Latest News 
 
INTELLECTUAL PROPERTY
 
Credit Card Companies Not Liable When Users Buy Access to Infringing Pics Online 
 
Credit card companies that facilitate Internet transactions cannot be held liable for contributory or vicarious copyright infringement with regard to transactions in which web sites distribute infringing images to Internet users, the U.S. Court of Appeals for the Ninth Circuit ruled July 3.  Affirming the dismissal of secondary copyright and trademark claims by a federal district court, the court emphasized that facilitating a payment is peripheral to the actual infringement, which is the unauthorized distribution of a copyrighted work.  Perfect 10, Inc. v. Visa International Service Association, 2007 ILRWeb (P&F) 2201.  Read more ...

Other Intellectual Property news:
 
·  Trademarks and Web Ads Equal Billion-Dollar Battle Ground
·  No Lanham Act Relief for Non-Commercial Gripe Site, Despite Potential Economic Harm
·  ICANN to Seek Facts Before Setting Policy on Domain Tasting, Dispute Resolution
·  At House Committee Hearing on Internet Radio, Inslee Vows He Won't Let the 'Music Die'
·  Paper Search Collection of Trademarks to Be Replaced with Electronic Files
·  DiMA Rebuffs SoundExchange Offer Setting a 'Per Service' Cap on Minimum Royalty Fees
·  E-Mail Only Service of Process Not Sufficient to Satisfy ACPA In Rem Notice Requirements
·  Broadcom:  Bush Veto of ITC Ruling Would Fuel Qualcomm Monopoly
·  Watchdog Criticizes Software Group's Hike in Rewards for Identifying Pirates
·  Copyright Office Issues Interim Regulations to Prepare for Online Copyright Registration
 
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INTERNET COMMERCE 
 
E-Advertiser Can't Assert Relevant Market in §2 Attack on Google's Search-Based Ads 
 
An Internet advertiser, for the second time, cannot define a relevant market to challenge Google's alleged monopoly in the Internet search advertising market, according to the U.S. District Court for the Northern District of California, which dismisses the claim with prejudice.  Judge Jeremy Fogel finds that the market definition supplied by Carl E. Person is "too narrow to constitute a relevant market for antitrust purposes" and that a proposed submarket "fails to incorporate the non-search-based advertising with which search-based advertising is reasonably interchangeable."  Person v. Google, Inc., 2007 ILRWeb (P&F) 2079.  Read more ...
 
Other Internet Commerce news: 
 
·  Attorney-Ranking Web Site Challenged Under Consumer Protection Law, Ethics Rules
·  New Jersey Can Spam Measure Nears Final Legislative Approval
·  Measure to Fund Digital Technology at Mostly Minority Schools Resurfaces
·  Outstanding Issues in New gTLD Naming Proposal Refined, Not Resolved in San Juan
·  Fickle Users, New Liabilities, Shifting Responsibilities Dominate Web 2.0 Worries
·  EU Consumer Group Worries About Acquisition of DoubleClick by Google
·  Texans Charged in SEC Fraud Suit Over Alleged $4.6 Million Spam Scheme
 
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FREEDOM OF SPEECH
 
Internet Posting of Police Search Tape, Even If Illegal, Shielded by First Amendment 
 
A woman who was assumed to have violated a Massachusetts statute when she posted on her web site a tape of a police search that she knew was illegally recorded likely enjoys First Amendment protection from liability, the U.S. Court of Appeals for the First Circuit held June 22, affirming a preliminary injunction against enforcement.  The search was a matter of public concern, and under Bartnicki v. Vopper, 7 ILR (P&F) 618, 532 US 514 (2001), the woman's interest in disclosing truthful information about it outweighed any privacy interests served by the statute, Judge Kermit Lipez said.  Jean v. Massachusetts State Police, 2007 ILRWeb (P&F) 2039.  Read more ...
 
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TELECOMMUNICATIONS 
 
Martin to Propose Open Access Rules on Large Block of 700 MHz Spectrum 
 
Federal Communications Commission Chairman Kevin Martin intends to circulate rules "soon" that will impose open access requirements on a large block of spectrum that is slated to be auctioned this fall, an FCC official confirmed July 10. The hefty set of rules, which will encompass everything from the size of the licenses that will be auctioned to the requirements that licensees must meet, has not yet been circulated to the other four commissioners for their approval.  Read more ...
 
Other Telecommunications news: 
 
·  Qwest Offers New FCC Proposal for Funding Broadband Buildout
·  FTC Internet Access Task Force Urges Caution in Crafting Broadband Regulation
·  Majority of States Have Chosen to Retain Local Franchising Control
·  EU Regulator Hits Spanish Telecom with Record Fine Over Broadband Charges
·  FCC Set to Adopt Auction Rules as Public Safety Gives Nod to Frontline
·  Wireless Policies Tied to Success of Broadband, Consumer Advocates Say
 
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PRIVACY & SECURITY 
 
Sixth Circuit Rejects NSA Snooping Case, Finds Journalists, Attorneys Lack Standing 
 
Journalists and attorneys lack legal standing as plaintiffs to challenge the National Security Agency's program of warrantless interception of communications involving individuals with suspected ties to al Qaeda because they cannot show they have actually been subject to such surveillance, a split panel of the U.S. Court of Appeals for the Sixth Circuit ruled July 6.  The 2-1 decision is a win for the Bush administration, which has vigorously defended the need for its domestic communications surveillance programs as a means of preventing future terrorist attacks.  American Civil Liberties Union v. National Security Agency, 2007 ILRWeb (P&F) 2205.  Read more ...
 
Other Privacy & Security news: 
 
·  Senate Judiciary Chairman Issues Subpoenas for Wiretap Documents
·  Progress Made to Clarify Whois Disclosure Requirements, but Final Report Still Pending
·  ICANN Panel Calls for Improved Conflict Resolution Mechanisms
·  Michigan AG Names Sex Offenders with Registered MySpace Web Pages
·  Merchant Data Breach Cost Liability Measure Passes California Senate Judiciary Committee
·  European Commission's Competition Division to Probe Google Plan to Acquire DoubleClick
 
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TAXATION
 
Oakland and Jefferson City Sue Online Reservation Firms for Not Paying Hotel Taxes 
 
Oakland, Calif. and Jefferson City, Mo. filed lawsuits in late June against online travel companies (OTCs) Expedia, Inc., Orbitz, Inc., Travelocity.com, Inc., and others, adding to the list of more than two dozen municipalities around the country suing the firms for failure to pay all hotel taxes due.  The Jefferson City case, filed in Missouri Circuit Court, seeks class certification to represent other similarly situated cities, counties, or political subdivisions in the state, Bryan Vroon of Atlanta-based Vroon & Crongeyer said.  Oakland's complaint is not a class action, and was filed in U.S. District Court for the Northern District of California.  Read more ...

Other Taxation news: 
 
·  Washington DOR's Efforts Lead to State's Upcoming Membership in SSUTA
·  Internet Access Proceeds Taxable in Alabama
·  Arizona Exempts Internet Charges from TPT
·  Associate Member Nevada Enacts Legislation to Ensure Continued Streamlined Compliance
 
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JURISDICTION & PROCEDURE 
 
Web Publication of Alleged Defamation Does Not Create Jurisdiction Under Long-Arm 
 
The accessibility in the forum of allegedly defamatory web postings does not amount to "transacting business" within the meaning of the New York long-arm jurisdiction statute, the U.S. Court of Appeals for the Second Circuit held June 26.  Judge Robert D. Sack discussed at length the Zippo "web site interactivity" analysis, stating that a web site's interactivity is merely one factor—but not a dispositive factor—in deciding whether the site operator is transacting business within the forum.  Best Van Lines, Inc. v. Walker, 2007 ILRWeb (P&F) 2053.  Read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Electronic Service Reasonable on Spam Defendants with Inaccurate Whois Data
·  Continuous Entries Made on Web Site Support Jurisdiction in Site Owner's Forum
 
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Latest Cases 
 
·  American Civil Liberties Union v. National Security Agency, 2007 ILRWeb (P&F) 2205 [6th Cir] (Sixth Circuit rejects NSA snooping case, finds journalists, attorneys lack standing)
·  Angels Baseball, L.P. v. Dongyeon, 2007 ILRWeb (P&F) 1913 [NAF] (Korean registrant of "angels.com" had legitimate interest in ANGELS mark based on Korean trademark registration)
·  Balsam v. Angeles Technology, Inc., 2007 ILRWeb (P&F) 2059 [ND Cal] (Electronic service reasonable on spam defendants with inaccurate Whois data)
·  Barton v. State of Georgia, 2007 ILRWeb (P&F) 2067 [Ga Ct App] (Child porn images automatically saved to cache do not support conviction for knowing possession)
·  Best Van Lines, Inc. v. Walker, 2007 ILRWeb (P&F) 2053 [2d Cir] (Web publication of alleged defamation does not create jurisdiction under long-arm)
·  Docking Station, LLC v. Alabama Department of Revenue, 2007 ILRWeb (P&F) 1919 [Ala Dep't Rev] (Internet access proceeds taxable in Alabama)
·  Fernandez v. Tax Claim Bureau of Northampton County, 2007 ILRWeb (P&F) 1909 [Pa Cmwlth Ct] (Google search insufficient to locate delinquent taxpayer)
·  FragranceNet.com, Inc. v. FragranceX.com, Inc., 2007 ILRWeb (P&F) 2063 [ED NY] (No Lanham Act "use" exists for use of a competitor's trademark in a keyword or metatag)
·  Hickory Farms, Inc. v. Snackmasters, Inc., 2007 ILRWeb (P&F) 1915 [ND Ill] (In genericness dispute, court may consider web print-outs showing mark's use)
·  Hi-Rise Technology, Inc. v. amatuerindex.com, 2007 ILRWeb (P&F) 2077 [WD Wash] (E-mail only service of process not sufficient to satisfy ACPA in rem notice requirements)
·  Infinity Surfboards, Inc. v. Akins, 2007 ILRWeb (P&F) 1911 [WIPO] (Charge that respondent fabricated evidence not well suited for resolution in UDRP proceeding)
·  IP-Enabled Services, In re (Report and Order), 2007 ILRWeb (P&F) 1917 [FCC] (Commission extends disability access requirements to providers of interconnected VoIP services)
·  Jean v. Massachusetts State Police, 2007 ILRWeb (P&F) 2039 [1st Cir] (Internet posting of police search tape, even if illegal, shielded by First Amendment)
·  Mesa Airlines, Inc. v. Uslan, 2007 ILRWeb (P&F) 2075 [D Ariz] (No personal jurisdiction based on attenuated affiliation with allegedly defamatory site)
·  NetQuote, Inc. v. Byrd, 2007 ILRWeb (P&F) 2073 [D Colo] (Continuous entries made on web site support jurisdiction in site owner's forum)
·  Perfect 10, Inc. v. Visa International Service Association, 2007 ILRWeb (P&F) 2201 [9th Cir] (Credit card companies not liable when users buy access to infringing pics online)
·  Person v. Google, Inc., 2007 ILRWeb (P&F) 2079 [ND Cal] (E-advertiser can't assert relevant market in §2 attack on Google's search-based ads)
·  Satterfield v. Simon & Schuster, 2007 ILRWeb (P&F) 2065 [ND Cal] (Senders of promotional text message not liable for TCPA violation)
·  SCRL Société Belge des Auteurs v. SA Scarlet f.k.a. SA Tiscali, 2007 ILRWeb (P&F) 2081 [Tribunal de Première Instance, Bruxelles (Belgium)] (ISP must filter out infringing music downloads)
·  Taylor Building Corp. of America v. Benfield, 2007 ILRWeb (P&F) 2061 [SD Ohio] (No Lanham Act relief for non-commercial gripe site, despite potential economic harm)
·  Wisniewski v. Board of Education of Weedsport Central School District, 2007 ILRWeb (P&F) 2203 [2d Cir] (Summary judgment for school district in case arising from suspension of student for displaying via Internet instant messaging an icon depicting the shooting of a named teacher)
·  Xcentric Ventures, Inc. v. Stanley (Findings of Fact & Conclusions of Law), 2007 ILRWeb (P&F) 2069 [D Ariz] (Defendants threatened operators of ripoffreport.com for failure to remove consumer complaints from web site)
·  Xcentric Ventures, Inc. v. Stanley (Preliminary Injunction), 2007 ILRWeb (P&F) 2071 [D Ariz] (Operators of ripoffreport.com entitled to preliminary injunction against those who communicated threats)
 
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Latest Pleadings, Motions, & Briefs 
 
·  Browne v. Avvo, Inc. (Class Action Complaint), 2007 ILRWeb (P&F) 2016 [WD Wash] (Attorney-ranking web site challenged under consumer protection law, ethics rules)
·  Doe v. Yahoo! Inc. (Brief for Amici Curiae Association of Competitive Technology, et al., in Support of Yahoo), 2007 ILRWeb (P&F) 2206 [5th Cir] (Amici argue that Yahoo! should not be held liable for child porn posted on a Yahoo Group)
·  Eros, LLC v. Doe (Complaint), 2007 ILRWeb (P&F) 2202 [MD Fla] (Maker of "adult-themed" objects for use within Second Life's virtual world sues anonymous Second Life participant for trademark and copyright infringement)
·  Petition for Expedited Rulemaking to Establish Technical Requirements and Standards Pursuant to Section 107(b) of the Communications Assistance for Law Enforcement Act, In re (DOJ's Petition for Expedited Rulemaking), 2007 ILRWeb (P&F) 1838 [FCC] (DOJ asks the FCC to make an expedited rulemaking with respect to the CALEA standard for CDMA2000 packet data wireless services)
·  Rousso v. State of Washington (Complaint), 2007 ILRWeb (P&F) 2204 [Wash Super Ct] (Lawyer seeks declaratory judgment that Washington's Internet Gambling Ban is unconstitutional)
·  Securities and Exchange Commission v. Uselton (Complaint), 2007 ILRWeb (P&F) 2208 [SD Tex] (SEC charges two Texas individuals in a penny stock spam campaign involving computer botnets)
·  Vulcan Golf, LLC v. Google, Inc. (Class Action Complaint), 2007 ILRWeb (P&F) 2018 [ND Ill] (Class action against Google and others alleging an "illegal infringement scheme" arising from Google's "Adsense for Domains" program)
 
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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

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

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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Internet Law Attorney Directory

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