Latest News 
 
INTELLECTUAL PROPERTY
 
Battle Against Cybersquatters Requires Targeting Bad Practices, More Proactivity 
 
Minimizing the threats carried by an increase in cybersquatting activity will require a concerted and multifaceted response from governing organizations, dispute providers, and trademark owners, according to a pair of key voices on the issue.  Francis Gurry, the deputy director general of the World Intellectual Property Organization in Geneva, said April 15 that the key to ending cybersquatting was targeting the underlying registration practices at their root.  Fred Felman, chief marketing officer at the San Francisco-based trademark protection firm MarkMonitor, agreed, but emphasized the need for trademark owners to be proactive about protecting their marks in the meantime.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Chrysler's Victory on Domain Name Issue Estops Defendant from Registering Mark
·  Tennessee Lawmakers Approve Bill Requiring Student Network Policies
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
House UIGEA Critics Contact Agencies About 'Difficult' Web Gambling Funding Ban Regs 
 
A key House committee chairman wrote to the Treasury Department and Federal Reserve Board April 21 recommending the agencies focus on pressing issues and refrain from expending additional resources in drafting final regulations implementing an unlawful Internet gambling funding ban passed late in 2006.  Financial institutions complained in comments submitted to the agencies and at a House Financial Services subcommittee hearing April 2 that proposed regulations drafted by the agencies implementing the ban are ambiguous and place undue burdens on the industry to determine the legality of their customers' financial transactions.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  In Supermajority Vote, ICANN Policy Group Moves to Drastically Curtail Add-Grace Period
·  N.Y. County Lawyers May Not Use Metadata in E-Documents from Opposing Counsel
·  Hong Kong Telecom Authority Warns Against Attempts to Circumvent Spam Control Law
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
CDA Immunity Extended to ISP Blocking Unsolicited Commercial E-Mail 
 
The immunity provisions of the Communications Decency Act will shield an Internet service provider from liability for suspected spam e-mails blocked in good faith, irrespective of those e-mails' potential CAN-SPAM compliance, the U.S. District Court for the Northern District of Illinois held April 10.  The court said that an ISP blocking all e-mail from a prolific marketer fell within the "Good Samaritan" provision of the CDA's intended immunity.  Whether those e-mails were legitimate would not change the outcome.  e360Insight, LLC v. Comcast Corp., 2008 ILRWeb (P&F) 1617.  Subscribers read more ...
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Political Parties Divided on Rules to Ensure Open Access to Internet 
 
A divided Senate Commerce, Science, and Transportation Committee heard arguments April 22 as to why the Internet should or should not be regulated, and whether the FCC can protect the public effectively under its current authority.  Democrats on the panel argued that if there is uncertainty about the commission's authority, Congress should pass a law to clarify its authority and create certainty. Republicans, however, said regulation should only occur when there is market failure and that there has been no market failure.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Dingell Seeks Papers, Answers About Role of Cyren Call in Auction
·  FCC Addresses Network Management in Public Hearing at Stanford Law School
·  Mix of Industries File FCC Comments on Reform of Universal Service System
·  Report Alleges 'Widespread' Blocking of Applications by Network Operators
·  Sen. Dorgan Urges FCC to Reject Merger of XM, Sirius Satellite Radio
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Texas Official Shares Lessons Learned from Recent COPPA Enforcement Action 
 
Operators of websites targeting children can learn some valuable lessons from a settlement reached between the Texas attorney general and operators of an online doll website March 12, Paul Singer, assistant attorney general in the Internet enforcement unit of the Consumer Protection and Public Health Division of the Office of the Texas Attorney General, told a conference convened by the American Bar Association's Business Law Section in Dallas April 12.  The state reached a settlement with the Doll Palace website March 12 after pursuing an enforcement action alleging the site collected and used data obtained from children in violation of the Children's Online Privacy Protection Act.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  In Privacy Cases, French Courts Fine Web 2.0 Sites for Links to External Content
·  U.K. Privacy Office Says Online Ads OK; Data Interception Query Left to Home Office
·  U.K. Privacy Office Questions Whether EU Privacy Law Is 'Outdated,' Seeks Analysis on Directive
·  Federal Trade Commission Approves Final Consent Order for Life is good, Inc.
·  Canadian Privacy Commissioner Criticizes Ticket Firm for Online Sales Privacy Practices
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Tennessee Ruling Explains Taxation of Sales of DSL to Internet Access Providers 
 
Tennessee will not impose the state sales and use tax on the retail sale of DSL Internet access services provided directly to end-user customers because, under the Internet Tax Freedom Act and state law, the retail sale of DSL Internet access services to end-user customers is not subject to sales and use tax, the Tennessee Department of Revenue advised recently.  Tennessee Department of Revenue Letter Ruling No. 08-29, 2008 ILRWeb (P&F) 1513.  Subscribers read more ...

Other Taxation news: 
 
·  Internet Service Provider's Phone Lines Subject to Communications Excise Taxes
·  Florida Bill Would Tax Hotel Rooms Booked Online at Discounted Rate
·  South Carolina Likely First to Assess Online Travel Company for Unpaid Sales Tax
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Forum Selection Clause in Terms of Use Enforced Against Web Service Subscriber 
 
The U.S. District Court for the Western District of Washington enforced April 15 a forum selection clause included in a video-sharing web site's terms of use against a user who sued the site alleging violations of her intellectual property rights by the site's users.  The court held that the YouTube user assented to the terms of use, including a forum-selection clause, when she signed up for the service.  Bowen v. YouTube, Inc., 2008 ILRWeb (P&F) 1631.  Subscribers read more ...
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Google Brazil to Help Authorities Eradicate Child Pornography Shared on Social Network 
 
Google's Brazilian service will provide greater assistance to government authorities in cracking down on child pornography displayed on Google's social networking site, Orkut, a Google official promised April 9.  In testimony before a Senate committee investigating pornography on Brazilian websites, Google's President of Operations for Brazil, Alexandre Hohagen, said that by July 1, Google will adopt four measures targeted at eradicating child pornography on Orkut. According to Google, Orkut is "immensely popular" in Brazil, and a reported 55 percent of the network's 60 million users are Brazilian.  Subscribers read more ...
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Arista Records, LLC v. Does 1-9, 2008 ILRWeb (P&F) 1635 [SD Ohio] (Infringement case against P2P users dismissed for improper joinder; use of the same P2P network does not link defendants together for purposes of joinder)
·  Bowen v. YouTube, Inc., 2008 ILRWeb (P&F) 1631 [WD Wash] (Court enforces forum selection clause in YouTube's Terms of Use agreement)
·  Daimler Chrysler Corp. v. Maydak, 2008 ILRWeb (P&F) 1625 [TTAB] (Chrysler's victory on domain name issue estops defendant from registering mark)
·  e360Insight, LLC v. Comcast Corp., 2008 ILRWeb (P&F) 1617 [ND Ill] (CDA immunity extended to ISP blocking unsolicited commercial e-mail)
·  Harris, In re, 2008 ILRWeb (P&F) 1511 [Kan Sup Ct] (Lawyer suspended from the practice of law for three months for his failure to file bankruptcy pleadings electronically)
·  IP-Enabled Services; Implementation of Sections 255 and 251(a)(2) of The Communications Act of 1934, as Enacted by The Telecommunications Act of 1996 (Final Rule), 2008 ILRWeb (P&F) 1629 [FCC] (Commission amends rules to remove notes contained in the Access to Telecommunications Service, Telecommunications Equipment and Customer Premises Equipment by Persons with Disabilities rules, and the Miscellaneous Rules Relating to Common Carriers)
·  Life is good, Inc., In re (Decision and Order), 2008 ILRWeb (P&F) 1637 [FTC] (FTC approves final consent order in its case against Life is good concerning the company's alleged failure to provide adequate security for customers' personal information)
·  New Jersey, State of v. Reid, 2008 ILRWeb (P&F) 1641 [NJ Sup Ct] (Internet subscribers have reasonable expectation of privacy, protected by N.J. Constitution, in ISP account information)
·  New York County Lawyers' Association Ethics Opinion No. 738, 2008 ILRWeb (P&F) 1509 [NYCLA Comm on Prof'l Ethics] (New York County lawyers may not use metadata in e-documents from opposing counsel)
·  Red Bull GmbH v. Gamel, 2008 ILRWeb (P&F) 1627 [WIPO] (A domain name is "identical or confusingly similar" to a trademark for purposes of the UDRP when the domain name includes the trademark, or a confusingly similar approximation, regardless of the other terms (here, "sucks") in the domain name)
·  Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities; E911 Requirements for IP-Enabled Service Providers (Final Rule), 2008 ILRWeb (P&F) 1633 [FCC] (Commission adopts emergency call handling requirements for Internet-based telecommunications relay service providers)
·  Tennessee Department of Revenue Letter Ruling No. 08-29, 2008 ILRWeb (P&F) 1513 [Tenn Dep't Rev] (Tennessee ruling explains taxation of sales of DSL to Internet access providers)
·  Texas, State of v. The Doll Palace Corp. (Agreed Final Judgment and Permanent Injunction), 2008 ILRWeb (P&F) 1507 [WD Tex] (Texas reaches settlement with doll website after pursuing COPPA enforcement action)
·  United States v. Arnold, 2008 ILRWeb (P&F) 1639 [9th Cir] (Reasonable suspicion not needed for customs officials to search laptop or other personal electronic storage devices at the border)
·  USA Choice Internet Services, LLC v. United States, 2008 ILRWeb (P&F) 1623 [Fed Cir] (Internet service provider's phone lines subject to communications excise taxes)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Arista Records LLC v. Does 1-21 (Plaintiffs' Motion to Reconsider the Court's Order on Motions to Quash), 2008 ILRWeb (P&F) 1610 [D Mass] (Record companies argue that court erred in opining on the "making available" issue, as it was unnecessary to court's determination)
·  Harris v. Blockbuster, Inc. (Class Action Complaint), 2008 ILRWeb (P&F) 1612 [ED Tex] (Class action alleges that Blockbuster, via Beacon, transferred personally identifiable information to Facebook, in violation of the Video Privacy Protection Act)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Mobile Multimedia Service and Price Comparison - New!
In this report we closely examine the video/multimedia offerings and pricing schemes among the top wireless service providers, including AT&T, Verizon Wireless and Sprint Nextel. We rate each provider's offerings on ease of use, price, value and variety of content. AT&T and Verizon Wireless get the highest overall ratings.

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
Early Bird Expires Next Week!
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, Ambassador David Gross and Rep. Cliff Stearns (R-FL).  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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