New Speakers Added to Web 2.0 Legal Forum

The list of speakers for Pike & Fischer's Legal Risk Management in the Web 2.0 World continues to grow!  Markham Erickson (NetCoalition), Jonathan Hart (Dow Lohnes), Mary Hodder (Dabble), Jeff Horwitz (Proskauer Rose), Mark Potts (Backfence), Laurie Self (Covington & Burling), and Mark Uncapher (Information Technology Association of America), will join other distinguished speakers along with keynoters Dan Glickman (MPAA) and Jules Polonetsky (AOL) on Tuesday, September 18, 2007, for a unique one-day legal forum on the growing array of legal risks associated with social networking, user-generated content, and other applications in the Web 2.0 world.  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, Non-profit, Solo-practitioner, and Academic rates available.  Interested in participating?  Contact Meg Hargreaves at 301-562-1530 x 229. 
Learn More  Register Now!

Latest News 
 
INTELLECTUAL PROPERTY
 
College Providing Network Access May Not be Subpoenaed Under DMCA, CCPA 
 
The Digital Millennium Copyright Act's subpoena provisions do not authorize the issuance of a subpoena to a college that is merely acting as a conduit for the transmission of copyrighted material over its networks, the U.S. District Court for the Eastern District of Virginia held July 12.  The court denied various record labels' attempts to subpoena a college whose students had allegedly used the college network to engage in illegal file sharing.  The record labels sought the identity of seven students suspected of transferring files in violation of the federal Copyright Act.  Interscope Records v. Does 1-7, 2007 ILRWeb (P&F) 2217.  Read more ...

Other Intellectual Property news:
 
·  Dedicated Fact-Finding Group Forms Around Domain Tasting, Seeks Wide Input
·  New Trademark Owner Lobby Wants Tougher Measures Against Cybersquatters
·  Google Schedules Launch of YouTube Filtering System
 
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INTERNET COMMERCE 
 
Modified Terms of Service Posted to Web Site Invalid as to Existing Customer Who Lacked Notice 
 
A proposed modification of a terms of service agreement, which was merely posted on the company's web site, was ineffective against an existing customer who had no notice that the terms had changed, the U.S. Court of Appeals for the Ninth Circuit held July 18.  The plaintiff executed a contract with America Online, Inc. for long distance telephone service.  America Online subsequently sold this line of business to defendant Talk America, Inc.  Talk America made several changes to its service contract: additional charges, a class action waiver, an arbitration clause, and a choice-of-law provision designating New York law as the law of the contract.  Douglas v. United States District Court for the Central District of California, 2007 ILRWeb (P&F) 2231.  Read more ...
 
Other Internet Commerce news: 
 
·  ICANN Group Releases Final gTLD Naming Recommendations, Hopes for GNSO Approval
·  Labor Union Organizing Messages Fit CAN-SPAM Act's 'Commercial' Requirement
·  Antigua's Objective in Gambling Case at WTO Is Negotiated Solution, Counsel Says
·  No Antitrust Violation When MySpace Blocked References to Competing Sites
·  Using 'Hijacked' MySpace Profiles to Send Unsolicited Messages Violates CAN-SPAM Act
·  EU Challenges Intel Business Tactics as Abuse of Dominant Position in CPUs
·  Scrutiny of Implications of GNUv3 Needed Before Public License Adopted, Experts Say
·  Circumstantial Evidence Alone Sufficient to Support Computer Fraud Conviction
 
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FREEDOM OF SPEECH
 
Disconnected Modem Did Not Give Rise to Constitutional Claim Against City 
 
A city was not liable for constitutional violations under 42 USC §1983 when one of its fiber optic network employees disconnected a web site modem hosting offensive material, the U.S. District Court for the District of Oregon ruled July 19.  Granting the city's motion to dismiss, the court said that the web site failed to demonstrate that the execution of an official city policy deprived it of its constitutional rights.  American Buddha v. City of Ashland, 2007 ILRWeb (P&F) 2255.  Read more ...
 
Other Freedom of Speech news: 
 
·  Federal Court Strikes Down Key Parts of New York's Revised Advertising Rules
 
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TELECOMMUNICATIONS 
 
FCC Adopts 700 MHz Auction Rules with Open Access, Public Safety Bands 
 
A unanimous Federal Communications Commission July 31 approved a critical set of rules that will govern the upcoming auction of spectrum in the 700 MHz band, with Democrats complaining the rules do not go far enough and Republicans complaining that they go too far.  The order does not veer significantly from the proposal put forward earlier this month by FCC Chairman Kevin Martin, who proposed controversial "open access" conditions on about one-third of the 62 MHz of spectrum that will be auctioned.  In addition, the proposal called for a 10 MHz band of spectrum for a shared public safety/private network.  Read more ...
 
Other Telecommunications news: 
 
·  Industry Welcomes EC Moves to Open New Spectrum for 3G High-Speed Services
·  Stevens, Kneuer Fear Revenue Drop with Conditions on 700 MHz Spectrum
·  9/11 Commission Legislation Could Alter Interoperability Grants
 
Search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Password-Protected Web Site Afforded No Privacy Interest When Password Shared 
 
Password-protected web sites carry no reasonable expectation of privacy when the passwords have been given to—or discovered by—a third party, the U.S. District Court for the District of Massachusetts held July 20.  The government in this case received the password for an allegedly pornographic web site from an anonymous caller.  The government used the password to access the defendant's web site, where it found explicit sexual photographs of the defendant's minor daughter.  United States v. D'Andrea, 2007 ILRWeb (P&F) 2259.  Read more ...
 
Other Privacy & Security news: 
 
·  U.K. Adopts Telecom Data Retention Law, Exempts Internet Communications
·  EU Data Protection Official Urges No Change to Privacy Directive Until Fully Implemented
·  House Lawmakers Offer Bill to Limit Collection of Data Under PATRIOT Act
·  Bush Urges Congress to Move Quickly on Surveillance Proposal
·  Davis Seeks Agency Data Security Bill Action as GAO Audit Reports New VA Laptop Losses
·  Persistent Weaknesses in Data Security Pervade Federal Government, GAO Reports
 
Search ILR's Privacy & Security database 

TAXATION
 
Governors Association Assails Prospect of Permanent Ban on Web Access Taxes 
 
Permanently banning taxation of access to the Internet will have grave consequences for the future revenues of state and local governments, the National Governors Association said July 26 at a House panel hearing, while proponents of the ban said any taxing of Internet access would inhibit economic growth and undermine foreign competitiveness.  The House Judiciary Subcommittee on Commercial and Administrative Law held a hearing on the Permanent Internet Tax Freedom Act of 2007 (H.R. 743), sponsored by Rep. Anna Eshoo (D-Calif.), which would strike the beginning and ending dates of the current moratorium on taxation of Internet access, thereby making the ban on taxation permanent.  Read more ...

Other Taxation news: 
 
·  Permanent Ban on Internet Access Taxes Could Mean Serious Revenue Issues for State and Local Governments
·  Several Senators to Push Legislation Banning Tax on Online Hotel Firms' Fees
 
Search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Forum Selection Clause That Deprived Users of Class Action Suit Declared Unenforceable 
 
A forum selection clause in America Online, Inc.'s terms of service that has the effect of depriving Washington residents of their state-law right to aggregate small-dollar claims into a class action suit is unenforceable in that state, the Washington Supreme Court held July 12.  The plaintiffs alleged that America Online engaged in unfair and deceptive trade practices—in violation of the state consumer protection act—by creating unauthorized secondary accounts, charging subscribers for those accounts, and failing to fully credit subscribers who complained that the additional account was not unauthorized.  Dix v. ICT Group, Inc., 2007 ILRWeb (P&F) 2229.  Read more ...
 
Search ILR's Jurisdiction & Procedure database

Latest Cases 
 
·  Aitken v. Communications Workers of America, 2007 ILRWeb (P&F) 2239 [ED Va] (Labor union organizing messages fit CAN-SPAM Act's 'commercial' requirement)
·  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)
·  American Buddha v. City of Ashland, 2007 ILRWeb (P&F) 2255 [D Ore] (Disconnected modem did not give rise to constitutional claim against city)
·  Asch Webhosting, Inc. v. Adelphia Business Solutions Investment, LLC, 2007 ILRWeb (P&F) 2243 [D NJ] (Exculpatory clause in Internet services agreement is enforceable)
·  Brett Senior & Associates, P.C. v. Fitzgerald, 2007 ILRWeb (P&F) 2251 [ED Pa] (No CFAA violation based on employee's access of company computer files for an improper purpose)
·  Cybersettle, Inc. v. National Arbitration Forum, Inc., 2007 ILRWeb (P&F) 2249 [Fed Cir] (District court erred in construing method claim in patent related to online dispute resolution 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] (Modified terms of service posted to web site invalid as to existing customer who lacked notice)
·  Interscope Records v. Does 1-7, 2007 ILRWeb (P&F) 2217 [ED Va] (College providing network access may not be subpoenaed under DMCA, CCPA)
·  LiveUniverse, Inc. v. MySpace, Inc., 2007 ILRWeb (P&F) 2101 [CD Cal] (No antitrust violation when MySpace blocked references to competing sites)
·  MercExchange, L.L.C. v. eBay, Inc., 2007 ILRWeb (P&F) 2261 [ED Va] (Motion for permanent injunction denied)
·  MySpace, Inc. v. Wallace, 2007 ILRWeb (P&F) 2241 [CD Cal] (Using 'hijacked' MySpace profiles to send unsolicited messages violates CAN-SPAM Act)
·  Office of Consumer Counsel v. Southern New England Telephone Co. (Ruling on Cross-Motions for Summary Judgment), 2007 ILRWeb (P&F) 2245 [D Conn] (AT&T's "U-verse" falls within the definition of "cable service" under the Cable Communications Policy Act)
·  United States v. D'Andrea, 2007 ILRWeb (P&F) 2259 [D Mass] (Defendant forfeited expectation of privacy in password-protected web site containing images of child porn by sharing password with third party, who then notified the police)
·  United States v. Forrester (Amended Opinion), 2007 ILRWeb (P&F) 2257 [9th Cir] (Fourth Amendment privacy protections do not extend to government surveillance of e-mail headers and Internet Protocol addresses)
·  United States v. Shea, 2007 ILRWeb (P&F) 2253 [9th Cir] (Circumstantial evidence alone sufficient to support computer fraud conviction)
 
Search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  ConnectU, Inc. v. Facebook, Inc. (Complaint), 2007 ILRWeb (P&F) 1422 [D Mass] (Suit alleges Facebook founder stole trade secrets, breached contract, and infringed copyright of ConnectU founders)
·  Lenz v. Universal Music Publishing, Inc. (Complaint), 2007 ILRWeb (P&F) 2218 [ND Cal] (Suit seeking injunctive and declaratory relief against record company that demanded removal of YouTube video picturing toddler dancing to Prince song)
 
Search ILR's Pleadings database 

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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