Latest News 
 
INTELLECTUAL PROPERTY
 
Google, Authors, and Publishers Settle Google Book Search Litigation for $125 M 
 
On Oct. 28, the Authors Guild, the Association of American Publishers, and Google, Inc. announced that they have agreed to settle lawsuits in which the copyright holders alleged that Google's Book Search project infringed their copyrights.  Under the terms of the settlement, Google will pay a total of $125 million to establish a centralized royalty collection organization, to compensate authors of scanned books, and to pay the plaintiffs' legal fees.  Authors Guild v. Google, Inc. (Settlement Agreement), 2008 ILRWeb (P&F) 2853.  Subscribers read more ...

Other Intellectual Property news:
 
·  Former Register of Copyrights Stresses Benefits of Performance Rights Organizations
·  RIAA Says 'Making Available' Ruling Deserves Appeal
·  Typosquatting Continues, but End May Be Near
·  CRS Report Summarizes 2nd Circuit Decision on Cablevision's Remote Storage DVR System
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
CAN-SPAM Not the Only Arrow in FTC's Quiver 
 
Somewhat reminiscent of Blondie's 1979 hit song, the Federal Trade Commission is "gonna getcha, getcha, getcha . . . one way or another" if you are engaged in deceptive e-mail marketing.  Sana Coleman Chriss, FTC's spam coordinator, noted Oct. 28 that the FTC can go after spammers under either the CAN-SPAM Act or Section 5 of the FTC Act.  In fact, the FTC used its broad authority under Section 5 to go after spammers long before CAN-SPAM's enactment in 2003.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Claim for Deception Involving Send-to-Friend E-Mails Held Preempted by CAN-SPAM Act
·  AOL Sued Over Advertisements in Paid E-Mail
·  CAN-SPAM Standing Extended to Non-ISP Internet Service Suffering Network Harms
·  FTC Delays Enforcement of 'Red Flag' ID Theft Rules
·  Insurance Policy Covering Negligence, Errors Does Not Cover Global Spyware Transmission
·  Good Faith Purchaser of Stolen Domain Name Liable for Conversion
·  Digital Music Price-Fixing Lawsuit Dismissed Due to Lack of Evidence of Concerted Action
·  Alleged FACT Act Violation Does Not Trigger Insurance Policy Covering Privacy, Publicity
·  Pleading Deficiencies Doom Shareholder Suit Alleging Yahoo! Disguised Click-Fraud Profits
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Online Firms Agree on Principles to Promote Privacy, Free Speech 
 
Internet companies, human rights groups, and other organizations Oct. 28 announced a set of principles designed to advance privacy and freedom of expression on the Web.  Participants, including Google, Inc., Yahoo! Inc., and Microsoft Corp., plan to work together in resisting efforts by governments that seek to enlist companies in acts of censorship and surveillance, in violation of international standards, according to a joint press statement.  Subscribers read more ...
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FCC Issues Order Requiring E-911 Service from VoIP Providers 
 
The Federal Communications Commission Oct. 21 met a statutory deadline and issued an order that implements the NET 911 Act, which requires all Voice over Internet Protocol (VoIP) providers to offer E-911 service to their customers.  The final order does not contain any of the controversial provisions that were proposed in the initial notice of proposed rulemaking related to roaming agreements among wireless carriers.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  AT&T Backs Martin USF Proposal, Says New Technology Requires Action
·  Tate Inclined to Support Proposals to Reform USF/Intercarrier Compensation
·  Microsoft Urges White Spaces Vote as Broadcasters Ramp Up Opposition
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Commerce Official Says U.S. Eyes Open Negotiations on Global Privacy Standards 
 
The United States would like to see "more transparency" in negotiations aimed at establishing international privacy standards, a Commerce Department official said Oct. 21.  Damon Greer, director of the U.S.-EU Safe Harbor program at Commerce, said work addressing privacy issues is under way in multinational committees and subcommittees of the Geneva-based International Organization for Standardization (ISO), but many stakeholders are shut out of the negotiation process.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  IP Addresses Not Personal Data in Case Addressed by German Court
·  Marketers Face Complex Notice, Opt-Out Requirements, Panelists Warn
·  Italian Law Enforcement Can Monitor Sites to Prevent Sales to Under-Age Smokers
·  World Privacy Officials Adopt Series of Resolutions at 30th Annual Meeting
·  Attorneys Say Global Data Protection Pact Not Unexpected, but Will Encounter Hurdles
·  Ohio Website Temporarily Disabled After Hacking
 
Subscribers may search ILR's Privacy & Security database 

JURISDICTION & PROCEDURE 
 
Mark's Use on Website Available in Florida Sufficed to Establish Jurisdiction There 
 
A Tennessee trademark infringement defendant's use of the plaintiff's trademarked name and pictures on a website accessible in Florida was sufficient to establish personal jurisdiction over the defendant in that forum, the U.S. Court of Appeals for the Eleventh Circuit held Oct. 10.  Reversing the dismissal of the case for lack of personal jurisdiction, the appellate court held that Florida has jurisdiction under the Supreme Court's "effects test" because the defendant's website amounts to an intentional tort expressly directed at Florida residents.  Licciardello v. Lovelady, 2008 ILRWeb (P&F) 2809.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Panel: E-Discovery Poses Major Hurdle for EU-U.S. Agreement Over Data Privacy
·  Website Enabling Interstate Cigarette Sales Subject to Jurisdiction in Purchasers' Forum
 
Subscribers may search ILR's Jurisdiction & Procedure database

Latest Cases 
 
·  Allcare Dental Management, LLC v. Zrinyi, 2008 ILRWeb (P&F) 2845 [D Idaho] (Motion for expedited discovery granted, authorizing service of subpoena on ISP and an opportunity to make an image of information stored on defendants' computers)
·  Authors Guild v. Google, Inc. (Settlement Agreement), 2008 ILRWeb (P&F) 2853 [SD NY] (Google, authors, and publishers settle Google book search litigation for $125 M)
·  Brodsky v. Yahoo! Inc., 2008 ILRWeb (P&F) 2839 [ND Cal] (Complaint alleging that Yahoo artificially inflated its revenue by relaxing its "click fraud" standards is dismissed, but plaintiffs are granted leave to amend)
·  CRS Recovery, Inc. v. Laxton, 2008 ILRWeb (P&F) 2719 [ND Cal] (Good faith purchaser of stolen domain name liable for conversion)
·  Digital Music Antitrust Litigation, In re, 2008 ILRWeb (P&F) 2833 [SD NY] (Digital music price-fixing lawsuit dismissed due to lack of evidence of concerted action)
·  Eyeblaster, Inc. v. Federal Insurance Co., 2008 ILRWeb (P&F) 2831 [D Minn] (Company's errors and omissions insurance policy does not cover the intentional transmission of spyware, and its general liability insurance policy does not cover damages to software as a result of the spyware transmission)
·  Fahmy v. Hogge, 2008 ILRWeb (P&F) 2835 [CD Cal] (Defamation plaintiff fails to submit admissible evidence showing that defendant expressly aimed his conduct at the forum by targeting plaintiff in California)
·  Flores v. State of Texas, 2008 ILRWeb (P&F) 2847 [Tex Ct App] (Court declines to take judicial notice of a Wikipedia entry)
·  Haselton v. Quicken Loans, Inc., 2008 ILRWeb (P&F) 2829 [WD Wash] (CAN-SPAM standing extended to non-ISP Internet service suffering network harms)
·  Hoang v. Reunion.com, Inc., 2008 ILRWeb (P&F) 2851 [ND Cal] (Claim for deception involving send-to-friend e-mails held preempted by CAN-SPAM Act)
·  Illinois, People of v. Hemi Group, LLC, 2008 ILRWeb (P&F) 2841 [CD Ill] (Website enabling interstate cigarette sales subject to jurisdiction in purchasers' forum)
·  Jackson v. Grupo Industrial Hotelero, S.A., 2008 ILRWeb (P&F) 2843 [SD Fla] (Court has jurisdiction over Mexican nightclub based on its use of plaintiff's image on its website)
·  Jews for Jesus, Inc. v. Rapp, 2008 ILRWeb (P&F) 2837 [Fla Sup Ct] (Florida does not recognize the tort of false light invasion of privacy, but it does recognize defamation by implication; a communication can be considered defamatory if it "prejudices" the plaintiff in the eyes of a "substantial and respectable minority of the community")
·  Licciardello v. Lovelady, 2008 ILRWeb (P&F) 2809 [11th Cir] (Mark's use on website available in Florida sufficed to establish jurisdiction there)
·  Mikhlyn v. Bove, 2008 ILRWeb (P&F) 2827 [ED NY] (Plaintiffs have not established that they have rights to embroidery websites; counterclaimants have not made out a prima facie case for copyright or trademark infringement, and they have failed to demonstrate a likelihood of success on their ACPA claim)
·  Net MoneyIN, Inc. v. VeriSign, Inc., 2008 ILRWeb (P&F) 2825 [Fed Cir] (Judgment finding invalid certain claims of a patent related to processing credit card transactions over the Internet affirmed in part and reversed in part)
·  Regina v. S and A, 2008 ILRWeb (P&F) 2849 [UK Sup Ct Jud Ct] (Disclosure of password to access encrypted computer files does not violate privilege against self-incrimination)
·  United States v. Schales, 2008 ILRWeb (P&F) 2823 [9th Cir] (PROTECT Act, 18 USC §1466(a)(1), is neither impermissibly overbroad nor unconstitutionally vague, but double jeopardy clause prohibits convictions for both receipt and possession under 18 USC §2252(a))
·  Whole Enchilada, Inc. v. Travelers Property Casualty Co. of America, 2008 ILRWeb (P&F) 2721 [WD Pa] (Corporate insurance policy covering damages from "personal and advertising injury" is not triggered by alleged violations of the FACT Act)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Capitol Records, Inc. v. Thomas (Plaintiffs' Motion to Certify Sept. 24 Order for Interlocutory Appeal), 2008 ILRWeb (P&F) 2808 [D Minn] (RIAA, on behalf of major recording labels, seeks appeal of the court's ruling that "making available" content in a shared P2P folder is not equivalent to distribution under the Copyright Act)
·  Cecchini v. AOL LLC (Class Action Complaint), 2008 ILRWeb (P&F) 2810 [CD Cal] (Paying subscriber to AOL's e-mail service files class against AOL and others for inserting advertisements in e-mail correspondence)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Residential VoIP Market Outlook - New!  
Residential subscriptions to VoIP service have been growing dramatically in the past few quarters, even as growth of other advanced home communications services slows down. We are forecasting that VoIP-connected households should exceed 25 million by the end of the decade, and will grow at about 14% annually over the next few years. In this report, we offer more detailed forecasts plus an analysis of the various residential VoIP services on the market.  Learn More  Order Now

Broadband-enabled Gaming Environments - New! 
The level of quality, realism and interactivity of online games has improved considerably in recent years, resulting in richly detailed worlds that feature virtual communities. We believe the evolution of online gaming presents an opportunity for some broadband service providers to tailor packages toward a growing customer base and thus benefit from service premiums and the resulting boost in ARPU. We forecast that the online gaming market will generate annual revenues nearing $2 billion by the end of the decade. In this report, we provide a detailed overview of the online gaming industry and project revenues and global market share out to 2013. We also provide a case study of a popular online game, and detail the opportunities and risks such games create for service providers.  Learn More  Order Now

Events, Conferences, & Books 
 

The DMCA: Special 10th Anniversary Edition - Coming Soon!
October 28, 2008 marks the tenth anniversary of the Digital Millennium Copyright Act. In honor of this milestone, Pike & Fischer is pleased to announce a special 10th anniversary edition of its unique DMCA desk reference. The Digital Millennium Copyright Act: Special Tenth Anniversary Edition covers the whole of the DMCA—the full text of the statute, its legislative history, administrative reports and rulemakings, the latest court decisions, and more—to bring you up-to-date on the full impact of this landmark legislation. Learn More. Order Now.


Legal Risk Management Forum II - Audio CDs Now Available!
On September 16 - 17, Pike & Fischer once again played host to the nation's top federal, state and private sector players who debated the critical issues facing Web 2.0.  More than 30 speakers participated in debates covering content infringement, privacy, reputation preservation, and other critical issues facing Internet businesses.  Keynotes were delivered by Robert Kasunic, Principal Legal Advisor in the Office of the General Counsel, U.S. Copyright Office, Kevin Kuzas, V.P. and General Counsel of Comcast Interactive Media, and Doug Mandell, former General Counsel of LinkedIn.  Missed the Forum?  CDs of all Forum proceedings are now available.  Order a CD.

View all Events & Conferences

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