Best Practices Audiocast Scheduled for January

Best Practices for Businesses Exploring, Exploiting, and Expanding in Web 2.0
January 15, 2008 | 2:00 – 3:30 p.m. ET
This audiocast, co-sponsored by Pike & Fischer and the ABA's Section of Science and Technology Law, 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. Join Stephen Hollman, Eric Goldman, Fred von Lohmann, Duncan Davidson, Betty Panarella, and Annemarie Bray for this interactive audio event.  Register now to secure actionable insight and take-away recommendations.  Learn more.

Latest News 
 
INTELLECTUAL PROPERTY
 
Federal Circuit Upholds Jury Verdict That Microsoft Infringed Anti-Piracy Patents 
 
A jury verdict that Microsoft Corp. infringed two patents for reducing software piracy should be upheld because it is supported by substantial evidence, the U.S. Court of Appeals for the Federal Circuit ruled Nov. 16.  Affirming a judgment of more than $115 million in actual damages and $25 million in enhanced damages, the appellate court found substantial evidence upon which a reasonable juror could conclude that Microsoft's "Product Activation" infringes the limitations of the asserted patents.  Further, it rejected the argument that a 1998 Microsoft product constituted a prior invention that rendered the patents invalid under Section 102(g) of the Patent Act.  z4 Technologies, Inc. v. Microsoft Corp., 2007 ILRWeb (P&F) 3023.  Subscribers read more ...

Other Intellectual Property news: 
 
·  France Launches Innovative Crackdown on P2P Downloads, ISPs Will Participate
·  College 'Affordability' Bill Requires Schools to Provide Illegal File-Sharing 'Alternatives'
·  French Commission Agrees to New Copy Tax Rules for Disk Drive-Equipped Multimedia Devices
·  File-Sharing Domain Name Transferred as Injunctive Relief in Trademark Action
·  Rehearing Denied, Vonage Must Pay Verizon $120 Million in Settlement
·  Absent Any Electronic, Internet Connection, Violating Fabric Copyright Not DMCA Trigger
·  Oregon Attorney General Condemns RIAA's University Subpoena as Unduly Burdensome
·  GPL 3.0 Incorporates Express Patent Grants, Addresses Anti-Competitive Patent Actions
·  FSF Releases Quick Guide to GPLv3
·  Piracy Plaintiffs Must Show Cause Justifying Leave for Expedited Identity Disclosure
·  Broadcom Accepts Reduced Damages in Patent Case Against Qualcomm
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Putative Class Sues Comcast Over Alleged False Promises of Fast, Unrestricted Internet 
 
Advertising high-speed Internet access as "lightning fast" and "unrestricted" when some peer-to-peer networking sites are in fact blocked or very slow is an unfair business practice, a complaint filed in California Superior Court Nov. 13 alleged.  According to the complaint, cable operator Comcast markets Internet service under the name "High Speed Internet Access," and makes the following representations in print and television ads:  "surf the web at lightning speed"; "download at crazy-fast speeds"; "our customers enjoy unfettered access to all the content, services, and applications that the Internet has to offer."  The plaintiff, a Comcast subscriber, claimed that the service he received did not live up to these specifications.  Hart v. Comcast of Alameda, Inc. (Class Action Complaint), 2007 ILRWeb (P&F) 3010.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Government Officials, Gambling Advocates Square Off at Hill Hearing on Net Gambling
·  ICANN Officials at IGF Governance Event Field Complaints About U.S. Control of Net
·  Internet Governance Forum Tackles Participation, Control in Early Discussions
·  European Regulators Open In-Depth Inquiry of Google-DoubleClick Merger
·  New Web Marketing, Networking Tools Push Legal Limits, European Lawyers Say
·  Reps. Frank, Conyers Call on Administration to Settle Gambling Dispute with Legislation
·  Senators Urge Rigorous Review of Google/DoubleClick Transaction
·  E-Commerce Sales Increase 3.6 Percent in Third Quarter, 19.3 Percent Year-on-Year
·  Internet Ad Listing Incorrect Product Price Not 'Bait and Switch' Absent Proof of Intent
·  Internet Ad Company to Pay $1 Million to End Florida Ringtone Marketing Probe
·  E-Mail Assent, Faxed Signature Amounts to Acceptance, Creates Binding Contract
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Web Operator Not Liable for Third Party Postings Absent Some Hand in Authorship 
 
Regardless of the control a web forum operator exerts over a site's technical features, it is not liable for content authored wholly by third-party posters, the Arizona Superior Court held Oct. 24.  The court distinguished content which the operator may have had a hand in authoring, however.  The court dismissed all allegations of third party-only posting, but preserved those implicating mixed authorship.  Children of America, Inc. v. Magedson, 2007 ILRWeb (P&F) 2891.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  User Generated Content Poses New Legal Risks, Liabilities, Challenges, Conference Told
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Reversing Course, Verizon Adopts Open Access Philosophy for Network 
 
After filing suit in mid-September against the Federal Communications Commission for adopting "open access" conditions as part of its upcoming 700 MHz spectrum auction, Verizon Wireless Nov. 27 said it is now embracing open access for its own network.  Verizon Wireless announced that it will provide customers the option to use, on its nationwide wireless network, wireless devices, software, and applications not offered by the company. The carrier plans to have this new choice available to customers throughout the country by the end of 2008, it stated.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  House Passes VoIP E-911 Bill Almost Unanimously in Late Vote
·  Inouye Urges Passage of Bill to Collect Better Broadband Data
·  Joint Board's USF Proposal Would Benefit Broadband, Bells
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Data Security Group Unveils First Standards for Java Use; SANS Offers Certification Test 
 
The Secure Programming Council announced Nov. 19 that it has established a set of data security testing standards for programmers using Java web applications.  Hackers increasingly are targeting web applications, the group said, and vulnerabilities in such applications can give such criminals direct access to valuable personal information.  The group said that this type of vulnerability was behind the data breach incident at TJX Companies, Inc., in which hackers broke into the retailer's sales transaction servers to access information on more than 46 million credit and debit cards.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  House Passes SAFER NET Act by Overwhelming Majority
·  House Expected to Revisit FISA Bill with No Telecom Immunity Language
·  House Judiciary Members Offer Measure to Protect Personal Data
·  House Moves on FISA Legislation Without Telecom Immunity Provision
·  ICANN Names Registrar Data Escrow Agent to Protect Registrants' Details, Information
·  Chinese Internet Users Support Privacy Law, Government Survey Shows

Subscribers may search ILR's Privacy & Security database 

TAXATION
 
New York Withdraws New Policy to Tax Certain Online Purchases 
 
New York Gov. Eliot Spitzer (D) has asked the state Department of Taxation and Finance to withdraw a five-day-old policy that would have required out-of-state Internet retailers to collect sales taxes on certain online purchases, state Budget Director Paul Francis announced Nov. 14.  Francis, in a brief statement, said the governor "believes that now is not the right time to be increasing sales taxes on New Yorkers.  He has directed the Department of Tax and Finance to pull back its interpretation that would require some Internet retailers that do not collect sales tax to do so."  Subscribers read more ...

Other Taxation news: 
 
·  New York Retailers Support Policy of Taxing Internet Sales
·  Luxembourg Maintains Opposition in EU to VAT Changes for Electronic Services
·  Subcommittee Schedules Dec. 6 Hearing on Federal SSUTA Bill
·  Internet Access Taxable in Wisconsin, Despite New Federal Measure, State DOR Says
·  High-Tech Industry Backing U.S. Bill to Allow Subpart F Deferral for CFC Software Income
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Interactive Web Site, Two Web Sales Held Insufficient to Support Jurisdiction 
 
An interactive web site that facilitated two sales into a forum is not enough to establish jurisdiction there absent evidence of purposeful availment and intentional interaction, the U.S. District Court for the District of Oregon held Nov. 1.  The court said that two Oregon-based web sales were random and fortuitous, and would not support jurisdiction in Oregon without more.  Tuna Processors, Inc. v. Anova Food, Inc., 2007 ILRWeb (P&F) 3019.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Jurisdictional Requirements Satisfied by On-Going Contract for Web Services
·  'Frivolous' Claim Basing Personal Jurisdiction on Web Site Dismissed
·  New York Jurisdiction Over Single Web Sale Dependent on Transaction's Legitimacy
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Senate Approves Bill to Increase Federal Prosecution of Cybercrimes 
 
The Senate late Nov. 15 approved a bill to increase federal prosecution of "cyber-extortion" and other crimes involving sensitive electronic data.  The bill, known as the "Identity Theft Enforcement and Restitution Act of 2007" (S. 2168), would make it clear that threatening to obtain or release information from a computer for extortion purposes constitutes a cybercrime.  Violators would be subject to a criminal fine and up to five years in prison.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  House Passes Legislation to Promote Online Safety
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Arista Records LLC v. Does 1-19, 2007 ILRWeb (P&F) 3027 [D DC] (Piracy plaintiffs must show cause justifying leave for expedited identity disclosure)
·  AzoogleAds US, Inc., In re (Assurance of Voluntary Compliance), 2007 ILRWeb (P&F) 2909 [Fla Att'y Gen] (Internet ad company to pay $1 million to end Florida ringtone marketing probe)
·  Bakhtiari v. Lutz, 2007 ILRWeb (P&F) 3025 [8th Cir] (District court did not abuse its discretion in denying sanctions for deletion of e-mail evidence because record supports that University did not act with desire to suppress the truth and presented alternative explanation for destruction of data)
·  Calderon v. IBEW Local 47, 2007 ILRWeb (P&F) 3015 [9th Cir] (Dismissal of case improper where party had only received notice of show cause hearing by e-mail, and rules did not authorize service by electronic means)
·  Children of America, Inc. v. Magedson, 2007 ILRWeb (P&F) 2891 [Ariz Super Ct] (Web operator not liable for third party postings absent some hand in authorship)
·  Delta Media Group, Inc. v. The Kee Group, Inc., 2007 ILRWeb (P&F) 2905 [ND Ohio] (Jurisdictional requirements satisfied by on-going contract for web services)
·  High Maintenance Bitch, LLC v. Uptown Dog Club, Inc., 2007 ILRWeb (P&F) 2907 [WD Wash] ('Frivolous' claim basing personal jurisdiction on web site dismissed)
·  Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC, 2007 ILRWeb (P&F) 3013 [4th Cir] (No likelihood of consumer confusion where overlap in trade channel is de minimis)
·  Orbis, Inc. v. ObjectWin Technology, Inc., 2007 ILRWeb (P&F) 2717 [WD Va] (E-mail assent, faxed signature amounts to acceptance, creates binding contract)
·  Perez v. Luu, 2007 ILRWeb (P&F) 3021 [Tex Ct App] (Internet ad listing incorrect product price not 'bait and switch' absent proof of intent)
·  Pitbull Productions, Inc. v. Universal Netmedia, Inc., 2007 ILRWeb (P&F) 3017 [SD NY] (File-sharing domain name transferred as injunctive relief in trademark action)
·  Popovich v. Sony Music Entertainment, Inc., 2007 ILRWeb (P&F) 3031 [6th Cir] (Sony's obligation to affix record company logo to albums did not apply to Internet downloads)
·  Textile Secrets International, Inc. v. Ya-Ya Brand, Inc., 2007 ILRWeb (P&F) 2911 [CD Cal] (Absent any electronic, Internet connection, violating fabric copyright not DMCA trigger)
·  Tuna Processors, Inc. v. Anova Food, Inc., 2007 ILRWeb (P&F) 3019 [D Ore] (Interactive web site, two web sales held insufficient to support jurisdiction)
·  Unique Industries, Inc. v. Sui & Sons International Trading Corp., 2007 ILRWeb (P&F) 3029 [SD NY] (New York jurisdiction over single web sale dependent on transaction's legitimacy)
·  Xiaoning v. Yahoo! Inc. (Joint Stipulation of Dismissal), 2007 ILRWeb (P&F) 3011 [ND Cal] (Plaintiffs and defendants jointly stipulate to a dismissal with prejudice based on a private settlement)
·  z4 Technologies, Inc. v. Microsoft Corp., 2007 ILRWeb (P&F) 3023 [Fed Cir] (Jury verdict that Microsoft infringed patents related to the prevention of software piracy is supported by substantial evidence)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Arista Records, LLC v. Does 1-17 (Memorandum in Support of Motion to Quash Subpoena Pursuant to FRCP 45B(3)(A) by the University of Oregon), 2007 ILRWeb (P&F) 2832 [D Ore] (Oregon AG contends RIAA subpoena seeking the personal information of alleged copyright infringers on the University of Oregon's network presents an undue burden and should be quashed)
·  Arista Records LLC v. Does 1-17 (Opposition to Motion to Quash Subpoena Pursuant to FRCP 45(B)(3)(a) by the University of Oregon), 2007 ILRWeb (P&F) 3014 [D Ore] (Record companies argue that University is actually protecting copyright infringers by filing motion to quash)
·  Connor Sport Court International, Inc. v. Google, Inc. (Connor Sport's Motion to Enforce Subpoena Duces Tecum), 2007 ILRWeb (P&F) 2842 [ND Cal] (Trademark holder wants Google to disclose third parties who have purchased its trademarks as AdWords)
·  Hart v. Comcast of Alameda, Inc. (Class Action Complaint), 2007 ILRWeb (P&F) 3010 [Cal Super Ct] (Putative class sues Comcast over alleged false promises of fast, unrestricted Internet)
·  International Information Systems Security Certifications Consortium v. Degraphenreed (Complaint), 2007 ILRWeb (P&F) 3018 [SD Ohio] (Non-profit accreditation organization that has trademark rights in acronym sues formerly accredited individual, as well as Yahoo and Google, for trademark infringement and other Lanham Act violations)
·  Vernor v. Autodesk, Inc. (First Amended Complaint), 2007 ILRWeb (P&F) 3016 [WD Wash] (eBay vendor alleges that software manufacturer unlawfully seeks to suppress competition from the sale of used copies of its products)
·  Vuze, Inc. Petition to Establish Rules Governing Network Management Practices by Broadband Network Operators, In re (Petition for Rulemaking), 2007 ILRWeb (P&F) 3012 [FCC] (Company that uses BitTorrent to distribute video content asks FCC for rules to prevent telephone and cable companies from blocking, degrading, or unreasonably discriminating against legal Internet applications)

Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

BitTorrent DNA - New
BitTorrent has begun licensing its file distribution technology to third-party content distributors under the service name BitTorrent DNA (Delivery Network Accelerator.) This allows the distributed downloading of broadband content via a peer-to-peer file sharing protocol. This Competitor Profile examines BitTorrent's strategy aimed at shedding its reputation as a popular tool for illegal sharing of proprietary content, and what challenges the company faces in communicating the value of its service.

High-speed Internet Packaging & Pricing Strategies: 4th Edition
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 
 
 
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

View all Events & Conferences

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