Latest News 
 
INTELLECTUAL PROPERTY
 
Digital Advocacy Groups Release Six-Point Plan to Protect Fair Use Online 
 
On Oct. 31, a group of university and digital civil liberties organizations—including the Electronic Frontier Foundation, Public Knowledge, Harvard Law School's Berkman Center for Internet and Society, and American University's Center for Social Media—issued a set of "fair use principles" designed to minimize the "collateral damage" that may be inflicted on video creators who "remix" existing copyrighted works into new creative material.  Read more ...

Other Intellectual Property news: 
 
·  Posting Hyperlink to Photo on Public Web Site Is Not Misappropriation of Photo
 
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INTERNET COMMERCE 
 
Rangers Can't Halt Sanctions by NHL for Web Site Conduct 
 
The National Hockey League will not be preliminarily enjoined from imposing a $100,000 daily fine on the New York Rangers for violating League rules by refusing to migrate the team web site to the League-operated server or for operating a rival web site, according to a Nov. 2 decision by the U.S. District Court for the Southern District of New York.  Judge Loretta A. Preska explains that Madison Square Garden, L.P., the owner of the Rangers club, failed to sustain its burden under the rule of reason of showing a likelihood of success on the merits or sufficiently serious questions going to the merits.  Madison Square Garden, L.P. v. National Hockey League, 2007 ILRWeb (P&F) 3003.  Read more ...
 
Other Internet Commerce news: 
 
·  House Republicans Call for Hearing on Proposed Google-DoubleClick Deal
·  ICANN Details New Strategies to Enforce Registrar Compliance with Contract Duties
·  Governance Reforms, New TLDs Top ICANN Commercial Users Discussion
·  Policy Development for Domain Tasting Gets Green Light, but Grinds to Halt for IGOs
·  French Data Protection Authority Joins New Anti-Spam Campaign
·  ICANN Closes 30th Public Meeting with New Chairman, Promises of Continued Discussions
·  New ICANN Strategic Plan Identifies IDNs, New gTLDs Among Key Priorities
·  Proposed GNSO Improvements Raise Concerns of Voting Power, Policy Process
 
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FREEDOM OF SPEECH
 
Blog Article Comments Provide No Basis for Defamation Claim Against Article Author 
 
Allegedly defamatory comments made about an anonymous blog article did not provide a basis for a defamation claim against the author of the non-defamatory article itself, the New York Supreme Court, New York County, held Oct. 23.  The court also held that the plaintiff's claims were too insubstantial to entitle the plaintiff to discovery of the anonymous blogger's identity.  Greenbaum v. Google, Inc., 2007 ILRWeb (P&F) 2885.  Read more ...
 
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TELECOMMUNICATIONS 
 
Google Announces New Platform, Alliance for Open Access Wireless Mobile Devices 
 
Google announced Nov. 5 the existence of "Android," an open platform for wireless devices that it developed through the Open Handset Alliance, a coalition of more than 30 technology companies.  Google, T-Mobile, Qualcomm, and Motorola among others collaborated on the development of Android through the Open Handset Alliance, a multinational alliance of technology and mobile industry leaders, the companies said in a joint statement.  Read more ...
 
Other Telecommunications news: 
 
·  FCC Applies Number Portability to VoIP Providers, Seeks Comment
·  Net Neutrality Advocates Ask FCC to Condemn, Fine Comcast for Violations
·  House Commerce Committee OKs Bill to Require VoIP to Implement E-911
·  Latest FCC Broadband Report Shows 61 Percent Subscriber Increase in 2006
·  OECD's Latest 2007 World Rankings Show U.S. Still 15th in Broadband Rates
 
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PRIVACY & SECURITY 
 
Privacy Groups Urge End to Self-Regulation; FTC Should Start Web Do-Not-Track System 
 
The Federal Trade Commission should create a do-not-track system to allow consumers to facilitate opting out of online businesses tracking their web use, according to an Oct. 31 submission by a coalition of privacy and consumer advocacy groups.  Behavioral tracking is used to build profiles of computer users, based on their history of Internet searches and site visits, to target specific web advertisements to them.  Read more ...
 
Other Privacy & Security news: 
 
·  Industry Sees Possible Challenges with Proposed 'Do-Not-Track' Registry
·  Yahoo Officials Grilled Over Compliance with Chinese Government Data Requests
·  House Lawmakers Say Government Must Do More to Raise Cybersecurity
·  Senate Judiciary Members Raise Concerns About Proposal Granting Telecom Immunity
·  Suit Seeking Class Status Alleges Facebook Unlawfully Triggered Text Message Barrage
·  ENISA:  Europe's Laws Need Review to Meet Risks Posed by Social Network Sites
·  Whois Proxy Registration Idea Rejected, Next Step in Process Remains Undefined
·  Banking Officials Want More DHS Money for Cybersecurity, and Better Coordination
·  Consumer Advocates Call on FTC to Examine Social Networking Sites
·  Lords Panel Charges U.K. Officials Ignoring Urgency of Need to Improve Web Security
·  Web Giants Propose 'Privacy by Design'; Privacy Policies Questioned at FTC Gathering
·  Online Firms Eye Better Behavioral Tracking, Stronger Privacy Protections at FTC Meeting
 
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TAXATION
 
Georgia Court of Appeals Affirms Dismissal of Suit Against Online Travel Companies 
 
The Georgia Court of Appeals Oct. 26 affirmed a trial court's dismissal of a complaint brought by the city of Atlanta against 17 online travel companies for their alleged failure to remit hotel and occupancy taxes owed to the city.  In March 2006, the city filed suit against the online travel companies, alleging the companies were sellers and resellers of hotel rooms and therefore were operating hotels for purposes of tax collection and remittance.  City of Atlanta v. Hotels.com, 2007 ILRWeb (P&F) 2877.  Read more ...

Other Taxation news: 
 
·  Bush Signs Seven-Year Extension of Moratorium on Internet Taxation
 
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JURISDICTION & PROCEDURE 
 
Posting Threats, SSN's on Web Site Held Sufficient Grounds for Federal Jurisdiction 
 
A defendant who posted over 1,000 Social Security numbers of former co-workers on his web site and made threats to injure or kill others was subject to federal subject-matter jurisdiction for the interstate transfer of that information, the U.S. Court of Appeals for the Ninth Circuit held Oct. 11.  United States v. Sutcliffe, 2007 ILRWeb (P&F) 2813.  Read more ...
 
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CRIMINAL LIABILITY 
 
Defendant Sentenced in Conspiracy to Send 1 Million Spam Messages to AOL Subscribers 
 
A federal judge Nov. 2 imposed a 27-month prison sentence on a defendant charged in a CAN-SPAM Act case with conspiracy to send a massive number of disguised spam messages to 1.2 million America Online, Inc. subscribers, prosecutors said.  In addition to the prison term, Judge Denny Chin of the U.S. District Court for the Southern District of New York also sentenced defendant Todd Moeller, of Toms River, N.J., to three years' supervised release and ordered him to forfeit $183,304 as proceeds of criminal activity.  Read more ...
 
Other Criminal Liability news: 
 
·  Government Wants to Deputize Registrars in Fight Against Online Phishing Attacks
·  Senate Judiciary Approves Bill to Crack Down on Cyber-Extortion
 
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Latest Cases 
 
·  Arista Records LLC v. Does 1-19, 2007 ILRWeb (P&F) 2875 [D DC] (University must provide notice to students accused of improperly sharing copyrighted musical works, and students then may move to quash the subpoena seeking disclosure of their identities)
·  BidZirk, LLC v. Smith, 2007 ILRWeb (P&F) 2873 [D SC] (Blogger, sued for defamation, invasion of privacy, and violations of the Lanham Act, entitled to summary judgment)
·  City of Atlanta v. Hotels.com, 2007 ILRWeb (P&F) 2877 [Ga Ct App] (Court affirms a trial court's dismissal of a complaint brought by Atlanta against 17 online travel companies for their alleged failure to remit hotel and occupancy taxes owed to the city)
·  Greenbaum v. Google, Inc., 2007 ILRWeb (P&F) 2885 [NY Sup Ct] (Blog article comments provide no basis for defamation claim against article author)
·  Hallmark Institute of Photography, Inc. v. CollegeBound Network, LLC, 2007 ILRWeb (P&F) 2883 [D Mass] (Internet marketer secures dismissal of breach of contract, misrepresentation, and fraud claims; its oral representation was not an enforceable term of its contract with plaintiff)
·  IP-Enabled Services (Order and Public Notice Seeking Comment), 2007 ILRWeb (P&F) 2879 [FCC] (Commission grants in part and denies in part several petitions for waiver relating to the VoIP TRS Order)
·  Knot, Inc. v. Aziz, 2007 ILRWeb (P&F) 2871 [WIPO] (As constructive notice of complainant's trademark registration is not generally accepted in UDRP cases where the parties are from different countries, panel cannot infer that respondent registered and used the disputed domain name in bad faith)
·  Madison Square Garden, L.P. v. National Hockey League, 2007 ILRWeb (P&F) 3003 [SD NY] (New York Rangers not entitled to preliminary injunction preventing the NHL from taking over Rangers' web site)
·  Perfumebay, Inc. v. eBay, Inc., 2007 ILRWeb (P&F) 3001 [9th Cir] (District court did not err in holding that the marks 'Perfumebay' and 'eBay' were similar enough to create a likelihood of confusion; court had a valid basis for finding initial interest confusion)
·  Sheffield Wednesday Football Club Ltd. v. Hargreaves, 2007 ILRWeb (P&F) 2867 [QB] (Court declines to order disclosure of the identities of users who posted messages that are "barely defamatory or little more than abusive or likely to be understood as jokes")
·  Trustees of the University of Pennsylvania v. Moniker Privacy Services, 2007 ILRWeb (P&F) 2859 [WIPO] (Complainant's Refiled Complaint cannot be entertained under the UDRP because the new facts and circumstances alleged therein have no bearing on the element of bad faith registration, an issue on which respondent prevailed in the first proceeding)
·  United States v. Sutcliffe, 2007 ILRWeb (P&F) 2813 [9th Cir] (Posting threats, SSN's on web site held sufficient grounds for federal jurisdiction)
·  Utah, State of v. Alinas, 2007 ILRWeb (P&F) 2881 [Utah Sup Ct] (Conviction for "any visual depiction" of a minor engaging in sexually explicit conduct, including "computer-generated" depictions, does not violate Ashcroft v. Free Speech Coalition)
 
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Latest Pleadings, Motions, & Briefs 
 
·  Abrams v. Facebook, Inc. (Complaint), 2007 ILRWeb (P&F) 2816 [ND Cal] (Suit seeking class status alleges Facebook unlawfully triggered text message barrage)
·  American Civil Liberties Union v. Gonzales (Brief of Amici Curiae American Society of Newspaper Editors, et al.), 2007 ILRWeb (P&F) 2824 [3d Cir] (Amicus brief argues that the Child Online Protection Act violates the First Amendment)
·  Wi-LAN, Inc. v. Acer, Inc. (Complaint), 2007 ILRWeb (P&F) 2820 [ED Tex] (Holder of patents related to Wi-Fi and to power consumption in DSL products files infringement action against chip suppliers, equipment vendors, and electronics retailers)
·  Wi-LAN, Inc. v. Westell Technologies, Inc. (Complaint), 2007 ILRWeb (P&F) 2822 [ED Tex] (Holder of patents related to Wi-Fi and to power consumption in DSL products files infringement action against chip suppliers, equipment vendors, and electronics retailers)
 
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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 - 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 
 
Security, Employees & Privacy: Avoiding the Liability & Risk of Advanced Security Technology
Wednesday, November 14, 2007 at 2:00 p.m. ET
The battle over the issue of privacy vs. security is heating up, as leading organizations steadily embrace more advanced electronic systems that, unfortunately, are challenging traditional ideas of employee privacy rights. To minimize their risk and liability, more and more organizations are seeking the middle ground that can satisfy security directors—and still preserve the privacy of their employees.  Join BNA subsidiary IOMA and its expert faculty to find out about the critical facts surrounding this controversial issue.  Learn more

Best Practices for Businesses Exploring, Exploiting, and Expanding in Web 2.0 - Just Annouced
Interactive Audio Conference
January 15, 2008
2:00 – 3:30 p.m. ET
This Pike & Fischer audiocast will be a first-of-its-kind opportunity for attorneys and business leaders to gain practical guidance from industry professionals on how best to harness the power of Web 2.0 while mitigating legal risks.  Businesses seeking to maximize profits through blogging, customer-generated content, social networking, web marketing, and other next-gen apps need to know how to avoid the pitfalls and potholes embedded in the Web 2.0 landscape.  Register now to secure actionable insight and take-away recommendations.

Patent Protection and Intellectual Property Law
Mapping the Legal Landscape to Ensure Secure Intellectual Assets
January 15-16, 2008 | Washington, D.C.
This conference will provide a forum for corporate counsel to discover, discuss, and develop actionable take-aways in relation to the practice of intellectual property and patent law. It will provide critical judicial, legislative, and regulatory updates as well as practitioner-based case studies to highlight the impact these developments are having on a variety of North American industries.
For more information please contact Marisse Downie – marissed@marcusevansbb.com or 246-417-5391.

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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