Latest News 
 
INTELLECTUAL PROPERTY
 
Qualcomm Patents Voided for Litigation Misconduct 
 
Delivering the second major blow in one day to Qualcomm, Inc. in its various patent disputes with rival Broadcom Corp., the U.S. District Court for the Southern District of California ruled Aug. 6 that the company waived its rights to enforce certain patents related to digital video technology standards because it deliberately concealed information from a standards-setting body.  The announcement comes a day after the Bush Administration said it would let stand a U.S. International Trade Commission ruling [2007 ILRWeb (P&F) 2007] that bans the import of many handheld devices using Qualcomm microchips.  Qualcomm, Inc. v. Broadcom Corp., 2007 ILRWeb (P&F) 2407.  Read more ...

Other Intellectual Property news:
 
·  USTR Allows Limited Exclusion Order Against Qualcomm Phones to Become Final
·  Music Industry's Take-Down Order Against Home Video Challenged as Abuse of DMCA
·  Ownership of Web Page Copyright Implies Ownership of Complete Web Site
·  Senate Passes Higher Education Act 95-0, Without Controversial Anti-Piracy Amendment
·  On Remand from Supreme Court, Trial Court Again Rejects Injunction Motion Against eBay
·  Sony Lays Responsibility for Defective Anti-Piracy Mechanism with Manufacturer
·  CCIA Asks FTC to Investigate Overbroad Language Warnings by Copyright Holders
·  Multistate Investigation Targets Sellers, Distributors of Illegal Video Game Mod Chips
·  Court Sets Aside $1.5 Billion Damages Award in Patent Case Against Microsoft
·  N.Y. Gov. Spitzer Vetoes ID Theft Bills, Signs Internet Domain Name Piracy Measure
 
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INTERNET COMMERCE 
 
FTC to Examine Consumer Tracking Practices Used by Online Ad Industry 
 
The Federal Trade Commission will examine online advertising practices that are generating privacy concerns during a two-day town hall meeting this fall, the commission announced Aug. 6.  Specifically, the agency said it would bring together consumer advocates, industry representatives, technology experts, and academics to address questions surrounding a practice known as "behavioral advertising," which involves the collection of information about a consumer's online activities, including Internet keyword searches consumers have conducted, web pages they visited, and content they have viewed.  Read more ...
 
Other Internet Commerce news: 
 
·  Industry Executives Warn State Lawmakers of Many Costs of Heavy-Handed Regulations
·  Vietnamese Government at Work on New Decree to Control Spam
 
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TELECOMMUNICATIONS 
 
FCC Adopts New Requirement for Automatic Roaming Agreements 
 
The Federal Communications Commission Aug. 7 adopted new rules that will require all wireless carriers to enter into automatic roaming agreements with other carriers at reasonable and nondiscriminatory rates.  The rules are meant to address long-standing complaints by small and rural wireless carriers that the nation's largest carriers often refuse to enter into roaming agreements with them.  Without roaming agreements, small carriers cannot guarantee service to their customers when they travel.  FCC Commissioner Michael Copps said he was disappointed that the rules did not extend to wireless broadband and Internet Protocol-based services, mostly because it will confuse consumers.  Read more ...
 
Other Telecommunications news: 
 
·  Boucher, Upton Introduce Bill to Allow Municipal Broadband Service
·  Gordon Introduces VoIP E-911 Bill, but State Regulators Voice Concern
·  FCC Denies Forbearance Petition by Carrier Seeking High-Cost Support
 
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PRIVACY & SECURITY 
 
Wiretap Law Lacks Retroactive Liability Protection for Companies 
 
A law enacted by Congress before the August recess allows phone companies to escape liability for assisting the government with future warrantless surveillance activities, but doesn't provide retroactive protection—something the Bush administration had proposed.  Just before leaving for the recess, the House and Senate approved a Republican bill (S. 1927) to update wiretap procedures under the Foreign Intelligence Surveillance Act.  President Bush signed the legislation into law Aug. 5, just a day after it was cleared by the House 227-183.  The measure was designed to serve as a temporary fix until Congress and the administration can work out a long-term FISA modernization plan.  Read more ...
 
Other Privacy & Security news: 
 
·  Surveillance Program Broader Than Previously Reported, McConnell Says
·  House Debates Legislation to Update Surveillance Statute
·  Bipartisan Credit-Freeze Measure Offered by House Financial Subcommittee Leaders
 
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TAXATION
 
Paulson, Gutierrez Urge Congress to Expedite Work on Permanent Internet Access Tax Ban 
 
Treasury Secretary Henry Paulson and Commerce Secretary Carlos Gutierrez Aug. 2 asked Congress to work to enact a permanent extension of the current moratorium on state Internet access taxes and multiple or discriminatory taxes on electronic commerce.  In a letter to House Speaker Nancy Pelosi (D-Calif.), the two administration officials said they hope to work with Pelosi as Congress considers the issue.  They indicated President Bush would be willing to sign a permanent extension.  Paulson and Gutierrez said near-term action is important as the current ban nears its expiration Nov. 1.  Read more ...

Other Taxation news: 
 
·  New Louisiana Law Adopts Telecom Definitions to Comply with Streamlined Agreement
·  New York Advisory Explains Sales Tax Treatment of Computer Hardware, Software, Services
·  France Considers New Copyright Taxes on Video Game Consoles, Cell Phones, PDAs
·  SSUTA Panel Sends Recommendations to Board on Rule Revision, Interpretation
·  South Dakota Amendments Add SSUTA Definitions
·  Executives Ask Lawmakers to Modernize Tax Laws, Avoid Unnecessary Regulation
 
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JURISDICTION & PROCEDURE 
 
Failing to Whitelist Court E-Mail Is Not an Excuse for Lawyer's Nonappearance 
 
Attorneys have a duty to add courts to their spam filter whitelists, the U.S. District Court for the District of Colorado held July 9.  The court said it is easy to add courts to an approved "whitelist" and lawyers should do it as a matter of course.  According to the court, lawyers who choose not to place courts on whitelists will not be granted leniency when important e-mails are blocked.  Three lawyers made no appearance at a continued settlement conference that the judge scheduled using e-mail.  The spam filter at their firm blocked the e-mail, and they never received notice.  The court acknowledged that their nonappearance was not willful, but held them responsible.  Pace v. United Services Automobile Association, 2007 ILRWeb (P&F) 2221.  Read more ...
 
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Latest Cases 
 
·  Capitol Federal Savings Bank v. Eastern Bank Corp., 2007 ILRWeb (P&F) 2097 [D Kan] (Kansas court lacks jurisdiction over Massachusetts-based bank that uses "geo-targeted" search engine marketing; case transferred to Massachusetts)
·  Christian C. v. S.A. DailyMotion, 2007 ILRWeb (P&F) 2267 [Tribunal de Grande Instance de Paris (France)] (Online video site DailyMotion infringed copyright by knowingly allowing users to post videos without permission of the copyright owner)
·  Dell Computer Corp. v. Union des Consommateurs, 2007 ILRWeb (P&F) 2265 [Can Sup Ct] (Canadian high court upholds arbitration clause in an Internet consumer contract)
·  Goldhaber v. Kohlenberg, 2007 ILRWeb (P&F) 2403 [NJ App Div] (New Jersey court may exercise jurisdiction over a California resident who posted defamatory comments to an Internet newsgroup)
·  Gordon v. Virtumundo, Inc., 2007 ILRWeb (P&F) 2401 [WD Wash] (Defendants in CAN-SPAM dispute awarded attorney's fees in excess of $111,000)
·  Lucent Technologies, Inc. v. Gateway, Inc., 2007 ILRWeb (P&F) 2405 [SD Cal] (Court sets aside $1.5 billion damages award in patent case against Microsoft)
·  MercExchange, L.L.C. v. eBay, Inc., 2007 ILRWeb (P&F) 2261 [ED Va] (On remand from Supreme Court, trial court again rejects injunction motion against eBay)
·  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)
·  New York Office of Tax Policy Analysis Advisory Opinion TSB-A-07(16)S, 2007 ILRWeb (P&F) 2103 [NY Dep't Tax Fin] (New York advisory explains sales tax treatment of computer hardware, software, services)
·  Pace v. United Services Automobile Association, 2007 ILRWeb (P&F) 2221 [D Colo] (Failing to whitelist court e-mail is not an excuse for lawyer's nonappearance)
·  Qualcomm, Inc. v. Broadcom Corp., 2007 ILRWeb (P&F) 2407 [SD Cal] (Qualcomm patents voided for litigation misconduct)
·  Scott v. Cingular Wireless, 2007 ILRWeb (P&F) 2263 [Wash Sup Ct] (Class action waiver clause is substantively unconscionable)
 
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Latest Pleadings, Motions, & Briefs 
 
·  BMG Music v. Amergence Group, Inc. (Summons), 2007 ILRWeb (P&F) 2220 [NY Sup Ct] (Sony lays responsibility for defective anti-piracy mechanism with manufacturer)
·  Eight Mile Style, LLC v. Apple Computer, Inc. (Complaint), 2007 ILRWeb (P&F) 2222 [ED Mich] (Eminem's music publisher alleges that Apple violated copyrights by allowing unauthorized downloads onto iPods)
·  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)
·  Misrepresentation of Consumer Fair Use and Related Rights by National Football League, In re (Request for Investigation and Complaint), 2007 ILRWeb (P&F) 2400 [FTC] (CCIA files FTC complaint alleging that media and sports organizations have systematically misled consumers with regard to their legal rights to use content)
 
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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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