Publication Schedule

The ILR Weekly Alert will not publish the Wednesday following Christmas. The next issue will be dated Wednesday, January 2, 2008. The ILR staff wishes its readers a very Merry Christmas and a Happy New Year! 

In the meantime, don't forget to register for our Jan. 15 audio conference Best Practices for Businesses Exploring, Exploiting, and Expanding in Web 2.0.

Latest News 
 
INTELLECTUAL PROPERTY
 
Jeweler Claims eBay Is Liable as Contributory Infringer, Given Other Counterfeiting on Site 
 
Internet auction site eBay, Inc.'s general knowledge that counterfeit merchandise is frequently offered for sale on the site is enough to satisfy the knowledge element of a contributory trademark infringement claim, jeweler Tiffany and Company argued Dec. 7 in a post-trial submission to the U.S. District Court for the Southern District of New York.  eBay told the court that it is doing enough to police trademark violations, and that the knowledge required to impose contributory infringement liability is "actual knowledge or reason to know of specific infringing activity and . . . fail[ure] to act upon it."  Tiffany (NJ), Inc. v. eBay, Inc. (Plaintiff's Post-Trial Memorandum), 2007 ILRWeb (P&F) 3212; (Defendant's Post-Trial Memorandum), 2007 ILRWeb (P&F) 3214.  Subscribers read more ...

Other Intellectual Property news:
 
·  Record Labels Launch New Campaign Against Music File Sharing on Campuses
·  Court Enters Final Judgment in eBay, MercExchange Patent Dispute
·  Panelists Warn:  Modern Workforce Traits Put Corporate Trade Secrets in Jeopardy
·  Collective Infringement Suits Held as Lawful Enforcement, Not Unlawful Copyright Pooling
·  To Combat File Sharing on Campus, Copyright Clarity Needed, Educators Say
·  Vonage Sued Again for Infringing Patents on Internet Phone Technology
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
U.S., EU Reach Agreement at WTO on Compensation for Gambling Ban 
 
The European Union announced Dec. 17 it has reached a deal with the United States on improved access to the U.S. market for European services suppliers in order to compensate for Washington's decision to alter its World Trade Organization services schedule so as to exclude market access commitments on Internet gambling.  In a statement issued in Geneva, the EU said the deal will provide EU service suppliers with new trade opportunities in the U.S. postal and courier, research and development, and storage and warehouse sectors.  In addition, the United States will provide new market access opportunities in the testing and analysis services sector, the EU said.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Norwegian Company Opera Files Complaint Against Microsoft with EU Antitrust Regulator
·  FTC Chair Says She Will Not Recuse Herself from Reviewing Google-DoubleClick Merger
 
Subscribers may search ILR's Internet Commerce database

TELECOMMUNICATIONS 
 
Reid Puts Off Senate FISA Debate on Telecom Immunity Until January 
 
Senate Majority Leader Harry Reid (D-Nev.) late Dec. 17 said the Senate will postpone further debate on legislation to overhaul the Foreign Intelligence Surveillance Act (FISA) until January.  Reid said it was becoming clear that it would be difficult to work through amendments before Congress adjourns for the year.  Among the most thorny issues is whether to provide retroactive immunity to phone companies that participated in the Bush administration's warrantless wiretapping program.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Reid Says He Will Seek One Month Extension of FISA Law to Provide More Time for Debate
·  Senate Judiciary Rejects Bill to Shield Phone Companies from Wiretap Lawsuits
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Compelled Disclosure of PGP Password Would Violate Self-Incrimination Privilege 
 
A criminal defendant's compliance with a grand jury subpoena seeking the password protecting a laptop computer's contents would violate the Fifth Amendment privilege against compelled self-incrimination, a magistrate judge for the U.S. District Court for the District of Vermont held Nov. 29.  "A password, like a combination, is in the suspect's mind, and is therefore testimonial and beyond the reach of the grand jury subpoena," Magistrate Judge Jerome J. Niedermeier wrote.  In re Boucher, 2007 ILRWeb (P&F) 3093.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Evidence of Posting Protected Letter Thwarts Effort to Quash Demand for Poster's Identity
·  EPA Redesigns Risk-Information Web Site, Seeking Public Comments on New Features
·  Internet Search Engines Miss Information on Agency Web Sites, Senate Panel Told
·  Barton Seeks Details on Google Data Practices, Acquisition Plans
·  Chief Executive Officers, Directors Called to Shield Corporations from Cyberthreats
·  Treasury Department Issues Warning About Fake E-Mails Seeking Personal Data
·  DHS Cyber-Chief Says Infrastructure at Risk; Chertoff Makes Cybersecurity 2008 Priority
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
SSUTA Board to Address Issues in Bill to Allow for Mandatory Sales Tax Collection 
 
The Streamlined Sales and Use Tax Governing Board, Inc. will address in a written statement issues included in Section 6 of proposed federal legislation (H.R. 3396) that would allow the organization to collect states' taxes on electronic commerce sales to their residents.  The bill was sponsored by Rep. William Delahunt (D-Mass.), a member of the House Judiciary Committee's subcommittee on Commercial and Administrative Law, Joan Wagnon, president of the SSUTA Governing Board, said Dec. 11.  Subscribers read more ...

Other Taxation news: 
 
·  Web-Hosting Firms Assail French Plan to Create New Tax on Internet Advertising
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
'One-Shot' eBay Sale to Forum Resident Did Not Reasonably Support Jurisdiction 
 
A Montana resident who advertised a vehicle on eBay and later sold it to a South Dakota resident could not be sued in South Dakota over a dispute about the sale, the South Dakota Supreme Court held Dec. 5.  Judge David Gilbertson held that exercising jurisdiction over Wratislaw based on his "one-shot" deal with Marschke did not satisfy due process requirements and affirmed the lower court's dismissal for lack of jurisdiction.  Marschke v. Wratislaw, 2007 ILRWeb (P&F) 3217.  Subscribers read more ...
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Use of Web Sites to Promote Unlawful Drug Sales Draws Mass-Marketing Sentence Boost 
 
Conspiring to distribute controlled substances through an illegal Internet pharmacy is "mass marketing" justifying an enhancement under the federal Sentencing Guidelines, the U.S. Court of Appeals for the Eighth Circuit held Dec. 12.  The court said that a doctor who was convicted of conspiracy to distribute controlled substances was subject to a two-level sentencing enhancement. The enhancement required "mass marketing by means of an interactive computer service," and the court said that the web-based pharmacy through which the doctor worked qualified.  United States v. Hanny, 2007 ILRWeb (P&F) 3215.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  Bill Increasing Penalties for Cybercrime, Identity Theft May Leave Holes for Botnets
·  Pennsylvania Senate OKs Civil, Criminal Penalties for Spyware Installation, Use
·  Committee-Passed Bill Would Allow Web Sites Access to Sex Offender List
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Boucher, In re, 2007 ILRWeb (P&F) 3093 [D Vt] (Fifth Amendment right against self-incrimination protects defendant from disclosing password to grand jury to permit access to images of child porn on his computer)
·  Does 1-10, In re, 2007 ILRWeb (P&F) 3209 [Tex Ct App] (Disclosure of blogger's identity must be accomplished through rules of procedure; CCPA not an independent basis for justifying discovery)
·  Facebook, Inc. v. ConnectU LLC (Order Denying Plaintiff's Motion for Sanctions), 2007 ILRWeb (P&F) 3087 [ND Cal] (Motion for sanctions against ConnectU denied)
·  Facebook, Inc. v. ConnectU LLC (Order Granting Motion to Dismiss Claims Against Defendants Cameron Winklevoss, Tyler Winklevoss, and Divya Narendra), 2007 ILRWeb (P&F) 3089 [ND Cal] (Prior state court decision dismissing individual defendants for lack of jurisdiction is conclusive)
·  Fair Housing Council of San Fernando Valley v. Roommates.com, LLC (Order Denying Amazon.com, et al. Leave to File an Amici Curiae Brief), 2007 ILRWeb (P&F) 3213 [9th Cir] (Citing the Advisory Committee Note to Ninth Circuit Rule 29-2, court denies providers of interactive computer services and others leave to file a friend-of-the-court brief)
·  43sb.com, LLC, In re, 2007 ILRWeb (P&F) 3095 [D Idaho] (Evidence of posting protected letter thwarts effort to quash demand for poster's identity)
·  Lahoti v. Vericheck, Inc., 2007 ILRWeb (P&F) 3211 [WD Wash] (Provider of electronic payment services is entitled to judgment on ACPA, Lanham Act, trademark infringement, and other claims)
·  Marschke v. Wratislaw, 2007 ILRWeb (P&F) 3217 [SD Sup Ct] ('One-shot' eBay sale to forum resident did not reasonably support jurisdiction)
·  Roskowski v. Corvallis Police Officers' Association, 2007 ILRWeb (P&F) 2915 [9th Cir] (CDA shields a police officers' association from liability for allegedly defamatory statements posted on the association's web site)
·  UMG Recordings, Inc. v. Lindor, 2007 ILRWeb (P&F) 3091 [ED NY] (Collective infringement suits held as lawful enforcement, not unlawful copyright pooling)
·  United States v. Hanny, 2007 ILRWeb (P&F) 3215 [8th Cir] (Operation of illegal Internet pharmacy warrants application of mass-marketing sentence enhancement)
·  United States v. Kenrick, 2007 ILRWeb (P&F) 2529 [3d Cir] (Condition of supervised release, which imposes lifetime prohibition on possession of sexually explicit materials, violates First Amendment rights of child molester who seduced his victim online)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Arista Records LLC v. Does 1-17 (Surreply in Opposition to the University's Motion to Quash), 2007 ILRWeb (P&F) 3206 [D Ore] (Record companies seeking disclosure of the identities of students allegedly engaged in infringing P2P file-sharing oppose the Oregon AG's motion to quash subpoena)
·  Facebook, Inc. v. Fabian (First Amended Complaint), 2007 ILRWeb (P&F) 3208 [ND Cal] (Facebook alleges that defendants used automated script to harvest information about Facebook users in violation of CFAA, state law, and in breach of contract)
·  Lifestyle Lift Holding, Inc. v. Leonard Fitness, Inc. (Motion to Dismiss), 2007 ILRWeb (P&F) 3204 [ED Mich] (Public Citizen argues that cosmetic surgery company cannot use trademark law to silence Internet critics)
·  Tiffany (NJ), Inc. v. eBay, Inc. (Plaintiff's Post-Trial Memorandum), 2007 ILRWeb (P&F) 3212 [SD NY] (Jeweler claims eBay is liable as contributory infringer)
·  Tiffany (NJ), Inc. v. eBay, Inc (Defendant's Post-Trial Memorandum), 2007 ILRWeb (P&F) 3214 [SD NY] (eBay disputes contributory infringement liability)
·  Vonage Holdings Corp. v. Nortel Networks, Inc. (Complaint), 2007 ILRWeb (P&F) 2428 [D Del] (Vonage seeks declaratory judgment of non-infringement)
·  Vonage Holdings Corp. v. Nortel Networks, Inc. (Nortel's Answer and Counterclaims), 2007 ILRWeb (P&F) 3210 [D Del] (Nortel counterclaims that Vonage has infringed its patents)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

U.S. Mobile WiMAX Market Update - New
With the recent resignation of Sprint Nextel CEO Gary Forsee raising speculation as to the long term prospects of Sprint Nextel's WiMAX effort, Xohm, and news that Clearwire has delayed its WiMAX rollout in at least one market, we take a look at how these developments, along with the demise of the Sprint Nextel/Clearwire WiMAX partnership, could affect the future of services riding on the next-generation wireless technology. We provide our views of the likely success factors and challenges for WiMAX initiatives over the next 12 – 18 months.

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 
 
Best Practices for Businesses Exploring, Exploiting, and Expanding in Web 2.0
Upcoming 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 ABA Section Task Force Chairman Stephen Hollman, along with Santa Clara Law School's Eric Goldman, EFF's Fred von Lohmann, VantagePoint's Duncan Davidson, and Viacom's Betty Panarella and Annemarie Bray for this interactive audio event. Register your entire staff for one low price to secure actionable insight and take-away recommendations.   Learn more.

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

Internet Law Attorney Directory

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