Latest News 
 
INTELLECTUAL PROPERTY
 
Google's Archiving of Message Board Posts Didn't Create Liability for Infringing Material 
 
Archiving an Internet message board, without more, will not create copyright liability for third party users' infringing posts, the U.S. Court of Appeals for the Third Circuit held in a non-precedential opinion released July 10. The court said that copyright infringement requires an element of involvement beyond merely storing Internet bulletin board messages. The court rejected the plaintiff's blanket allegations of direct, contributory, and vicarious copyright infringement against an archiver when the only evidence the plaintiff presented was that the archiver made an allegedly infringing post publicly available.  Parker v. Google, Inc., 2007 ILRWeb (P&F) 2209.  Read more ...

Other Intellectual Property news:
 
·  Rep. Inslee Bemoans Fate of Internet Radio
·  SoundExchange Offers Webcasters Reprieve Following D.C. Court Denial of Stay Petition
·  D.C. Circuit Denies Petition to Stay Webcaster Royalty Fee Determination
·  Warner Bros., Networking Site imeem Settle Copyright Infringement Dispute
·  RIAA Target Obtains $61K in Attorneys' Fees
 
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INTERNET COMMERCE 
 
EU Court Plans to Decide Microsoft Case in September, as EC Delays Fines Decision 
 
The European Union's second highest court confirmed July 17 that it will deliver a verdict in the third week of September on Microsoft Corp.'s challenge to a 2004 European Commission decision accusing the company of using its dominant position as the world's leading computer operating system maker to illegally disadvantage competitors in the audio-visual and network server software market. The EU's second highest appellate body, the European Court of First Instance, said the highly anticipated ruling, which could cost Microsoft more than $1 billion in new fines if it loses, will be handed down Sept. 17.  Read more ...
 
Other Internet Commerce news: 
 
·  FTC Seeing Continued Increase in Malicious E-Mail, Majoras Says
·  AOL Settles with 48 States, Says It Has Changed Customer Cancellation Policies
·  ISPs, E-Mail Delivery Experts Advise Marketers to Go Beyond CAN-SPAM
·  Libel Claim Against Spyware Blocker Rebuffed
·  U.S. Holds First Talks with Countries Asking Compensation for Gambling Ban
·  OECD Launches New Bid to Improve Rules, Procedures for Protecting Online Customers
·  Google to 'Vigorously Defend' Australian Consumer Body's Misleading Conduct Claim
 
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TELECOMMUNICATIONS 
 
Hearing Lets Lawmakers, Industry Debate FCC's 700 MHz Auction Rules 
 
A congressional hearing held July 11 to examine wireless innovation and consumer protection turned into a debate on open access and the best way for the Federal Communications Commission to handle its upcoming 700 MHz spectrum auction.  FCC Chairman Kevin Martin is proposing that a large 22 MHz band of spectrum should be subject to open access requirements, which would give consumers the ability to attach any device or run any application on that network.  At the hearing, lawmakers weighed in on the chairman's proposal with mixed results.  Read more ...
 
Other Telecommunications news: 
 
·  EU Authorizes 2 Million Euros in Aid for France's High-Speed Network
·  Single Market for Euro Communications Remains Elusive, Commission Report Says
 
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PRIVACY & SECURITY 
 
E-Mail Headers, IP Addresses Carry No Reasonable Expectation of Privacy 
 
Fourth Amendment privacy protections do not extend to government surveillance of e-mail headers and Internet Protocol (IP) addresses, the U.S. Court of Appeals for the Ninth Circuit held July 6.  The court said that the government's surveillance techniques, which did not reveal the contents of the e-mail messages or the domain name associated with a web site's IP address, were analogous to surveillance techniques that have previously been held not to implicate the Fourth Amendment:  pen registers that record all numbers dialed from a telephone, and physical examinations of the outside of sealed envelopes.  United States v. Forrester, 2007 ILRWeb (P&F) 2207.  Read more ...
 
Other Privacy & Security news: 
 
·  APEC Working Group Endorses Privacy Projects Studying Cross-Border Data Flows
·  Bipartisan E-Records Bill Introduced with Privacy Protection Framework
·  Computer-Generated Faxes of Prescriptions Would Be Barred Under Part D Proposed Rule
·  Proposal Seeking Tiered Access for Individual Whois Data Sparks Controversy Within ICANN
 
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TAXATION
 
Destination Sourcing of Sales Tax Poses Numerous Problems, Many Potential Solutions 
 
A task force assigned by the Streamlined Sales Tax Governing Board, Inc. to analyze problems with destination sourcing of sales taxes has identified a dozen potential solutions, a list it will pare to a more workable plan at its next meeting in Boston Aug. 6.  Kansas Revenue Secretary Joan Wagnon, co-chair of the task force, told the panel July 17 that its overarching goal is to find a way to enable states that have not joined the Streamlined Sales Tax system to do so—and to enable member states troubled by destination sourcing, such as Ohio, to remain on board.  Read more ...
 
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Latest Cases 
 
·  AOL LLC, In re (Assurance of Voluntary Compliance), 2007 ILRWeb (P&F) 2085 [State Att'y Gen] (AOL settles with 48 states, says it has changed customer cancellation policies)
·  Brandstetter v. Fenderrhodes.Com, 2007 ILRWeb (P&F) 2213 [WIPO] (A "fan site" with no direct commercial activity has legitimate rights in domain name)
·  Capitol Records, Inc. v. Foster, 2007 ILRWeb (P&F) 2219 [WD Okla] (RIAA target obtains $61K in attorneys' fees)
·  Intercollegiate Broadcast System, Inc. v. Copyright Royalty Board (Order Denying Motion for Stay), 2007 ILRWeb (P&F) 2215 [DC Cir] (D.C. Circuit denies petition to stay webcaster royalty fee determination)
·  Interscope Records v. Does 1-7, 2007 ILRWeb (P&F) 2217 [ED Va] (Court denies record companies' request to serve a subpoena on a college to discover the identities of alleged infringers)
·  New Mexico, State of v. Kirby, 2007 ILRWeb (P&F) 2087 [NM Sup Ct] (Stiffed web designer is "owner" of site, victim of criminal fraud)
·  Parker v. Google, Inc., 2007 ILRWeb (P&F) 2209 [3d Cir] (Google's archiving of message board posts didn't create liability for infringing material)
·  Smith v. Saulsbury, 2007 ILRWeb (P&F) 2211 [Ga Ct App] (Internet marketer, hired to sell arguably illegal software, may recover commissions; evidence of product's illegality not relevant)
·  United States v. Forrester, 2007 ILRWeb (P&F) 2207 [9th Cir] (Computer surveillance that enabled the government to learn the to/from addresses of defendant's e-mail messages, the Internet protocol addresses of the web sites he visited, and the total volume of information transmitted to or from his account was analogous to the use of a pen register and therefore did not constitute a search for Fourth Amendment purposes)
·  Wilson v. Moreau, 2007 ILRWeb (P&F) 2083 [1st Cir] (Jury verdict establishing that plaintiff's personal e-mails had not been searched during police "raid" rendered appeal of certain claims moot)
·  Zango, Inc. v. Kaspersky Lab, Inc., 2007 ILRWeb (P&F) 2089 [WD Wash] (Libel claim against spyware blocker rebuffed)
 
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Latest Pleadings, Motions, & Briefs 
 
·  Advanced Consulting and Marketing, Inc. v. Gonzales (Complaint), 2007 ILRWeb (P&F) 2214 [SD Fla] (Webcaster of legal cockfights from Puerto Rico challenges constitutionality of animal cruelty law)
·  Fair Housing Council of San Fernando Valley v. Roommate.com, LLC (Petition for Rehearing En Banc), 2007 ILRWeb (P&F) 2020 [9th Cir] (Panel decision that curtails CDA immunity warrants en banc review)
·  Fair Housing Council of San Fernando Valley v. Roommate.com, LLC (Appellants' Response to Appellee's Petition for Rehearing En Banc), 2007 ILRWeb (P&F) 2210 [9th Cir] (Web site that matches roommates is not immune for tortious conduct it actively solicits)
·  Fair Housing Council of San Fernando Valley v. Roommate.com, LLC (Amici Curiae Brief of Electronic Frontier Foundation, et al. in Support of Petition for Rehearing En Banc), 2007 ILRWeb (P&F) 2216 [9th Cir] (Amici curiae argue that panel opinion conflicts with text of the CDA and relevant precedent)
·  Interscope Records v. Leadbetter (EFF's Amicus Curiae Brief in Support of Defendants' Motion for an Award of Attorney's Fees and Costs), 2007 ILRWeb (P&F) 2212 [WD Wash] (Amicus curiae argues that RIAA should pay attorney's fees of woman wrongfully accused of sharing copyrighted sound recordings over a peer-to-peer network)
·  Phillips v. Google, Inc. (Plaintiff's Original Petition), 2007 ILRWeb (P&F) 2022 [Tex Dist Ct] (Plaintiff sues Google for republishing allegedly defamatory news stories about him)
 
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Latest Research from Pike & Fischer

Verizon FiOS: Economics, Prospects and Impacts
In this report we explore the economics, prospects and potential impacts of Verizon's FiOS deployment. Our analysis includes comparisons with Verizon's chief cable competitors. We also look into the future of FiOS by considering the potential expansion of availability, subscriber growth, ARPU, revenue and EBITDA, and how these are likely to impact overall revenues. We then consider these revenue-side factors in relation to FiOS capital costs, to explore potential payback scenarios and the key factors lkely to determine which of these scenarios become a reality. Potential competitive impacts of FiOS on cable customer counts and revenue are also included.

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 17
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

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