MPAA's Glickman & AOL's Polonetsky to Keynote Web 2.0 Legal Forum

Motion Picture Association of America, Inc. (MPAA) Chairman & CEO Dan Glickman will appear as morning keynote and America Online, Inc. (AOL) Chief Privacy Officer and SVP, Consumer Advocacy, Jules Polonetsky will present the luncheon keynote at Pike & Fischer's Legal Risk Management in the Web 2.0 World in Washington, D.C. on Tuesday, September 18, 2007.  Register today to learn from the industry's top minds the growing array of opportunities and associated legal risks arising from video distribution, social networking, user-generated content, and other applications in the Web 2.0 world.  Our legal forum will address monetization, intellectual property protection, privacy implications, and risk management.  Don't miss this opportunity to network with your peers and discuss this burgeoning area of law.  Reserve your seat before August 17 to secure our discounted Early Bird Rate!  Group, Government and Academic rates also available.  Interested in participating?  Contact Meg Hargreaves at 301-562-1530 x 229. 
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Latest News 
 
INTELLECTUAL PROPERTY
 
Access to Archived Web Pages Not DMCA Violation Absent Affirmative Act of Bypassing 
 
A law firm that looked at past versions of a web site on the publicly accessible Internet Archive did not circumvent access controls in violation of the Digital Millennium Copyright Act when the malfunctioning archive allowed access to pages that the owner had wanted restricted, the U.S. District Court for the Eastern District of Pennsylvania ruled July 20.  Granting a defendant's motion for summary judgment, the court emphasized that the access was the result of errors on the part of the archive's server and that the law firm had not taken any "affirmative" steps that could reasonably be construed as an act directed at bypassing an access control.  Healthcare Advocates, Inc. v. Harding, Earley, Follmer & Frailey, 2007 ILRWeb (P&F) 2237.  Read more ...

Other Intellectual Property news:
 
·  French Court Hits MySpace with Damages for Unauthorized Video of French Comedian
·  Brussels Court Orders Internet Service Provider to Filter Access to P2P Sites
·  Trademarks in Metatags, Search Terms on Competitor's Site Not 'Use in Commerce'
·  Federal Circuit Lacks Jurisdiction to Delay Ban on Qualcomm Imports
·  Swedish Plan Would Allow Copyright Owners to Learn File-Sharers' Identities
 
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INTERNET COMMERCE 
 
WTO Arbitration Panel to Rule on Sanctions by Antigua Against U.S. in Gambling Dispute 
 
The World Trade Organization has set up an arbitration panel to rule on Antigua and Barbuda's request to impose more than $3.4 billion in annual sanctions on U.S. imports for Washington's failure to comply with a WTO panel ruling condemning U.S. restrictions on cross-border Internet gambling.  The arbitration panel was automatically established after the United States submitted a notice to the WTO July 23 challenging Antigua's retaliation figure.  Read more ...
 
Other Internet Commerce news: 
 
·  Court Narrows Class Complaint Over Intel's x86 Microprocessors
·  Japan to Propose Anti-Spam Law Change to Opt-In System to Curb Spam E-Mail
·  General Allegations of Damage Done by Pop-Ups Satisfy Trespass to Chattels
·  FTC Testifies Before Congress on Peer-to-Peer File Sharing Risks
 
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FREEDOM OF SPEECH
 
Suspension for Derogatory MySpace Page Violated Student's First Amendment Rights 
 
A student who created a MySpace page parodying a school principal may not, consistent with the First Amendment, be suspended absent a concrete connection between the page and a substantial disturbance at school, the U.S. District Court for the Western District of Pennsylvania held July 10.  While the profile may have distracted students during school hours, the school did not show a nexus between the page and a "substantial disturbance" so as to overcome the student's right to freely speak his mind, the court said.  Layshock v. Hermitage School District, 2007 ILRWeb (P&F) 2225.  Read more ...
  
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TELECOMMUNICATIONS 
 
Google to Bid on Spectrum 'Should' FCC Adopt Certain Rules 
 
Google announced in a letter to the Federal Communications Commission July 20 that it would bid at least $4.6 billion in the upcoming 700 MHz spectrum auction if the commission adopts the four conditions that it has repeatedly requested.  Google has joined other companies and public interest organizations in advocating for four elements of "open access," most recently in a July 18 filing to the FCC.  FCC Chairman Kevin Martin has circulated proposed rules that would fulfill part of its request, but without some of the wholesale elements sought by the company.  Read more ...
 
Other Telecommunications news: 
 
·  Senate Panel Approves Three Bills Affecting Data, Portability, Indecency
·  AT&T Supports, Consumers Oppose FCC's 700 MHz Spectrum Auction Rules
·  Provisions Attached to Farm Bill Would Alter Broadband Loan Program
·  Markey Revises Broadband Data Bill to Reflect Hearing Recommendations
·  Legislation Would Allow Municipalities to Offer Broadband Service to Residents
·  New CEA Survey Shows Speed Primary Driver of Broadband Adoption
·  Martin Has Votes for Auction Rules, but Concerns Raised by Lawmakers
 
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PRIVACY & SECURITY 
 
Microsoft, Ask.com to Alter Privacy Policies, Call on Industry to Develop Global Principles 
 
Microsoft Corp. and Ask.com called on the industry July 23 to develop global privacy principles for data collection, use, and protection related to searching and online advertising.  The companies in a joint statement said they would work with other technology leaders, consumer advocacy organizations, and academics on developing principles and possibly developing and sharing best practices to provide more control for consumers.  Read more ...
 
Other Privacy & Security news: 
 
·  Google Changes Cookies Retention Policy; Privacy Advocates Question Real Impact
·  Regulatory Review of Google-DoubleClick Deal Should Not Consider Privacy, Economists Say
·  Congressional Committees Consider Hearings on Google-DoubleClick Deal
·  House Democrat Eyes Legislation to Boost Private Sector Cybersecurity
 
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TAXATION
 
Streamlined Group's State Advisory Council Delays Consideration of Proposed Rules 
 
The State and Local Advisory Council (SLAC) to the Streamlined Sales Tax Governing Board, Inc. has extended, until Aug. 9, its consideration of public comments on two draft interpretive rules dealing with direct mail sourcing and delivery charges, the council's co-chair, Diane Hardt, said at a meeting July 20.  Meeting via teleconference, the SLAC was scheduled to consider public comment on proposed Rule 313, Direct Mail Definition and Sourcing, and proposed Rule 327.4, Delivery Charges, before forwarding the rules to the governing board for consideration.  Read more ...

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JURISDICTION & PROCEDURE 
 
Responsibility for Spam, Not Ownership of Sites Promoted, Required for Jurisdiction 
 
For a court to have jurisdiction over an out-of-state marketer whose products were promoted in a mass spam attack, the plaintiff must offer some credible evidence that the marketer itself was responsible for the messages sent, the U.S. District Court for the Northern District of Georgia held July 3.  The court said allegations that the defendant likely owned the sites advertised was not enough evidence to establish jurisdiction.  Purported ownership of the advertised sites will not support jurisdiction without at least an allegation that the defendant was responsible for the subsequent spam messages, the court said.  AT&T Mobility LLC v. C&C Global Enterprises, LLC, 2007 ILRWeb (P&F) 2227.  Read more ...
 
Other Jurisdiction & Procedure news: 
 
·  TTAB Accepts Evidence from Wikipedia So Long as There Is Opportunity to Rebut
·  To Support Jurisdiction, Web Interactivity Must Be Targeted Towards, Used in Forum
 
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CRIMINAL LIABILITY 
 
Federal Courts Have Power to Issue Warrants for Online Data Held by Out-of-District ISPs 
 
A district court with territorial jurisdiction over an alleged crime has authority to issue a search warrant for related electronically-stored evidence in another district, the U.S. District Court for the District of Arizona held May 22.  The court said that 18 USC §2703(a), as amended by §220 of the 2001 USA PATRIOT Act, permitted it to issue a search warrant against the contents of an out-of-district ISP.  To issue a warrant under the amended §2703(a), a court need only have territorial jurisdiction over the dispute, the court said.  In re Search of Yahoo, Inc., 2007 ILRWeb (P&F) 1879.  Read more ...
 
Other Criminal Liability news: 
 
·  Former Boeing Inspector Faces Charges of Unlawful Downloading of Company Files
·  Storing Child Porn in P2P Shared Folder Qualifies as Illegal 'Distribution'
·  New Cybercrime Law in Thailand Takes Effect, Allows for Computer Seizures
·  Online Exploitation of Children Requires Coordinated Effort Across Multiple Sectors 
 
Search ILR's Criminal Liability database 

Latest Cases 
 
·  Alexander v. Cahill, 2007 ILRWeb (P&F) 2235 [ND NY] (Provisions of New York's amended rules on attorney advertising, which contain restrictions on attorney and law firm domain names and web sites, do not violate the First Amendment)
·  AT&T Mobility LLC v. C&C Global Enterprises, LLC, 2007 ILRWeb (P&F) 2227 [ND Ga] (Responsibility for spam, not ownership of sites promoted, required for jurisdiction)
·  Burgess v. American Express Co., 2007 ILRWeb (P&F) 1921 [NC Super Ct] (Allegation that unwanted pop-up ads damaged computer states claim for trespass to chattels)
·  Capitol Federal Savings Bank v. Eastern Bank Corp., 2007 ILRWeb (P&F) 2097 [D Kan] (To support jurisdiction, web interactivity must be targeted towards, used in forum)
·  Chas. S. Winner, Inc. v. Polistina, 2007 ILRWeb (P&F) 2099 [D NJ] (CFAA does not permit private cause of action based on employee's misuse of employer's e-mail system)
·  Dix v. ICT Group, Inc., 2007 ILRWeb (P&F) 2229 [Wash Sup Ct] (AOL forum selection clause unenforceable in Washington class action lawsuit)
·  Douglas v. United States District Court for the Central District of California, 2007 ILRWeb (P&F) 2231 [9th Cir] (Terms of service may not be revised by merely posting revised contract online)
·  FragranceNet.com, Inc. v. FragranceX.com, Inc., 2007 ILRWeb (P&F) 2063 [ED NY] (Trademarks in metatags, search terms on competitor's site not 'use in commerce')
·  Healthcare Advocates, Inc. v. Harding, Earley, Follmer & Frailey, 2007 ILRWeb (P&F) 2237 [ED Pa] (Access to archived web pages not DMCA violation absent affirmative act of bypassing)
·  IP Carrier Consulting Group, In re, 2007 ILRWeb (P&F) 2093 [TTAB] (TTAB accepts evidence from Wikipedia so long as there is opportunity to rebut)
·  Lafesse v. MySpace, 2007 ILRWeb (P&F) 2095 [Tribunal de Grande Instance de Paris (France)] (French court hits MySpace with damages for unauthorized video of French comedian)
·  Layshock v. Hermitage School District, 2007 ILRWeb (P&F) 2225 [WD Pa] (Suspension for derogatory MySpace page violated student's First Amendment rights)
·  LG Electronics MobileComm U.S.A., Inc. v. International Trade Commission, 2007 ILRWeb (P&F) 2233 [Fed Cir] (Federal Circuit lacks jurisdiction to delay ban on Qualcomm imports)
·  Pace v. United Services Automobile Association, 2007 ILRWeb (P&F) 2221 [D Colo] (Failure to whitelist court's domain name, resulting in counsel's failure to receive electronic notice of settlement conference, was not substantially justified and therefore warrants sanctions)
·  Pet Stop Professional Pet Sitting Service, LLC v. Professional Pet-Sitting Service, Inc., 2007 ILRWeb (P&F) 2091 [D Ore] (A trademark dispute between two local businesses withstands a motion to dismiss because, given defendants' use of the Internet, plaintiff may be able to prove a set of facts establishing the use of its marks in interstate commerce in support of its Lanham Act claims entitling it to both jurisdiction and relief)
·  Search of Yahoo, Inc., In re, 2007 ILRWeb (P&F) 1879 [D Ariz] (Federal courts have power to issue warrants for online data held by out-of-district ISPs)
·  Société Belge des Auteurs, Compositeurs et Editeurs v. SA Scarlet Extended Ltd., 2007 ILRWeb (P&F) 2081 [Tribunal de Première Instance, Bruxelles (Belgium)] (Brussels court orders Internet service provider to filter access to P2P sites)
·  Systems Unlimited, Inc. v. Cisco Systems, Inc., 2007 ILRWeb (P&F) 1703 [11th Cir] (UCC does not apply to a sale of software assets, for the sale of intellectual property not a transaction in goods)
·  United States v. Carani, 2007 ILRWeb (P&F) 2223 [7th Cir] (Storing child porn in P2P shared folder qualifies as illegal 'distribution')
 
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Latest Pleadings, Motions, & Briefs 
 
·  Google, Inc. and DoubleClick, Inc., In re (Supplemental Materials in Support of Pending Complaint), 2007 ILRWeb (P&F) 2024 [FTC] (Public interest groups supplement complaint urging FTC to open an investigation into Google's proposed acquisition of DoubleClick)
·  T.V. v. Union Township Board of Education (Letter Brief in Support of Plaintiff's Cross-Motion for Protective Order), 2007 ILRWeb (P&F) 1840 [NJ Super Ct] (Victim of sexual assault seeks to prevent defendant from accessing her private, constitutionally and statutorily protected electronic communications via MySpace.com and Facebook.com)
 
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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 
 
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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