Wednesday, August 22, 2007 ILR Home Page

Weekly Alert  
 
August 22, 2007 
 
Web 2.0 Legal Forum Will Include Discussion on Creating Solid Protections
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Intellectual Property
· 
Internet Commerce
·  Telecommunications
· 
Privacy & Security
· 
Taxation
·  Criminal Liability
Latest Cases
Latest Pleadings, Motions, & Briefs
Latest Research from Pike & Fischer 
Events & Conferences
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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

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