Latest News 
 
INTELLECTUAL PROPERTY
 
No Likelihood of Confusion When Trademark Used in Non-Competitor's Web Site Metadata 
 
Absent some direct competition, trademark use in metatags will not substantiate a finding of initial interest confusion in the source of trademarked goods sold on the site, the U.S. District Court for the Eastern District of Wisconsin held April 18.  The court said that metadata is not used by modern search engines, and so does not influence search results.  A non-competitor's use of trademarks in metadata accordingly does not cause a likelihood of confusion for customers visiting the site, the court held.  Standard Process, Inc. v. Banks, 2008 ILRWeb (P&F) 1651.  Subscribers read more ...

Other Intellectual Property news:
 
·  Orphan Works Reform Bill Introduced, Offers Extended Role for Copyright Office
·  FTC Can't Show Rambus Excluded Rivals by Nondisclosure of Patented Technology
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Internet Access Provider Lacks Standing to Assert CAN-SPAM Claims

Where a provider of Internet access service has suffered no meaningful adverse effect as a result of electronic commercial mailings, the provider lacks standing to assert claims under the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003.  In a ruling made public April 29, U.S. Magistrate Judge Joseph C. Spero of the Northern District of California, entered summary judgment in favor of Internet marketer AzoogleAds.com.  Judge Spero also ruled that Azoogle did not "procure" the e-mails at issue under CAN-SPAM, nor did it "advertise" for purposes of liability under California's anti-spam law.  Asis Internet Services v. Optin Global, Inc., 2008 ILRWeb (P&F) 1663.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Colorado Governor Signs Spam Bill; Enforcement Difficulties Are Foreseen
·  No EULA Agreement, No Standing to Claim Breach
·  CFAA 'Loss' Includes Cost of Identifying Hacker Who Stole Sensitive Proprietary Data
·  Google Confirms DOJ Review of Online Ad Deal with Yahoo
·  E-Commerce Companies, Homebuilders Urge Lawmakers to Support Small Businesses
·  Copying of Computer Files Without Service Interruption Not 'Loss' Under the CFAA
·  Corporate Entity Directing Another to Violate CFAA Itself Liable for Violation
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Citizen Journalism Website Operators Shielded from Liability Under CDA 
 
The operators of a citizen-journalism website are not liable for allegedly defamatory content posted on the site by a third party, the Vermont Superior Court for Windham County held March 18.  Because a third party provided the content, the site operators were "interactive computer service" providers falling squarely within liability limitations in the Communications Decency Act, 47 USC §230, Judge David Howard held.  Mayhew v. Dunn, 24 ILR (P&F) 510.  Subscribers read more ...
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Appeals Court Sends Back FCC Rule Promoting Broadband Over Power Lines 
 
The U.S. Court of Appeals for the District of Columbia Circuit April 25 sent rules governing broadband over power lines (BPL) back to the Federal Communications Commission, telling the agency to better justify them.  The ruling was a victory for the American Radio Relay League (ARRL), Inc., an association that represents amateur or "ham" radio operators.  The association opposed the rules that the FCC adopted in 2006 to promote the development of broadband over power lines.  American Radio Relay League, Inc. v. Federal Communications Commission, 2008 ILRWeb (P&F) 1655.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Stevens to Introduce Legislation to Resolve Phantom Traffic Problem
·  AT&T Rebuts Vuze Allegations That Network Blocking Is 'Widespread'
·  FCC Inspector General Concludes Cyren Call Did Not Violate Auction Rules
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
New Jersey Constitution's Privacy Right Protects Subscriber Information Held by ISPs 
 
Under the New Jersey Constitution, customers of Internet service providers have a reasonable expectation of privacy in their subscriber information, the New Jersey Supreme Court held April 21.  The court said New Jersey's state constitutional privacy right is more expansive than the Fourth Amendment, and will extend to identifying information known only to Internet service providers.  In order to access this identifying information, law enforcement must obtain a grand jury subpoena, the court said.  State of New Jersey v. Reid, 2008 ILRWeb (P&F) 1641.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Class Complaint Alleges Blockbuster Violated Video Privacy Protection Act in Facebook Data Sharing
·  European Union Breach Law Drafters Facing Challenges of Definition, Scope
·  IT Security Pros Underestimate Risks of P2P Networks, Ponemon Study Finds
·  Court Finds No Expectation of Privacy in Porn Willingly Shared Over P2P Network
·  Coalition to Examine Relationship Between ISPs, Advertising Companies
·  HIT Privacy Upgrades Key, Speakers Agree, but No Solution Plan Offered at FTC Forum
·  Hustinx Says Privacy and Data Protection Should Be Designed Into New Technology
·  Alleged Identity Theft Risk Caused by Data Breach Gives Standing for Negligence Claim
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
New Hampshire Agency Reverses Stance on Tax Treatment of Online Hotel Bookings 
 
Reversing guidance published in 2007, the New Hampshire Department of Revenue Administration April 22 said that hotel operators using online booking companies will not be held responsible for any amount of tax in excess of the amount due for wholesale room rates.  The revised interpretation on the amount of the state's 8 percent meals and rental tax due on rooms booked by online booking companies not affiliated with hotel operators was issued in response to complaints by several hotel operators in the state as well as representatives of the hotel industry and online booking companies, the agency said.  Subscribers read more ...

Other Taxation news: 
 
·  New York Budget Bill Includes Sales Tax Collection on Some Online Items
·  Intrastate Sales Tax Rule Reverts Back to Place of Origin After Ohio SSUTA Change
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Site Offering Credit Card Applications Satisfies Jurisdiction Wherever Available 
 
Encouraging state residents to apply for branded credit cards online is a purposeful availment of the forum, and personal jurisdiction over the credit lender there is proper, the U.S. District Court for the District of New Jersey held April 11.  The court said that a company that allowed New Jersey residents to apply for credit cards online had purposefully availed itself of New Jersey as a forum. Offering the cards was one way that the company marketed its brand in New Jersey, the court said, and concluded that the marketing efforts amounted to "continuous and systematic" contacts such that general jurisdiction in New Jersey was proper.  Akshayraj, Inc. v. Getty Petroleum Marketing, Inc., 2008 ILRWeb (P&F) 1659.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Comments Posted Online About N.J. Company Insufficient Contacts for Jurisdiction There
·  Links to Infringing Content Did Not Establish Long-Arm Jurisdiction in New York
·  Absent Sales, Passive Offer to Ship Candy to State Does Not Create Jurisdiction There
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Border Agents Don't Have to Justify Searches of Files on Travelers' Laptops 
 
The Fourth Amendment does not require federal border agents to have a reason to believe that a traveler's laptop computer contains contraband before browsing through stored computer files, the U.S. Court of Appeals for the Ninth Circuit decided April 21.  The intrusiveness of a search of a laptop is not so great that particularized suspicion is required to render it "reasonable" for the Fourth Amendment's purposes, the court decided.  It also declined to recognize a "First Amendment exception" to the Fourth Amendment doctrine that confers broad authority on the government to conduct suspicionless and warrantless searches of people and effects crossing the border.  United States v. Arnold, 24 ILR (P&F) 578.  Subscribers read more ...
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Ajax Enterprises, Inc. v. Szymoniak Law Firm, P.A., 2008 ILRWeb (P&F) 1645 [D NJ] (Comments posted online about N.J. company insufficient contacts for jurisdiction there)
·  Akshayraj, Inc. v. Getty Petroleum Marketing, Inc., 2008 ILRWeb (P&F) 1659 [D NJ] (Site offering credit card applications satisfies jurisdiction wherever available)
·  American Radio Relay League, Inc. v. Federal Communications Commission, 2008 ILRWeb (P&F) 1655 [DC Cir] (FCC's "Access Broadband Over Power Line Systems" rule is remanded for FCC to release redacted portions of certain staff documents analyzing field tests of broadband over power lines)
·  Apparel Business Systems, LLC v. Tom James Co., 2008 ILRWeb (P&F) 1519 [ED Pa] (Software not subject to conversion claim)
·  Asis Internet Services v. Optin Global, Inc., 2008 ILRWeb (P&F) 1663 [ND Cal] (No standing to assert CAN-SPAM claims absent adverse effect)
·  Binary Semantics Ltd. v. Minitab, Inc., 2008 ILRWeb (P&F) 1517 [MD Pa] (Allegations that a disloyal employee hacked a company computer at the express direction of a corporate rival will support a CFAA claim brought directly against the rival company)
·  Cohen v. Gulfstream Training Academy, Inc., 2008 ILRWeb (P&F) 1647 [SD Fla] (Copying of computer files without service interruption not 'loss' under the CFAA)
·  Ewert v. eBay, Inc., 2008 ILRWeb (P&F) 1515 [ND Cal] (California Auction Act does not apply to eBay)
·  Hershey Co. v. Pagosa Candy Co., 2008 ILRWeb (P&F) 1657 [MD Pa] (Absent sales, passive offer to ship candy to state does not create jurisdiction there)
·  Johnson v. Microsoft Corp., 2008 ILRWeb (P&F) 1523 [WD Wash] (Plaintiffs who did not themselves agree to the terms of a software end-user license agreement and who did not own the computers on which the software was installed lack standing to sue for breach of the agreement)
·  Madison Square Garden, L.P. v. National Hockey League (Summary Order), 2008 ILRWeb (P&F) 1521 [2d Cir] (District court did not abuse discretion in denying injunctive relief to NY Rangers, who sought to operate a website independent of the NHL)
·  Mayhew v. Dunn, 24 ILR (P&F) 510 [Vt Super Ct] (Citizen journalism website operators shielded from liability under CDA)
·  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)
·  Pitbull Productions, Inc. v. Universal Netmedia, Inc., 2008 ILRWeb (P&F) 1653 [SD NY] (Links to infringing content did not establish long-arm jurisdiction in New York)
·  Rambus, Inc. v. Federal Trade Commission, 2008 ILRWeb (P&F) 1661 [DC Cir] (FTC can't show Rambus excluded rivals by nondisclosure of patented technology)
·  Ruiz v. Gap, Inc., 2008 ILRWeb (P&F) 1525 [ND Cal] (Alleged identity theft risk caused by data breach gives standing for negligence claim)
·  Standard Process, Inc. v. Banks, 2008 ILRWeb (P&F) 1651 [ED Wis] (Use of trademarks in website metatags immaterial to likelihood of confusion, since search engines today make little if any use of metatags)
·  SuccessFactors, Inc. v. Softscape, Inc., 2008 ILRWeb (P&F) 1643 [ND Cal] (CFAA 'loss' includes cost of identifying hacker who stole sensitive proprietary data)
·  United States v. Arnold, 24 ILR (P&F) 578 [9th Cir] (Border agents don't have to justify searches of files on travelers' laptops)
·  United States v. Brese, 2008 ILRWeb (P&F) 1649 [WD Okla] (Court finds no expectation of privacy in porn willingly shared over P2P network)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Almeida v. Google, Inc. (Class Action Complaint), 2008 ILRWeb (P&F) 1614 [ND Cal] (Class action alleging that Google's AdWords program "tricks" advertisers into bidding for a service they don't want)
·  Atlantic Recording Corp. v. Project Playlist, Inc. (Complaint), 2008 ILRWeb (P&F) 1616 [SD NY] (Record companies file copyright infringement action against website that provides links to third party sites that host unauthorized copies of plaintiffs' sound recordings)
·  Harris v. Blockbuster, Inc. (Class Action Complaint), 2008 ILRWeb (P&F) 1612 [ED Tex] (Class complaint alleges Blockbuster violated Video Privacy Protection Act in Facebook data sharing)
 
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 Tomorrow!
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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