Publication Holiday

The ILR Weekly Alert will not publish Wednesday, July 4th.  The next issue will be dated Wednesday, July 11.  The ILR staff wishes its readers a happy and safe Independence Day!

Latest News 
 
INTELLECTUAL PROPERTY
 
Court Denies Summary Judgment on Issue of YouTube's Right, Ability to Control Content 
 
The extent to which YouTube has the right and ability to control allegedly infringing content posted on its video-sharing web site is a question of fact that cannot be disposed of at the summary judgment stage, the U.S. District Court for the Central District of California ruled June 20.  Denying YouTube's motion for summary judgment on the question of whether it is eligible for a safe harbor under the Digital Millennium Copyright Act, the court noted that YouTube did engage in a "significant" level of "maintenance and management" regarding the content posted on its web site.  Tur v. YouTube, Inc. (Order Denying Defendant's Motion for Partial Summary Judgment), 2007 ILRWeb (P&F) 2043.  Read more ...

Other Intellectual Property news:
 
·  Court Declines to Force University to Identify Suspected File-Sharers
·  U.S. Webcasters Plan National Day of Silence to Protest Rate Hike
·  Broadcasting Groups Lament Failure of Treaty Talks, Warn of Bypassing WIPO
·  ITC Refuses to Stay Injunction Against Qualcomm Mobile Phone Imports
·  Extraction of Yacht Listings from Web Site Infringed Original Owner's Copyrights
 
Search ILR's Intellectual Property database

INTERNET COMMERCE 
 
DOJ Reaches Accord with Microsoft Over Google's Complaint About Vista 
 
Microsoft Corp. has agreed to make changes in the search function in the Windows Vista software to settle allegations by Google that Microsoft was in violation of a 2001 antitrust settlement.  The Justice Department June 19 advised the U.S. District Court for the District of Columbia that the federal government, 17 state attorneys general, and the District of Columbia have reached an agreement.  Google raised the issue relating to the desktop search capabilities in Windows Vista, reported in the Joint Status Report on Microsoft's Compliance with the Final Judgments which was filed on June 19.  Read more ...
 
Other Internet Commerce news: 
 
·  Virtual Worlds Leading to Lawsuits, Potentially Regulation, Executives Told
·  FTC Warns of New Phishing Scam Targeting Military Family Members
·  Canada, Costa Rica, Macao Request Talks with U.S. in Gambling Dispute
·  Australia Requests Consultations with U.S. in WTO Gambling Dispute
·  Google Earth to Provide Amazon Tribe with Satellite Imagery to Aid Land Protection
 
Search ILR's Internet Commerce database

TELECOMMUNICATIONS 
 
Local Officials Ask Court to Stay FCC's New Video Franchise Rules 
 
Local government organizations June 20 asked a federal appeals court to stay the implementation of the video franchising order adopted last year by the Federal Communications Commission that could go into effect soon.  State and local government organizations objected to the rules when they were adopted on a 3-2 party line vote in December 2006.  The order [FCC 06-180] establishes a 90-day time frame for local franchise authorities to approve video franchise applications by providers with existing access to rights of way, and a six-month time frame for new entrants.  Alliance for Community Media v. Federal Communications Commission (Joint Motion for Stay Pending Judicial Review), 2007 ILRWeb (P&F) 2008.  Read more ...

 
Other Telecommunications news: 
 
·  Japan Proposes Merging Telecom Laws with Focus on Regulating Blogs, Web Sites
 
Search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Under Decree, Online Marketers to Pay Refunds, Fines in Privacy Promise Case 
 
Eight online marketers who promised to protect the privacy of consumers' personal information but were accused of selling the data instead agreed to pay civil damages to end a state Consumer Protection Act enforcement action, under a consent decree approved June 21 by a Washington state court.  The marketers obtained the consumer information by offering "free" product rewards over the Internet to those who submitted their personal data.  State of Washington v. Privasafe, LLC (Consent Decree), 2007 ILRWeb (P&F) 2047.  Read more ...

 
Other Privacy & Security news: 
 
·  Senate Judiciary Authorizes Subpoenas for NSA Documents
·  At Meeting, EU Data Privacy Officials Pledge to Probe Data Retained by All Search Engines
·  FBI Says Over 1 Million Computer IP Addresses Controlled by Botnets
·  FTC, OECD Urge Greater Cross-Border Cooperation to Protect Personal Information
·  In Spain, New Law Would Require Retention of Phone, ISP Customer Data
 
Search ILR's Privacy & Security database 

TAXATION
 
N.Y. Tax Department Guidance Memo Clarifies Taxation of VoIP Services 
 
Telecommunications services provided through Voice over Internet Protocol (VoIP) are subject to the same state sales taxes and telecommunications excise taxes as services provided over conventional phone lines, the state Department of Taxation said in a June 20 guidance memo.  The department, citing language in the state Tax Law, said VoIP services constitute "telephony and telegraphy and telephone and telegraph" services for purposes of the sales tax and excise tax.  "The use of the Internet or Internet routing protocols for transmission of all or part of the call does not change this result," the memo said.  New York Office of Tax Policy Analysis Technical Services Memorandum NYT-G-07(3)S, 2007 ILRWeb (P&F) 2049.  Read more ...

Other Taxation news: 
 
·  Washington DOR Launches Tax Studies Mandated in 2007 Legislation
·  Wireless Voice Devices, Backpacks, SSTP Among Issues Addressed in Texas Sales Tax Law
·  Streamlined Sales Tax Panel Approves Ohio Proposal on 'Sourcing' Exceptions
·  South Korea Imposes Reporting Requirements, VAT on Online Shopping Transactions
 
Search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Seller's Single eBay Sale Into Buyer's Forum Not 'Transacting Business' There 
 
A single eBay sale to a Massachusetts buyer does not constitute "transacting business" in the state for purposes of Massachusetts's long arm statute, the U.S. District Court for the District of Massachusetts held June 7.  The court, relying on an extensive collection of analogous cases, said that an isolated sale through the eBay Internet auction site will not support jurisdiction over an out-of-state seller. The court also concluded that the sale did not satisfy jurisdictional requirements under the civil Racketeer Influenced and Corrupt Organizations Act, which the court read to require an intentional connection with the forum.  Ginsburg v. Dinicola, 2007 ILRWeb (P&F) 2057.  Read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Permitting Anti-Virus Program to Wipe Files from Hard Drive Constitutes Spoliation
 
Search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Full Ninth Circuit Won't Review Panel Ruling That Company Consented to FBI Porn Search 
 
The U.S. Court of Appeals for the Ninth Circuit June 21 refused to conduct an en banc review of the conviction of a Montana executive who had child pornography on his office computer, but 11 judges dissented, stating that a three-judge panel of the court mistakenly concluded that Frontline Processing consented to an FBI search of the operations director's computer hard drive.  En banc review of the conviction of Jeffrey Ziegler was denied because it was not supported by a majority of the active judges on the court.  But Judge William A. Fletcher said that the court should have granted review in order to correct the panel's "erroneous view of the protection provided by the Fourth Amendment."  United States v. Ziegler, 2007 ILRWeb (P&F) 2035.  Read more ...
 
Other Criminal Liability news: 
 
·  Court Orders Detention of 'Spam King' Pending Trial on Electronic Mail Charges
·  Second Defendant Enters Guilty Plea in Case Charging Massive Spam Scheme
 
Search ILR's Criminal Liability database 

Latest Cases 
 
·  Best Van Lines, Inc. v. Walker, 2007 ILRWeb (P&F) 2053 [2d Cir] (Online defamation case dismissed for lack of personal jurisdiction)
·  BUC International Corp. v. International Yacht Council Ltd., 2007 ILRWeb (P&F) 2055 [11th Cir] (Extraction of yacht listings from web site infringed original owner's copyrights)
·  Capitol Records, Inc. v. Does 1-16, 2007 ILRWeb (P&F) 1907 [D NM] (Order denying record companies' ex parte application to take discovery requiring university to disclose identities of alleged infringers)
·  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 Opinion on Remedy, the Public Interest, and Bonding), 2007 ILRWeb (P&F) 2045 [ITC] (ITC refuses to stay injunction against Qualcomm mobile phone imports)
·  Credit Counseling Foundation, Inc. v. Hylkema, 2007 ILRWeb (P&F) 2033 [Fla Dist Ct App] (Washington state court had jurisdiction over Florida spammer, so Washington judgment will be given full faith and credit by Florida court)
·  Ginsburg v. Dinicola, 2007 ILRWeb (P&F) 2057 [D Mass] (Seller's single eBay sale into buyer's forum not 'transacting business' there)
·  Humphrey v. Viacom, Inc., 2007 ILRWeb (P&F) 2051 [D NJ] (Operators of online fantasy sports leagues win dismissal of complaint alleging that their services violate anti-gambling laws)
·  Jean v. Massachusetts State Police, 2007 ILRWeb (P&F) 2039 [1st Cir] (First Amendment protects Internet posting of video documenting arrest and warrantless search of private residence)
·  New York Office of Tax Policy Analysis Technical Services Memorandum NYT-G-07(3)S, 2007 ILRWeb (P&F) 2049 [NY Dep't Tax Fin] (N.Y. tax department guidance memo clarifies taxation of VoIP services)
·  Russo v. State of Texas, 2007 ILRWeb (P&F) 2037 [Tex Ct App] (Police did not exceed scope of search warrant by viewing Internet history on defendant's computer and making an independent investigation on another computer to discover the nature of a web site visited)
·  Tur v. YouTube, Inc. (Order Denying Defendant's Motion for Partial Summary Judgment), 2007 ILRWeb (P&F) 2043 [CD Cal] (Court denies summary judgment on issue of YouTube's right, ability to control content)
·  Tur v. YouTube, Inc. (Order Denying Plaintiff's Motion for Summary Adjudication), 2007 ILRWeb (P&F) 2041 [CD Cal] (Where plaintiff fails to establish facts showing that YouTube had right and ability to control allegedly infringing activity, court denies plaintiff's motion for summary adjudication that YouTube does not qualify for DMCA safe harbor protection)
·  UFC Que-Choisir et Stéphane P. v. Universal Pictures Vidéo France, 2007 ILRWeb (P&F) 1701 [Cour d'Appel de Paris (France)] (French appeals court, on remand, upholds technological protection measures in Mulholland Drive case)
·  United States v. Krause, 2007 ILRWeb (P&F) 2031 [Bankr D Kan] (Permitting anti-virus program to wipe files from hard drive constitutes spoliation)
·  United States v. Ziegler (Denial of Sua Sponte Call for Rehearing En Banc), 2007 ILRWeb (P&F) 2035 [9th Cir] (Full Ninth Circuit won't review panel ruling that company consented to FBI porn search)
·  Washington, State of v. Privasafe, LLC (Consent Decree), 2007 ILRWeb (P&F) 2047 [Wash Super Ct] (Under decree, online marketers to pay refunds, fines in privacy promise case)
 
Search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Alliance for Community Media v. Federal Communications Commission (Joint Motion for Stay Pending Judicial Review), 2007 ILRWeb (P&F) 2008 [6th Cir] (Local officials ask court to stay FCC's new video franchise rules)
·  Andersen v. Atlantic Recording Corp. (Complaint), 2007 ILRWeb (P&F) 2012 [D Ore] (Mother sues RIAA for negligence, fraud, racketeering, malicious prosecution, trespass to chattels, and other claims arising from a now dismissed copyright infringement action initiated by the RIAA)
·  Hernandez v. Internet Gaming Entertainment Ltd. (Class Action Complaint), 2007 ILRWeb (P&F) 2014 [SD Fla] (Complaint alleges that Hong Kong-based site is reaping millions of dollars by selling virtual property or currency used in another company's game for real cash)
·  Washington, State of v. Consumer Digital Services, LLC (Complaint), 2007 ILRWeb (P&F) 2010 [Wash Super Ct] (State attorney general files complaint against defendants alleging violations of the unfair business practices provisions of the Washington Consumer Protection Act and seeking injunctive relief)
 
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

Net Neutrality: Still on the Front Burner - Summit Audio Recording Now Available
It's not too late to catch the debate that took center stage at Pike & Fischer's Broadband Policy Summit.  Purchase this 75-minute audio recording and listen in as our panel of experts engage in a lively debate of the pros and cons of net neutrality and whether or not legislation is likely to pass in the 110th Congress.   You'll hear the very latest insights and opinions from top organizations in the thick of the net neutrality debate -- including Jim Cicconi of AT&T; Gigi Sohn, President of Public Knowledge; Mike McCurry, Partner, Public Strategies; and Paul E. Misener of Amazon.com.  
Learn More   Order Now

View all Events & Conferences

Internet Law Attorney Directory

Find a lawyer ... Add a listing
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!

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.