Best Practices Audiocast Only Two Weeks Away

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 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.

Latest News 
 
INTELLECTUAL PROPERTY
 
Patent Requiring Internet Access as 'Communications Link' Not Infringed by eBay 
 
Two Internet billing patents requiring a trusted third party to provide customers with the "communications link" of Internet access are not infringed by eBay, Inc. and PayPal, Inc. because neither company provides such a service, the U.S. District Court for the Western District of Wisconsin ruled Dec. 10.  Granting summary judgment of noninfringement, the court acknowledged that "communications link" is not defined in the claims and that the lay person's understanding of "communications link" is broader than Internet access.  However, it said that this phrase had to be narrowly construed to mean Internet access in this case given this explicit requirement in each specification and an analysis of each patent as a whole.  Netcraft Corp. v. eBay, Inc., 2007 ILRWeb (P&F) 3251.  Subscribers read more ...

Other Intellectual Property news:
 
·  Fees, Terms Set for Transmission of Sound Recordings by New Subscription Services
·  Panelists Dispute Secondary Liability in the Wake of Recent Ninth Circuit Decisions
·  Federal Circuit Partially Reverses Summary Judgment Award in Google Patent Lawsuit
·  Group Warns of Potentially Deceptive Fee-Based File-Sharing Sites
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
FTC Approves Google Plan to Acquire DoubleClick, Requiring No Conditions 
 
The Federal Trade Commission Dec. 20 announced that it will not seek to block Google, Inc.'s proposed acquisition of Internet advertising firm DoubleClick, Inc.  In a 4-1 vote, the commission approved the $3.1 billion deal with no conditions.  "After carefully reviewing the evidence, we have concluded that Google's proposed acquisition of DoubleClick is unlikely to substantially lessen competition," the commission said in a statement.  The decision closed an eight-month FTC investigation that was focused on antitrust issues.  Commissioners found that privacy concerns surrounding the merger did not provide a basis for challenging it. Federal Trade Commission Statement Concerning Google/DoubleClick, 2007 ILRWeb (P&F) 3241.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Search Engine Firms Settle Charges of Promoting Illegal Gambling Activities
·  Comment Letters Call for Clarity, Flexibility in Rules to Limit Internet Gambling Payments
·  Amazon.fr Fined 100,000 Euro for Free Shipping in Violation of French Pricing Laws
·  Dutch Telecom Authority Imposes 1 Million Euros in Fines in Spyware Case
·  Antigua Allowed to Impose $21 Million Annually as Sanctions on U.S. in Gambling Dispute
·  FTC Staff Reports Hike in Malicious Spam, Discerns Slash in Delivery with ISP Filters
 
Subscribers may search ILR's Internet Commerce database

TELECOMMUNICATIONS 
 
ITU Group OKs First Global Standards for Internet Protocol TV at Malta Meeting 
 
A group of experts under the United Nations's International Telecommunication Union has approved in principle the first set of global standards for Internet protocol television (IPTV), a move which will accelerate the rollout of the new technology.  Meeting in Malta Dec. 11-18, the ITU's Focus Group on IPTV approved 21 documents setting out the requirements and architecture for the new global standard as well as issues such as quality and security of service, digital rights management (DRM), unicast and multicast, protocols, metadata, middleware and home networks.  Subscribers read more ...
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
FTC Releases Privacy Guidelines for Internet Advertising Industry 
 
The Federal Trade Commission Dec. 20 released a set of proposed privacy principles to guide data collection and consumer tracking practices in the online advertising industry.  The principles address growing concerns over a practice known as "behavioral advertising"—the tracking of a consumer's online activities, including the searches the consumer has conducted, web pages visited, and content viewed, in order to deliver advertising targeted to the individual's interests.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Settlement Reached in Facebook Text Message Suit
·  Congress Increases Cybersecurity Funding in Fiscal 2008 Omnibus Spending Package
·  House Subcommittee Holds Hearing on Bill to Hike Penalties for ID Theft
·  ICANN Staff to Consult Governments When Faced with Whois Privacy Conflicts
·  Texas AG, Santa.com Reach Agreement to Ensure Web Site's COPPA Compliance
·  France Google Ordered to Pay Benetton for Faulty Data Retention, IP Violation
·  EU Lawmakers to Probe Google/DoubleClick Privacy Issues, Possible Privacy Bill of Rights
·  Data Breach Notification Statutes Engender Stronger Corporate Data Security, Study Says
·  Judge Transfers Bank Claims Against TJX from Federal to Massachusetts State Court
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
French Senate Rejects Internet Ad Tax, Reverses Plan to Tax Video-On-Demand Sites 
 
France's Senate Dec. 18 rejected plans to create a new tax on Internet advertising revenues earned by online video-hosting services.  The Senate followed the advice of its finance commission, which recommended Dec. 12 that it reject an amendment to the year-end spending bill that would have created a new 2 percent tax on all advertising revenues earned by web sites that broadcast audiovisual material, such as YouTube or Dailymotion.  Subscribers read more ...

Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
One-Time Web Auction Sale Insufficient Basis for Jurisdiction Under Due Process Clause 
 
An individual who listed a vehicle for sale on an Internet auction site could not be subjected to jurisdiction in the state where the buyer resided, the Ohio Court of Appeals held Dec. 6.  Judge Susan Brown held that the defendant's one-time sale of a vehicle to the plaintiff, who placed a winning bid for the vehicle online, was insufficient contact with the state of Ohio for the court to exercise jurisdiction over the defendant under the due process clause.  Malone v. Berry, 2007 ILRWeb (P&F) 3229.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Lawyer Who Receives Electronic Material May Not Try to Discover Hidden Metadata
 
Subscribers may search ILR's Jurisdiction & Procedure database

Latest Cases 
 
·  Abrams v. Facebook, Inc. (Order Setting Deadline for Parties to File), 2007 ILRWeb (P&F) 3223 [ND Cal] (Before taking action on the parties' proposed Stipulation for Judgment, court must determine whether all parties consent to Magistrate Judge jurisdiction)
·  Adjustment of Rates and Terms for Preexisting Subscription and Satellite Digital Audio Radio Services (Final Rule), 2007 ILRWeb (P&F) 3243 [Copyright Royalty Bd] (Final regulations setting royalty rates and terms for use of sound recordings and making of ephemeral phonorecords by preexisting subscription services for the period 2008-2012)
·  Alberta Privacy Commissioner Report of an Investigation Concerning the Collection and Use of Personal Information:  Ticketmaster Canada Ltd., 2007 ILRWeb (P&F) 3239 [Alb Priv Comm'r] (Ticketmaster Canada Ltd. contravened the Personal Information Protection Act by requiring online customers to consent to the use of personal information for event provider's marketing purposes as a condition of ticket sales transactions)
·  Arizona State Bar Opinion 07-03, 2007 ILRWeb (P&F) 3099 [Ariz St Bar] (Lawyer who receives electronic material may not try to discover hidden metadata)
·  Browne v. Avvo, Inc., 2007 ILRWeb (P&F) 3225 [WD Wash] (Web site that rates lawyers is protected by First Amendment; no cause of action under Consumer Protection Act)
·  ClearOne Communications, Inc. v. Chiang, 2007 ILRWeb (P&F) 3237 [D Utah] (Defendant misappropriated plaintiff's trade secrets even though defendant could not decipher the object code to understand any underlying secrets; there is no requirement of comprehension of the trade secret to state a claim for misappropriation)
·  Columbia Pictures, Inc. v. Bunnell, 2007 ILRWeb (P&F) 3219 [CD Cal] (TorrentSpy's e-discovery violations earn terminating sanctions, default judgment)
·  Couch v. Telescope, Inc., 2007 ILRWeb (P&F) 3097 [CD Cal] (Plaintiffs sufficiently alleged that game shows conducted illegal lotteries as defined by California law, even though folks could enter the contest online for free)
·  Digital Performance Right in Sound Recordings and Ephemeral Recordings for a New Subscription Service (Final Rule), 2007 ILRWeb (P&F) 3245 [Copyright Royalty Bd] (Final regulations setting rates and terms for use of sound recordings in transmissions made by new subscription services and for making of ephemeral recordings necessary for the facilitation of such transmissions for the period commencing from the inception of the new subscription service through Dec. 31, 2010)
·  Federal Trade Commission Statement Concerning Google/DoubleClick, 2007 ILRWeb (P&F) 3241 [FTC] (Commission approves Google plan to acquire DoubleClick, requiring no conditions)
·  Google, Inc. v. Benetton/Bencom, 2007 ILRWeb (P&F) 3231 [Cour d'Appel de Paris (France)] (France Google ordered to pay Benetton for faulty data retention, IP violation)
·  Hyperphrase Technologies, LLC v. Google, Inc., 2007 ILRWeb (P&F) 3249 [Fed Cir] (Summary judgment award in Google patent lawsuit partially reversed)
·  Malone v. Berry, 2007 ILRWeb (P&F) 3229 [Ohio Ct App] (One-time web auction sale insufficient basis for jurisdiction under due process clause)
·  Nationwide Bi-Weekly Administration, Inc. v. Belo Corp., 2007 ILRWeb (P&F) 3247 [5th Cir] (Texas Supreme Court would likely adopt the single publication rule for Internet publications)
·  Netcraft Corp. v. eBay, Inc., 2007 ILRWeb (P&F) 3251 [WD Wis] (Patent requiring Internet access as 'communications link' not infringed by eBay)
·  Tennessee Walking Horse Breeders' and Exhibitors' Association v. National Walking Horse Association, 2007 ILRWeb (P&F) 3235 [MD Tenn] (Defendant's use of plaintiff's trademarked name and acronym on web site did not violate Lanham Act)
·  Texas, State of v. Small's Seed Co. (Assurance of Voluntary Compliance), 2007 ILRWeb (P&F) 3227 [Tex Dist Ct] (Texas AG, Santa.com reach agreement to ensure web site's COPPA compliance)
·  TJX Companies Retail Security Breach Litigation, In re, 2007 ILRWeb (P&F) 3233 [D Mass] (Judge transfers bank claims against TJX from federal to Massachusetts state court)
·  United States v. King, 2007 ILRWeb (P&F) 3221 [11th Cir] (No reasonable expectation of privacy in computer files that were remotely accessed over a military computer network)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Abrams v. Facebook, Inc. (Stipulated Entry of Judgment of Dismissal with Prejudice and General Release), 2007 ILRWeb (P&F) 3216 [ND Cal] (Settlement reached in Facebook text message suit)
·  FranklinCovey Co. v. Lycos, Inc. (Complaint), 2007 ILRWeb (P&F) 3218 [D Utah] (Copyright infringement suit based on alleged unauthorized posting of book)
 
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 
 
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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