Latest News 
 
INTELLECTUAL PROPERTY
 
Google Launches YouTube Video Identification Tool 
 
Google, Inc. on Oct. 15 announced the launch in beta form of YouTube Video Identification, a tool for allowing copyright owners to more easily identify their content and manage how it is made available on YouTube.  According to a statement on the Official Google Blog, Video Identification "goes above and beyond" the company's legal responsibilities.  "It will help copyright holders identify their works on YouTube, and choose what they want done with their videos: whether to block, promote, or even--if a copyright holder chooses to license their content to appear on the site--monetize their videos," the statement said.  Read more...

Other Intellectual Property news:
 
·  Professor-Creators of University Software Denied Later Asserted Copyright Ownership
·  Trademarks in Metatags, Linked Advertising Again Held Not Actionable Under Lanham Act
·  AP Sues Verisign, Moreover Tech; Says They Lift Stories from Web Sites
·  Facilitating Creation, Access to Legitimate Material Key in War on Piracy, Panelists Say
·  Ad Campaign Encourages Young Innovators
·  Digitized Tax Maps Are Sufficiently Original to Be Protected by Copyright
 
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INTERNET COMMERCE 
 
Web Site Terms of Use Enforceable Against Site User with Notice of Them 
 
Users of an airline's web site were bound by the web site terms of use, the availability of which was mentioned in a hyperlink at the bottom of the site's home page, the U.S. District Court for the Northern District of Texas held Sept. 12.  Holding that the BoardFirst flight check-in service violated Southwest Airlines's terms of use prohibiting third-party commercial uses of the site, Judge Jane J. Boyle issued a permanent injunction prohibiting BoardFirst from using the Southwest Airlines web site in violation of its terms.  Southwest Airlines Co. v. BoardFirst, L.L.C., 2007 ILRWeb (P&F) 2693.  Read more ...
 
Other Internet Commerce news: 
 
·  International Spamming Enterprise Faces Court-Ordered Halt of Weight-Loss E-Mails
·  Software Expectations Not in License Agreement No Grounds for Breach Action
·  U.S. to Seek WTO Panel Ruling on China's Media Distribution, Download Restrictions
·  Circumstantial Evidence of Boycott Sufficient to Survive Summary Judgment
·  FTC Challenges Claims by Online Sellers of Alternative Hormone Replacement Therapy
·  Article 29 Working Party to Discuss Google-DoubleClick Deal in December
·  Deleting Files on Employer-Provided Laptop Does Not Constitute 'Unauthorized Access'
·  Traveler Bound by Click-Through Deal Assented to by Her Traveling Companion
·  IGO-Centered Dispute Resolution Process Slated for More Discussion at ICANN Meeting
 
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FREEDOM OF SPEECH
 
Roommates.com Granted En Banc Rehearing; Controversial Holding No Longer Precedential 
 
The U.S. Court of Appeals for the Ninth Circuit decided Oct. 12 to rehear en banc a high-profile decision holding a roommate-matching web site ineligible for immunity under the Communications Decency Act based on the site's participation in the creation of user profiles.  The case, Fair Housing Council of San Fernando Valley v. Roommates.com, LLC, 22 ILR (P&F) 569, 489 F3d 921 (9th Cir May 15, 2007), involved a roommate-matching web service that asked prospective users to fill in a prepared questionnaire in order to build an online profile. Fair Housing Council of San Fernando Valley v. Roommates.com, LLC (Order Granting Rehearing En Banc), 2007 ILRWeb (P&F) 2817.  Read more ...
 
Other Freedom of Speech news: 
 
·  Link to Web Site on School Poster Is Likely Protected Speech
 
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TELECOMMUNICATIONS 
 
Court Denies Appeal of FCC Order Deregulating DSL Broadband Service 
 
The U.S. Court of Appeals for the Third Circuit Oct. 16 denied a petition by the cable industry to review a Federal Communications Commission order classifying digital subscriber line (DSL) broadband service an "information" service subject to light regulation.  In August 2005, the FCC adopted the controversial order [18 ILR (P&F) 724] that put DSL service on an equal regulatory footing with cable modem service.  The order was consistent with the U.S. Supreme Court's decision in Brand X that cable modem service is an information service, as opposed to a communications service.  Time Warner Telecom, Inc. v. Federal Communications Commission, 2007 ILRWeb (P&F) 2821.  Read more ...
 
Other Telecommunications news: 
 
·  House Panel Approves Two Bills on Broadband Availability, VoIP E-911
·  Martin Defends Auction Rules to House Small Business Committee
·  FCC Spectrum Reserve Prices Set Too High, Economists Argue
·  U.S. Delegation Head Notes Priorities for 2007 WRC Conference in Geneva
·  Divided FCC Grants AT&T Partial Deregulation of Services
 
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PRIVACY & SECURITY 
 
New York AG Reaches Agreement with Facebook on Online Child Safety 
 
New York Attorney General Andrew M. Cuomo (D) announced an agreement with Facebook, Inc. Oct. 16 that requires the company to take a number of steps to improve online safety for children and establish new complaint procedures for reporting harassment and other unwelcome contact.  The agreement, which was hailed by Cuomo and the company as a model for social networking sites, requires that Facebook respond to and begin addressing complaints about online nudity, pornography, harassment, or unwelcome contact within 24 hours.  Read more ... 
 
Other Privacy & Security news: 
 
·  Bush Administration Threatens Veto Against Democrat's Bill to Update FISA
·  E-Mails Sent Using Employer's Server Not Private Unless Privileged
·  NIST Publishes Public Web Server Guidance, Proposes Six Draft Data Security Standards
 
Search ILR's Privacy & Security database 

TAXATION
 
House Passes Four-Year Extension of Internet Tax Moratorium in 405-2 Vote 
 
The House Oct. 16 overwhelmingly passed its bill (H.R. 3678) to extend the moratorium on Internet access taxes until November 2011, after Democrats refused to allow a vote on the permanent extension of the moratorium.  Supporters of a permanent ban on Internet access taxes said there were 240 members of the House that had signed on as co-sponsors to the Permanent Internet Tax Freedom Act (H.R. 743), but they would not get a vote on permanency because of concerns the bill could not pass the Senate before the existing moratorium expires Nov. 1.  Read more ...

Other Taxation news: 
 
·  House Judiciary Committee Approves Extension of Internet Tax Moratorium
·  Internet Moratorium Tax Bill Coming to House Floor with Unfunded Mandate
·  Sprint Nextel to Pay $2.375 Million to Settle City's Lawsuit Over Gross-Receipts Tax
 
Search ILR's Taxation database

Latest Cases 
 
·  B&B Microscopes v. Armogida, 2007 ILRWeb (P&F) 2699 [WD Pa] (Deleting files on employer-provided laptop does not constitute 'unauthorized access')
·  Bowler v. Town of Hudson, 2007 ILRWeb (P&F) 2807 [D Mass] (Link to web site on school poster is likely protected speech)
·  Cherry Hill Vineyard, LLC v. Baldacci, 2007 ILRWeb (P&F) 2809 [1st Cir] (Maine's regulatory scheme, which requires that direct sales of wine take place on winery premises, does not violate the dormant Commerce Clause)
·  Fair Housing Council of San Fernando Valley v. Roommates.com, LLC (Order Granting Rehearing En Banc), 2007 ILRWeb (P&F) 2817 [9th Cir] (Ninth Circuit grants rehearing en banc of case addessing scope of CDA immunity)
·  FCC Fomento de Construcciones y Contratas, SA v. "FCC.COM", 2007 ILRWeb (P&F) 2815 [WIPO] (Finding of reverse domain name hijacking against Spanish company that challenged respondent's obviously bona fide use of fcc.com)
·  Federal Trade Commission v. Spear Systems, Inc. (Temporary Restraining Order), 2007 ILRWeb (P&F) 2805 [ND Ill] (International spamming enterprise faces court-ordered halt of weight-loss e-mails)
·  Global Royalties, Ltd. v. Xcentric Ventures, LLC, 2007 ILRWeb (P&F) 2811 [D Ariz] (CDA immunizes web site operator from liability for defamatory statements posted by a third party, even though operator refused to remove the statements)
·  Hofer v. The Gap, Inc., 2007 ILRWeb (P&F) 2701 [D Mass] (Traveler bound by click-through deal assented to by her traveling companion)
·  New York, City of v. GeoData Plus, LLC, 2007 ILRWeb (P&F) 2703 [ED NY] (Digitized tax maps are sufficiently original to be protected by copyright)
·  Rockland Trust Co. v. Computer Associates International, Inc., 2007 ILRWeb (P&F) 2523 [D Mass] (Software expectations not in license agreement no grounds for breach action)
·  Rouse v. Walter & Associates, L.L.C., 2007 ILRWeb (P&F) 2695 [SD Iowa] (Professor-creators of university software denied later asserted copyright ownership)
·  S&L Vitamins, Inc. v. Australian Gold, Inc., 2007 ILRWeb (P&F) 2691 [ED NY] (Trademarks in metatags, linked advertising again held not actionable under Lanham Act)
·  Sims v. Lakeside School, 2007 ILRWeb (P&F) 2697 [WD Wash] (E-mails sent using employer's server not private unless privileged)
·  Southwest Airlines Co. v. BoardFirst, L.L.C., 2007 ILRWeb (P&F) 2693 [ND Tex] (Web site terms of use enforceable against site user with notice of them)
·  Ticketmaster L.L.C. v. RMG Technologies, 2007 ILRWeb (P&F) 2819 [CD Cal] (Ticketmaster's complaint against software distributor that permits large-scale ticket purchasing withstands motion to dismiss)
·  Time Warner Telecom, Inc. v. Federal Communications Commission, 2007 ILRWeb (P&F) 2821 [3d Cir] (Court denies appeal of FCC order deregulating DSL broadband service)
·  Tunica Web Advertising v. Tunica Casino Operators Association, Inc., 2007 ILRWeb (P&F) 2413 [5th Cir] (Circumstantial evidence of boycott of web advertising company sufficient to survive summary judgment)
·  United States v. Sutcliffe, 2007 ILRWeb (P&F) 2813 [9th Cir] (Internet communications are interstate, satisfying jurisdictional elements of charged crimes)
 
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Latest Pleadings, Motions, & Briefs 
 
·  Aguiar v. Webb (Complaint), 2007 ILRWeb (P&F) 2620 [D Mass] (Copyright infringement action against documentary filmmaker who posted promotional footage on YouTube)
·  Aguiar v. Webb (Answer, Counterclaim, and Jury Demand), 2007 ILRWeb (P&F) 2804 [D Mass] (Documentary filmmaker denies copyright infringement and seeks injunctive relief and damages for plaintiff's alleged misrepresentation of copyright under the DMCA, and for declaratory judgment of non-infringement)
·  Associated Press v. Moreover Technologies, Inc. (Complaint), 2007 ILRWeb (P&F) 2802 [SD NY] (AP sues Verisign, Moreover Tech; says they lift stories from web sites)
·  Capitol Records, Inc. v. Thomas (Defendant's Motion for New Trial, or in the Alternative, for Remittitur), 2007 ILRWeb (P&F) 2806 [D Minn] (Defendant asks for a new trial so that the court can determine the extent of plaintiffs' actual damages suffered by the uploading of 24 sound recordings)
 
Search ILR's Pleadings database 

Latest Research from Pike & Fischer

Video-on-Demand Usage: Projections & Implications - New
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.

High-speed Internet Packaging & Pricing Strategies: 4th Edition - New
This report provides a detailed and up-to-date analysis of the high-speed Internet pricing, bundling and marketing strategies of the top providers, including Comcast, Time Warner Cable, Cox, Cablevision, Charter, Insight, Mediacom, Qwest, AT&T and Verizon. The report ranks each provider by maximum speeds provided and by price points, and includes 18 tables of data and analysis. It will also examine the impact that the emergence of telco fiber-optic services, mainly Verizon FiOS and AT&T U-vrse, are having on cable offerings and strategies.

View all Market Research Reports & Briefs

Events & Conferences 
 
Legal Risk Management in the Web 2.0 World - DVD Recordings Available
Over 120 business and legal professionals joined Pike & Fischer for this inaugural and groundbreaking legal forum where the growing array of legal risks associated with social networking, user-generated content (UGC) and other applications in the burgeoning Web 2.0 world were discussed and debated at length.   Attendees learned more about existing and potential Web 2.0 liabilities and how best to manage the risks of their organizations and those of their clients.  
Missed the event?  Order a DVD recording of select panels and keynotes.
Learn more    Order Now

Net Neutrality: Still on the Front Burner - Summit Audio Recording 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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