Latest News 
 
INTELLECTUAL PROPERTY
 
First GPL Enforcement Lawsuit Appears Headed for Quick Settlement 
 
A developer of software that drives small electronic devices, released under the Free Software Foundation's GNU General Public License, filed suit for copyright infringement Sept. 19 in the U.S. District Court for the Southern District of New York, alleging that a firmware maker deployed the plaintiff's software in their products without making the source code available to others—a GPL violation.  Several days later, on Sept. 24, the defendant admitted the GPL violation and indicated it would release a GPL-compliant update of allegedly infringing software.  Andersen v. Monsoon Multimedia, Inc. (Complaint), 2007 ILRWeb (P&F) 2612.  Read more ...

Other Intellectual Property news:
 
·  MPAA Ready to Work with Service Providers to Thwart Piracy
·  Web 2.0 Companies Turning to Tech to Combat Infringement, Panelists Say
·  Infringement Action Based on Marketing Site's Contents Survives Summary Judgment
 
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INTERNET COMMERCE 
 
N.Y. Attorney General Subpoenas Facebook Seeking Information About Sexual Predators 
 
New York Attorney General Andrew M. Cuomo (D) subpoenaed Facebook Sept. 24, in connection with an ongoing investigation by his office into the site's safety controls and the company's response to complaints about sexual predators.  Cuomo said the company may be violating the deceptive business practices and fraud provisions of the state General Business and Executive laws by claiming to users and their parents that the site is safe and secure.  Read more ...
 
Other Internet Commerce news: 
 
·  EC's Kroes Blasts DOJ's Barnett for Faulting EU Court Ruling Backing EC Microsoft Order
·  Tasting Targeted in Domain Group's New Code
·  ICANN Solicits Comments on Strategic Direction, Promises More Focus on End Users
·  Statute Requiring State License for Internet Lenders Survives Commerce Clause Challenge
·  U.S. Forwards Offers for Compensation in Gambling Dispute, Sets New Talks Deadline
 
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FREEDOM OF SPEECH
 
Message Board Operator Has CDA Immunity from Suit Over Defamatory Post 
 
An online message board operator enjoys immunity from lawsuit, under the Communications Decency Act, arising from a third-party's allegedly defamatory posts to the message board, the U.S. Court of Appeals for the Third Circuit held Sept. 19 in a brief opinion designated as unpublished.  Defendant Tucker Max operated a web site that allows users to write comments on various topics on message boards. The plaintiff sued Max for defamation for publishing a user's allegedly disparaging statements about the plaintiff stemming from a New Year's Eve party.  DiMeo v. Max, 2007 ILRWeb (P&F) 2635.  Read more ...
 
Other Freedom of Speech news: 
 
·  Single Publication Rule Applies to Civil Rights Dispute Over Photos' Web Appearance
·  Publishers Fret Over Roommates.com Case, Devise New Tactics to Keep Liability at Bay
 
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TELECOMMUNICATIONS 
 
FCC Requests Feedback on Proposals Seeking Spectrum for Broadband Services 
 
The Federal Communications Commission Sept. 19 asked for public comments on the best use of the spectrum in the 2155-2175 MHz band, which is being sought for the development of new broadband services.  In a notice of proposed rulemaking, the FCC sought comment on various questions, including whether to auction the spectrum, authorize unlicensed use of the spectrum, or adopt some other alternative licensing approach.  In addition, the commission asked for comments on different proposals submitted by seven parties that previously filed applications to operate in the 2155-2175 MHz band and whose applications were dismissed without prejudice on Aug. 31.  Read more ...
 
Other Telecommunications news: 
 
·  Microsoft Submits New Studies Showing White Spaces Devices Work
·  Rural Broadband Subscriptions Increasing 'Dramatically,' NTCA Says
 
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PRIVACY & SECURITY 
 
Senators Introduce Legislation to Limit 'National Security Letters' 
 
A bipartisan group of senators Sept. 25 introduced legislation to restrict the FBI's ability to obtain sensitive personal data under the USA PATRIOT Act.  The measure  would place new limitations on national security letters (NSLs), which allow the FBI to compel businesses to turn over a variety of records without court approval, including customer information from telephone and Internet service providers, financial institutions, and consumer credit companies.  Read more ...
 
Other Privacy & Security news: 
 
·  Publisher of Internet Retailing Magazine Notifies Customers After Hacking Incident
·  EU Data Supervisor Expresses Concern Over Ministers' Dilution of Data Protection
·  TJX Announces Settlement to Resolve Class Claims Over Computer Intrusion
 
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TAXATION
 
Senators Urge Permanent Internet Tax Ban; Reid Declares His Support for 'Continuation' 
 
A group of GOP senators Sept. 20 called on Congress to act quickly to pass legislation to put in place a permanent ban on Internet taxes as expiration of the current moratorium nears.  At a Capitol Hill news conference, Sens. John Sununu (N.H.), John McCain (Ariz.), and Trent Lott (Miss.) urged support for the Permanent Internet Tax Freedom Act of 2007, S. 156, first unveiled Jan. 4.  Separately, Senate Majority Leader Harry Reid (D-Nev.) Sept. 20 released a statement saying he would support a "continuation" of the moratorium, but did not specify whether he would back a permanent ban.  Read more ...

Other Taxation news: 
 
·  NCSL Task Force Restates Support for Separate Digital Goods Definition
·  Inouye Sets Sept. 27 Markup of Internet Tax Freedom Act
·  Streamlined Sales Tax Governing Board Approves New Digital Goods Definitions
·  Streamlined Sales Tax Board Fails to Reach Accord on New Sourcing Rules
 
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JURISDICTION & PROCEDURE 
 
Law Firm's Informational Web Site Was Not Conducting Business in Forum 
 
Posting a web site featuring information about a New Hampshire law firm accessible by individuals in Texas is an insufficient basis for a Texas court to assert general jurisdiction over the firm, the Texas Court of Appeals, Fourteenth District, held Sept. 11.  The plaintiffs in this case were Texas residents who hired New Hampshire attorney Suzanne M. Weldon in 1998 to set up a trust for their vacation home located in New Hampshire.  They later pursued an action against the attorney for malpractice that allegedly occurred when the attorney set up the trust.  Weldon-Francke v. Fisher, 2007 ILRWeb (P&F) 2627.  Read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Informational Web Site Does Not Establish 'Minimum Contacts' for General Jurisdiction
 
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CRIMINAL LIABILITY 
 
Search of Probationer's External Hard Drive OK'd 
 
A state probation officer monitoring compliance with a probation condition limiting Internet access acted reasonably under the Fourth Amendment when he searched an external hard drive associated with a probationer's home computer and found images of child pornography, the U.S. Court of Appeals for the Sixth Circuit held Aug. 31.  The Tennessee probationer was subject to the state parole board's sex offender directives, which include a condition telling probationers that they "will not have Internet access on your computer unless permission for Internet capability has been approved in writing by your Officer."  United States v. Herndon, 2007 ILRWeb (P&F) 2495.  Read more ...
 
Other Criminal Liability news: 
 
·  Former Computer Worker Pleads Guilty to Attempted Attack on Medco Servers
 
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Latest Cases 
 
·  Actelion Pharmaceuticals, Ltd. v. Hackard & Holt, 2007 ILRWeb (P&F) 2629 [WIPO] (Law firm's use of a domain name incorporating name of a trademarked drug for purposes of soliciting clients is not a use in connection with a bona fide offering of services)
·  Atlantic Recording Corp. v. Andersen (Magistrate's Findings and Recommendation), 2007 ILRWeb (P&F) 2639 [D Ore] (Defendant, a prevailing party following RIAA's dismissal of a P2P infringement suit, is entitled to an award of attorney's fees)
·  Baude v. Heath, 2007 ILRWeb (P&F) 2513 [SD Ind] (Indiana's regulatory scheme, which restricts the ability of out-of-state wineries to sell their products to Indiana residents by telephone or over the Internet, is upheld in part and is unconstitutional in part)
·  ConsulNet Computing, Inc. v. Moore, 2007 ILRWeb (P&F) 2631 [ED Pa] (Advertisement offering to set up "worry-free" web site is mere puffery; no grounds for Lanham Act claim)
·  David W. Bernberg, LLC v. Snow, 2007 ILRWeb (P&F) 2509 [ED La] (Informational web site does not establish 'minimum contacts' for general jurisdiction)
·  DiMeo v. Max, 2007 ILRWeb (P&F) 2635 [3d Cir] (CDA immunizes message board operator from liability for defamation)
·  Elders Ltd. v. Private Company, 2007 ILRWeb (P&F) 2637 [WIPO] (Good faith registration of domain name by franchisee is not negated by subsequent bad faith use of the domain after the termination of the franchise)
·  JustMed, Inc. v. Byce, 2007 ILRWeb (P&F) 2511 [D Idaho] (Source code developer was employee, so source code was "work made for hire")
·  Propet USA, Inc. v. Shugart (Order Denying Plaintiff's Second Motion for Summary Judgment), 2007 ILRWeb (P&F) 2643 [WD Wash] (Plaintiff fails to establish that caselaw interpreting shrinkwrap and clickwrap agreements is inapplicable to photographer's delivery of film to plaintiff in a sealed package that bore a notice indicating that use of the film was subject to the terms of a "film delivery memo")
·  Quik Payday, Inc. v. Stork, 2007 ILRWeb (P&F) 2633 [D Kan] (Statute requiring state license for Internet lenders survives commerce clause challenge)
·  Shatriya v. Gilden, 2007 ILRWeb (P&F) 2507 [NY Sup Ct] (Single publication rule applies to civil rights dispute over photos' web appearance)
·  TJX Companies Retail Security Breach Litigation, In re (Settlement Agreement), 2007 ILRWeb (P&F) 2641 [D Mass] (TJX announces settlement to resolve class claims over computer intrusion)
·  United States v. Herndon, 2007 ILRWeb (P&F) 2495 [6th Cir] (Search of probationer's external hard drive OK'd)
·  Weldon-Francke v. Fisher, 2007 ILRWeb (P&F) 2627 [Tex Ct App] (N.H. law firm's web site is passive, informational; no basis for Texas court to exercise general jurisdiction)
 
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Latest Pleadings, Motions, & Briefs 
 
·  American Airlines, Inc. v. Google, Inc. (Defendant Google's Motion to Dismiss Complaint and Brief in Support Thereof), 2007 ILRWeb (P&F) 2610 [ND Tex] (Google moves for dismissal of action challenging its sale of trademarks as keywords that trigger online advertisements)
·  Andersen v. Monsoon Multimedia, Inc. (Complaint), 2007 ILRWeb (P&F) 2612 [SD NY] (Copyright infringement lawsuit based on a violation of the GNU General Public License)
·  Murray v. Alulim Willow Property Group, LLC (Civil Complaint), 2007 ILRWeb (P&F) 2426 [D Md] (Individuals who responded to fraudulent online job postings sue scam artist for breach of contract, fraud, violations of the Stored Communications Act, and other claims)
 
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Latest Research from Pike & Fischer

Video-on-Demand Usage: Projections & Implications - Coming Soon
Service providers are now eager to develop new business models for on-demand services. Comcast, for example, has had talks with some Hollywood studios about the possibility of delivering movies on demand on the same day they are released in theaters. Some executives project that multichannel video will eventually become all on-demand. This Market Intelligence Brief provides some current statistics on VOD usage, outlines the VOD strategies of the top multichannel video providers, and projects the growth of video-on-demand consumption over the next five years – and what that will mean in terms of revenue opportunities.  We conclude that VOD will represent substantially less than half of all TV viewing per household on a monthly basis by 2012.

Market Intelligence Brief: Location-based Services for the Mobile Market
The integration of GPS navigation services with social networking applications, rich media, and user-generated content will create a host of easily monetized location-based services (LBS). But the top five U.S. wireless carriers have yet to implement a comprehensive and value-added LBS strategy. Nevertheless, our forecasts suggest that by 1Q 08, the market will witness the widespread use of applications that allow users to locate points of interest based upon customized profiles, as well as track and interact with other like-minded users. This market brief will analyze the current LBS strategies of the top five US mobile carriers, AT&T, Verizon, Sprint-Nextel, T-Mobile, and Alltel; as well as emerging LBS technologies, Mobile Web 2.0 integration, and industry standards. Lastly, this brief will examine prospective LBS service models and provide relevant competitive, revenue, and market analysis.

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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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