Pinning Down Cloud Computing: Legal Risk Management and Best Practices for Business

TODAY at  2:00 p.m. EDT
There's been a lot of buzz about cloud computing.  Much of it touts cloud computing as a way for companies to save money in lean times.  But what are the risks associated with its adoption?  What's the best way to vet cloud providers?  How do you train employees to use cloud services wisely?  Is the current state of the law as unclear as many commentators contend?  Join Pike & Fischer for an interactive webinar featuring legal experts from Sun Microsystems, Salesforce.com, GE Capital, and Wilson Sonsini Goodrich & Rosati as they examine the benefits and risks of cloud computing from both the legal and practical perspectives.  Learn More  Register Now

Latest News 
 
INTELLECTUAL PROPERTY
 
Trademark Owners Give ICANN Specific Recommendations for gTLD Amendments

In order for the new top-level domain process contemplated by the Internet Corporation for Assigned Names and Numbers to adequately protect the rights of trademark owners, trademark rights must receive more priority at the application stage, and the objection and policing process must be simplified, a draft report produced by ICANN's special Implementation Recommendation Team said April 24.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Google Seeks Extension of Notice Period, Court Delays Fairness Hearing by 4 Months
·  Infringement Encouraging Website Visitors to Linger May Cause Direct Financial Benefit
·  Taser Complains Virtual Stun Guns Infringe Its Marks
·  DMCA Harming Students, Innovation, Copyright Office Told at Hearing
·  Wiki Host Asserts Users' Posts About iPod Reverse Engineering Not Infringing
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Third-Party Beneficiary Standing Denied in Craigslist Terms of Use Dispute

A click-wrap terms of use agreement that grants the service provider a seemingly exclusive enforcement right and that on its face binds only the contracting parties does not leave room for a third party to sue for breach, the U.S. District Court for the Southern District of New York held April 28.  Jackson v. American Plaza Corp., 2009 ILRWeb (P&F) 1675.  Subscribers read more ...

Other Internet Commerce news: 
 
·  European Commissioner Calls for ICANN Privatization, New Internet Governance Model
·  Internet Pharmacy's Claims Against PBMs Filed Too Late, Federal Appeals Court Says
·  False Advertising Claims Under California Spam Law Survive CAN-SPAM Preemption
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Union That Did Not Control Members' Web Comments Shielded by CDA

A police officers' union was shielded from liability for content posted by its members on its website because the members were not acting as union agents and the union did not control the content, the U.S. District Court for the District of Nevada held March 10.  Raggi v. Las Vegas Metropolitan Police Department, 2009 ILRWeb (P&F) 1457.  Subscribers read more ...

Other Freedom of Speech news: 
 
·  State Immoral Communications Law Is Not Overbroad
·  Ohio High Court Asked to Interpret Web Safety Law
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Broadband Grant Rules Set for June; NTIA, RUS Could Act Simultaneously

A closely coordinated pair of notices for the distribution of billions of dollars in broadband grants and loan guarantees are on track to be published in late June and could be published simultaneously, federal officials said May 5.  Under the American Recovery and Reinvestment Act (Pub. Law No. 111-05), a total of $7.2 billion was divided between two federal agencies for the purposes of building out broadband to unserved and underserved areas.  Subscribers read more ...

Other Telecommunications news: 
 
·  EU Telecom Reform to Go Ahead After Illegal Downloading Dispute Resolved
·  White House Taps Clyburn to Fill Democratic Seat at FCC
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Canadian Privacy Office Won't Verify Web User IDs

The trend toward individuals impersonating others on social networking sites raises privacy concerns, but it would not be appropriate to require such sites to undertake more extensive procedures to verify the identities of their members, the Office of the Privacy Commissioner of Canada said April 14.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Carper Bill Seeks White House Cyber-Office; FISMA, Data Security Upgrades for Agencies
·  GOP Senator Criticizes Proposal to Move Cybersecurity Coordination to White House
·  Thompson, Lieberman Propose Giving Emergency Cybersecurity Powers to FERC
·  Lawmakers Confirm Software Penetration of U.S. Electrical Grid by Foreign Hackers
·  FTC Again Delays Enforcement of 'Red Flag' Identity Theft Rules
·  Witnesses Urge House Panel to Avoid Prescriptive Cybersecurity Regulations
·  Rep. Rush, House Commerce Leaders Again Offer Data Security, Breach Notice Bill
·  'Meaningful Use' Measure of IT Should Begin at Basic Level, Then Gradually Demand More
·  Database Company Must Pay for Redaction of Requested New Jersey Real Estate Records
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
New York's 'Amazon' Law Inspires Imitations Amid Fear That Small Web Publishers Will Be Punished

A New York law that imposes a sales tax collection duty on Amazon.com and other Internet retailers has inspired a series of similar bills in other states, generating a backlash of anxiety among small businesses that rely on "affiliate" relationships with the online giants.  Subscribers read more ...

Other Taxation news: 
 
·  California Online Nexus Legislation Author Still Pushing for 2009 Passage
·  SSUTA Panel Makes Preparations for Lobbying on Federal Legislation
·  Online Travel Companies Appeal Indiana DOR's Sales Tax Assessments
·  Nebraska Enacts Bill Conforming to SSUTA, Plans Electronic Filing for Tax Preparers
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Fact That Anyone Can Edit Entries Means Wikipedia Is Too Unreliable for Judicial Notice

Wikipedia entries are not appropriate sources for judicial notice because they can be changed at any time, including by parties to litigation, the New Jersey Superior Court, Appellate Division ruled April 17 in an unpublished opinion.  Palisades Collection, L.L.C. v. Graubard, 2009 ILRWeb (P&F) 1681.  Subscribers read more ...

Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Agent's Delay in Getting Search Warrant for Seized Hard Drive Requires Suppression

A federal agent's 21-day delay in seeking a warrant to search a computer hard drive that he had seized required suppression of evidence obtained pursuant to the warrant, the U.S. Court of Appeals for the Eleventh Circuit ruled April 22.  United States v. Mitchell, 2009 ILRWeb (P&F) 1667.  Subscribers read more ...

Other Criminal Liability news: 
 
·  USSC Rejects Enhancement for Use of Proxies
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  American Booksellers Foundation for Free Expression v. Strickland, 27 ILR (P&F) 56 [6th Cir] (Questions certified in constitutional challenge to Ohio statute that prohibits Internet dissemination of material "harmful to juveniles")
·  Asis Internet Services v. Consumerbargaingiveaways, LLC, 2009 ILRWeb (P&F) 1649 [ND Cal] (False advertising claims under California spam law survive CAN-SPAM preemption)
·  Authors Guild v. Google, Inc. (Order Granting Extension of Final Hearing), 2009 ILRWeb (P&F) 1661 [SD NY] (Final hearing for consideration of the settlement between Google and the authors and publishers party to the settlement will be held on Oct. 4 instead of June 11)
·  Bryant v. Europadisk, Ltd., 2009 ILRWeb (P&F) 1677 [SD NY] (Contractual provision authorizing marketer to promote CD recordings via "Internet sites" did not authorize the distribution of digital downloads)
·  Burnett v. County of Bergen, 2009 ILRWeb (P&F) 1671 [NJ] (Municipality must redact social security numbers from land title documents sought by party seeking to compile a land record database; the cost of redaction will be borne by the requestor)
·  CBS Interactive, Inc. v. National Football League Players Association, Inc., 2009 ILRWeb (P&F) 1669 [D Minn] (First Amendment trumps state-law right-of-publicity claims asserted against provider of online "fantasy football" game)
·  Doebler v. Douglas, 2009 ILRWeb (P&F) 1683 [Cal Ct App] (Defendant's pattern of sending obsessive, repetitive e-mails supports injunction prohibiting harassment)
·  Eppley v. Iacovelli, 2009 ILRWeb (P&F) 1673 [SD Ind] (Plastic surgeon entitled to preliminary injunction against former client who spreads allegedly defamatory e-mail and Internet postings)
·  Jackson v. American Plaza Corp., 2009 ILRWeb (P&F) 1675 [SD NY] (Plaintiffs fail to show they are third-party beneficiaries of Craigslist's TOU, and therefore fail to establish a likelihood of success on the merits of their breach of contract action against a Craigslist advertiser)
·  Live Face on Web, LLC v. Howard Stern Productions, Inc., 2009 ILRWeb (P&F) 1547 [ED Pa] (Allegations that infringed software program enhanced website owner's brand value by inducing visitors to remain longer satisfied vicarious copyright infringement inquiry)
·  Palisades Collection, L.L.C. v. Graubard, 2009 ILRWeb (P&F) 1681 [NJ App Div] (Court should not have taken judicial notice of facts contained in Wikipedia article)
·  Raggi v. Las Vegas Metropolitan Police Department, 2009 ILRWeb (P&F) 1457 [D Nev] (Union that did not control members' web comments shielded by CDA)
·  Rx.com v. Medco Health Solutions, Inc., 2009 ILRWeb (P&F) 1679 [5th Cir] (Internet pharmacy's claims against pharmacy benefit managers are time-barred)
·  Stagl v. Gromicko, 2009 ILRWeb (P&F) 1665 [MD Fla] (Absent allegation of adverse effect, no standing to bring CAN-SPAM claim)
·  United States v. American Society of Composers, Authors and Publishers, 2009 ILRWeb (P&F) 1663 [SD NY] (AT&T shall pay an interim fee of $1,800,000 to ASCAP for specific services for the period from October 2004 through October 2008, and ongoing interim fees at the rate of $60,000 per month for the period commencing November 1, 2008)
·  United States v. Mitchell, 2009 ILRWeb (P&F) 1667 [11th Cir] (Agent's delay in getting search warrant for seized hard drive requires suppression)
·  Viacom International, Inc. v. YouTube, Inc., 2009 ILRWeb (P&F) 1659 [ND Cal] (Company hired by Viacom to identify copyrighted clips on YouTube must produce documents responsive to YouTube's subpoena)
·  Vonage Holdings Corp. v. Nebraska Public Service Commission, 2009 ILRWeb (P&F) 1802 [8th Cir] (Nomadic interconnected VoIP service providers are not subject to a Nebraska regulation requiring them to collect a universal service fund surcharge)
·  Washington, State of v. Aljutily, 2009 ILRWeb (P&F) 1435 [Wash Ct App] (Washington law that prohibits electronic communications with a minor for immoral purposes is not unconstitutionally overbroad)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  OdioWorks, LLC v. Apple, Inc. (Complaint), 2009 ILRWeb (P&F) 1606 [ND Cal] (Wiki host asserts users' posts about iPod reverse engineering not infringing)
·  Shoemoney Media Group v. Farrell (Notice of Removal & Complaint), 2009 ILRWeb (P&F) 1610 [D Neb] (Company sues AdWords Account Specialist for allegedly using its mark as a keyword search term, in contravention of Google's policy)
·  Taser International, Inc. v. Linden Research, Inc. (Complaint), 2009 ILRWeb (P&F) 1608 [D Ariz] (Taser company alleges that virtual stun guns in Second Life have infringed on its trademarks and design patents)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Household Telecom Spending and the Economic Crisis: A Consumer Survey – New!
Cutbacks in home communications and entertainment services have yet to emerge as a measurable trend, despite the ongoing recession. This nationwide survey indicates that most consumers are spending the same amount on phone, Internet and multichannel video as they've spent in the past. Respondents say they would rather keep Internet, video and voice services in their budgets than any other type of expense, including gym memberships, personal care products and apparel. But the results also point to customers becoming more aware of ways to spend less on those services, such as converting to lower-priced Internet service tiers or watching TV shows online for free. This report provides details on our survey findings, including a rich array of demographic variables and predictions about customer behavior over the remainder of 2009. Thirty-nine charts are included.  Learn More  Order Now

Web Video Usage: A Consumer Survey – New!
Pike & Fischer has found that consumers have no plans to cut back their spending on multichannel video services this year, although many are opting against buying premium packages or VOD movies. Households that reported watching Web-based video on a regular basis were in fact the most likely respondents to say they will keep their traditional multichannel video service. This report details our survey findings, including a variety of demographic information about Web video usage, and provides an outlook on how cable operators are responding to the rise of online video. Twenty-one tables and charts are included.  Learn More  Order Now

Events & Conferences 


Broadband Policy Summit V
Rick Boucher, Michael Copps to deliver keynotes
Sheraton Crystal City, Arlington, VA, June 18-19, 2009
Rep. Rick Boucher (D-VA) will give the opening keynote address and Michael Copps, the Acting Chair of the Federal Communications Commission, will give the luncheon keynote. Washington's preeminent broadband communications policy forum promises more than ever to be the place to learn how to position your company and clients to thrive in this new broadband environment. Boucher and Copps will be joined by speakers representing the industry's top companies, like Verizon, AT&T, Time Warner, Google, and Amazon; leading public policy advocates, including Public Knowledge, Consumers Union, the Leadership Conference on Civil Rights, and MAP; and renowned investment specialists, including Precursor, Regulatory Source Associates, and J.P Morgan.  Learn More  Register Now  Early Bird Discount Expires May 18, 2009

View all Events & Conferences

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