Latest News 
 
INTELLECTUAL PROPERTY
 
Permanent Injunction Requiring Filtering Entered Against Final Grokster Defendant 
 
The last remaining Grokster defendant, a file-sharing network already found liable for inducing copyright infringement, has been permanently enjoined from future inducing activities and must build a filter to reduce future infringements facilitated by its software, the U.S. District Court for the Central District of California declared Oct. 16.  This injunction represents the most recent step in the district court's Grokster odyssey.  Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 2007 ILRWeb (P&F) 2827.  Read more ...

Other Intellectual Property news:
 
·  AT&T Joins Patent Litigation Assault on Vonage
·  Utah Legislature Declines to Fund State Agency Handling E-Trademark Registrations
·  Burden of Proving Missing Software License's Terms Falls on Copyright Owner
·  Copyright Owners Release 'Principles' for User-Generated Content
·  Willful Blindness to Discount Software's Authenticity No Defense to Infringement
·  There Are No Limits on Downloading Copyright Records, Register Peters Says
 
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INTERNET COMMERCE 
 
Excessive, Automated Access Violating Web Terms of Use Leads to Injunction 
 
Repeatedly accessing and caching copyrighted pages from a web site in violation of the site's terms of use is likely an actionable copyright violation, the U.S. District Court for the Central District of California held Oct. 16.  The court granted a preliminary injunction in favor of a web site owner presenting evidence that the defendant had exceeded its terms of use by employing an automated system to repeatedly access the site's features.  Ticketmaster L.L.C. v. RMG Technologies, Inc., 2007 ILRWeb (P&F) 2835.  Read more ...
 
Other Internet Commerce news: 
 
·  EU, Microsoft Reach Licensing Accord to Ensure Compliance with 2004 Decision
·  U.S. Extends WTO Talks on Compensating EU, Others for Internet Gambling Exclusion
·  Accessing Employer-Provided Computer to Copy Data Is Not Unauthorized Access
·  TJX Revises Consumer Class Settlement, Will Offer Cash or Vouchers to Plaintiffs
·  iPhone Users File Suits Alleging Monopolistic Behavior by Apple, AT&T
·  EU Continuing Discussions with U.S. on Compensation for Gambling Decision
·  Whois Privacy, New gTLDs, Domain Tasting Top Agenda for ICANN's Los Angeles Meeting
 
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FREEDOM OF SPEECH
 
First Amendment Trumps Baseball Players' Publicity Rights in Names, Statistics 
 
A company that promotes "fantasy baseball" games over the Internet did not violate the publicity rights of ballplayers when it used the athletes' names and playing records without authorization, the U.S. Court of Appeals for the Eighth Circuit held Oct. 16.  In a case that has been closely watched by players and sports enthusiasts alike, the appellate court disputed the lower court's initial conclusion that the players and a licensing arm of Major League Baseball had not sufficiently demonstrated a violation of the players' publicity rights.  C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P., 2007 ILRWeb (P&F) 2829.  Read more ...
 
Other Freedom of Speech news: 
 
·  Web Operator's CDA Immunity Not Lost by Failure to Remove Defamatory Content
·  Searchable Database of Private Phone Numbers Not Eligible for §230 Immunity
·  Summary Judgment Appropriate Standard of Review for Speech Anonymity Challenge
·  Threats to Prosecute Vote-Swapping Web Site Operators Ruled Unlawful Prior Restraint
 
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TELECOMMUNICATIONS 
 
Net Neutrality Advocates Pushing for Hearings Into Broadband Abuses 
 
Pointing to an increasing number of reports about blocking and censoring by broadband network operators, advocates of net neutrality legislation Oct. 19 again called for hearings and congressional action on this issue.  The latest example was an Oct. 19 news report that cable operator Comcast Corp. is quietly limiting the amount of bandwidth available to some of its customers.  Read more ...
 
Other Telecommunications news: 
 
·  Dingell, Markey Introduce Legislation to Change Current Forbearance Process
·  Verizon Withdraws Challenge to FCC's 700 MHz Auction Rules
 
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PRIVACY & SECURITY 
 
Telephone Sale Governed by Web Site Privacy Policy Referred to During Call 
 
A telephone customer of an online business is bound by the terms of a web site privacy policy mentioned during the call, which the customer apparently viewed prior to completing the transaction, the U.S. District Court for the Southern District of Texas held Oct. 3.  The court said that a customer who visited a web site in order to review the privacy policy posted there was bound by all terms and conditions, including a forum selection clause, even though he ultimately placed his order over the telephone.  Greer v. 1-800-Flowers.com, Inc., 2007 ILRWeb (P&F) 2825.  Read more ...
 
Other Privacy & Security news: 
 
·  Privacy Concerns Headline OECD's Review of Future Development of Participative Web
·  California Governor Vetoes Retailer Breach Liability Bill, Signs Others Broadening Privacy
·  FISA Legislation Pulled from House Floor as Republicans Propose Set-Back Measure
·  House Democratic Leaders Claim They Have Votes to Pass Surveillance Measure
·  Feingold Declares War on Surveillance Bill Approved by Senate Intelligence Committee
·  House Chairman Calls on FTC to Revisit P2P Privacy Concerns
·  White House 'Long Overdue' in Complying with Surveillance Subpoenas, Senators Say
 
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JURISDICTION & PROCEDURE 
 
Allegations of Intentional Hacking Enough to Fend Off Jurisdictional Motion to Dismiss 
 
Allegations that a party subscribed to a web service intending to reverse-engineer it describe sufficient contacts, for due process purposes, to support the assertion of jurisdiction where the service is located, the U.S. District Court for the Middle District of Tennessee held Oct. 9.  The court said that a plaintiff claiming intentional hacking of its web site had met its prima facie burden for jurisdiction.  Premedics, Inc. v. Zoll Medical Corp., 2007 ILRWeb (P&F) 2833.  Read more ...
 
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CRIMINAL LIABILITY 
 
CAN-SPAM Offense Levels Measured by Actual Losses, Not Defendant Gains 
 
When determining a defendant's offense level for a CAN-SPAM violation, courts should consider victims' actual losses arising from CAN-SPAM violations rather than gains realized by a defendant, the U.S. District Court for the District of Arizona held Sept. 21.  Prosecutors argued that the victims' losses should be calculated as the equivalent of the defendant's gains since the victims' losses could not be adequately estimated.  Judge David G. Campbell disagreed.  United States v. Kilbride, 2007 ILRWeb (P&F) 2679.  Read more ...
 
Other Criminal Liability news: 
 
·  Leahy-Specter Bill Seeks to Protect Sensitive Data from 'Cyber Extortion'
 
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Latest Cases 
 
·  C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P., 2007 ILRWeb (P&F) 2829 [8th Cir] (First Amendment trumps baseball players' publicity rights in names, statistics)
·  Collective Administration of Performing Rights and of Communication Rights (Decision of the Board), 2007 ILRWeb (P&F) 2839 [Can Copyr Bd] (Tariff for the communication of musical works over the Internet)
·  Diamond Power International, Inc. v. Davidson, 2007 ILRWeb (P&F) 2823 [ND Ga] (Accessing employer-provided computer to copy data is not unauthorized access)
·  Express Media Group, LLC v. Express Corp., 2007 ILRWeb (P&F) 1929 [ND Cal] (Buying domain name from cyber-thief renders good-faith purchaser defense inapplicable; original registrant entitled to summary judgment on conversion claim)
·  Federal Trade Commission v. AccuSearch, Inc., 2007 ILRWeb (P&F) 2707 [D Wyo] (Searchable database of private phone numbers not eligible for §230 immunity)
·  Ferron v. Search Cactus, L.L.C., 2007 ILRWeb (P&F) 2107 [SD Ohio] (Corporate officers can be personally liable for e-mails that allegedly violate Ohio's Consumer Sales Practices Act)
·  Global NAPs, Inc. v. Verizon New England, Inc., 2007 ILRWeb (P&F) 2837 [1st Cir] (Interpretation of interconnection agreement)
·  Global Royalties, Ltd. v. Xcentric Ventures, LLC, 2007 ILRWeb (P&F) 2811 [D Ariz] (CDA immunizes web site operator from liability for defamation, even where operator refuses to remove defamatory content)
·  Greer v. 1-800-Flowers.com, Inc., 2007 ILRWeb (P&F) 2825 [SD Tex] (Telephone sale governed by web site privacy policy referred to during call)
·  Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 2007 ILRWeb (P&F) 2827 [CD Cal] (Permanent injunction requiring filtering entered against final Grokster defendant)
·  Microsoft Corp. v. Rechanik, 2007 ILRWeb (P&F) 2841 [7th Cir] (Willful blindness to discount software's authenticity no defense to infringement)
·  Netbula, LLC v. Bindview Development Corp., 2007 ILRWeb (P&F) 2705 [ND Cal] (Burden of proving missing software license's terms falls on copyright owner)
·  Porter v. Bowen, 23 ILR (P&F) 119 [9th Cir] (Threats to prosecute vote-swapping web site operators ruled unlawful prior restraint)
·  Premedics, Inc. v. Zoll Medical Corp., 2007 ILRWeb (P&F) 2833 [MD Tenn] (Allegations of intentional hacking enough to fend off jurisdictional motion to dismiss)
·  Reunion Industries, Inc. v. Doe 1, 2007 ILRWeb (P&F) 2709 [Pa Ct Com Pleas] (Summary judgment appropriate standard of review for speech anonymity challenge)
·  Ticketmaster L.L.C. v. RMG Technologies, Inc., 2007 ILRWeb (P&F) 2835 [CD Cal] (Excessive, automated access violating web terms of use leads to injunction)
·  United States v. Kilbride, 2007 ILRWeb (P&F) 2679 [D Ariz] (CAN-SPAM offense levels measured by actual losses, not defendant gains)
 
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Latest Pleadings, Motions, & Briefs 
 
·  Arista Records LLC v. Usenet.com, Inc. (Complaint), 2007 ILRWeb (P&F) 2808 [SD NY] (Record labels file copyright infringement action against Usenet)
·  Holman v. Apple, Inc. (Class Action Complaint), 2007 ILRWeb (P&F) 2812 [ND Cal] (iPhone users file suits alleging monopolistic behavior by Apple, AT&T)
·  Smith v. Apple, Inc. (Class Action Complaint), 2007 ILRWeb (P&F) 2800 [Cal Super Ct] (iPhone users file suits alleging monopolistic behavior by Apple, AT&T)
·  TJX Companies Retail Security Breach Litigation, In re (Memorandum of Defendant The TJX Companies, Inc. in Response to Settlement), 2007 ILRWeb (P&F) 2810 [D Mass] (TJX revises consumer class settlement, will offer cash or vouchers to plaintiffs)
 
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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 - Coming Soon
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.  
Learn More   Order Now

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Internet Law Attorney Directory

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