Latest News 
 
INTELLECTUAL PROPERTY
 
Trademark Claims, Parking Accusations Will Proceed Against Domain Owners, Google 
 
Allegations of cybersquatting and trademark infringement levied by mark owners against both corporations dealing in domain name parking and Google, which served ads on the corporations' parked sites, will survive a motion to dismiss so long as the allegations in the complaint are facially complete, the U.S. District Court for the Northern District of Illinois held March 20.  The complaint made facially complete allegations that the defendants' concerted efforts to park and profit from domain names incorporating registered trademarks violated the Anti-Cybersquatting Consumer Protection Act and various provisions of the Lanham Act, as well as Illinois state law.  Vulcan Golf LLC v. Google, Inc., 2008 ILRWeb (P&F) 1447.  Subscribers read more ...

Other Intellectual Property news:
 
·  Utah Governor Signs Bill Removing Teeth from State's Trademark Registry
·  Patent's Narrowed Meaning of 'Portable Computer' Excluded Laptops as Infringing
·  Telecom Experts Debate Whether Business Models Need to Change to Cope with Piracy
·  P2P Defendant Sues Record Companies, Claims Fraud, Invasion of Privacy, Trespass
·  Digital Media Services, Products Distributed by Apple Said to Violate Competitor's Patents
·  Company Attacking Web Trademark Use Countersued for Deceptive Advertising
·  Irish Digital Lobby Group Decries Music Industry's File Sharing Action Against ISP
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Clickwrap Warranties Disclaimer Dispute Fails Absent Agreement Unenforceability Allegation 
 
A party may not dispute assent to a software clickwrap agreement's disclaimer of warranties without alleging that the agreement, as a whole, was unenforceable, the U.S. District Court for the Northern District of California held Feb. 27.  Failing to present factual or legal allegations that the software clickwrap agreement was unenforceable, and conceding that the agreement presented in court was valid and the same as the online clickwrap, Inter-Mark could not challenge the enforceability of Intuit's disclaimer of warranties contained therein, the court held.  Inter-Mark USA, Inc. v. Intuit, Inc., 2008 ILRWeb (P&F) 1309.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  E-Mail Asking Employees to Accept 'Dispute Benefit' Is Not Binding Arbitration Agreement
·  GPL Developers: Use Caution with Microsoft OSP
·  ICANN Seeks Comments on Proposed Registration Add-Grace Period Limitations
·  Phishing Education to Be at Center of FTC Half-Day Roundtable Discussion
·  Supreme Court Declines to Review Preemption, Standing in Microsoft Case
·  Connecticut, New York Lawmakers Consider Bills to Regulate Online Targeted Advertising
·  Government Discussions of Possible .xxx Ramifications Fit FOIA Deliberation Exception
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Kentucky Considers Web Speech Identification Bill 
 
The Kentucky General Assembly is considering a bill, introduced March 4 by Kentucky State Representative Tim Couch (R), that would, in effect, prohibit anonymous online speech within the state.  H.B. 775 would govern all persons or entities responsible for the creation, development, or maintenance of Internet-based websites, blogs, or message boards allowing users to provide information accessible by third parties.  Subscribers read more ...
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Verizon, New Competitors Unveiled as Winners of 700 MHz Spectrum Auction 
 
Federal Communications Commission Chairman Kevin Martin March 20 unveiled the winners of the $19.12 billion auction of spectrum in the 700 MHz band, with Verizon Wireless leading the pack, but with another carrier emerging as a near-nationwide winner as well.  Martin also said that he had asked the FCC's inspector general to look into and report on allegations made by public interest organizations as to why the D Block of spectrum, with its accompanying public safety obligations, did not sell at auction.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  FCC Adopts Broadband Report, Updates Data Collection Methodology
·  Despite Broadband Penetration Edge on U.S., Competition Eludes EU Leaders, Review Finds
·  McSlarrow Urges 'Deep Breath' in Network Management Debate
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
No Privacy, SCA Breach in Employer Search of Personal E-Mails on Company Laptop 
 
A company that performed a forensic search of a terminating employee's company laptop, including accessing personal e-mails stored to the hard drive, did not violate the employee's privacy or the Stored Communications Act, the U.S. District Court for the Southern District of California held March 12.  The court said that whether an employee had the option to buy his company laptop on termination was an unresolved question of fact.  Still, the laptop belonged to the company until the employee's termination, so the company's subsequent search of personal details stored on the computer did not violate the employee's right of privacy.  Hilderman v. Enea TekSci, Inc., 2008 ILRWeb (P&F) 1435.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Chertoff Announces New Director Handling Interagency Cyber Efforts
·  Company Spying on Illegal File Sharers Is Unlawful, Italy's Privacy Authority Says
·  Tenth Circuit Finds No Expectation of Privacy in Data Given Freely to ISP
·  South Dakota Governor Signs SSN Use Bill Prohibiting Government Posting on Internet
·  CMS Postpones Reporting Requirement on E-Prescribing in 2009 Call Letter to Plans
·  U.S.-Based Targeted Ad Plan Accused of Violating UK, EU Data Protection Laws
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
New York Sees Little Benefit to SSTP 
 
New York has little interest, Robert Plattner, deputy commissioner for tax policy with the New York Department of Taxation and Finance noted, in joining the Streamlined Sales Tax Project because it has little to gain by doing so.  Many "brick and mortar" retailers have already decided that it makes little business sense to maintain online operations as a separate entity, he said, so the fear of losing sales tax revenues to electronic commerce operations is no longer as acute.  Subscribers read more ...

Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
'Active' Site Facilitating Alleged Tortious Sales Generates State Long-Arm Jurisdiction 
 
Alleged computer crimes and business torts committed on an "active" website form the requisite minimum contacts for jurisdiction under Connecticut's long-arm statute, the U.S. District Court for the District of Connecticut held March 10.  Any tortious conduct committed on a website allowing users to view and purchase products brings the actor within the reach of the state's long-arm statute, the court held.  Indiaweekly.com, LLC v. Nehaflix.com, 2008 ILRWeb (P&F) 1445.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  State's Mention on Site No Basis for Jurisdiction
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
CRS Probes Standard for Laptop Searches at Borders 
 
Federal courts applying the border search exception to the Fourth Amendment's warrant requirement to the search of laptops and other electronic storage devices at borders have yet to clearly determine the degree of cause required to support the search, according to a report released by the Congressional Research Service March 5.  The Fourth Amendment requires a search or seizure by a government agent to be reasonable, and a showing of probable cause for the issuance of a search warrant.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  Florida Bill to Criminalize Placing Spyware on Computers Introduced in House
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Atlantic Recording Corp. v. Anderson, 2008 ILRWeb (P&F) 1433 [SD Tex] (Making copyrighted works available for download via a peer-to-peer network constitutes a violation of the copyright owner's exclusive distribution right under 17 USC §106(3))
·  Computer Docking Station Corp. v. Dell, Inc., 2008 ILRWeb (P&F) 1453 [Fed Cir] (Patent's narrowed meaning of 'portable computer' excluded laptops as infringing)
·  Double-Take, Inc. v. Neverfail Group Ltd., 2008 ILRWeb (P&F) 1451 [D NJ] (State's mention on site no basis for jurisdiction)
·  GWR Medical, Inc. v. Baez, 2008 ILRWeb (P&F) 1437 [ED Pa] (CD-ROM is not a 'computer' for purposes of CFAA cause of action)
·  Hilderman v. Enea TekSci, Inc., 2008 ILRWeb (P&F) 1435 [SD Cal] (No privacy, SCA breach in employer search of personal e-mails on company laptop)
·  ICM Registry, LLC v. U.S. Department of Commerce, 2008 ILRWeb (P&F) 1443 [D DC] (Government discussions of possible .xxx ramifications fit FOIA deliberation exception)
·  Indiaweekly.com, LLC v. Nehaflix.com, 2008 ILRWeb (P&F) 1445 [D Conn] ('Active' site facilitating alleged tortious sales generates state long-arm jurisdiction)
·  Inter-Mark USA, Inc. v. Intuit, Inc., 2008 ILRWeb (P&F) 1309 [ND Cal] (Clickwrap warranties disclaimer dispute fails absent agreement unenforceability allegation)
·  Mayhew v. Dunn, 2008 ILRWeb (P&F) 1441 [Vt Super Ct] (CDA immunizes web operators from defamation liability)
·  Nationwide Relocation Services, Inc. v. Walker, 2008 ILRWeb (P&F) 1117 [SD Fla] (Exercise of jurisdiction appropriate where website targeted forum residents)
·  Ticketmaster L.L.C. v. RMG Technologies, Inc., 2008 ILRWeb (P&F) 1439 [CD Cal] (Antitrust counterclaims against Ticketmaster dismissed with leave to amend to allow defendant/counterclaimant to clarify what product market is at issue)
·  Turner v. U-Haul Co. of Florida 905, LLC, 2008 ILRWeb (P&F) 1449 [MD Fla] (E-mail asking employees to accept 'dispute benefit' is not binding arbitration agreement)
·  United States v. Perrine, 24 ILR (P&F) 431 [10th Cir] (No basis for suppressing evidence of child porn shared in chat room; no reasonable expectation of privacy in subscriber information)
·  Vulcan Golf LLC v. Google, Inc., 2008 ILRWeb (P&F) 1447 [ND Ill] (Trademark claims, parking accusations will proceed against domain owners, Google)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Andersen v. Atlantic Recording Corp. (Nationwide Class Action Allegation; Plaintiff's Second Amended Complaint), 2008 ILRWeb (P&F) 1410 [D Ore] (P2P defendant sues record companies, claims fraud, invasion of privacy, trespass)
·  John Doe, Inc. v. Mukasey (Brief of Amici Curiae National Security Archive and Electronic Frontier Foundation in Support of Plaintiffs-Appellees), 2008 ILRWeb (P&F) 1412 [2d Cir] (Amici urge Second Circuit to uphold a ruling that struck down the National Security Letter provision of the Electronic Communications Privacy Act)
·  Lifestyle Lift Holding, Inc. v. RealSelf, Inc. (Defendant's Answer, Affirmative Defenses and Counterclaim), 2008 ILRWeb (P&F) 1406 [ED Mich] (Countercomplaint attacks a corporation's alleged practice of posting shill comments on a popular product review website; filed in response to previous allegations that the review site's use of the corporation's name was trademark infringement)
·  ZapMedia Services, Inc. v. Apple, Inc. (Complaint), 2008 ILRWeb (P&F) 1414 [ED Tex] (Digital media services, products distributed by Apple said to violate competitor's patents)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

HDTV Service: Market Forecast for Multichannel Video Providers - New!
Multichannel service providers are looking for various ways to monetize high-definition TV, including premium HD channels, on-demand HD movies, and HD DVR rentals. In this report, we examine how the advent of HD service has helped service providers with customer growth and retention, and how those providers plan to employ HD in their marketing strategies in 2008 and beyond. And we offer our forecast for the multichannel HDTV market. As part of our forecast, we conclude that annual revenues from HD services could top $2.6 billion by 2012.

Enterprise Mobility Market Forecast - New!
This report outlines our recently completed research examining the market for mobile device management among North American enterprises. More than 90% of enterprise mobile applications spending is now focused on mobile email and messaging, but the percentage of spending on mobilizing other critical enterprise applications -- many of them broadband-optimized -- will increase rapidly over the next five years, according to our forecast. By 2012, we predict the total spending on core mobility services in the enterprise market will approach $1.4 billion

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 FCC Commissioner Michael J. Copps,  FTC Commissioner J. Thomas Rosch and Ambassador David Gross.  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. 


Digital Risk Management Forum: Overcoming Legal Hurdles in the Web 2.0 World
Early Bird Registration Ends August 1
September 16 - 17, 2008 - AED Conference Center - Washington, D.C.
Join us for our second annual legal forum on existing and potential liabilities facing Web 2.0 businesses.  We've expanded our program to include a half-day workshop on Web 2.0 essentials, and we've included panels addressing best practices for monetizing applications tied to personal information, legal remedies for victims of online gossip and rumor, proactive steps for avoiding Attorney General subpoenas, plus a whole lot more!  View the entire program.  Interested in participating in or sponsoring this legal symposium?  Contact Meg Hargreaves at 301-562-1530 x 229.

View all Events & Conferences

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