Latest News 
 
INTELLECTUAL PROPERTY
 
URAA Provision Restoring Copyright to Foreign Works Subject to First Amendment 
 
A provision of the Uruguay Round Agreements Act of 1994 that granted copyright protection to certain foreign works that had fallen into the public domain in the United States but were still subject to copyright protection in their countries of origin had, by "altering the traditional contours" of copyright law, impacted the free speech rights of members of the public and should be subject to scrutiny under the First Amendment, the U.S. Court of Appeals for the 10th Circuit ruled Sept. 4.  Golan v. Gonzales, 2007 ILRWeb (P&F) 2603.  Read more ...

Other Intellectual Property news: 
 
·  Copyright Legislation Discouraged Absent Broader View of Fair Use's Economic Value
·  Court Stays Ban on Imports of Qualcomm-Powered Handsets
·  To Better Serve Artists, Performance Right Must Reach Beyond Webcasting, Panel Says
·  'Normalization' of Software Patents Foretells Acceptance of Business Method Patents
 
Search ILR's Intellectual Property database

INTERNET COMMERCE 
 
European Court of First Instance Backs Commission Antitrust Ruling Against Microsoft 
 
In a landmark ruling that reaffirms the European Union antitrust regulator's power to prevent companies from abusing their dominant market position, the European Court of First Instance Sept. 17 overwhelmingly rejected an appeal by Microsoft to overturn a 2004 decision [2004 ILRWeb (P&F) 3227] by the European Commission accusing the world's leading software company of using its Windows operating system to corner the market in audio-visual and work-group server software.  Microsoft Corp. v. Commission of the European Communities, 2007 ILRWeb (P&F) 2623.  Read more ...
 
Other Internet Commerce news: 
 
·  Court Order Would Offer Consumers Relief, Redress from Recurring Pop-Ups
·  Microsoft May Have Breached User Pact, but Liability Clause Requires Actual Damages
·  Frequent Online Purchaser Charged with Knowledge of Site Terms of Use
·  Electronic Receipt Appearing on Computer Screen Qualifies as 'Printed' in FACTA Case
·  Win Against Microsoft Clears Way for EC Action on Other Complaints
·  Contract Terms Made Available Through Web Site Held Binding, Whether or Not Read
 
Search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Student Blog Treated as On-Campus Speech; Vulgar Remarks Punishable by Activity Ban 
 
A ban on running for student government, imposed as a sanction for vulgar remarks urging students to contact school administrators written by a student on her blog, likely did not violate the First Amendment, the U.S. District Court for the District of Connecticut held Aug. 31.  The court classified the student's blog as on-campus speech because it "interfered with the school's highly appropriate function . . . to prohibit the use of vulgar and offensive terms in public discourse," and because its effects were primarily designed to be felt on-campus.  Doninger v. Niehoff, 2007 ILRWeb (P&F) 2499.  Read more ...
 
Other Freedom of Speech news: 
 
·  Court Scores Attempt to Plead Around CDA, Allows Rule 11 Sanctions Against Plaintiff
·  Reinterpretation of CDA 'Critical' to Web 2.0's Future, Say Lawyers
 
Search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Verizon Taking FCC to Court Over Open Access Auction Rule 
 
Verizon Wireless filed suit Sept. 10 in the U.S. Court of Appeals for the District of Columbia Circuit challenging one of the Federal Communications Commission's new rules governing its upcoming auction of spectrum in the 700 MHz band.  The provision being challenged would require the licensee of a large 22 MHz block of the spectrum to abide by "open access" conditions that would require its network to be open to any device or application.  It was proposed by FCC Chairman Kevin Martin but drew substantial opposition from GOP lawmakers and other Republicans, including FCC Commissioner Robert McDowell.  Cellco Partnership, d/b/a Verizon Wireless v. Federal Communications Commission (Petition for Review), 2007 ILRWeb (P&F) 2606.  Read more ...
 
Other Telecommunications news: 
 
·  Qwest Withdraws Forbearance Petition After FCC Proposal Proves Unacceptable
·  FCC Adopts E-911, 800 MHz Rules to Address Public Safety Concerns
·  Industry-Funded Study Tells EC Unbundling Telecom Would Slow Innovation Investment
·  Proponents of Net Neutrality Worry Telcos Will Put Commercial Radio Blandness Online
 
Search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Google Privacy Official Calls for Updated Global Standards for Online Data Protection 
 
Internet search engine Google favors new, updated international standards for the protection of online data, Peter Fleischer, global privacy counsel for the California-based company, said Sept. 14 in a post to the company's blog and in a speech in France.  Fleischer said in the post that rapidly changing technology has made current data privacy guidelines, including the European Union Data Directive (94/46/EC), outmoded.  The post recapped a speech Fleischer made earlier in the day to a conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO) in Strasbourg.  Read more ...
 
Other Privacy & Security news: 
 
·  California Lawmakers Approve Changes to Breach Law, Stall on RFID Use Limits
·  Virginia Panel Urges E-Health Incentives
·  Privacy Advocates Wary Over Google's Call for International Online Data Standards
·  Hacking at Online Brokerage Firm Ameritrade Exposes Information of 6 Million Customers
·  New Surveillance Law Will Not Be Used to Access Business Records, DOJ Says
 
Search ILR's Privacy & Security database 

TAXATION
 
Debate Over Internet Access Tax Moratorium Gaining Steam as November Expiration Nears 
 
The debate over extension of the Internet access tax moratorium is gaining momentum as its November expiration date nears, actions by stakeholders and lawmakers showed Sept. 12.  Sen. Ted Stevens (R-Alaska) Sept. 12 urged on the Senate floor that the ban be made permanent and called on colleagues in both houses of Congress to support legislation to do so.  The same day, the Center on Budget and Policy Priorities attempted to deflate arguments that eliminating taxes on Internet access is key to getting more households online and encouraging companies to make broadband Internet more widely available.  Read more ...

Other Taxation news: 
 
·  SSUTA Panel Recommends Membership for Three States, Defers Decision on Nevada
·  Internet Service Provider Not Entitled to Refund of Sales Taxes, Court Rules
·  Panel Participants Express Anxiety, Optimism, as Internet Tax Moratorium Deadline Looms
·  Direct Marketing Group Opposes SSUTA Alternate-Sourcing Proposal
·  Taxpayer Groups Urge Congress to Pass Permanent Federal Ban on Internet Taxes
 
Search ILR's Taxation database

CRIMINAL LIABILITY 
 
CSI Security Poll Reports Upswing in Monetary Losses from Cybercrime 
 
After five years of decline, the average estimated losses due to cybercrime took a "significant upswing" in 2006, the Computer Security Institute reported Sept. 18.  Releasing its 12th annual computer crime and security survey, CSI reported that the average loss per respondent more than doubled to $345,005 from $167,713 the year before.  While average losses still are well below the peak year of 2002, developments within the criminal world made it "inevitable that the gains made would be given up with the arrival of newer, more insidious threats," the report stated.  Read more ...
 
Search ILR's Criminal Liability database 

Latest Cases 
 
·  America Online, Inc. v. Commonwealth of Pennsylvania, 2007 ILRWeb (P&F) 2621 [Pa Comw Ct] (Internet service provider not entitled to refund of sales taxes)
·  Conference America, Inc. v. Conexant Systems, Inc., 2007 ILRWeb (P&F) 2625 [MD Ala] (Contract terms made available through web site held binding, whether or not read)
·  Doninger v. Niehoff, 2007 ILRWeb (P&F) 2499 [D Conn] (Student blog treated as on-campus speech; vulgar remarks punishable by activity ban)
·  Druyan v. Jagger, 2007 ILRWeb (P&F) 2503 [SD NY] (Frequent online purchaser charged with knowledge of site terms of use)
·  Energy Automation Systems, Inc. v. Xcentric Ventures, LLC, 2007 ILRWeb (P&F) 2295 [MD Tenn] (Court scores attempt to plead around CDA, allows Rule 11 sanctions against plaintiff)
·  Federal Trade Commission v. Digital Enterprises, Inc. (Settlement Agreement and Stipulated Final Order), 2007 ILRWeb (P&F) 2619 [CD Cal] (Court order would offer consumers relief, redress from recurring pop-ups)
·  Golan v. Gonzales, 2007 ILRWeb (P&F) 2603 [10th Cir] (Eldred forecloses challenge to CTEA; URAA provision, which removes works from the public domain, demands First Amendment scrutiny)
·  Greenberg v. National Geographic Society (Order Granting Rehearing En Banc), 2007 ILRWeb (P&F) 2505 [11th Cir] (Rehearing granted in case involving effect of Tasini decision)
·  Johnson v. Microsoft Corp., 2007 ILRWeb (P&F) 2501 [WD Wash] (Microsoft may have breached user pact, but liability clause requires actual damages)
·  Microsoft Corp. v. Commission of the European Communities, 2007 ILRWeb (P&F) 2623 [Ct First Inst EC] (European Court of First Instance backs Commission antitrust ruling against Microsoft)
·  Vasquez-Torres v. Stubhub, Inc., 2007 ILRWeb (P&F) 2297 [CD Cal] (Electronic receipt appearing on computer screen qualifies as 'printed' in FACTA case)
 
Search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Andersen v. Atlantic Recording Corp. (Memorandum in Support of Motion to Dismiss Plaintiff's First Amended Complaint), 2007 ILRWeb (P&F) 2608 [D Ore] (RIAA seeks dismissal of class action lawsuit on grounds of improper claim splitting)
·  Cellco Partnership, d/b/a Verizon Wireless v. Federal Communications Commission (Petition for Review), 2007 ILRWeb (P&F) 2606 [DC Cir] (Verizon Wireless files suit challenging one of the FCC's new rules governing its upcoming auction of spectrum in the 700 MHz band)
 
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.