Latest News 
 
INTELLECTUAL PROPERTY
 
'Made Available' Claim Insufficient to Allege Infringement of Distribution Right 
 
A claim that an Internet user made copyrighted sound recordings available through a peer-to-peer file sharing system failed to adequately allege that the user had offered to distribute unauthorized copies of the works in violation of the copyright holders' rights, the U.S. District Court for the Southern District of New York ruled March 31.  The court, however, denied a defendant's motion to dismiss and granted the record companies leave to amend their complaint with regard to the "offer to distribute" claim.  Elektra Entertainment Group, Inc. v. Barker, 2008 ILRWeb (P&F) 1469.  Subscribers read more ...

Other Intellectual Property news:
 
·  TorrentSpy, Citing Privacy, Copyright Search Battle, Shuts Down
·  Copyright Study Group Completes Report, Recommends Law Updates Due to Technology
·  Royalty Board Sets Final Rates, Terms for Business Establishment Services
·  Keyword Trademark Use Not Offensive in Google UK 
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
House Finance Subcommittee Suggests Caution in Drafting Final UIGEA Regulations 
 
Agencies preparing final regulations implementing federal anti-gambling laws should weigh carefully complaints by the financial industry about the scope and burdens imposed by proposed rules, members of a House Committee on Financial Services subcommittee cautioned representatives from the Federal Reserve Board and Treasury Department April 2.  Financial services industry members, House Financial Services Committee members, and representatives from agencies charged with adopting regulations implementing the Unlawful Internet Gambling Enforcement Act gathered at a hearing to discuss complaints raised by the financial services industry about proposed regulations implementing the measure.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Commerce Targets Name Space Stability as ICANN Oversight on Issue Winds Down
·  CD-ROM Retained by Departing Worker Held Not to Be a 'Computer' Under CFAA
·  Philadelphia Attorneys Should Not Ignore Opponent Privileged E-Mail Receipt by Client
·  Class Certified in FACT Act Claim Alleging Best Buy Failed to Truncate E-Receipt Data
·  Colorado Legislature Sends Governor Bill Intended to Reduce Spam E-Mail
·  Weak Regulations, Lack of Confidence Limit Vietnam's E-Commerce, Officials Say
·  Reps. Frank, Paul Seek Agreement Details of USTR's Gambling Concessions at WTO
·  Single-Character Domain Allocation Underway
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Roommates.com's Questionnaire Makes It Content 'Developer'; CDA Immunity Denied 
 
A roommate-matching website that required users to answer questions about housing preferences that were allegedly, in the housing context, discriminatory is not eligible for Communications Decency Act §230 immunity for resulting claims under the Fair Housing Act and related state laws, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit held April 3.  In an 8-3 decision, the Ninth Circuit ruled that Roommates.com's involvement in the creation of a required questionnaire disqualified it from §230 immunity when several fair housing councils sued the site operators for illegal housing discrimination.  Fair Housing Council of San Fernando Valley v. Roommates.com, LLC (En Banc Opinion), 2008 ILRWeb (P&F) 1601.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Teacher Mentor Blog Containing Offensive Comments Not Shielded by First Amendment
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
U.S. Chamber, Nonprofit Launch Campaign to Link Communities with Broadband Access 
 
The U.S. Chamber of Commerce, along with the nonprofit organization Connected Nation, announced April 2 the launch of Connect!, a national campaign to bolster broadband Internet use and access across the country and promote the importance of related technologies.  "We think it's an excellent opportunity to really begin bringing broadband not only to the places that presently do not have access, but to more importantly talk about what the Chamber's real motivation is behind this—and that is to begin talking about broadband as an economic development activity," William Kovacs told reporters at an April 2 briefing.  Subscribers read more ...
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
EU Privacy Official Says Search Engines Must Erase Personal Data After Six Months 
 
The Article 29 Working Party of EU data protection authorities decided April 4 that search engines must delete personal data held about their users within a maximum of six months.  However, exceptions could be possible if search engines come up with better arguments than they have presented to date, Alex Türk, the chairman of the group said April 8.  On April 4, the Working Party—set up under Article 29 of the EU Data Protection Directive (95/46/EC)—issued a report on search engines, "Opinion on data-protection issues related to search engines."  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Recording Industry Subpoena on University Quashed Based on Specificity, Privacy Flaws
·  Wireless Association Releases Guidelines to Protect Location Data
·  SCA Grants No Reasonable Expectation of Privacy in ISP Subscriber's IP, Log-In Data
·  Education Efforts Necessary to Preserve Targeted Advertising Value, TRUSTe Says
·  TJX Announces Settlement with MasterCard; Retailer Will Pay $24 Million in Breach Costs
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Illinois City Denied Class Certification for Action Seeking Unpaid Hotel Taxes 
 
The U.S. District Court for the Southern District of Illinois March 31 denied an Illinois city's motion for class certification in its action seeking the payment of taxes allegedly owed the cities by Internet travel websites.  Fairview Heights, Ill., brought the action on behalf of a putative class of Illinois municipalities in order to redress Orbitz, Inc.'s failure to pay transient occupancy taxes allegedly owed to the city and other putative class members.  City of Fairview Heights v. Orbitz, Inc., 2008 ILRWeb (P&F) 1501.  Subscribers read more ...

Other Taxation news: 
 
·  Adoption of Special Sourcing Rule in 2007 Attracts More States to Streamlining Project
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Web Publisher Subject to Jurisdiction in State Where 60 Subscribers Reside 
 
A California company publishing an online trade newsletter to which 60 Utah residents subscribed is subject to the jurisdiction of a Utah court based on those subscriptions, the U.S. District Court for the District of Utah held March 24.  Because the company purposefully transacted with those customers by accepting their credit card subscription payments, those subscriptions provided minimum contacts with the state sufficient to satisfy Utah long-arm and due process requirements, the court held.  Conlin Enterprise Corp. v. SNEWS LLC, 2008 ILRWeb (P&F) 1487.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Pending Appeal, Revenue Earned by Domains in Receivership Cannot be Diverted, Assigned
·  Weblog Only Admissible as Indicia of State of Mind
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Chertoff Cites New Threats, Seeks Industry Assistance, Partnership Against Cybercrime 
 
Homeland Security Secretary Michael Chertoff April 8 asked computer security experts to work with the federal government to combat increasingly sophisticated cybercrooks and terrorists.  Chertoff, speaking to the RSA data security conference, said he met with senior industry executives at the meeting, noting that "one of the critical concerns we have to address in this country is enhancing our cybersecurity. That's a major area of focus and attention this year."  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  Council of Europe Sets Cybercrime Guidelines to Improve Law Enforcement-ISP Cooperation
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Brosnan v. Alki Mortgage Co. (Confirmation of Dismissal), 2008 ILRWeb (P&F) 1499 [ND Cal] (Plaintiff's amended complaint fails to allege significant adverse effects suffered by his ISP as a result of defendant's alleged spam)
·  Conlin Enterprise Corp. v. SNEWS LLC, 2008 ILRWeb (P&F) 1487 [D Utah] (Web publisher subject to jurisdiction in state where 60 subscribers reside)
·  ConnectU LLC v. Zuckerberg, 2008 ILRWeb (P&F) 1603 [1st Cir] (Amended complaint against Facebook, based on federal question jurisdiction, was effective, precluding dismissal of action for lack of diversity)
·  Determination of Rates and Terms for Business Establishment Services (Final Rule), 2008 ILRWeb (P&F) 1489 [CRB] (Royalty board publishes final regulations setting rates and terms for the making of an ephemeral recording of a sound recording by a business establishment service, for 2009-2013)
·  Elektra Entertainment Group, Inc. v. Barker, 2008 ILRWeb (P&F) 1469 [SD NY] (Allegation that P2P user made copyrighted recordings available for distribution fails to state a claim upon which relief can be granted, but since complaint adequately alleges that P2P user also "distributed" works, dismissal is not appropriate)
·  Fair Housing Council of San Fernando Valley v. Roommates.com, LLC (En Banc Opinion), 2008 ILRWeb (P&F) 1601 [9th Cir] (Roommates.com's questionnaire makes it content 'developer'; CDA immunity denied)
·  Fairview Heights, City of v. Orbitz, Inc., 2008 ILRWeb (P&F) 1501 [SD Ill] (Illinois city denied class certification for action seeking unpaid hotel taxes)
·  GWR Medical, Inc. v. Baez, 2008 ILRWeb (P&F) 1437 [ED Pa] (CD-ROM not a "computer" for purposes of CFAA cause of action)
·  Harris v. Best Buy Co., 2008 ILRWeb (P&F) 1491 [ND Ill] (Class certified in FACT Act claim alleging Best Buy failed to truncate e-receipt data)
·  Interactive Media Entertainment & Gaming Association, Inc. v. Gonzales, 2008 ILRWeb (P&F) 1497 [D NJ] (Court dismisses complaint challenging the Unlawful Internet Gambling Enforcement Act of 2006)
·  Jet2.com Ltd. v. Jet2ski.com, 2008 ILRWeb (P&F) 1481 [WIPO] (Respondent has legitimate interests in domain name "jet2ski.com" where, inter alia, complainant's activities are restricted to European countries (as is protection of its "Jet2" mark), while respondent is advertising ski resorts in North America)
·  London-Sire Records, Inc. v. Doe 1, 2008 ILRWeb (P&F) 1485 [D Mass] (Recording industry subpoena on university quashed based on specificity, privacy flaws)
·  North American Medical Corp. v. Axiom Worldwide, Inc., 2008 ILRWeb (P&F) 1607 [11th Cir] (Use of trademarks as metatags constitutes a use in commerce under the Lanham Act)
·  Office Depot, Inc. v. Zuccarini (Order Denying Defendant's Motion Re: Revenues from Domain Names), 2008 ILRWeb (P&F) 1493 [ND Cal] (Pending appeal, revenue earned by domains in receivership cannot be diverted, assigned)
·  PIRELLI & C. S.p.A. v. Oakwood Services, Inc., 2008 ILRWeb (P&F) 1477 [NAF] (Use of domain name consisting of a generic term as a portal to a commercial "click-through" website is a bona fide offering of goods or services)
·  Richerson v. Beckon, 2008 ILRWeb (P&F) 1483 [WD Wash] (Teacher mentor blog containing offensive comments not shielded by First Amendment)
·  Stevens v. Publicis, S.A., 2008 ILRWeb (P&F) 1605 [NY App Div] (E-mails constitute "signed writings" within the meaning of the statute of frauds)
·  United States v. Qing Li, 2008 ILRWeb (P&F) 1479 [SD Cal] (SCA grants no reasonable expectation of privacy in ISP subscriber's IP, log-in data)
·  University of Kansas v. Sinks, 2008 ILRWeb (P&F) 1495 [D Kan] (Weblogs on which consumers discussed university paraphernalia the school alleged infringed its trademarks is admissible to show consumers' state of mind about the source of the products)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Boring v. Google, Inc. (Complaint), 2008 ILRWeb (P&F) 1600 [Pa Ct Com Pleas] (Invasion of privacy claim based on inclusion of plaintiff's residence in Google Street View map)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

HDTV Service: Market Forecast for Multichannel Video Providers 
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 
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 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.  Congressional keynote 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. 


Digital Risk Management Forum: Overcoming Legal Hurdles in the Web 2.0 World
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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