Weekly
Alert
August 22, 2007
Web 2.0 Legal Forum Will
Include Discussion on Creating Solid
Protections
Latest
News
· Intellectual Property
· Internet Commerce
· Telecommunications
· Privacy & Security
·
Taxation
·
Criminal
Liability
Latest
Cases
Latest Pleadings,
Motions, & Briefs
Latest Research from Pike
& Fischer
Events &
Conferences
Internet Law
Attorney Directory
Subscription
Information
Web
2.0 Legal Forum Will Include Discussion on Creating Solid
Protections
During
the Creating Solid Protections panel, one of five
interactive discussions at Pike & Fischer's Legal
Risk Management in the Web 2.0 World to be held
Sept. 18, experts will offer insights on crafting sound
business plans, end-user agreements, terms of service, privacy policies
and parental controls for social media sites. Broadband service providers
will also receive guidance on due diligence when launching, partnering
with or acquiring a social networking site. Laurie C.
Self of Covington & Burling LLP will lead the panel
discussion and will be joined by:
· Chris Kelly - VP & Chief Privacy Officer,
Facebook
· Mary Hodder - Founder & Chairman, Dabble
· Jonathan D. Hart - Partner, Dow Lohnes PLLC
· Audrey Haroz Reed - Partner, Hogan &
Hartson LLP
· Mark Uncapher - Sr. VP & Counsel,
Information Technology Association
of America
View
the full program for a detailed rundown of all panels and
participating faculty, and find out who's
already coming.
Register
today! Group, government, non-profit and
academic rates also available.

Latest News
INTELLECTUAL
PROPERTY
Novell, Declared Owner of Copyrights in
UNIX, Wins on Slander of Title Claim
Novell, Inc. did not transfer the
copyrights in the UNIX computer software system as part of a development
deal and is entitled to summary judgment on a claim asserting that it made
false public statements of copyright ownership, the U.S. District Court
for the District of Utah ruled Aug. 10. Granting Novell summary
judgment on a slander of title claim brought by the successor to the other
party to the agreement, the court stressed that Novell never transferred
its copyrights and thus could not be liable for falsely claiming
ownership. SCO Group, Inc. v. Novell, Inc., 2007 ILRWeb (P&F)
2409. Read
more ...
Other
Intellectual Property news:
· Online
Innovation Seen Adding to Mix of Legal Issues Weighed by Tech Counsel
· Publicity
Claim Against Owner of Rights in Photos Was Not Preempted by Copyright
Act
· Google
Spain Facing Complaints Over Mixing Search Results, Sponsored
Ads
Search ILR's Intellectual
Property database

INTERNET COMMERCE
Unconscionable Class Action
Waiver Renders Click-Through Arbitration Agreement
Invalid
A mandatory arbitration clause in a click-through agreement
is unenforceable when it incorporates an unconscionable class action
waiver, the U.S. District Court for the Northern District of California
held Aug. 10. The court said that a class action waiver presented
within a web-based contract of adhesion violated California's "fundamental
policy" of allowing class action law suits. The court accordingly
denied a motion to enforce the agreement and compel arbitration.
Oestreicher v. Alienware Corp., 2007 ILRWeb (P&F)
2419. Read
more ...
Other Internet
Commerce news:
· FTC
Obtains $1.2 Million Settlement to Halt Unauthorized Charges on Phone
Bills
· Commercial
Lawyers Offer Recommendations to Cope with Douglas E-Contracting
Ruling
· Intel
Corp., Physicians Groups, Insurers Starting Health Care Technology Think
Tank
· Online
Sales Increase 6.4 Percent in Second Quarter, Census Bureau Says
· Office
of Fair Trading Faults Airlines for Omitting Taxes in Web Site Prices
· Adult
Videotext Defendants Relinquish Claims to $1.6 Million to Settle FTC
Case
· Group
Criticizes NZ Banking Code Over 'Unfair' Customer Liability
Burdens
Search ILR's Internet
Commerce database

TELECOMMUNICATIONS
FCC Moves to Deny Application to Build
Free Broadband Network
The office of Federal Communications
Commission Chairman Kevin Martin circulated a draft order Aug. 10 to deny
the application of M2Z Networks, Inc. to build a free, nationwide wireless
broadband network in the 2155-2175 MHz band. The order, however, was
only circulated after the company said it would assert that the FCC failed
to act on its application within the one-year deadline set under Section 7
of the Communications Act, according to a company attorney. Read
more ...
Other
Telecommunications news:
· Battle
for 'White Spaces' Intensifies Between Broadcasters, Tech Industry
· In
Broadband Access Battle, Experts Point Specially to Speed, Access, State
Involvement
Search ILR's
Telecommunications database

PRIVACY & SECURITY
No New Privacy Legislation Needed for
E-Records, Internet Leader Says
No new privacy legislation is needed to
facilitate the development and implementation of electronic medical
records, David McClure, president and chief executive officer of the U.S.
Internet Industry Association (USIIA) said Aug. 14. McClure's
comment came during a conference call with reporters on a report outlining
new procedures and policies that should be adopted to speed the
implementation of various e-health initiatives. Read
more ...
Other Privacy
& Security news:
· Reid
Presses Committee Chairmen for Long-Term Wiretap Legislation
· Democratic
Leaders Press Bush for Surveillance-Related Documents
· Center
for Information Policy Names Board; Members to Lead on Specific Privacy
Issues
· Court
Must Review Official's E-Mail Before Release
· White
House Delays Compliance with Request for Wiretap Documents
·
Massachusetts
Governor's Breach Notice, Freeze Bill Amendment OK'd by Legislature
· CDT
Report Lauds Search Site Privacy Moves; Some Are Unimpressed, Citing
Financial Ties
· U.K.
Data Office Publishes Draft Framework on Personal Information Sharing
Practices
Search ILR's Privacy
& Security database

TAXATION
Class Action Settlement Directs
BellSouth to Refund Tax Collected on Internet
Service
Under the terms of an $8.2 million class action settlement,
a federal judge has ordered BellSouth to repay, with interest, Kentucky
sales tax assessed on its Internet service between 1999 and 2006.
U.S. District Court Judge John Heyburn ordered the settlement, minus
attorneys' fees and other expenses, to be split among 153,718 residential
customers and 23,279 businesses, resolving a fraudulent tax lawsuit
brought by a Kentucky consumer in December 2004. Clark v.
BellSouth Telecommunications, Inc., 2007 ILRWeb (P&F)
2425. Read
more ...
Other
Taxation news:
·
Louisville
Lawsuit Against Online Hotel Firms for Unpaid Transient Room Taxes to
Proceed
· Nevada
Plans to Re-Petition for Membership in SSUTA Panel
· Business
Taxpayers Get Warning from DOR About 'Website Rip-Off'
· Online
Reservation Companies Delaying Occupancy Tax Cases, Cities, Counties
Say
Search ILR's Taxation
database

CRIMINAL LIABILITY
Russian Court Rejects Charges Against
Former Music Download Web Site Boss
A Russian court Aug. 15 dismissed a
criminal case against the former head of a controversial music download
web site, allofmp3.com. Cheryomushkinsky district court rejected
charges against Denis Kvasov, former head of MediaServices, which operated
the allofmp3.com web site. The prosecution claimed that Kvasov
infringed on copyright protection, and thereby violated Article 146 of the
Russian Criminal Code. On July 23, the prosecution demanded a
three-year prison sentence for him. Read
more ...
Search ILR's Criminal
Liability database

Latest Cases
· Brown v. ACMI Pop Division, 2007
ILRWeb (P&F) 2415 [Ill App Ct] (Publicity claim against owner of
rights in photos was not preempted by Copyright Act)
· Clark v. BellSouth Telecommunications,
Inc., 2007
ILRWeb (P&F) 2425 [WD Ky] (Class action settlement directs
BellSouth to refund tax collected on Internet service)
·
Facebook, Inc. v. ConnectU LLC, 2007
ILRWeb (P&F) 2417 [ND Cal] (Conduct expressly aimed at Internet
company satisfies Calder effects test, even without knowledge of
company's geographic location)
· Federal Trade
Commission v. Verity International, Ltd. (Stipulated Final Monetary
Judgment on Remand), 2007
ILRWeb (P&F) 2421 [SD NY] (Adult videotext defendants relinquish
claims to $1.6 million to settle FTC case)
· Federal
Trade Commission v. WebSource Media, L.L.C. (Stipulated Final Judgment as
to WebSource Media, et al.), 2007
ILRWeb (P&F) 2285 [SD Tex] (FTC obtains $1.2 million settlement to
halt unauthorized charges on phone bills)
· Instant
Media, Inc. v. Microsoft Corp., 2007
ILRWeb (P&F) 2423 [ND Cal] (Preliminary injunction denied in case
challenging Microsoft's use of "i'm" mark for a philanthropic marketing
program available to users of its instant messaging service)
·
Louisville/Jefferson County, Ky., Metro Government v. Hotels.com
LP, 2007
ILRWeb (P&F) 2427 [WD Ky] (Louisville lawsuit against online hotel
firms for unpaid transient room taxes to proceed)
·
Oestreicher v. Alienware Corp., 2007
ILRWeb (P&F) 2419 [ND Cal] (Arbitration clause appearing in online
Terms & Conditions is unenforceable)
· Pulaski
County v. Arkansas Democrat-Gazette, Inc., 2007
ILRWeb (P&F) 2287 [Ark Sup Ct] (Court must review official's
e-mail before release)
· SCO Group, Inc. v. Novell,
Inc., 2007
ILRWeb (P&F) 2409 [D Utah] (Novell, declared owner of copyrights
in UNIX, wins on slander of title claim)
· Service Rules
for the 698-746, 747-762 and 777-792 MHz Bands, In re (Second Report and
Order), 2007
ILRWeb (P&F) 2283 [FCC] (Commission establishes rules governing
wireless licenses in the 698-806 MHz Band)
· Tunica Web
Advertising v. Tunica Casino Operators Association, Inc., 2007
ILRWeb (P&F) 2413 [5th Cir] (District court erred in determining
whether casinos' refusal to deal with a web advertiser was a per se
violation of the Sherman Antitrust Act)
Search ILR's Cases
database

Latest Pleadings, Motions, & Briefs
· American
Airlines, Inc. v. Google, Inc. (Complaint), 2007
ILRWeb (P&F) 2408 [ND Tex] (Action challenging Google's sale of
trademarks as keywords that trigger online advertisements by
competitors)
· Andersen
v. Atlantic Recording Corp. (First Amended Complaint), 2007
ILRWeb (P&F) 2406 [D Ore] (Class action lawsuit against the RIAA
for malicious prosecution by folks accused of copyright infringement via
P2P networks)
·
Football Association Premier League Ltd. v. YouTube, Inc.
(Defendants' Answer), 2007
ILRWeb (P&F) 2224 [SD NY] (In response to copyright infringement
suit, YouTube asserts that it "fulfills its end of the DMCA
bargain")
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: Construction Contracts
This second volume of James Booth's treatise on fiber optic
telecommunications networks will assist owners and contractors in
preparing clear and viable contracts for the construction of elements of
telecommunications systems. The author discusses the important elements of
a construction contract from both the owner's perspective and the
contractor's perspective, and offers alternate clauses to suit the varying
needs of individual owners and contractors. The key elements of fiber
optic construction agreements--from achieving clarity in describing the
work to be performed to providing fairness and security in the termination
clause--are covered in clear, easy to adopt text and incisive explanatory
comments.
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
View all Events & Conferences

Internet Law Attorney Directory
Find a lawyer ... Add a
listing
Many of your colleagues have already
added their names to Pike & Fischer's Internet Law Attorney
Directory! Isn't
it time to add yours? ILR subscribers are entitled to one
complimentary premium listing per account. Additional listings
and listings by non-subscribers can be purchased for $49.99 (or $69.99 for
a premium boldfaced listing).
Use this form to submit your complimentary or paid listing
today!

Subscription Information
In order to receive your own copy of Internet Law
& Regulation's Weekly Alert, please fill out the
Weekly Alert sign-up form.
Also, invite colleagues to request a trial to ILR. For additional
information, contact customercare@pf.com.
To unsubscribe, do not reply to this
message. Instead, please use the unsubscribe feature at the bottom of this
email.