P&F's Broadband Policy Summit III Begins Next Week!

The Ritz-Carlton, Pentagon City, Arlington, VA - June 7-8, 2007
BPS III focuses on the complex issues and challenges facing broadband regulators and executives nationwide. This year's Keynote speakers include top legislative and administrative policymakers Rep. Rick Boucher (D-VA), FCC Commissioner Robert M. McDowell, and NTIA Administrator John M.R. Kneuer. Attendees gain a full understanding of the very latest technology developments and policy shifts and how these trends will shape business models and affect the competitive landscape in the months and years ahead.  Space is limited -- Register today to ensure your organizations' presence and participation. View the entire Summit Agenda to see the full lineup of top-flight speakers and to learn who has already made plans to attend. Group, government, and academic rates are available. Send inquiries to Customercare@pf.com or call 301-562-1530 x 248.

Latest News 
 
INTELLECTUAL PROPERTY
 
SoundExchange Announces Continuation of Lower Royalty Rates for Small Webcasters 
 
In the face of legislative action to roll back royalty rates imposed by the Copyright Royalty Board with respect to small webcasters, royalty distribution collective SoundExchange announced on May 22 an offer to extend the previous, lower royalty rates for another three years.  SoundExchange said that it would allow small webcasters to take advantage of "below-market royalty rates" in response to a request from members of the House Judiciary Committee on Courts, the Internet, and Intellectual Property.  Legislative interest was triggered by a determination in March by the Copyright Royalty Board that would result in increased royalties for Internet-based music services.  Read more ...

Other Intellectual Property news:
 
·  Ninth Circuit Revises Copyright Term Decision
·  Disputed Registrability No Bar to Court's Consideration of Trademark Infringement
 
Search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Google Confirms FTC Review of Proposed DoubleClick Purchase  
 
The Federal Trade Commission is reviewing Internet search giant Google, Inc.'s planned acquisition of online advertising company DoubleClick, Inc., Google confirmed May 29.  Google announced in April that it had reached an agreement to purchase DoubleClick from a private equity firm for $3.1 billion.  The deal is being challenged by privacy advocates, who argue that it would give one company access to more information about the Internet activities of consumers than any other firm in the world.  The FTC has been urged to delay the deal until Google can show how it will address privacy concerns.  However, it was not immediately clear to what extent privacy questions will be examined.  Read more ... 
 
Other Internet Commerce news: 
 
·  Online Context Does Not Change Court's Treatment of Ads as Invitations for Offers
·  U.S., Developing Countries Still Divided on Addressing Internet Management Issues
·  Internet Advertising Revenues Total $17 Billion in 2006, Report Says
·  Talk of Surgical Resident's Photos on Porn Web Site Not Evidence of Bias
·  Terms, Intent of User License Agreement Leaving 'User' Undefined Must Be Litigated
·  2006 Web Ad Revenue Reaches $17 Billion, as Marketers Face Tracking, Spyware Issues
·  Senate Antitrust Subcommittee Chairman Urges DOJ, FCC to Block XM/Sirius Merger
 
Search ILR's Internet Commerce database

TELECOMMUNICATIONS 
 
Open Internet Coalition Seeks More Than Just Network Neutrality 
 
A new coalition of grassroots activists, public interest organizations, and businesses sent a letter to Congress May 24 seeking a broader public policy agenda for the Internet that goes well beyond network neutrality, its organizers said.  While net neutrality remains a key part of its agenda, the coalition is seeking a national broadband strategy that includes among other features affordable access and competition among network operators.  In a conference call to describe the coalition's efforts, Markham Erickson, executive director of the coalition, said its purpose is to keep the Internet fast, open, and accessible.  With consumers in mind, "our goal is to make sure the Internet is protected and expanded for all Americans," he said.  Read more ...
 
Other Telecommunications news: 
 
·  Inouye Introduces Companion Bill to Improve Broadband Data Collection
·  State Appeals Court Finds Trial Court Erred in Finding Federal Law Preempts State Law
 
Search ILR's Telecommunications database

PRIVACY & SECURITY 
 
EU Privacy Chiefs to Query Google on Data Collection, Storage Policies 
 
Concerned about the length of time that Internet search engine company Google is storing personal data of European Union citizens, EU data protection authorities have called on the California-based company to explain its data collection and storage policies at a meeting to be held June 19-20, a European Commission official told journalists May 25.  The EU executive body said the Art. 29 Working Party, an advisory body made up of EU data protection commissioners, sent a letter to Google in the past week and also asked the company how it was complying with EU data protection rules as outlined in EEC/95/46.  Read more ...
 
Other Privacy & Security news: 
 
·  Senate Judiciary Leaders Renew Demands for NSA Surveillance Details
·  House Intelligence Committee to Examine Role of Phone Companies in NSA Program
·  FBI Law Enforcement Data Network at Risk from Insider Data Security Threat, GAO Says
·  First of Its Kind Law in Minnesota Will Make Merchants Liable for Breach Costs
 
Search ILR's Privacy & Security database 

TAXATION
 
Sens. Enzi, Carper, Introduce Separate Bills to Preserve State, Local Internet Tax Power 
 
Essential state and local government services depend on preserving state and local power to tax electronic commerce and certain services bundled into Internet service providers contracts with consumers, Senators Tom Carper (D-Del.) and Mike Enzi (R-Wyo.) said May 23 after introducing separate bills to achieve those goals.  The Carper bill, the Internet Tax Freedom Extension Act (S. 1453), would extend the current partial ban on Internet taxes four years.  Introduced May 23 by the former Delaware governor and Sen. Lamar Alexander (R-Tenn.), a former Tennessee governor, the measure would tighten the definitions for which Internet services are exempt from state and local taxes and which are not.  Read more ...

Other Taxation news: 
 
·  Ban on Taxation of Internet Access Leads to Calls for Extension, Extinction
·  Rep. Davis Asks Treasury Secretary for Briefing on Plan for Data Collection on Online Sellers
 
Search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Crime Committed Online Supports Extraterritorial Jurisdiction Where Felt 
 
Extraterritorial jurisdiction allows the court to reach an out-of-state doctor who prescribed medications to a state resident over the Internet in violation of state criminal law, the California Court of Appeals for the First District held May 21.  The court said that a Colorado doctor acting exclusively in cyberspace could be charged with practicing medicine in California without a valid license when he knew that prescriptions he was entering online were going to a California patient. Although the doctor was never physically in California and did not himself fill or ship the prescription, he committed a crime that was "consummated," for purposes of California statute, in California.  Hageseth v. Superior Court of San Mateo County, 2007 ILRWeb (P&F) 1845.  Read more ...
 
Search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
EC Outlines New Measures to Aid in Improving EU-Wide Law Enforcement 
 
With the recent hacker attacks that paralyzed the Estonian government and company computer networks as well as a wide range of other worsening problems including pedophilia and identification theft, the European Commission outlined May 22 a range of anti-cyber crime measures that include stepped up cross-border law enforcement and new legislation.  Information, Freedom and Security Commissioner Franco Frattini said the recent problems in Estonia were due to so-called "botnets" that rely on malicious software that cripples computer systems by bombarding them with spam. Read more ...
 
Search ILR's Criminal Liability database 

Latest Cases 
 
·  Apple Computer, Inc. v. Podfitness, Inc., 2007 ILRWeb (P&F) 1857 [ND Cal] (Disputed registrability no bar to court's consideration of trademark infringement)
·  Bayer Aktiengesellschaft, In re, 2007 ILRWeb (P&F) 1853 [Fed Cir] (In assessing descriptiveness of mark, online sources carry some weight)
·  Chicago, City of v. Comcast Cable Holdings, L.L.C., 2007 ILRWeb (P&F) 1837 [Ill App Ct] (State appeals court finds trial court erred in finding federal law preempts state law)
·  Cowles Publishing Co. v. Kootenai County Board of County Commissioners, 2007 ILRWeb (P&F) 1841 [Ida Sup Ct] (E-mails between county employees are public records subject to disclosure)
·  Darden v. Peters, 2007 ILRWeb (P&F) 1847 [4th Cir] (Web map collection not copyrightable either as stand-alone work or compilation)
·  Hageseth v. Superior Court of San Mateo County, 2007 ILRWeb (P&F) 1845 [Cal Ct App] (Out-of-state physician who issued online prescription to California resident is subject to criminal jurisdiction in California)
·  Kahle v. Gonzales (Amended Opinion), 2007 ILRWeb (P&F) 1813 [9th Cir] (Revised opinion upholding as constitutional the statutory amendments made under the Copyright Renewal Act of 1992 and the Sonny Bono Copyright Term Extension Act of 1998)
·  PowerOasis, Inc. v. Wayport, Inc., 2007 ILRWeb (P&F) 1843 [D Mass] (Summary judgment of non-infringement to provider of wireless and wired Internet access services)
·  Schultz v. Ludeman, 2007 ILRWeb (P&F) 1839 [Minn Ct App] (Inmates at sex offender treatment center denied access to personal computers)
·  St. Croix v. University of Colorado Health Sciences Center, 2007 ILRWeb (P&F) 1849 [Colo App Ct] (Talk of surgical resident's photos on porn web site not evidence of bias)
·  Third Party Verification, Inc. v. SignatureLink, Inc., 2007 ILRWeb (P&F) 1835 [MD Fla] (Failure to produce "deposit copy" of source code on file with Copyright Office precludes party from relying on trade secrets privilege)
·  Tingley Systems, Inc. v. HealthLink, Inc., 2007 ILRWeb (P&F) 1851 [MD Fla] (Terms, intent of user license agreement leaving 'user' undefined must be litigated)
·  Trell v. American Association of the Advancement of Science, 2007 ILRWeb (P&F) 1855 [WD NY] (Online context does not change court's treatment of ads as invitations for offers)
 
Search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Dynetech Corp. v. Leonard Fitness, Inc. (Defendants' Motion to Dismiss), 2007 ILRWeb (P&F) 1822 [MD Fla] (Public Citizen moves to dismiss a lawsuit by two affiliated infomercial companies that are attempting to shut down negative reviews of their day trading software on two web sites)
·  Explorologist Ltd. v. Sapient (Complaint), 2007 ILRWeb (P&F) 1824 [ED Pa] (Psychic files copyright infringement action against skeptic who posted video on YouTube)
·  Smith v. Hotels.com L.P. (Class Action Complaint), 2007 ILRWeb (P&F) 1826 [Cal Super Ct] (Class action alleges that online hotel reservation service discriminates against disabled travelers in need of wheelchair-accessible rooms)
·  Zango, Inc. v. PC Tools Pty, Ltd. (Complaint), 2007 ILRWeb (P&F) 1820 [Wash Super Ct] (Online advertising company alleges that Spyware Doctor deletes its program from users' computers, improperly interfering with business relationships and in violation of state law)
 
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 deploy a commercial services portfolio focused on the small and mid-sized business (SMB) segment. In attacking this multibillion dollar opportunity, 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 operators, analyzes their existing and emerging capabilities, and details the critical success factors for the cable industry in targeting the SMB opportunity.  Learn more.

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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