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Latest News 
 
INTELLECTUAL PROPERTY
 
Embedded Digital Watermark Protected as 'Copyright Management Information' 
 
A business that allegedly copied copyrighted photographs from a website and used the images in advertisements is liable for the removal of embedded digital watermarks from the images, the U.S. District Court for the District of Minnesota held Feb. 15. The court said that the watermarks were copyright-eligible as "copyright management information."  Accordingly, their removal was an actionable copyright violation, the court said.  Gregerson v. Vilana Financial, Inc., 2008 ILRWeb (P&F) 1241.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Post-Verdict Award Against Microsoft Should Have Been Explained by Court
·  Federal Court Opts to Hear Copyright Claims Despite Parallel State Contract Action
·  State Supreme Court Must Decide Whether Trademark Infringement Is Advertising Injury
·  Efforts to Address 'Phishing' Concerns Complicated by Debate Over Trademarks
·  Recording Company Must Allege Facts to Obtain Default Infringement Judgment
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Domain Registrar Sued for Reserving Names Without Notice; ICANN Also Named as Party 
 
Domain registrar Network Solutions' practice of covertly "reserving" queried domain names is a self-serving monopoly, and amounts to fraudulent concealment and unjust enrichment, a class action complaint filed Feb. 25 in the U.S. District Court for the Central District of California alleged.  The complaint also named the Internet Corporation for Assigned Names and Numbers as a party, alleging that ICANN had aided and abetted Network Solutions' fraudulent concealment.  McElroy v. Network Solutions, LLC (Class Action Complaint), 2008 ILRWeb (P&F) 1222.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  EU Fines Microsoft $1.34 Billion for Noncompliance with 2004 Ruling
·  Internet Payday Lenders Agree to Settle FTC Advertising Challenges
·  Commerce ICANN Review on Track, but Transition Specifics Still Needed
·  Costa Rica Drops Arbitration Claim Against U.S. in WTO Gambling Dispute
·  Alleged Information Theft Qualifies as CFAA Loss
·  Adult Websites Marketer Held Responsible for Affiliates' Illegal Actions, Settles Charges
·  CAN-SPAM Claim Not Alleging Adverse Effects Dismissed for Lack of Standing
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Federal Court Lifts Injunction Against Website That Posted Bank Data, Cites First Amendment 
 
An injunction attempting to shut down a website featuring copies of documents that allegedly showed offshore tax evasion and money laundering by the plaintiff bank's clients was dissolved Feb. 29 by the U.S. District Court for the Northern District of California.  Swiss bank Julius Baer & Co. Ltd. requested the injunction shortly after the website Wikileaks.org posted hundreds of bank documents from a branch in the Cayman Islands.  Wikileaks describes itself as a "transparency group" that posts documents submitted by anonymous whistle-blowers.  Bank Julius Baer & Co. Ltd. v. Wikileaks, 2008 ILRWeb (P&F) 1273.  Subscribers read more ...
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Senate Passes VoIP E-911 Bill Giving Providers Access to Network 
 
The Senate late Feb. 26 amended and then passed by unanimous consent a bill (S. 428) to help Voice over Internet Protocol (VoIP) providers offer more reliable E-911 service.  The bill, sponsored by Sen. Bill Nelson (D-Fla.), has been in the pipeline for years.  A version almost passed in the 109th Congress, and the bill was reintroduced in January 2007.  The Senate Commerce, Science, and Transportation Committee reported out the bill last April.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Better Broadband Data Reporting Could See Vote at Next FCC Meeting
·  Public Safety Officials Optimistic Broadband Network Will Be Built
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Sixth Circuit Decides Identity Theft Raises No Constitutional Privacy Right 
 
Identity theft effected with a Social Security number stolen off of a county court clerk's public website did not implicate the victim's federal constitutional privacy rights, the U.S. Court of Appeals for the Sixth Circuit held Feb. 25.  The Sixth Circuit takes a "restrictive view of informational privacy," Judge Ronald L. Gilman said.  In contrast to some other circuits, it has recognized a constitutional right to informational privacy only in the contexts of threats of serious bodily harm and invasions of sexual privacy—both of which are "fundamental" rights, he said.  Lambert v. Hartman, 2008 ILRWeb (P&F) 1245.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Arab States Endorse U.N. Cybersecurity Plan; Worldwide Developing Nations Plan Continues
·  German Constitutional Court Limits Statute Authorizing Law Enforcement Use of Spyware
·  Interactive Advertising Bureau Board Adopts 'Flexible' Privacy Guidelines
·  House Homeland Security Panel Quizzes Officials on White House Cybersecurity Effort
·  U.K. Police Investigate Government Laptop, Encrypted Disk Apparently Sold on eBay
·  Anti-Spyware Legislation Proliferates as Missouri House Considers New Bill
·  ENISA Report:  European Businesses Need Plans to Deal with IT Risks to Operations
·  Report Details Web Site Browsing Data Security Threats to Business
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Governor Signs Bill Offering Tax Exemptions to Web Search Portal Firms Locating in Iowa 
 
Iowa Gov. Chet Culver (D) Feb. 28 signed legislation that would offer a series of tax exemptions to web search portal companies that locate within the state this year.  H.F. 2233, introduced by the House Ways and Means Committee, would offer web search portal companies a sales tax exemption on the sales and rentals of the computers and equipment necessary for the maintenance and operation of their businesses, provided they buy or lease land in the state by Dec. 31, 2008.  The companies also would be required to invest at least $200 million in the state within their first six years of operation.  Subscribers read more ...

Other Taxation news: 
 
·  Utah House OKs Bill Authorizing State's Full Membership in SSUTA
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Using Forum Resident's Trademarks in Domain Names Supports Jurisdiction There 
 
An individual who registered Internet domain names he knew were trademarked by a Texas company is subject to the jurisdiction of a Texas court in a lawsuit arising from his unauthorized use of the marks, the U.S. District Court for the Northern District of Texas held Jan. 2.  First Fitness International, Inc. v. Thomas, 2008 ILRWeb (P&F) 1111.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Download, Alleged Copying of Software from Web Site Supports Federal Jurisdiction
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Virginia Supreme Court Upholds Constitutionality of State Anti-Spam Law 
 
Virginia's anti-spam law is constitutional and was properly applied in the conviction of an e-mail marketer who sent tens of thousands of false and misleading e-mails into the Commonwealth, the Virginia Supreme Court ruled Feb. 29.  The court ruled that the defendant lacked standing to raise First Amendment overbreadth and vagueness challenges to the state law.  Further, the court held, the state's interest in regulating commercial e-mails outweighs the burdens of complying with the law, so the statute does not offend the commerce clause.  Jaynes v. Commonwealth of Virginia, 2008 ILRWeb (P&F) 1271.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  Protection Order Barring All Contact Extends to Messages Sent on Social Network
·  United States, Canada Crack Down on Network Hardware Counterfeiters
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Amado v. Microsoft Corp., 2008 ILRWeb (P&F) 1253 [Fed Cir] (In a case alleging that several versions of Microsoft's Office Suite infringed plaintiff's patent, the district court failed to adequately explain the basis for its award of $0.12 per infringing unit sold during the stay of the permanent injunction)
·  American Cash Market, Inc., In re (Agreement Containing Consent Order), 2008 ILRWeb (P&F) 1255 [FTC] (Internet payday lender agrees to settle FTC advertising challenges)
·  Anderson Payday Loans, In re (Agreement Containing Consent Order), 2008 ILRWeb (P&F) 1257 [FTC] (Internet payday lender agrees to settle FTC advertising challenges)
·  Atlantic Recording Corp. v. Brennan, 2008 ILRWeb (P&F) 1247 [D Conn] (Recording company must allege facts to obtain default infringement judgment)
·  Bank Julius Baer & Co. Ltd. v. Wikileaks, 2008 ILRWeb (P&F) 1273 [ND Cal] (Federal court lifts injunction against website that posted bank data, cites First Amendment)
·  Brosnan v. Alki Mortgage, LLC, 2008 ILRWeb (P&F) 1239 [ND Cal] (CAN-SPAM claim not alleging adverse effects dismissed for lack of standing)
·  CashPro d/b/a MakePaydayToday.com, In re (Agreement Containing Consent Order), 2008 ILRWeb (P&F) 1259 [FTC] (Internet payday lender agrees to settle FTC advertising challenges)
·  First Fitness International, Inc. v. Thomas, 2008 ILRWeb (P&F) 1111 [ND Tex] (Using forum resident's trademarks in domain names supports jurisdiction there)
·  General Casualty Co. of Wisconsin v. Wozniak Travel, Inc., 2008 ILRWeb (P&F) 1279 [D Minn] (State supreme court must decide whether trademark infringement is advertising injury)
·  Gregerson v. Vilana Financial, Inc., 2008 ILRWeb (P&F) 1241 [D Minn] (Embedded digital watermark protected as 'copyright management information')
·  IP-Enabled Services, Telephone Number Portability, Numbering Resource Optimization (Final Rule), 2008 ILRWeb (P&F) 1269 [FCC] (Commission adopts rules extending local number portability obligations and numbering administration support obligations to interconnected VoIP services; responds to the D.C. Circuit Court of Appeals stay of the Commission's Intermodal Number Portability Order)
·  Jaynes v. Commonwealth of Virginia, 2008 ILRWeb (P&F) 1271 [Va Sup Ct] (Virginia Supreme Court upholds constitutionality of state anti-spam law)
·  LaFace Records, LLC v. Does 1-5, 2008 ILRWeb (P&F) 1261 [WD Mich] (The limited authority to issue subpoenas under the CCPA and the DMCA is not a reason to quash a subpoena issued under Rule 45; FERPA allows universities to release information in response to a court-ordered subpoena)
·  Lambert v. Hartman, 2008 ILRWeb (P&F) 1245 [6th Cir] (Government's posting of Social Security number on public website does not implicate constitutional right to privacy)
·  Ms. W, Mr. B v. GVBI NW 2006, 2008 ILRWeb (P&F) 1265 [BVerfG (Germany)] (German constitutional court limits statute authorizing law enforcement use of spyware)
·  New York, People of v. Fernino, 2008 ILRWeb (P&F) 1227 [NY City Crim Ct] (Protection order barring all contact extends to messages sent on social network)
·  Prominent Consulting LLC v. Allen Brothers, Inc., 2008 ILRWeb (P&F) 1277 [ND Ill] (Federal court opts to hear copyright claims despite parallel state contract action)
·  Resource Center for Independent Living, Inc. v. Ability Resources, Inc., 2008 ILRWeb (P&F) 1275 [D Kan] (Alleged information theft qualifies as CFAA loss)
·  Tableau Software, Inc. v. Any Aspect KFT., 2008 ILRWeb (P&F) 1267 [ND Cal] (Download, alleged copying of software from web site supports federal jurisdiction)
·  Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities (Final Rule; Extension of Waiver), 2008 ILRWeb (P&F) 1263 [FCC] (Waivers of certain TRS mandatory minimum standards for Video Relay Service (VRS) and Internet Protocol Relay (IP Relay) extended for an additional year)
·  United States v. Cyberheat, Inc. (Proposed Order for Permanent Injunction), 2008 ILRWeb (P&F) 1403 [D Ariz] (Adult websites marketer held responsible for affiliates' illegal actions, settles charges)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Bank Julius Baer & Co. Ltd. v. Wikileaks (Motion to Intervene and Supporting Memorandum), 2008 ILRWeb (P&F) 1224 [ND Cal] (Non-profit organizations seek to intervene in Wikileaks dispute, arguing that the permanent injunction disabling the wikileaks.org domain name violates First Amendment)
·  Bradburn v. North Central Regional Library District (Defendant's Motion for Summary Judgment), 2008 ILRWeb (P&F) 1228 [ED Wash] (Library argues that its practice of offering only filtered Internet access does not violate the Washington State Constitution)
·  Cunzhu v. Yahoo! Inc. (Complaint), 2008 ILRWeb (P&F) 1226 [ND Cal] (Torture, assault, battery, and other claims arising from Yahoo's alleged disclosure of plaintiffs' electronic communications to Chinese government)
·  Doe VIII v. MySpace, Inc. (Plaintiffs' Original Petition), 2007 ILRWeb (P&F) 3234 [Tex Dist Ct] (Estate of teenager who committed suicide sues MySpace for enabling the communications of an alleged sexual predator)
·  McElroy v. Network Solutions, LLC (Class Action Complaint), 2008 ILRWeb (P&F) 1222 [CD Cal] (Class action alleges domain name front running)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

The iTunes Movie Rental Service - Can it Enliven Apple TV? - New!
Apple's introduction of an online movie rental service through iTunes will enable consumers to view Web-based video on their televisions. The service uses the Apple TV set-top box, which the company hopes will heat up what so far have been lackluster sales of the device. In this competitor profile, we assess the opportunities and risks that Apple faces with the new iTunes venture -- especially its chances of competing against growing libraries of video-on-demand services from multichannel video providers.

Broadband Competition Outlook 2008 
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.

View all Market Research Reports & Briefs

Events & Conferences 
 
Broadband Policy Summit IV - Navigating the Digital Revolution
The Westin Embassy Row, Washington, D.C., June 12 -13, 2008
Reserve your seat today at Washington's preeminent annual policy forum.  BPS IV will once again play host to the nation's top federal, state, and private sector players who will discuss and debate the critical issues facing the broadband industry, including the pending 700 MHz spectrum auction, wireless broadband, network management/net neutrality, broadband deployment and more.  Confirmed keynotes include FTC Commissioner J. Thomas Rosch and Ambassador David Gross.  Congressional and FCC keynotes to be announced.  View the Summit program and register by May 1st to secure early bird rates.  Group, academic and gov't rates available.  Interested in sponsoring?  Contact Todd Dale. 


Best Practices for Businesses Exploring, Exploiting, and Expanding in Web 2.0
Best-selling audio conference CD now available!
Don't miss out on this opportunity to gain practical guidance from industry professionals on how best to harness the power of Web 2.0 while mitigating legal risks. The recording of our Jan. 15 program, on CD, is now available--to revisit on your own, or share with colleagues. Your purchase includes the original presentation handout--PLUS the Q&A with our speakers.  Order now.


Global IP Exchange – May 4-6, 2008 – Pinehurst Resort, NC
This exclusive event will bring together an elite group of senior strategists to participate in discussions on the most critical issues in the management of intellectual property. Participants will attend strategic conference sessions, unscripted Brain Weave™ discussions, and private consultations with leading service providers in the industry. Visit www.globalipexchange.com for more information.

View all Events & Conferences