 
 
The state Assembly is considering a bill (A. 3980) to establish "net neutrality" in New York state, as part of a sweeping measure to regulate the telecommunications and cable industries.  The bill, which is before the Corporations, Authorities, and Commissions Committee, would prohibit networks from favoring one particular network destination or class of applications over another.  "Although the federal government has eliminated net neutrality rules, the state has every right and obligation to build this important consumer protection in as a condition of a new model of cable and broadband deployment," the sponsors of the bills said in a memo supporting the legislation.  Read more ...
 
Other Telecommunications news: 
 
·  Federal-State Joint Board Urges FCC to Adopt Cap on USF Support
·  At Music Policy Event, User Advocates Make Case for Net Neutrality Protections
·  Verizon's Policy Agenda Includes Broadband, Spectrum Rules, USF Reform
 
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PRIVACY & SECURITY 
 
No Protected Privacy Interest in P2P User's IP Address When Visible on Network 
 
A peer-to-peer network user whose Internet protocol address is visible to anyone using ordinary Internet software lacks a privacy interest in that address, even if the user has his or her file-sharing option switched off, the Minnesota Court of Appeals held April 17 in an unpublished decision.  After reading the IP address of a P2P network user, an officer subpoenaed the hosting Internet service provider for the user's name and address, where officers later recovered a substantial amount of computer disk-stored pornography.  The user argued that this evidence should have been suppressed, because the officers only discovered his address through an illegal search.  The court disagreed.  State of Minnesota v. Jacobs, 2007 ILRWeb (P&F) 1659.  Read more ...
 
Other Privacy & Security news: 
 
·  House Judiciary Committee Moves Measure to Punish 'Spyware' Activities
·  Privacy Advocates Urge Congress to Reject White House Wiretap Bill
·  Senate Judiciary Approves Bill to Raise Private Sector Data Security
·  Rep. Davis Reintroduces Federal Agencies Data Security Bill Requiring Breach Notice
·  Tech Groups Object to Senate Proposal to Create DHS Preparedness Standards
·  Pennsylvania Senate Committee Moves Spyware Bill with Civil, Criminal Penalties
·  EU Law Enforcement Data Sharing Proposal Insufficient, EU Data Protection Chief Says
 
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TAXATION
 
Virginia Tax Commissioner Says Distribution Center Located in State Does Not Create Nexus 
 
The establishment of a distribution center in Virginia would not create taxable nexus for a retailer, the Virginia Tax Commissioner has ruled. The commissioner concluded that there was no nexus with Virginia because the retailer would have no property in Virginia, and its business activities in Virginia were not sufficient to establish nexus.  The taxpayer operates retail web sites, and sales of the products are handled by a retailer.  Virginia Tax Commissioner Ruling PD 07-24, 2007 ILRWeb (P&F) 1551.  Read more ...

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JURISDICTION & PROCEDURE 
 
E-Mail, Other Electronically Stored Data Should Be Given Strict Evidentiary Vetting 
 
Photocopies of printed e-mails were not admissible as evidence when offered without authentication and without consideration for the hearsay, original writing, and prejudice balancing considerations required by the Federal Rules of Evidence, a magistrate judge for the U.S. District Court for the District of Maryland held May 4.  The magistrate undertook an expansive discussion of the admissibility of electronically stored information, and along the way determined that the e-mail messages offered here failed all of the requirements. The e-mails were merely attached to a summary judgment motion, the court said, and the parties made no attempt to demonstrate their admissibility under federal evidence standards. Lorraine v. Markel American Insurance Co., 2007 ILRWeb (P&F) 1805.  Read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Allegedly Infringing Web Site Not Purposeful Availment Absent Actual Commercial Dealings
·  Web Site 'Interactivity' Irrelevant When Assessing Jurisdiction Arising from Ad Site
 
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Latest Cases 
 
·  Alabama State Bar Ethics Opinion RO-2007-02, 2007 ILRWeb (P&F) 1553 [Ala St Bar] (Alabama lawyers may not mine 'metadata' hidden inside e-documents)
·  Canatella v. Van de Kamp, 2007 ILRWeb (P&F) 1803 [9th Cir] (Single publication rule bars claim based on attorney disciplinary record posted on state bar's web site)
·  Creative Cash Flow Solutions, Inc., In re (Assurance of Discontinuance), 2007 ILRWeb (P&F) 1661 [NY Att'y Gen] (Electronic payment processing company to end online tobacco work)
·  Digital Performance Right in Sound Recordings and Ephemeral Recordings (Final Rule and Order), 2007 ILRWeb (P&F) 1801 [Copyright Royalty Board] (Royalty board finalizes webcasting royalties following failed appeal, congressional action)
·  Entertainment Software Association v. Foti, 2007 ILRWeb (P&F) 1671 [MD La] (Louisiana liable for attorneys' fees after video game law deemed unconstitutional)
·  GTX Global Corp. v. Left, 2007 ILRWeb (P&F) 1807 [Cal Ct App] (Blogger, sued for defamation, wins anti-SLAPP motion)
·  Howard v. Missouri Bone and Joint Center, Inc., 2007 ILRWeb (P&F) 1675 [Ill App Ct] (Web site 'interactivity' irrelevant when assessing jurisdiction arising from ad site)
·  IO Group, Inc. v. Veoh Networks, Inc., 2007 ILRWeb (P&F) 1655 [ND Cal] (Web site traffic information is relevant or reasonably calculated to lead to the discovery of admissible evidence as to the "direct financial benefit," if any, defendant obtained from the alleged infringing activity)
·  Lorraine v. Markel American Insurance Co., 2007 ILRWeb (P&F) 1805 [D Md] (E-mail, other electronically stored data should be given strict evidentiary vetting)
·  Minnesota, State of v. Jacobs, 2007 ILRWeb (P&F) 1659 [Minn Ct App] (No protected privacy interest in P2P user's IP address when visible on network)
·  National Federation of the Blind v. Target Corp., 2007 ILRWeb (P&F) 1667 [ND Cal] (Visual web site must impede blind users' access to physical store to satisfy ADA class)
·  Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, In re, 2007 ILRWeb (P&F) 1673 [FCC] (Commission addresses rules governing wireless licenses in the 700 MHz Band)
·  Static Control Components, Inc. v. Lexmark International, Inc., 2007 ILRWeb (P&F) 1663 [ED Ky] (Motion for summary judgment of direct infringement granted in part and denied in part)
·  Tewart Enterprises, Inc. v. Dawson, 2007 ILRWeb (P&F) 1669 [SD Ohio] (Allegedly infringing web site not purposeful availment absent actual commercial dealings)
·  Verizon Services Corp. v. Vonage Holdings Corp., 2007 ILRWeb (P&F) 1657 [Fed Cir] (Order granting motion for stay)
·  Verizon Services Corp. v. Vonage Holdings Corp., 2007 ILRWeb (P&F) 1665 [ED Va] (Permanent Injunction)
·  Virginia Tax Commissioner Ruling PD 07-24, 2007 ILRWeb (P&F) 1551 [Va Tax Comm'r] (Distribution center located in state does not create nexus)
 
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Latest Pleadings, Motions, & Briefs 
 
·  Football Association Premier League Ltd. v. YouTube, Inc. (Class Action Complaint), 2007 ILRWeb (P&F) 1806 [SD NY] (Class action copyright infringement lawsuit filed by British football league and American music publisher against YouTube)
·  Verizon Services Corp. v. Vonage Holdings Corp. (Motion to Vacate & Remand), 2007 ILRWeb (P&F) 1802 [Fed Cir] (Vonage asks for remand in light of Supreme Court's ruling in KSR International Co. v. Teleflex, Inc.)
·  Verizon Services Corp. v. Vonage Holdings Corp. (Opposition to Motion to Vacate & Remand), 2007 ILRWeb (P&F) 1804 [Fed Cir]
 
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Latest Research from Pike & Fischer

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.

Special Offers
Purchase the report and attend the May 23rd audio event Order Now
Learn More about the audio event
Purchase the report and schedule a 1-hr. briefing with Chief Analyst Tim McElgunn. Order Now
Purchase the report, attend the May 23rd audio event and schedule a briefing Order Now

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.  Order Now

View all Market Research Reports & Briefs

Events & Conferences 
 
Broadband Policy Summit III:  Group Rates Available
June 7-8, 2007 - The Ritz-Carlton Pentagon City, Arlington, VA 
Don't miss this opportunity to hear from top policymakers and industry leaders from Congress, the FCC, NTIA, State Commissions, cable operators, telcos, content providers, equipment manufacturers, and law firms.  You'll learn how technology advancements, policy developments, and changing business models are shaping the future of the industry.
Does your organization have more than one professional interested in attending?  Ask about our group rates.  
Download Brochure   Register Now

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