Web 2.0 Legal Forum: Early Bird Expires Friday

Register now and take advantage of our discounted $100-off Early Bird rate before it expires on August 17th! Hear from Facebook, Google, NBC Univeral, AOL, Microsoft, ITAA, MPAA, Covington & Burling, Proskauer Rose, Gannet, and many more. Don't miss this unique opportunity to learn about existing and potential Web 2.0 liabilities and how you can manage the risks of your organization and those of your clients. View the full program for a detailed rundown of all panels and participating faculty, and find out who's already coming. Group, government, non-profit, solo-practitioner, and academic rates available. Interested in participating?  Contact Meg Hargreaves at 301-562-1530 x 229. 
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Latest News 
 
INTELLECTUAL PROPERTY
 
UDRP Decisions Deemed Appealable Under ACPA Before Actual Domain Transfer 
 
The Anticybersquatting Consumer Protection Act permits a federal appeal when a domain name has been ordered transferred under the Uniform Domain Name Dispute Resolution Procedure (UDRP), regardless of whether the transfer has yet occurred, the U.S. District Court for the Southern District of California held July 27.  The court, looking at the issue for the first time in the Ninth Circuit, said that a plaintiff in a UDRP appeal does not lack standing to appeal merely because the disputed domain had not been transferred at the time of filing.  Mann, d/b/a MM Biz v. AFN Investments, Ltd., 2007 ILRWeb (P&F) 2275.  Read more ...

Other Intellectual Property news: 
 
·  Following Dell, Lands' End, Board Finds Web Site Printouts Acceptable Evidence of Use
 
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INTERNET COMMERCE 
 
'Assisting' in Spam Efforts Violates CAN-SPAM Just as Much as 'Initiating' Spam 
 
Allegations that a corporate officer assisted in the sending of unsolicited commercial e-mails satisfied the CAN-SPAM Act's "initiation" requirement, the U.S. District Court for the Western District of Washington held July 18.  The court said that "assistance" is interchangeable with "initiation" for CAN-SPAM Act purposes.  Omni Innovations, LLC v. Impulse Marketing Group, Inc., 2007 ILRWeb (P&F) 2271.  Read more ...
 
Other Internet Commerce news: 
 
·  Free of Legal Regulation, Virtual Games May Create Legal Troubles, Lawyers Warn
·  With Recent Caselaw in Mind, E-Contracting Experts Explain Rules for Valid Online Deals
·  Competition Could Help Reform Online Ad Industry, Report Says
·  Exculpatory Clause Precluded Lost Profits Claim After Termination of Internet Access
·  New Google Practice Constitutes 'Behavioral Advertising,' Experts Say
·  Canadian Public Interest Group Seeks Review of Proposed Google-DoubleClick Acquisition
·  Mere Presence of File Deletion Program Does Not Establish 'Damage' Under CFAA
·  Web Security Firm Reports Stock Scam Involving Provider of Wireless Products
·  EU Authorizes Proposed Joint Venture Between STMicroelectronics and Intel
 
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FREEDOM OF SPEECH
 
Senate Commerce Committee Directs FCC to Examine Internet-Blocking Technologies 
 
The Senate Commerce, Science, and Transportation Committee Aug. 2 approved a substitute bill (S. 602) by voice vote that would direct the Federal Communications Commission to examine advanced blocking technologies for video programming.  The bill was introduced Feb. 15 by Sen. Mark Pryor (D-Ark.).  It finds that video programming has a "direct impact" on a child's perception of safe and reasonable behavior.  Read more ...
 
Other Freedom of Speech news: 
 
·  Court Rules on Anonymous Posting of Business Data
 
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TELECOMMUNICATIONS 
 
Verizon Urges FCC to Declare All VoIP Services Are Interstate 
 
Officials from Verizon wrote to the Federal Communications Commission Aug. 6, requesting that it declare all Voice over Internet Protocol (VoIP) services are "interstate" in nature and subject to federal jurisdiction.  "It is time for the commission to take the natural next step and to confirm that the same pro-competitive, pro-investment principles that it has applied to broadband also apply equally to all VoIP services and providers," the letter stated.  Read more ...
 
Other Telecommunications news: 
 
·  At ABA Meet, Telecom Industry Partisans Slam 'Net Neutrality' as Leap Into Unknown
·  Microsoft Claims 'Broken' Device Led to Unfavorable Interference Rating
·  Nation Needs Policies, Processes to Ensure Successful 'e-Health' Services
 
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PRIVACY & SECURITY 
 
European Commission to Consider Breach Notification for Telecoms, ISPs 
 
The European Commission is considering rules to require telecommunication companies and Internet service providers to notify individuals of certain breaches of their personal data, according to a spokesman for Vivian Redding, commissioner for information society and media.  The commission is reviewing the current regulatory framework for electronic communications and services, including the ePrivacy directive, spokesman Martin Selmayr said Aug. 8.  Read more ...
 
Other Privacy & Security news: 
 
·  VeriSign Notifies 4,000 Workers of Breach; Stolen Laptop Held Their Personal Data
·  Cable Industry Seeks to Overturn FCC Limits on Information-Sharing
 
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TAXATION
 
Rep. Delahunt Introduces Bill Allowing Streamlined Sales Tax Collection Authority 
 
Rep. William Delahunt (D-Mass.) Aug. 3 introduced legislation (H.R. 3396) that would give states that are members of the Streamlined Sales and Use Tax Agreement (SSUTA) collection authority over remote sellers.  The SSUTA gives states a blueprint to create a simplified sales and use tax collection system that removes the burden and cost from sellers.  Currently, an Internet tax moratorium prohibits taxes on Internet access services and multiple or discriminatory taxes on Internet commerce, but does not ban existing sales taxes.  Read more ...

Other Taxation news: 
 
·  One Rate Per State for All Sellers Is Favored for SSUTA, Poll Shows
·  North Carolina Law Conforms to SSUTA Revisions, Defines Bundled Transactions, Gross Sales
·  NCSL Backs Proposed Sales Tax Fairness Bill, Adopts Other Resolutions at Meeting
 
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JURISDICTION & PROCEDURE 
 
Spam Defendants May Not Get E-Service Via E-Mail Addresses of Marketing Affiliates 
 
Defendants charged with sending unsolicited commercial e-mail may be electronically served through e-mail addresses associated with their marketing messages, but not through e-mail addresses belonging to their marketing affiliates, the U.S. District Court for the Northern District of California held July 17 in an unpublished opinion.  The court said that e-mail messages sent to e-mail addresses associated with affiliate web sites were not reasonably calculated to reach the defendants, as required by the Federal Rules of Civil Procedure.  Balsam v. Angeles Technology, Inc., 2007 ILRWeb (P&F) 2273.  Read more ...
 
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Latest Cases 
 
·  Asch Webhosting, Inc. v. Adelphia Business Solutions Investment, LLC, 2007 ILRWeb (P&F) 2243 [D NJ] (Exculpatory clause precluded lost profits claim after termination of Internet access)
·  Balsam v. Angeles Technology, Inc., 2007 ILRWeb (P&F) 2273 [ND Cal] (Spam defendants may not get e-service via e-mail addresses of marketing affiliates)
·  Friskit, Inc. v. RealNetworks, Inc., 2007 ILRWeb (P&F) 2269 [ND Cal] (Suit alleging that the RealOne Player subscription service and Listen's Rhapsody service infringe plaintiff's streaming media and search patents is dismissed on grounds that plaintiff's invention is obvious)
·  Hasan v. Foley & Lardner, LLP, 2007 ILRWeb (P&F) 2277 [ND Ill] (Mere presence of file deletion program does not establish 'damage' under CFAA)
·  H.B. Fuller Co. v. Doe, 2007 ILRWeb (P&F) 1923 [Cal Ct App] (Court rules on anonymous posting of business data)
·  Mann, d/b/a MM Biz v. AFN Investments, Ltd., 2007 ILRWeb (P&F) 2275 [SD Cal] (UDRP decisions deemed appealable under ACPA before actual domain transfer)
·  Merle Norman Cosmetics, Inc. v. Labarbera, 2007 ILRWeb (P&F) 2105 [SD Fla] (Preliminary injunction to enjoin eBay sales of cosmetics denied)
·  Omni Innovations, LLC v. Impulse Marketing Group, Inc., 2007 ILRWeb (P&F) 2271 [WD Wash] ('Assisting' in spam efforts violates CAN-SPAM just as much as 'initiating' spam)
·  Porter v. Bowen, 2007 ILRWeb (P&F) 2411 [9th Cir] (Vote-swapping sites protected by First Amendment)
·  SCO Group, Inc. v. Novell, Inc., 2007 ILRWeb (P&F) 2409 [D Utah] (Novell owns the copyrights to UNIX)
·  Valenite, Inc., In re, 2007 ILRWeb (P&F) 2281 [TTAB] (Board finds web site printouts acceptable evidence of use)
·  Xcentric Ventures, LLC v. Stanley, 2007 ILRWeb (P&F) 2279 [D Ariz] (Actions for defamation and false light invasion of privacy, stemming from an online description of an Internet marketer as an "Internet terrorist" and "shyster," survive motion to dismiss)
 
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Latest Pleadings, Motions, & Briefs 
 
·  Merle Norman Cosmetics, Inc. v. Labarbera (Complaint), 2007 ILRWeb (P&F) 2028 [SD Fla] (Cosmetics manufacturer seeks to halt sales of its product on eBay at discounted prices)
·  UMG Recordings, Inc. v. Augusto (Complaint), 2007 ILRWeb (P&F) 1844 [CD Cal] (Complaint for copyright infringement against eBay seller whose online auctions included sales of promotional CDs)
·  UMG Recordings, Inc. v. Augusto (Answer and Counterclaim), 2007 ILRWeb (P&F) 2404 [CD Cal] (eBay seller claims that first sale doctrine protects him from liability for copyright infringement)
·  Veoh Networks, Inc. v. UMG Recordings, Inc. (Complaint), 2007 ILRWeb (P&F) 2402 [SD Cal] (Video hosting site files complaint for declaratory relief of non-infringement)
 
Search ILR's Pleadings database 

Latest Research from Pike & Fischer

Competitive Analysis: U.S. Mobile Broadband Services Strategies 2007
A number of emerging mobile applications will be significant drivers of revenue growth in the wireless services market. Many of these applications – particularly those that rely on mobile broadband technology -- will redefine the competitive position and strength of key players in the market. This analysis discusses the content, services, and applications employed and planned by the key players in the U.S. wireless market, and assesses the strengths, weaknesses, and potential for success of each. The reort also includes predictions on the competitive dynamics that will result from the emergence of mobile broadband services. AT&T, Sprint Nextel, Verizon, T-Mobile, Alltel, and others are covered. 

Fiber Optic Telecommunications Networks:  Fiber Use Agreements
This book enables attorneys and communications professionals--those that have networks to offer and those that need fiber capacity for the long or short term--to understand fiber optic communications networks and related agreements, and to negotiate and draft common clauses for these agreements.  The book's commentary and model clauses provide theoretical and practical insights into all aspects of the emerging optical fiber environment.

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.  
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