Tenth Anniversary Edition of DMCA Desk Reference Now Available

To commemorate the 1998 enactment of the Digital Millennium Copyright Act, Pike & Fischer has released a special 10th anniversary edition of its unique DMCA desk reference. The Digital Millennium Copyright Act: Special Tenth Anniversary Edition covers the whole history 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. 
 

Latest News 
 
INTELLECTUAL PROPERTY
 
New gTLD Applications Hold Promise for Rights Owners, but Caution Still Advised 
 
Trademark owners are encouraged by the seemingly pro-trademark provisions in the Internet Corporation for Assigned Names and Numbers's plan for allocating new top-level domain names. High barriers to entry, mandatory rights protection mechanisms, and publicly available Whois registrant information all promise—at this early stage—to make cybersquatting an unattractive proposition in the new domains.  ICANN's new gTLD program, approved in June, is the subject of a detailed guidebook published Oct. 24. The guide sets out the application requirements, dispute resolution mechanisms, and requirements for ultimate registration.  Subscribers read more ...

Other Intellectual Property news:
 
·  New York Court to Weigh Tiffany v. eBay's Effect on Web Service's Contributory Liability
·  ACPA Claim Predicated on Registration of Later-Famous Mark Fails Due to Timing
·  American Airlines Sues Yahoo! Over Sponsored Ads
·  Costs of New Campus P2P Rules Could Be Significant
·  Amici, Practitioners Have Mixed Reactions to Federal Circuit's Bilski Decision
·  Coming .tel Domain Offers Trademark Owners Much to Consider, Anticipate
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
No Heightened Pleading Required for CFAA Claims 
 
Allegations that former contractors have wrongfully accessed corporate bank accounts, changed protected computer passwords, and caused the wrongful transfer of electronic funds are sufficient to set out a colorable claim under the federal Computer Fraud and Abuse Act, even though they do not meet the heightened pleading requirements of Federal Rules of Civil Procedure Rule 9(b), the U.S. District Court for the District of Utah held Oct. 17.  Zero Down Supply Chain Solutions, Inc. v. Global Transportation Solutions, Inc., 2008 ILRWeb (P&F) 2869.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Next Administration Must Spur Investment in Technology Sector
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Federal Court Sidesteps Library Net Filtering Challenge, Sends Case to State's High Court 
 
The issue of whether public libraries in Washington may filter Internet content available to patrons consistent with Washington law is best answered by the Washington Supreme Court, the U.S. District Court for the Eastern District of Washington ruled Sept. 30.  Judge Edward F. Shea ruled the issue of whether public libraries' filtering of Internet sites was constitutional under Washington law should be answered by the Washington Supreme Court, since the issue has yet to be addressed in a state court there.  Bradburn v. North Central Regional Library District, 2008 ILRWeb (P&F) 2715.  Subscribers read more ...
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
ISP Contract Dispute Culminates in Web Access Issues for Customers 
 
Internet service providers Sprint-Nextel and Cogent Communications are blaming one another for web surfing problems their customers are experiencing as a result of a contract dispute between the companies.  The dispute culminated in an Oct. 30 decision by Sprint to sever its Internet connection to Cogent, preventing many Sprint and Cogent customers from being able to access certain websites, according to the firms.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  FCC Approves Verizon/Alltel, Sprint/Clearwire Merger Plans
·  Small Telecommunications Carriers to Support USF Proposal with Changes
·  Martin Pulls Universal Service Proposal from Vote at Nov. 4 Commission Meeting
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Ex-Employee's E-Mail Snooping Violated Stored Communications Act, Not Wiretap Act 
 
A former employee's snooping of corporate e-mails for over a year after he left his job violated the Stored Communications Act but not the Wiretap Act, absent evidence that the employee did more than access e-mails after their receipt by the server, the U.S. District Court for the Middle District of Tennessee held Oct. 10.  The court said that to "intercept" an electronic communication in violation of these acts, one must access the communication at the moment it is transmitted.  Accessing messages after they have arrived in a web-based account does not count as interception, but such access may violate the Stored Communications Act.  Cardinal Health 414, Inc. v. Adams, 2008 ILRWeb (P&F) 2855.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Speaker Advises Adoption of Social Guidelines for Social Networks
·  Survey: Most Workers Use Web Applications, Raising Data Security Risks for Companies
·  Bills to Advance Adoption of E-Records Unlikely to Move Before 2009, Aide Says
·  Article 29 Working Party Amends FAQs Guidance on BCRs
·  NIST Issues Recommended Guidelines on Data Security for Cell Phones, PDAs
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Sales of Access to Online Databases May Be Subject to VAT, Russia Says 
 
The Russian Finance Ministry Oct. 31 issued a clarification on whether sales of online database access should be subject to Russia's value-added tax.  In Letter No. 03-07-11/335, the ministry's department of tax, customs and tariff policy addressed whether sales of online database access by issuing logins and passwords to buyers should be subject to Russia's VAT.  Subscribers read more ...

Other Taxation news: 
 
·  New York Regulations Would Expand Sales Tax on Tax-Exempt Organizations
·  Data Security, Taxpayer Privacy Issues Concern IRS in E-Filing, E-Mail Projects
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Hotel's Interactive Website Not, Itself, Cause for Jurisdiction Wherever Accessible 
 
The mere existence of an interactive hotel website does not give guests carte blanche to sue the hotel for injuries wherever the website is accessible, the U.S. District Court for the Northern District of Illinois held Sept. 5.  The court said that web accessibility alone did not create the minimum contacts required to exercise jurisdiction over an out-of-state defendant in Illinois.  Linehan v. Golden Nugget, 2008 ILRWeb (P&F) 2723.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  University Subpoena Must Allow Time to Give Notice
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Private Search of Individual Computer Files Cannot Justify Police Search of Hard Drive 
 
The Fourth Amendment's private-search doctrine—which allows the government to use evidence obtained without a warrant by a private citizen unaffiliated with the government—does not authorize law enforcement officers to copy a computer hard drive and scan its contents after a private individual reports the discovery of evidence of crime in a few files on the computer, the U.S. District Court for the Middle District of Pennsylvania held Oct. 22.  United States v. Crist, 2008 ILRWeb (P&F) 2863.  Subscribers read more ...
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Bilski, In re, 2008 ILRWeb (P&F) 2861 [Fed Cir] (Method of hedging risk in the field of commodities trading is not patentable subject matter)
·  Bradburn v. North Central Regional Library District, 2008 ILRWeb (P&F) 2715 [ED Wash] (Federal court sidesteps library net filtering challenge, sends case to state's high court)
·  Cardinal Health 414, Inc. v. Adams, 2008 ILRWeb (P&F) 2855 [MD Tenn] (Former employee's snooping of corporate e-mails for over a year after he left his job violated the SCA but not the Wiretap Act, absent evidence that the employee did more than access e-mails after their receipt by the server)
·  Collective Administration of Performing Rights and of Communication Rights (Decision of the Board), 2008 ILRWeb (P&F) 2873 [Can Copyright Bd] (Canada's Copyright Board sets rates for certain music uses over the Internet)
·  Collective Administration of Performing Rights and of Communication Rights (Tariffs), 2008 ILRWeb (P&F) 2875 [Can Copyright Bd] (Canada's Copyright Board sets rates for certain music uses over the Internet)
·  Crookes v. Wikimedia Foundation, Inc., 2008 ILRWeb (P&F) 2865 [BC Sup Ct] (Creating a hyperlink to defamatory material does not constitute publication of the defamatory words)
·  Harry Winston, Inc. v. Katherman, 2008 ILRWeb (P&F) 2859 [WIPO] (Registering and using domain name to parody the complainants' famous trademark was not in bad faith)
·  Linehan v. Golden Nugget, 2008 ILRWeb (P&F) 2723 [ND Ill] (Hotel's interactive website not, itself, cause for jurisdiction wherever accessible)
·  3700 Associates, LLC v. Griffin, 2008 ILRWeb (P&F) 2857 [SD Fla] (Company holding rights to a mark, which an individual registered as an Internet domain name a year before the company began using it, could not prevail in a cybersquatting lawsuit against the individual due to the timing of the registration)
·  Truckstop.net, LLC v. Sprint Corp., 2008 ILRWeb (P&F) 2867 [9th Cir] (No jurisdiction to review discovery order addressing inadvertently disclosed e-mail)
·  UMG Recordings, Inc. v. Doe, 2008 ILRWeb (P&F) 2613 [ND Cal] (Recording label may subpoena a university for the contact information of an alleged file-sharing student, but must allow the university adequate time to inform the student and his parents before complying)
·  United States v. Crist, 2008 ILRWeb (P&F) 2863 [MD Pa] (Private search of individual computer files cannot justify police search of hard drive)
·  World Wrestling Entertainment, Inc. v. AWA Wrestling Entertainment, Inc., 2008 ILRWeb (P&F) 2871 [D Minn] (Plaintiffs entitled to summary judgment on ACPA claim)
·  Zero Down Supply Chain Solutions, Inc. v. Global Transportation Solutions, Inc., 2008 ILRWeb (P&F) 2869 [D Utah] (No heightened pleading required for CFAA claims)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  American Airlines, Inc. v. Yahoo! Inc. (Complaint), 2008 ILRWeb (P&F) 2806 [ND Tex] (Airline sues search engines for permitting the sale of its trademark to third parties as an advertising keyword)
·  Minsky v. Linden Research, Inc. (Amended Complaint), 2008 ILRWeb (P&F) 2422 [ND NY] (Second Life resident files trademark infringement and related causes of action concerning use of SLART mark in virtual world)
·  Minsky v. Linden Research, Inc. (Answer of Defendant Linden Research, Inc. and Counterclaims), 2008 ILRWeb (P&F) 2812 [ND NY] (Operator of Second Life files counterclaim against Second Life resident, claiming that his SLART mark infringes and dilutes the SL mark)
 
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 
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 
 

New Regs & Spam Webinar - CD Recordings Available!
On Oct. 28, Pike & Fischer played host to top legal experts from the government and the private sector, who addressed the latest developments in CAN-SPAM enforcement and litigation. Hear from the FTC, the Florida AG's Office, in-house counsel, and seasoned litigators on our exclusive CD. PowerPoint presentations included. Order Now.


Legal Risk Management Forum II - Audio CDs 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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