Latest News 
 
INTELLECTUAL PROPERTY
 
Newswire That Distributed Copyrighted Photo Declared Liable for Single Act of Infringement 
 
A news service that infringed the copyright in a photograph and then distributed the photograph to numerous subscribers has committed only a single act of copyright infringement and a single violation of the Digital Millennium Copyright Act, the U.S. District Court for the Western District of Pennsylvania held June 4.  Four days after entering this judgment, the court certified the case for immediate appeal.  The dispute involved a copyrighted photograph that the plaintiff took of a United Airlines plane crash on Sept. 11, 2001.  McClatchey v. Associated Press, 2007 ILRWeb (P&F) 2019.  Read more ... 

Other Intellectual Property news: 

·  Supreme Court's Tasini Decision Alters Result in National Geographic CD-ROM Case
·  Content Providers, Copyright Owners, Users Trying to Find Balance in DMCA
·  Unpaid Fees Due as Actual Damages, Even When Unauthorized Copies Not Used
·  Copyright Office §115 Licensing Roundtable Focuses on Statutory Terminology, Notice
·  Copyright Office Launches Web Site for Children
 
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INTERNET COMMERCE 
 
CAN-SPAM Injunctive Relief Requires Only Intent to Send, Not Knowledge of Violation 
 
In order to be liable for injunctive relief under the CAN-SPAM Act, a party need only intend that commercial e-mails be sent on its behalf, it need not have knowledge that those commercial e-mails actually violated the act, the U.S. District Court for the Western District of Washington held June 8.  The court read the 2003 Controlling the Assault of Non-Solicited Pornography and Marketing Act, 15 USC §§ 7701 et seq., to impose liability for injunctive relief on anyone who intended the distribution of commercial e-mails.  Knowledge of violations, the court said, is only required for criminal penalties.  United States v. Impulse Media Group, Inc., 2007 ILRWeb (P&F) 2023.  Read more ...
 
Other Internet Commerce news: 
 
·  Net Gambling Providers Challenge U.S. Law, Alleging First Amendment, Privacy Violations
·  N.Y. Governor Signs Legislation Extending Consumer Protections to Internet Commerce
·  Singapore's New Spam Law Takes Effect; Marketing Group Issues Compliance Guides
·  Speakers Examine Metadata Phenomenon and Explore Whether Lawyers Should Fear It
 
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FREEDOM OF SPEECH
 
Work Harassment Claim Not Dismissed on Communications Decency Act Grounds 
 
A claim that pornography on company computers creates a hostile workplace will not be dismissed on the basis of Communications Decency Act immunity, the U.S. District Court for the Eastern District of Tennessee held May 29.  The court said that the CDA has never been interpreted to bar a claim against an employer for employees' offensive downloading on company computers in a workplace harassment context.  It declined to be the first court to so hold.  Avery v. IdleAire Technologies Corp., 2007 ILRWeb (P&F) 1891.  Read more ...
 
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TELECOMMUNICATIONS 
 
Committee Appears Wary of Plans to Limit Upcoming 700 MHz Auction 
 
Senators at a June 14 hearing to examine the Federal Communications Commission's upcoming 700 MHz spectrum auction appeared cautious about any proposal that could jeopardize funds coming into the U.S. Treasury.  One possible exception was Sen. Daniel Inouye (D-Hawaii), chairman of the Commerce, Science, and Transportation Committee, who said the auction offers a unique opportunity to deploy a next generation broadband network for public safety.  "There is no question that the auction of 700 MHz frequencies will yield the Treasury substantial sums of money, but we should not let that fact seduce us into forgetting the importance of designing service rules that also meet other critical policy goals," Inouye said in his opening statement.  Read more ...
 
Other Telecommunications news: 
 
·  USF Subsidies Have Little Effect on Wireless Coverage, Studies Find
 
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PRIVACY & SECURITY 
 
Sixth Circuit Rules Privacy Expectation Extends to E-Mail Contents Stored with ISP 
 
E-mail users have a reasonable expectation of privacy in e-mails that are stored with or sent through a commercial Internet service provider, and the government does not have the right to access and review stored e-mail messages without a warrant or notice to the account holder, the U.S. Court of Appeals for the Sixth Circuit held in a landmark June 18 ruling.  The court rejected arguments made by the federal government and upheld a district court's preliminary injunction against warrantless searches and seizures of e-mail stored with an ISP.  Warshak v. United States, 2007 ILRWeb (P&F) 2025.  Read more ...
 
Other Privacy & Security news: 
 
·  Google Will Limit Retention to 18 Months in Response to EU Officials' Data Concerns
·  EC Rejects Data Transfer Complaint About Abbott Labs, Cites Safe Harbor
·  Federal Agencies Data Security Bill Requiring Breach Notice Filed in Senate
·  House Small Business Panel Cautioned on Financial Impact of Data Security Bills
·  Entities Participating in E-Records Networks Must Have Tough Privacy Plans, Says Panel
·  Study Says Online Shoppers Would Pay More for Privacy
·  Sen. Pryor Introduces Legislation to Regulate Data-Collection Software
·  FTC Issues Alert for Consumers on Spyware Posing as FTC E-Mail
 
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TAXATION
 
Tax Department Opinion Addresses Download of Audio Files, Use of Codes 
 
The sale of digital music files for download and the sale of codes to convey the right to download audio files are not subject to sales tax, the New York Department of Taxation and Finance advised.  The use of codes to download digital music is the same as purchasing digital music directly, and is the sale of an intangible not subject to sales or use tax, the department said.  New York Office of Tax Policy Analysis Advisory Opinion TSB-A-07(14)S, 2007 ILRWeb (P&F) 1905.  Read more ...
 
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CRIMINAL LIABILITY 
 
Phisher Who Targeted AOL Customers Sentenced to 70 Months 
 
A Southern California phisher who was the first person ever convicted by a jury under the federal CAN-SPAM Act of 2003 was sentenced June 11 to 70 months in federal prison for his role in an identity theft scheme that targeted America Online customers, the United States Attorney in Los Angeles announced.  In addition to the almost six-year prison term, U.S. District Judge Christina A. Snyder ordered Jeffrey B. Goodin to pay more than $1 million to the victims of his phishing scheme, including almost $1 million to Earthlink.  Read more ...
 
Other Criminal Liability news: 
 
·  Association of Southeast Asian Nations Adopts Cybercrime Cooperation Framework
·  Dingell, Markey Seek Study on Tech-Related Hate Crimes
 
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Latest Cases 
 
·  American Psychological Association v. Dar, 2007 ILRWeb (P&F) 1699 [NAF] (Graduate student's use of "psychsearch" as the domain for a Master's project providing free Internet searches for psychology-related articles is legitimate)
·  Avery v. Idleaire Technologies Corp., 2007 ILRWeb (P&F) 1891 [ED Tenn] (Work harassment claim not dismissed on Communications Decency Act grounds)
·  Ehrenfeld v. Mahfouz, 2007 ILRWeb (P&F) 2015 [2d Cir] (Question certified to the New York Court of Appeals on whether New York's long-arm statute confers personal jurisdiction over a person who sued a New York resident in a non-U.S. jurisdiction)
·  Energy Automation Systems, Inc. v. Xcentric Ventures, LLC, 2007 ILRWeb (P&F) 1901 [MD Tenn] (Web site not grounds for exercise of general jurisdiction, but its interactive nature does constitute purposeful availment for the exercise of specific jurisdiction; discovery permitted for purposes of CDA defense)
·  Greenberg v. National Geographic Society, 2007 ILRWeb (P&F) 2013 [11th Cir] (Supreme Court's Tasini decision alters result in National Geographic CD-ROM case)
·  McClatchey v. Associated Press, 2007 ILRWeb (P&F) 2019 [WD Pa] (Plaintiff can recover no more than two statutory awards under the DMCA, even though Associated Press distributed false copyright management information ("CMI") to 147 PhotoStream subscribers)
·  McClatchey v. Associated Press (Order Granting Appeal), 2007 ILRWeb (P&F) 2021 [WD Pa] (Reconsideration of how statutory damages should be calculated under the DMCA denied)
· New York Office of Tax Policy Analysis Advisory Opinion TSB-A-07(14)S, 2007 ILRWeb (P&F) 1905 [NY Dep't Tax Fin] (Tax department opinion addresses download of audio files, use of codes)
·  Thoroughbred Software International, Inc. v. Dice Corp., 2007 ILRWeb (P&F) 2027 [6th Cir] (Software manufacturer entitled to recover actual damages for unused infringing copies of software)
·  Thyroff v. Nationwide Mutual Insurance Co., 2007 ILRWeb (P&F) 2017 [2d Cir] (Following response by New York Court of Appeals on certified question of whether a claim of conversion is cognizable for electronic data, district court's dismissal of conversion claim is vacated and remanded)
·  United States v. Impulse Media Group, Inc., 2007 ILRWeb (P&F) 2023 [WD Wash] (CAN-SPAM injunctive relief requires only intent to send, not knowledge of violation)
·  Varitalk, LLC v. Lahoti, 2007 ILRWeb (P&F) 1903 [ND Ill] (Internet portal web site, falling in the middle ground of the sliding scale, was interactive and commercial, justifying exercise of jurisdiction)
·  Warner Bros. Records, Inc. v. Does 1-20, 2007 ILRWeb (P&F) 2029 [D Colo] (Record companies establish good cause for requiring ISP to disclose identities of P2P users)
·  Warshak v. United States, 2007 ILRWeb (P&F) 2025 [6th Cir] (Injunction prohibiting warrantless seizure of e-mails upheld)
 
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Latest Pleadings, Motions, & Briefs 
 
·  Doe I v. Ciolli (Complaint), 2007 ILRWeb (P&F) 2006 [D Conn] (Yale Law School students sue anonymous posters on Internet discussion board for allegedly defamatory messages)
·  Interactive Media Entertainment and Gaming Association, Inc. v. Gonzales (Verified Complaint with Request for Temporary Restraints), 2007 ILRWeb (P&F) 2002 [D NJ] (Net gambling providers challenge U.S. law, alleging First Amendment, privacy violations)
 
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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

Anti-Counterfeiting & Brand Protection: Combating the Escalating Danger of Global Counterfeiting
September 17 - 19, 2007 – The Westin New York at Times Square, New York, NY
IQPC's second event on Anti-Counterfeiting and Brand Protection will address the huge challenges associated with combating and preventing the manufacturing and distributing of counterfeit goods. Find out how to generate more profit and protect your company's brand. Our speakers and panelists will share strategies for securing and enforcing Intellectual Property rights strategically overseas, particularly in China as well as others (Malaysia, Hong Kong, Taiwan, Russia, Pakistan, North and South Korea, Argentina, Brazil, Paraguay, among others). This conference will provide you with all the tools necessary to strengthen your organization's brand protection strategy in order to ensure continuous growth and, most importantly, success in an ever competitive global marketplace. Register now by calling 1-800-882-8684 or visiting us at: http://www.iqpc.com/us/anticounterfeit/ilr

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