Join Your Colleagues Listed in Our Directory of Internet Lawyers!

Many of your colleagues have already added their names to Pike & Fischer's Internet Law Attorney Directory!  Isn't it time to add yours?  ILR subscribers are entitled to one complimentary premium listing per account. Additional listings and listings by non-subscribers can be purchased for $49.99 (or $69.99 for a premium boldfaced listing).  Use this form to submit your complimentary or paid listing today!

Latest News 
 
INTELLECTUAL PROPERTY
 
Evidentiary Proceeding Required to Judge Whether 'utube.com' Was Used in Commerce 
 
Whether "utube.com" was used as a trademark or only as contact information by a company suing the popular Internet video service offered by YouTube, Inc. could not be disposed of by a motion to dismiss, the U.S. District Court for the Northern District of Ohio ruled June 4.  Denying in part YouTube's motion to dismiss, the court also ruled that a state law dilution claim was not deficient merely because the plaintiff had failed to use the word "famous" with regard to its asserted mark.  The court said that fame and strength were sufficiently related such that a claim that the mark was strong was sufficient to put YouTube on notice of the claims against it.  Universal Tube & Rollform Equipment Corp. v. YouTube, Inc., 2007 ILRWeb (P&F) 2005.  Read more ...

Other Intellectual Property news: 
 
·  Qualcomm Barred from Importing Future Third-Generation Phone Models
·  Campus File-Sharing Continues to Vex Lawmakers, School Administrators
·  ICANN Task Force Mulls New Ways to Assert IP Rights in New Top-Level Domains
·  Fair Use Must Be Assessed Before Foreign Copyright Judgment Is Dismissed
 
Search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Labeling Potential Malware Not Likely in Violation of Consumer Rights, Libel Laws 
 
Labeling and alerting consumers to potential spyware does not likely violate Washington's Consumer Protection Act, and is not likely trade libel, the U.S. District Court for the Western District of Washington held June 5.  The court said that a spyware blocking program had not clearly violated the rights of an advertiser it included in its database of potentially harmful programs.  The users who purchased the program wanted to be alerted, the court said, so consumer protection was not a viable issue.  The court said that absent some allegations of deception or falsity, a trade libel claim was not likely to succeed, either.  Zango, Inc. v. PC Tools Pty Ltd., 2007 ILRWeb (P&F) 2011.  Read more ...
 
Other Internet Commerce news: 
 
·  Absent Explicit Direction, Employees' CFAA Violations Do Not Implicate Employer Liability
·  Alleged Web Site Representations Satisfy Magnuson-Moss Warranty Act's Writing Requirement
·  Top Internet Firms Join Program Requiring Pay for E-Mail Delivery
·  Common Law Conversion Tort Does Not Cover Alteration of Electronic Payroll Records
·  Cuomo Announces Agreement with Jeweler on Charges of Shill Bidding in eBay Auctions
 
Search ILR's Internet Commerce database

TELECOMMUNICATIONS 
 
FCC, Congress Agree on Goal, but Not Steps to Increase Broadband 
 
Congress and the Federal Communications Commission are keeping up the pressure and doing all that they can—even if it means a lot of small steps—to further broadband deployment in the United States, key policymakers said at Pike & Fischer's Broadband Policy Conference June 7.  While the goal of universal, affordable broadband service appears clear, there are still differences about how to get there.  One Democratic lawmaker suggested specific legislation and an expansion of the universal service fund to support broadband deployment, while a Republican regulator argued against government micro-management.  Read more ...
 
Other Telecommunications news: 
 
·  Net Neutrality Terrain Shifting, but Chances of Getting Legislation Still Have Not Improved
·  NTIA Head Expresses Optimism About Broadband Deployment Pace
 
Search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Data in Web Server RAM Discoverable as 'Electronically Stored Information' 
 
Electronic data in a web server's random access memory (RAM) is "electronically stored information" subject to discovery under Rule 34 of the Federal Rules of Civil Procedure, a magistrate judge with the U.S. District Court for the Central District of California held May 29.  With this view of the law in mind, the court ordered a BitTorrent site sued for copyright infringement to turn on the site's logging function and begin capturing and retaining user requests for dot-torrent files.  Columbia Pictures Industries v. Bunnell, 2007 ILRWeb (P&F) 1899.  Read more ...
 
Other Privacy & Security news: 
 
·  Citing Theofel, MySpace Asks Court to Reconsider Order for User E-Mail Contents
·  House Approves Bill to Regulate Spyware, Despite Industry Objections
·  Security Breach Standards, Costs Top List of Financial Industry Security Concerns
·  Employers Must Increase Awareness of Technology's Growing Role in Workplace
·  European Parliament Clears Controversial Data Protection Bills
·  FTC Exam of Google-DoubleClick Deal Should Order Use of 'Opt-In' Data Policy, Groups Say
·  IRS Official Stresses Need for Security at All Levels of E-File Software Development
·  Top French Administrative Court Overturns Data Protection Authority, Allows P2P Spying
 
Search ILR's Privacy & Security database 

TAXATION
 
Global Consortium Continues to Work Toward International E-Tax Standards 
 
A senior policymaker for the Netherlands Ministry of Finance June 12 outlined efforts of a global consortium working toward development, convergence, and adoption of e-business standards, including those used for business and personal tax reporting and compliance.  The initiative, known as OASIS, focuses on interoperability in a wide range of business issues, according to Harm Jan van Burg, who also serves as senior policymaker for the Directorate General of the tax and customs administration in The Hague.  Read more ...

Other Taxation news: 
 
·  SSUTA Panel Adopts Motion Designating Official Spokesman on Federal Legislation
·  NTIA Head Urges Internet Tax Moratorium Extension
 
Search ILR's Taxation database

CRIMINAL LIABILITY 
 
Council of Europe Seeks Wider Backing, More Involvement in Cybercrime Convention 
 
An international conference held June 11-12 to revive faltering interest in the European Convention on Cybercrime called on governments to follow the example of the United States in ratifying the 2001 treaty.  The conference, hosted by the Council of Europe, focused on curbing cybercrime across Europe through more uniform enforcement of the European Convention on Cybercrime.  The convention requires states to criminalize acts including hacking, creation and dissemination of viruses, cyber-fraud, and posting of child pornography on the Internet.  Parties must also cooperate in investigating use of the Internet for crimes such as money laundering and human trafficking.  Read more ...

·  Exceeding Authorized Computer Access, Even for a Crime, Doesn't Breach Florida Law
·  New York Man Enters Guilty Plea in Charges of Violating CAN-SPAM
 
Search ILR's Criminal Liability database 

Latest Cases 
 
·  Calence, LLC v. Dimension Data Holdings, 2007 ILRWeb (P&F) 1887 [WD Wash] (Absent explicit direction, employees' CFAA violations do not implicate employer liability)
·  Certain Baseband Processor Chips and Chipsets, Transmitter and Receiver (Radio) Chips, Power Control Chips, and Products Containing Same, Including Cellular Telephone Handsets, In re (Commission Determination), 2007 ILRWeb (P&F) 2007 [ITC] (Qualcomm barred from importing future third-generation phone models)
·  Columbia Pictures Industries v. Bunnell, 2007 ILRWeb (P&F) 1899 [CD Cal] (Operators of TorrentSpy required to produce and preserve certain electronic data)
·  Marcus & Joy LLC v. BABYLIFE, 2007 ILRWeb (P&F) 1897 [NAF] (Notwithstanding respondent's 10-year history of bona fide use of domain name, complainant not guilty of reverse domain name hijacking where his complaint was based upon a faulty understanding of the legitimacy of his own rights)
·  McDonald's French Fries Litigation, In re, 2007 ILRWeb (P&F) 1889 [ND Ill] (Alleged web site representations satisfy Magnuson-Moss Warranty Act's writing requirement)
·  Microsoft Corp. v. McGee, 2007 ILRWeb (P&F) 1885 [SD Ohio] (Microsoft secures default judgment and damage award in excess of $700,000 for violations of Copyright Act and Lanham Act)
·  Rodriguez v. State of Florida, 2007 ILRWeb (P&F) 1895 [Fla Dist Ct App] (Exceeding authorized computer access, even for a crime, doesn't breach Florida law)
·  Sarl Louis Feraud International v. Viewfinder, Inc., 2007 ILRWeb (P&F) 2009 [2d Cir] (Fair use must be assessed before foreign copyright judgment is dismissed)
·  United States v. Finley, 2007 ILRWeb (P&F) 1117 [5th Cir] (Although defendant had a reasonable expectation of privacy in the call records and text messages on his cell phone, warrantless search of same was lawful, as search was conducted pursuant to a valid custodial arrest)
·  United States v. Voelker, 2007 ILRWeb (P&F) 2003 [3d Cir] (Lifetime prohibition on use of computer equipment and the Internet as condition of supervised release vacated)
·  Universal Tube & Rollform Equipment Corp. v. YouTube, Inc., 2007 ILRWeb (P&F) 2005 [ND Ohio] (Evidentiary proceeding required to judge whether 'utube.com' was used in commerce)
·  Wal-Mart Wage and Hour Employment Practices Litigation, In re, 2007 ILRWeb (P&F) 1893 [D Nev] (Common law conversion tort does not cover alteration of electronic payroll records)
·  Zango, Inc. v. PC Tools Pty Ltd., 2007 ILRWeb (P&F) 2011 [WD Wash] (Labeling potential malware not likely in violation of consumer rights, libel laws)
 
Search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Application of the Commonwealth for an Order for Disclosure of Records of a Remote Computing Service, MySpace.com, (Request of MySpace.com for an In Camera Submission in Response to Order), 2007 ILRWeb (P&F) 2000 [Pa Ct Com Pl] (MySpace asks court to reconsider order for user e-mail contents)
·  Cartoon Network LP, LLLP v. CSC Holdings, Inc. (Brief of Amici Curiae Center for Democracy & Technology, et al.), 2007 ILRWeb (P&F) 2004 [2d Cir] (Amici file brief urging reversal of finding that Cablevision's "networked digital video recorder" violates copyright)
·  Interactive Media Entertainment and Gaming Association, Inc. v. Gonzales (Verified Complaint with Request for Temporary Restraints), 2007 ILRWeb (P&F) 2002 [D NJ] (Trade group representing electronic gaming businesses seeks to enjoin enforcement of the Unlawful Internet Gambling Enforcement Act of 2006)
·  United States v. Lombardo (Indictment), 2007 ILRWeb (P&F) 1834 [D Utah] (Criminal indictment stemming from illegal Internet gambling)
·  Xiaoning v. Yahoo! Inc. (Amended Complaint for Tort Damages), 2007 ILRWeb (P&F) 1836 [ND Cal] (Jailed Chinese reporter joins lawsuit against Yahoo!)
 
Search ILR's Pleadings database 

Latest Research from Pike & Fischer

Broadband Market Outlook: Mid-year 2007
In this report, we offer details on developments in the broadband services market and provide our updated year-end forecasts on customer growth for new multichannel video services, high-speed Internet, IP telephony, and the features and applications that ride on those technologies. Influencing factors that we examine include the growth of telco-delivered television service, the cable industry's pursuit of commercial business, the impact of the Verizon/Vonage litigation over VoIP patents and the growing aray of mobile multimedia and converged services. Included are eight bar and pie charts showing projected subscriber numbers and market share in various service categories.
 

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.

View all Market Research Reports & Briefs

Events & Conferences 
 
Legal Risk Management in the Web 2.0 World - Early Bird Registration Ends August 1
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.  Interested in participating in or sponsoring this legal symposium?  Contact Meg Hargreaves at 301-562-1530 x 229. 
Learn More  Register Now

View all Events & Conferences

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.