Best Business Practices Audio Conference

Best Practices for Businesses Exploring, Exploiting, and Expanding in Web 2.0
Interactive Audio Conference
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.  Learn more.

Latest News 
 
INTELLECTUAL PROPERTY
 
Federal Court May Not Exercise Jurisdiction Over Class That Includes Unregistered Works 
 
A federal district court did not have jurisdiction to approve a settlement agreement between a class of freelance authors and a group of publishers that allegedly reproduced the authors' work without their permission, the U.S. Court of Appeals for the Second Circuit ruled Nov. 29.  Vacating the certification of the class and the approval of the settlement by the lower court, the court emphasized that the bulk of the works in question were unregistered works.  A lengthy dissent disputed the majority's conclusion.  In re Literary Works in Electronic Databases Copyright Litigation, 2007 ILRWeb (P&F) 3047.  Subscribers read more ...

Other Intellectual Property news:
 
·  Software Developer's Insurance May Cover Defense of Copyright Circumvention Actions
·  Court Grants Subpoena to Record Companies Seeking to Identify Georgetown U. Students
·  Court Grants Subpoena to Music Labels to Obtain Information on MSU Computer Users
·  Complaint Categorizes Typosquatting, Domain Tasting as Trademark Counterfeiting
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Registrar Seeking Limited Whois Access Amends Proposal, Seeks ICANN Board Vote 
 
The Board of Governors of the Internet Corporation for Assigned Names and Numbers will likely consider an amended proposal for limited Whois access in December.  The proposal will come from British registrar Telnic, operator of the .tel domain.  Telnic earlier this year asked ICANN to grant it substantial freedoms for sharing and disclosing registry Whois information.  According to Telnic, compliance with ICANN's Whois disclosure requirements would cause Telnic to violate UK law.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Online Marketer of 'Free' Gifts Settles Agencies' Deceptive Practices Allegations
·  Colorado Lawmakers to Introduce Spam Bill to Aid Enforcement with Criminal Penalties
·  Financing Statement Error Not Minor When Access Requires Scrolling Sixty Pages
·  HHS Advisory Panel Changes Its Mind on Use of Medicare as E-Prescribing Lever
·  French Internet Rights Forum Proposes New Legal Rules for Online Games
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
E-Commerce, First Amendment Concerns Prompt Court Limits on Subpoena to Amazon 
 
Concerns over the potential for government misuse of information on the reading choices of Amazon.com customers, as well as the likely chilling effect on e-commerce, prompted a federal court to limit a government subpoena seeking customer information from the online bookseller in a June decision unsealed Nov. 19.  Federal prosecutors issued the subpoena to Amazon as part of a grand jury probe of a Madison, Wis., public employee who was suspected of selling used books from an operation from his city office.  In re Grand Jury Subpoena to Amazon.com Dated August 7, 2006 (Sealed Order), 2007 ILRWeb (P&F) 2109.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Freedom of Speech and Content Regulation of Online Content, newly updated by Robert Corn-Revere, Davis Wright Tremaine LLP, Washington, D.C.
·  Controlling Offensive Internet Content Requires Definitions, Enforcement Allocations
·  At IGF, Google Official Outlines Balance Struck Between Censorship, Business Needs
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Google Confirms It Will Apply to Bid in Upcoming FCC 700 MHz Auction 
 
Google confirmed Nov. 30 that it will participate in the Federal Communications Commission's upcoming auction of spectrum in the 700 MHz band.  Google initially pledged to bid at least $4.6 billion for the spectrum in the "C Block" of the 700 MHz band so long as the commission adopted four open access conditions.  The commission ended up adopting two of the four conditions, and Google has spent time since then weighing its options.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Citing iPhone, Verizon's Openness Gambit, Wireless Executives Say Regulation Unneeded
·  NTIA's New Acting Administrator Previews Agenda, Broadband Report
·  State Department Official Challenges OECD Data Showing United States Lagging in Broadband
·  FCC Seeks Comment on Petitions Seeking Forbearance from Regulations
·  Bush Announces Renomination of Adelstein as FCC Commissioner
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Three-Step Showing Required to Compel Disclosure of Online Speaker's Identity 
 
A party seeking to compel disclosure of an online speaker's identity must show that the speaker has been given adequate notice and a reasonable opportunity to respond to the discovery request, that the requesting party's cause of action could survive a motion for summary judgment, and that a balance of the parties' interests favors disclosure, the Arizona Court of Appeals held Nov. 27.  Mobilisa, Inc. v. Doe 1, 2007 ILRWeb (P&F) 3037.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  New Federal Procedural Rules Amendments Address Concerns Over E-Records Privacy
·  Bush Insists Congress Must Enact Telecom Immunity Bill by Year's End
·  Senate Judiciary Committee to Take Up Compromise Telecom Liability Bill
·  Bush Appoints Cybersecurity Special Assistant
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
New Hampshire DRA Says Hotels Must Collect Room Tax, Not Online Booking Firms 
 
Hotels, and not booking companies, are responsible for collecting and remitting the correct amount of the state's 8 percent meals and rooms tax, the New Hampshire Department of Revenue Administration said Nov. 29 in guidelines for hotels that use online booking companies (TIR 2007-008).  Moreover, in a technical information release that responded to inquiries from hotel operators in the state, the agency explained that the levy must be calculated "on the room rate paid for the occupancy by the end user, regardless of the hotel's going rate for the room and regardless of the contract amount between the operator and the on-line booking company."  Subscribers read more ...

Other Taxation news: 
 
·  Courts in Missouri, N.C., S.C. Deny Motions to Dismiss in Online Hotel Occupancy Cases
·  New York Tax Department Finds Computer Equipment Purchases Exempt from Taxation
·  Luxembourg Lifts Objection to EU Changes for Imposition of VAT on Electronic Services
·  Washington Legislative Study Group Advises Making Changes in Taxation of Digital Goods
 
Subscribers may search ILR's Taxation database

CRIMINAL LIABILITY 
 
ENISA Calls for Stronger Prosecution of Cyber Criminals to Counter Botnet Threat 
 
The European Network and Information Security Agency (ENISA) Nov. 27 called for stronger prosecution of cyber criminals to combat a growing threat of botnets, which are robot networks of hijacked computers used for online fraud.  In a position paper, "Botnets—The Silent Threat," ENISA estimated that more than 6 million computers worldwide have been hijacked into botnets that are run by at least 1,000 command-and-control servers.  Subscribers read more ...
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Adobe Systems, Inc. v. St. Paul Fire and Marine Insurance Co., 2007 ILRWeb (P&F) 3035 [ND Cal] (Software developer's insurance may cover defense of copyright circumvention actions)
·  Arista Records, LLC v. Does 1-4, 2007 ILRWeb (P&F) 3045 [WD Mich] (Court grants subpoena to music labels to obtain information on Michigan State University computer users)
·  Arista Records LLC v. Lime Group LLC, 2007 ILRWeb (P&F) 3201 [SD NY] (Antitrust counterclaims against record companies dismissed)
·  Barnesandnoble.com v. Rosenblum, 2007 ILRWeb (P&F) 3039 [NAF] (While Barnes & Noble's challenge to the registration of noble.com was "excessively optimistic," the complaint was not brought in bad faith)
·  Burgess v. Eforce Media, Inc. (Magistrate's Memorandum and Recommendation), 2007 ILRWeb (P&F) 2527 [WD NC] (Allegation of computer virus redirecting Internet searches does not support claim for invasion of privacy, but does state claim for trespass to chattels)
·  Burgess v. Eforce Media, Inc., 2007 ILRWeb (P&F) 3049 [WD NC] (Complaint alleging computer virus infestation sufficiently alleges trespass to chattels claim)
·  Cordance Corp. v. Amazon.com, Inc., 2007 ILRWeb (P&F) 3057 [D Del] (Amazon's counterclaim, alleging infringement of a patent covering software that links users and their personal "address book" information, survives a motion to dismiss, as there is an actual case or controversy)
·  DirecTV, Inc. v. Seijas, 2007 ILRWeb (P&F) 3059 [3d Cir] (There is a private right of action for the unlawful interception of encrypted satellite transmissions under 47 USC §605 and 18 USC §2511)
·  Grand Jury Subpoena to Amazon.com Dated August 7, 2006, In re (Sealed Order), 2007 ILRWeb (P&F) 2109 [WD Wis] (Amazon not required to disclose identities of book buyers in response to grand jury subpoena)
·  Hormel Foods Corp. v. Spam Arrest, LLC, 2007 ILRWeb (P&F) 3051 [TTAB] (TTAB rejects canned meat manufacturer's challenge to software distributor's "Spam Arrest" product)
·  Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band (Order), 2007 ILRWeb (P&F) 3041 [FCC] (Commission grants the application of the Public Safety Spectrum Trust Corporation for the single nationwide license for the public safety 700 MHz broadband spectrum allocation)
·  Jack Daniel's Properties, Inc. v. Imanez, 2007 ILRWeb (P&F) 3061 [WIPO] (Respondent, who registered the domain name <jackdanielsgifts.com> with the intention of selling only licensed Jack Daniel's goods, has a current legitimate interest in the disputed domain name, notwithstanding the sale of certain apparently competing products)
·  John's Bean Farm of Homestead, Inc., In re, 2007 ILRWeb (P&F) 3063 [Bankr SD Fla] (An inaccurate recording of a debtor's name rends a financing statement "seriously misleading" if an Internet search for the debtor's true name does not return the statement on the first page of hits)
·  Literary Works in Electronic Databases Copyright Litigation, In re, 2007 ILRWeb (P&F) 3047 [2d Cir] (Settlement regarding electronic republication of freelancers' work vacated on jurisdictional grounds)
·  Mobilisa, Inc. v. Doe 1, 2007 ILRWeb (P&F) 3037 [Ariz Ct App] (Three-step approach for evaluating request to compel discovery of anonymous Internet speaker's identity)
·  New York Office of Tax Policy Analysis Advisory Opinion TSB-A-07(26)S, 2007 ILRWeb (P&F) 2913 [NY Dep't Tax Fin] (New York tax department finds computer equipment purchases exempt from taxation)
·  Perfect 10, Inc. v. Amazon.com, Inc. (Amended Opinion), 2007 ILRWeb (P&F) 3203 [9th Cir] (Landmark copyright infringement decision amended to clarify the burden of proof for injunctive relief when defendant raises an affirmative defense)
·  powerlineman.com, LLC v. Kackson, 2007 ILRWeb (P&F) 3053 [ED Cal] (Whether competitor's use of "power lineman" in the text and metatags of job listing site for the utility services industry infringes plaintiff's "powerlineman" mark is a question of fact that may only be resolved at trial or on summary judgment)
·  United States v. Adteractive, Inc. (Stipulated Final Judgment), 2007 ILRWeb (P&F) 3033 [ND Cal] (Online marketer of 'free' gifts settles agencies' deceptive practices allegations)
·  Universal Telecom, Inc. v. Oregon Public Utility Commission, 2007 ILRWeb (P&F) 3055 [D Ore] (Summary judgment denied in case involving arbitration of an interconnection agreement)
·  Warner Bros. Records, Inc. v. Does 1-6, 2007 ILRWeb (P&F) 3043 [D DC] (Court grants subpoena to record companies seeking to identify Georgetown University students)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Arista Records, LLC v. Does 1-17 (University of Oregon's Reply in Support of Motion to Quash Plaintiffs' Subpoena), 2007 ILRWeb (P&F) 3020 [D Ore] (Oregon AG questions appropriateness of RIAA's investigation and litigation strategies)
·  Dell, Inc. v. BelgiumDomains LLC (Complaint), 2007 ILRWeb (P&F) 2844 [SD Fla] (Dell files complaint for cybersquatting, trademark infringement, counterfeiting, dilution, and unfair practices against companies that repeatedly register, delete, and re-register domain names that are confusingly similar to Dell's marks)
·  Formal Complaint of Free Press and Public Knowledge Against Comcast Corporation For Secretly Degrading Peer-to-Peer Applications, 2007 ILRWeb (P&F) 3022 [FCC] (Complaint asks FCC to address Comcast's practice of degrading peer-to-peer protocols)
·  Petition of Free Press et al. for Declaratory Ruling that Degrading an Internet Application Violates the FCC's Internet Policy Statement and Does Not Meet an Exception for "Reasonable Network Management", In re (Petition for Declaratory Ruling), 2007 ILRWeb (P&F) 3024 [FCC] (Petition asks the FCC to clarify that an Internet service provider violates the FCC's Internet Policy Statement when it intentionally degrades a targeted Internet application)
 
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 
 
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

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