Web 2.0: Recognizing Business Opportunities & Avoiding Risks – CD Recordings Available

If you missed yesterday's audio conference on Best Web 2.0 Business Practices, you haven't missed out completely.  CD-ROM recordings of the event are now available.  Order one today! 

Latest News 
 
INTELLECTUAL PROPERTY
 
ACPA Protections Extend to Personal Name Lacking Trademark for Cybersquatting Only 
 
The Anticybersquatting Consumer Protection Act will prevent a person from registering another's name in order to extort money, but the registrant will not be liable for bad faith profiting from a mark—an ACPA provision—unless the name has actually been registered as a trademark, the U.S. District Court for the Middle District of Florida held Dec. 17.  The court said that individual names are not, without more, "protected marks" within the meaning of the ACPA.  Salle v. Meadows, 2007 ILRWeb (P&F) 3291.  Subscribers read more ...

Other Intellectual Property news:
 
·  High Court Will Hear Arguments on Limits of the First Sale Doctrine
·  Two Federal Courts Examine Remedies for Intermingled, Infringing Digital Photos
·  Court Justified in Denying Attorneys' Fees Even When Infringer Initially Misidentified
·  Domain Registration of Band Name Used for Decades Is Not Bad-Faith Cybersquatting
·  Issues of Fact Bar Summary Judgment That Cybersecurity Patents Were Anticipated
·  Purchase of Search Keywords Challenged
·  Software Trademark Used for Internet Searching Not Infringed Absent Confusion
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Linden Lab's Virtual Banking Ban Leaves Virtual Banks Considering Their Alternatives 
 
Linden Lab's Jan. 8 decision to ban virtual banking and investment activities by unregulated entities operating within the Second Life virtual world met with the approval of many who were skeptical of the safety and legality of these entities.  The company's decision reportedly came in response to growing complaints from users over dubious financial practices in the virtual world and the August 2007 collapse of virtual bank Ginko Financial, a holder of some 18,000 Second Life savings accounts.  Other virtual banks have fallen victim to hacking heists, while high interest rates have created concern among observers and users alike.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  EC Closes Inquiry Into iTunes Online Store After Apple Agrees to Not Charge More in UK
·  Searching Computer in P2P File-Sharing Investigation Is Not Trespass to Chattels
·  New York Attorney General Subpoenas Intel Corp. in Microprocessor Market Probe
·  Claim Under Single-User Computer Software License Held 'Legally Viable'
·  EU Initiates Two Probes Against Microsoft; Suspected of Abusing Dominant Position
·  Click-Wrap Agreement Required for TV Sale Binding Despite Referring to Computer Sale
·  Phone Purchaser Had Notice of, Was Bound by, Contract Terms Inside Box, on Web Site
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Cable Privacy Law Provides No Authority for Subpoena Seeking Subscriber Records 
 
A statute permitting disclosure of cable subscriber information pursuant to court order does not provide independent procedural grounds for obtaining an order for disclosure, the Texas Court of Appeals held Dec. 12.  In order to compel disclosure of an anonymous speaker's identity, a plaintiff must establish a case sufficient to survive a motion for summary judgment against the speaker, the court said.  In re Does 1-10, 2007 ILRWeb (P&F) 3209.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Another Federal Court Strikes Down Rx Data Ban on Free Speech Grounds
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FCC Opens Inquiries Into Concerns About Network Management Policies 
 
Federal Communications Commission Chairman Kevin Martin Jan. 15 confirmed to reporters that letters of inquiry had been sent to Comcast and Verizon Wireless about their network management practices in response to allegations of blocking.  A letter of inquiry is the first step in an investigation, which can lead to enforcement action including forfeitures.  In addition, the FCC late Jan. 14 issued three public notices seeking comment on petitions filed primarily by public interest groups concerned about possible discrimination and blocking of Internet Protocol applications and services.  Subscribers read more ...
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
EC Cites 19 Member States Over Failure to Implement EU Data Retention Directive 
 
The European Commission has formally written to 19 European Union member states, citing their failure to meet the deadline for implementing the EU directive on retention of telephone and Internet data, a spokesman for Franco Frattini, European Commissioner for Justice, Freedom and Security said Jan. 8.  The EU Data Retention Directive (EEC/24/06), which was adopted in late 2005, obliges member states to enact legislation requiring providers of public electronic communications services—fixed and mobile telecommunications and Internet providers—to retain traffic and location data for a minimum of six months and up to a maximum of two years, so that these can be made available to law enforcement authorities for the detection, investigation and prosecution of serious crimes.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Traditional Perimeter Data Security Measures Ineffective to Halt P2P Threat, Panelists Say
·  Connecticut AG Critical of Opt-Out Registry
·  Massachusetts Extends Comment Period for Proposed Personal Data Protection Rules
·  Changes to United States v. Forrester Expand on Address/Content Issue
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Massachusetts Commission Urges State to Adopt Streamlined Sales Tax Agreement 
 
A Massachusetts commission charged with studying the state's system of corporate taxation has recommended the state adopt the Streamlined Sales and Use Tax Agreement (SSUTA) and become a fully participating member in the Streamlined Sales Tax Project.  A majority of the panel also voted to support a three-part recommendation calling for the adoption of a combined reporting system, revising the business entity classification rules to conform to federal check-the-box rules, and achieving a "meaningful reduction" in the corporate income tax.  Subscribers read more ...

Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Nebraska Court Exerts Jurisdiction Over Alleged Web Site Photo Swiper in California 
 
A California plastic surgeon who posted copyrighted "before and after" photographs belonging to a Nebraska surgeon on his web site, claiming they depicted results from surgeries he performed, is subject to the jurisdiction of a Nebraska court in a copyright infringement lawsuit arising from the posting of the photos, the U.S. District Court for the District of Nebraska held Dec. 18.  Denenberg v. Djordjevic, 2007 ILRWeb (P&F) 3287.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Alleged Copying of Colorado Web Site Insufficient State Contact for Jurisdiction
·  Web Site User Bound by Forum Selection Clause in Clearly Identified Terms of Use
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
State AGs Unveil Initiative with MySpace to Protect Minors from Sexual Predators 
 
State attorneys general Jan. 14 announced that social networking web site MySpace has agreed to adopt a new set of Internet safety standards and to launch an industry task force to protect minors from sexual predators online.  The agreement represents the culmination of nearly two years of discussions between MySpace and a group of attorneys general, led by North Carolina Attorney General Roy Cooper and Connecticut Attorney General Richard Blumenthal, according to a statement.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  Guilty Plea Filed in Keystroke Logging Scam at Hotel Business Centers, Internet Cafes
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Allison v. Wise, 2007 ILRWeb (P&F) 3285 [D Colo] (Alleged copying of Colorado web site insufficient state contact for jurisdiction)
·  Applied Information Sciences Corp. v. eBay, Inc., 2007 ILRWeb (P&F) 3253 [9th Cir] (Summary judgment favoring eBay upheld where owner of "SmartSearch" mark failed to produce any evidence of likely confusion)
·  Atlantic Recording Corp. v. Serrano, 2007 ILRWeb (P&F) 3277 [SD Cal] (Searching computer in P2P file-sharing investigation is not trespass to chattels)
·  Ballas v. Virgin Media, Inc., 2007 ILRWeb (P&F) 3299 [NY Sup Ct] (Phone purchaser had notice of, was bound by, contract terms inside box, on web site)
·  Davis v. Dell, Inc., 2007 ILRWeb (P&F) 3297 [D NJ] (Click-wrap agreement required for TV sale binding despite referring to computer sale)
·  Denenberg v. Djordjevic, 2007 ILRWeb (P&F) 3287 [D Neb] (Nebraska court exerts jurisdiction over alleged web site photo swiper in California)
·  Does 1-10, In re, 2007 ILRWeb (P&F) 3209 [Tex Ct App] (Disclosure of blogger's identity must be accomplished through procedural rules; CCPA not an independent basis for justifying discovery)
·  IMS Health Corp. v. Rowe, 2007 ILRWeb (P&F) 3283 [D Me] (Court strikes down Rx data ban on free speech grounds)
·  Krause v. Chippas, 2007 ILRWeb (P&F) 3261 [ND Tex] (Web site user bound by forum selection clause in clearly identified terms of use)
·  Maestro International, Inc. v. Adams, 2007 ILRWeb (P&F) 3295 [Nominet UK] (Domain name consisting of trademarked, yet generic, term is not an abusive registration, notwithstanding respondent's practice of registering names incorporating famous marks)
·  Ormsby v. Barrett, 2008 ILRWeb (P&F) 1005 [WD Wash] (Domain registration of band name used for decades is not bad-faith cybersquatting)
·  Overlap, Inc. v. Alliance Bernstein Investments, 2007 ILRWeb (P&F) 3289 [WD Mo] (Claim under single-user computer software license held 'legally viable')
·  Photo Resource Hawai'i, Inc. v. American Hawai'i Travel, Inc., 2007 ILRWeb (P&F) 3279 [D Haw] (In intermingled, infringing digital photo case, the court issues preliminary injunction and grants plaintiff's request for impoundment of the images)
·  Propet USA, Inc. v. Shugart, 2007 ILRWeb (P&F) 3281 [WD Wash] (Permanent injunction issued in intermingled, infringing digital photo case; plaintiff's burden to identify infringing images)
·  Salle v. Meadows, 2007 ILRWeb (P&F) 3291 [MD Fla] (ACPA protections extend to personal name lacking trademark for cybersquatting only)
·  SRI International, Inc. v. Internet Security Systems, Inc., 2008 ILRWeb (P&F) 1003 [Fed Cir] (District court's grant of summary judgment as to the invalidity of patent relating to cybersecurity and intrusion detection affirmed in part and vacated and remanded in part)
·  United States v. Forrester (Second Amended Opinion), 2008 ILRWeb (P&F) 1007 [9th Cir] (Court amends opinion again, apparently for the purpose of clarifying its view that e-mail addresses and IP addresses are constitutionally unprotected in the same fashion as dialed telephone numbers)
·  Virgin Records America, Inc. v. Thompson, 2008 ILRWeb (P&F) 1001 [5th Cir] (Court justified in denying attorneys' fees even when infringer initially misidentified)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Atlantic Recording Corp. v. Howell (Amicus Curiae Brief of Electronic Frontier Foundation in Opposition to Plaintiffs' Motion for Summary Judgment), 2008 ILRWeb (P&F) 1004 [D Ariz] (Amicus brief addresses the proper scope of the exclusive right of distribution as defined in Section 106(3) of the Copyright Act)
·  Gordon v. Virtumundo, Inc. (Amicus Curiae Brief of the State of Washington), 2007 ILRWeb (P&F) 3036 [9th Cir] (Amicus brief arguing that CAN-SPAM does not preempt Washington's Commercial Electronic Mail Act)
·  Gordon v. Virtumundo, Inc. (Brief of Appellees Virtumundo, Inc., et al.), 2007 ILRWeb (P&F) 3226 [9th Cir] (Brief seeks to uphold decision that appellant lacked standing to bring private cause of action under CAN-SPAM and that CAN-SPAM preempts state spam law)
·  1-800 Contacts, Inc. v. LensWorld.com, Inc. (Complaint), 2008 ILRWeb (P&F) 1002 [D Utah] (Internet vendor of contact lenses alleges, inter alia, that competitor has used its trademarks as search engine keywords, in violation of the Lanham Act)
·  Quanta Computer, Inc. v. LG Electronics, Inc. (Brief for Petitioners), 2007 ILRWeb (P&F) 3034 [US Sup Ct] (Petitioners argue that a patent owner is entitled to no more than one royalty on the sale of a patented article, that an authorized first sale of the patented article fully exhausts the patent owner's rights in that article, and that the Federal Circuit's conditional sales case law in the exhaustion context conflicts with Supreme Court precedent)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Broadband Competition Outlook 2008 - New!
This report offers up Pike & Fischer's projections for the coming year on competitive developments in the broadband services market. It includes forecasts on subscriber growth for various services and qualitative analysis of the impact that new applications such as mobile broadband applications, high-definition TV and VoIP will have on the marketplace. Eight bar and pie charts are included.

U.S. Mobile WiMAX Market Update
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 
 
Broadband Policy Summit IV - Save the Date!
June 12-13, 2008 | The Westin Embassy Row | Washington, D.C.
Broadband Policy Summit IV will tackle the tough questions plaguing lawmakers, regulators and business executives as they continue to sort through the thicket of outdated laws and definitions that govern the development of all communications services.  On June 12 & 13, 2008 we'll once again explore, explain and debate the complex issues facing the communications industry to provide you with a clear sense of what has happened and, more importantly, what's likely to happen in the telecommunications and broadband policy arenas.  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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