Latest News 
 
INTELLECTUAL PROPERTY
 
'Making Available' Files on Kazaa Insufficient to Demonstrate Distribution 
 
An Internet user who ripped music from compact discs and made the files available for sharing on the Kazaa network is not liable for unauthorized distribution of copyrighted works under Section 106(3) of the Copyright Act absent a showing of actual distribution of an unauthorized copy to a member of the public, the U.S. District Court for the District of Arizona ruled April 28.  Denying a motion by several record companies for summary judgment, the court concluded that merely "making available" a digital file for copying does not constitute distribution in violation of a copyright owner's exclusive rights.  Atlantic Recording Corp. v. Howell, 2008 ILRWeb (P&F) 1665.  Subscribers read more ...

Other Intellectual Property news:
 
·  Court Sets Music Royalty Rate, Terms Through 2009 for Three Online Services
·  Trademark Infringer Enjoying Higher Google Search Ratings Hit with Maximum Damages
·  Alleging Infringing, Uncompensated Use, French Television Network Sues YouTube
·  Tennessee Governor Signs Measure Requiring Student Network Policies
·  House Judiciary Approves Pro IP Act, Modifies Scope of IP Czar, Forfeiture Sections
·  Digital Technologies' Impact Highlighted at World IP Day Event
·  Scope of License Authorized New Uses of Former Drummer's Songs
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
ABA Conference Speakers Brief Lawyers on Challenges of Online 'Virtual Worlds' 
 
Increased use of the Internet and the creation of online "virtual worlds" have created new modes of communication for employees and new challenges for employers, panelists told an audience May 1 at a midyear meeting of the American Bar Association's Technology in the Practice and Workplace Committee.  A number of speakers noted the popularity of virtual world environments including Second Life, in which users create personalities or avatars and interact with individuals, groups, and communities.  Employees' use of virtual identities has created issues for employers, including some that were not anticipated even a few years ago, panelists said.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Justice Department, FTC Crack Down on Adult Website for CAN-SPAM Violations
·  California Recognizes as Tort Conversion of Electronic Property
·  Clickwrap Notifying Software Recipients of Pop-Up Ads Installation Is Valid, Enforceable
·  Registry for .org Seeks to Implement DNS Security Extension to Guard Against Phishing
·  Harms Caused by Data Breach Not 'Loss' Under CFAA Absent Service Interruption
·  eBay Not 'Auctioneer' Under California Auction Act
·  OECD to Hold High-Level Meeting in Korea to Examine Prospects for Internet Economy
·  E-Mail Containing Sender Name, Deal Info Is 'Signed' for Statute of Frauds Purposes
·  Web Presence of Contract Terms May Not Defeat Availability Challenge in Illinois
·  Ban on Shipping Valuables No Bar to Liability Absent Evidence of Notice
·  Google Sued Over Alleged Fraudulent Ad Charges
 
Subscribers may search ILR's Internet Commerce database

TELECOMMUNICATIONS 
 
Markey, Pickering Face Uphill Battle to Win Support for Net Neutrality Bill 
 
Rep. Charles "Chip" Pickering (R-Miss.), the lone GOP co-sponsor of net neutrality legislation (H.R. 5353) in the House, May 6 argued to his subcommittee colleagues that the bill is not the regulatory monster that its opponents have made it out to be.  Pickering, however, faced a wall of Republican opposition to the bill during a hearing by the House Energy and Commerce Subcommittee on Telecommunications and the Internet.  Rep. Edward Markey (D-Mass.), the chairman of the subcommittee and chief sponsor of the legislation, introduced the bill in February.  The bill would codify a nondiscrimination principle and require Federal Communications Commission oversight.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Google Asks FCC to Clarify Rules Governing Verizon Wireless Spectrum
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Alleged Illegal File Sharer May Not Retain Anonymity on First Amendment Grounds 
 
A student accused of copyright infringement has minimal expectation of privacy under the First Amendment when allegedly using a public online peer-to-peer network to disseminate copyrighted sound recordings, the U.S. District Court for the District of Columbia held April 28.  Because the student did not have a legitimate expectation of privacy, the student cannot invoke his First Amendment rights to anonymous speech to quash a subpoena seeking to identify him from his IP address, Judge Colleen Kollar-Kotelly held.  Arista Records LLC v. Does 1-19, 2008 ILRWeb (P&F) 1693.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Hoyer Seeks to Finish FISA Before Memorial Day Recess
·  Stored Communications Act Does Not Preempt State Law Trade Secret Claim
·  EPIC Urges $10 Million FTC Fine for Data Breaches
·  Misleading Opt-In Requires Full Disclosure
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Amazon.com Sues New York Over State's New Internet Sales Tax 
 
Amazon.com has sued New York over a controversial new tax on certain Internet sales, arguing that the tax statute violates the state and federal constitutions.  The suit, filed April 25 in New York State Supreme Court in Manhattan, alleged that the new law violates the Commerce Clause of the U.S. Constitution because it imposes tax collection obligations on out-of-state entities that have no substantial nexus with New York.  It also alleged that the new law violates the due process clauses of the state and federal constitutions by creating "an irrebuttable presumption" that Amazon and certain other online retailers solicit sales in New York.  Amazon.com, LLC v. New York State Department of Taxation and Finance (Complaint), 2008 ILRWeb (P&F) 1618.  Subscribers read more ...

Other Taxation news: 
 
·  NCSL Supports Standardized State and Local Taxes on VoIP Service
·  Washington State Legislative Group Reviewing Taxation of Digital Goods
·  Florida Bills to Tax Online Hotel Bookings at Discounted Rate Fail in Florida Legislature
 
Subscribers may search ILR's Taxation database

Latest Cases 
 
·  Ali v. Fasteners for Retail, Inc., 2008 ILRWeb (P&F) 1695 [CD Cal] (California recognizes as tort conversion of electronic property)
·  American Family Mutual Insurance Co. v. Rickman, 2008 ILRWeb (P&F) 1679 [ND Ohio] (Harms caused by data breach not 'loss' under CFAA absent service interruption)
·  Arista Records LLC v. Does 1-19, 2008 ILRWeb (P&F) 1693 [D DC] (Alleged illegal file sharer may not retain anonymity on First Amendment grounds)
·  Atlantic Recording Corp. v. Howell, 2008 ILRWeb (P&F) 1665 [D Ariz] ('Making available' files on Kazaa insufficient to demonstrate distribution)
·  Clark v. Time Warner Cable, 2008 ILRWeb (P&F) 1671 [9th Cir] (Primary jurisdiction doctrine provided district court with the authority to refer a claim to the FCC regarding whether a VoIP provider meets the definition of a telecommunications carrier)
·  CollegeNet, Inc. v. XAP Corp., 2008 ILRWeb (P&F) 1683 [D Ore] (College application software program with a misleading opt-in data sharing procedure must inform students of the precise contours of its practices)
·  E.I. Du Pont de Nemours and Co. v. Svensson, 2008 ILRWeb (P&F) 1673 [WIPO] (Although Swedish term "teflonminne" is confusingly similar to complainant's TEFLON mark for a large majority of Internet users, complainant fails to show that respondent lacks rights or legitimate interests in the contested domain name)
·  Ewert v. eBay, Inc., 2008 ILRWeb (P&F) 1515 [ND Cal] (eBay not 'auctioneer' under California Auction Act)
·  Feldman v. United Parcel Service, Inc., 2008 ILRWeb (P&F) 1533 [SD NY] (Ban on shipping valuables no bar to liability absent evidence of notice)
·  Ideal Aerosmith, Inc. v. Acutronic USA, Inc., 2008 ILRWeb (P&F) 1677 [WD Pa] (Stored Communications Act does not preempt state law trade secret claim)
·  Jaynes v. Commonwealth of Virginia (Order Granting Rehearing), 2008 ILRWeb (P&F) 1685 [Va Sup Ct] (Virginia Supreme Court grants rehearing in challenge to Virginia anti-spam statute)
·  JSO Associates, Inc. v. Price, 2008 ILRWeb (P&F) 1531 [NY Sup Ct] (E-mail containing sender name, deal info is 'signed' for statute of frauds purposes)
·  Mayor and City Council of Baltimore v. Vonage America, Inc., 2008 ILRWeb (P&F) 1689 [D Md] (City's telecommunications tax is a valid and enforceable excise tax against a VoIP provider)
·  MySpace, Inc. v. Total Web Solutions Ltd. (Decision of Appeal Panel), 2008 ILRWeb (P&F) 1667 [Nominet UK DRS] (MySpace fails to secure transfer of domain name "myspace.co.uk," as the panel is not satisfied that the domain name in the hands of the respondent is an abusive registration)
·  New York, State of v. Direct Revenue, LLC, 2008 ILRWeb (P&F) 1527 [NY Sup Ct] (Clickwrap notifying software recipients of pop-up ads installation is valid, enforceable)
·  Orion Bancorp, Inc. v. Orion Residential Finance, LLC, 2008 ILRWeb (P&F) 1529 [MD Fla] (Injunction requires, inter alia, the activation of plaintiff's mark as a negative keyword or negative adword in any Internet advertising, thereby preventing defendant's advertisement from appearing when the term is used as part of an Internet search)
·  Punch Clock, Inc. v. Smart Software Development, 2008 ILRWeb (P&F) 1669 [SD Fla] (Trademark infringer enjoying higher Google search ratings hit with maximum damages)
·  Reinhardt v. Wal-Mart Stores, Inc., 2008 ILRWeb (P&F) 1681 [SD NY] (Scope of license authorized new uses of former drummer's songs)
·  Reynolds v. Credit Solutions, Inc., 2008 ILRWeb (P&F) 1315 [ND Ala] (Arbitration clause in click-through agreement is void under the Credit Repair Organizations Act)
·  Trujillo v. Apple Computer, Inc., 2008 ILRWeb (P&F) 1687 [ND Ill] (Web presence of contract terms may not defeat availability challenge in Illinois)
·  United States v. American Society of Composers, Authors and Publishers, 2008 ILRWeb (P&F) 1675 [SD NY] (Court sets music royalty rate, terms through 2009 for three online services)
·  United States v. ATM Global Systems, Inc. (Stipulated Judgment and Order), 2008 ILRWeb (P&F) 1802 [ND Ill] (Justice Department, FTC crack down on adult website for CAN-SPAM violations)
·  United States v. Larson, 2008 ILRWeb (P&F) 1691 [Ct App AF] (No reasonable expectation of privacy in government computer)
 
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] (Google sued over alleged fraudulent ad charges)
·  Amazon.com, LLC v. New York State Department of Taxation and Finance (Complaint), 2008 ILRWeb (P&F) 1618 [NY Sup Ct, NY Cnty] (Amazon challenges constitutionality of law that requires out-of-state Internet retailers to collect NY sales and use taxes)
·  Bauer v. Glatzer (Memorandum of Law in Support of Motion of Defendant Wikimedia Foundation, Inc. to Dismiss the Complaint), 2008 ILRWeb (P&F) 1800 [NJ Super Ct] (Wikimedia seeks to dismiss defamation claims on grounds they are barred by CDA)
·  Dupre v. Francis (Complaint), 2008 ILRWeb (P&F) 1622 [SD Fla] (Woman linked to Specter scandal files cybersquatting, other claims against film company capitalizing on her notoriety)
·  Zango, Inc. v. Kaspersky Lab, Inc. (Appellee Kaspersky's Answering Brief), 2008 ILRWeb (P&F) 1620 [9th Cir] (CDA immunity shields security software provider from liability for business torts alleged by adware provider)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Mobile Multimedia Service and Price Comparison 
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
Seats Are Going Fast - Register Now!
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.  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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