Latest News 
 
INTELLECTUAL PROPERTY
 
Copyright Infringement Cases Advance in Shadow of YouTube, Book Search Suits

With high-profile litigation against YouTube, Inc. for copyright infringement and the endgame in the Google Search settlement looming, it is easy to overlook the handful of other new media copyright cases pending in other courts across the country.  As new technologies for distributing digital content chip away at the bundle of exclusive rights afforded by the Copyright Act, copyright owners have moved to shore up or reaffirm their rights in several key areas of the copyright bargain.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Solicitor General Opposes Review of Bilski Patentable Subject Matter Test
·  EU Parliament Trips Up Planned Approval of New EU Telecom Rules
·  EC Launches Digital Consumer Rights Guide
·  Maximum Statutory Damages Upheld in ACPA Bad-Faith Registration Dispute
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Web Gambling Advocacy Group Argues State Lacked Jurisdiction to Demand Site Blocking

Minnesota's gambling enforcement authority lacked jurisdiction under the federal Wire Act to demand that Internet service providers block access to gambling websites, according to a complaint filed May 6 by the Interactive Media Entertainment and Gaming Association in the U.S. District Court for the District of Minnesota.  Interactive Media Entertainment & Gaming Association, Inc. v. Willems (Complaint), 2009 ILRWeb (P&F) 1806.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Claim Under California Deceptive Commercial E-Mail Statute Held Preempted by CAN-SPAM
·  FTC Chair Says Agency Should Have New Authority Over Telecom Companies
·  House Financial Services Chair Seeks Web Wager Law Repeal, Federal License Regime
·  Whois Directory Listing Does Not Prove Domain Ownership, Pierce Corporate Veil
·  New Accountability, Oversight Models Debated as ICANN Looks to Independence
·  Canada Spam Bill Includes Clause to End Marketer No-Call List, but Not Immediately
·  EU Antitrust Regulator Plans to Level Record Fine Against Intel on CPU Abuses
·  Antitrust Enforcement Under Obama Administration Will Be Robust, Official Vows
·  E-Mailed Confirmation Containing Credit Card Expiration Date Not FACT Act Violation
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
CDA Barred Negligence Claim for Failure to Remove Content, but Contract Claim Survives

Yahoo! Inc. was shielded by the Communications Decency Act against a claim that it negligently failed to remove content posted by a third party on an online message board, because the claim hinged on Yahoo!'s exercise of editorial functions as an interactive computer service, the U.S. District Court for the Ninth Circuit ruled May 7.  However, Judge Diarmuid F. O'Scannlain, writing for the court, held a contract-based claim against Yahoo! could proceed.  Barnes v. Yahoo! Inc., 2009 ILRWeb (P&F) 1807.  Subscribers read more ...

Other Freedom of Speech news: 
 
·  Firing Hearing Officer for Blog Posts Did Not Run Afoul of First Amendment
·  CBS Held Free to Use NFL Player Names, Statistics, Photos for Fantasy Football Site
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FTC Has Role in Policing Broadband Network Management Practices, Says Chairman

The Federal Trade Commission has a major role to play in making sure that broadband providers manage their networks in a fair manner to consumers, according to FTC Chairman Jon Leibowitz.  A key concern for the commission is whether consumers have been afforded the opportunity to consent to a company's network management practices.  Subscribers read more ...

Other Telecommunications news: 
 
·  Internet Subcommittee Chair Boucher Outlines Policy Priorities, Includes Wireless Bill, USF Reform
·  Committee Postpones Hearing on Genachowski Nomination
·  President Questions Exemption of USF from Anti-Deficiency Act
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Consumer Notice, Uniform Standards Equally Needed in Behavioral Tracking

Consumers need to be informed about online behavioral tracking practices, and notice and consent is important—but without uniform rules or regulations governing the uses of collected data, notice-and-consent rules may lose value, privacy and consumer protection lawyers said May 7.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Senate Energy Panel Eyes Cybersecurity Bill as Part of Comprehensive Energy Legislation
·  DHS Seeks $437 Million for Cybersecurity in Obama's Fiscal 2010 Budget Request
·  Maine House OKs Limiting Breach Notice Law Enforcement Delay to Seven Days
·  European Parliament Instructs EC to Eye Path to Enact Broad Data Breach Notice Law
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
New York Memorandum Clarifies Law Expanding Internet Sales Tax Rules

The New York State Department of Taxation and Finance released a guidance memo May 6 to clarify a new state law that expands the state's Internet sales tax provisions by including additional out-of-state retailers.  New York Office of Tax Policy Analysis Memorandum TSB-M-09(3)S, 2009 ILRWeb (P&F) 1817.  Subscribers read more ...

Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Multiple Web Comments, Photos Posted About Yale Students Targeted Connecticut

An individual who posted comments online about students at Yale Law School sufficiently targeted the state for personal jurisdiction to attach under Connecticut's long-arm statute and the due process clause, the U.S. District Court for the District of Connecticut held April 30.  Doe I v. Ciolli, 2009 ILRWeb (P&F) 1687.  Subscribers read more ...

Other Jurisdiction & Procedure news: 
 
·  Attorneys May Not Mislead Witnesses Into Granting Access to Social Webpages
·  Internet Ads for Pancakes Chain Did Not Create General Jurisdiction Over Franchisee
·  Local Dealer's Web Ads, Maker's Link to Dealer, Did Not Create General Jurisdiction
·  Use of Mark Online After Complaint Filed Was Not Intentional Contact for Jurisdiction
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Swedish ISPs Not Retaining User Protocols Skirts New IP Law, but Is Legal, DPA Says

A new law that can force Swedish Internet service providers to reveal the Internet protocol addresses of suspected illegal file sharers is being circumvented by ISPs that have elected not to retain customer data.  Subscribers read more ...

Other Criminal Liability news: 
 
·  Google: IT Was Not Available to Restrict Video Post
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Andy's Music, Inc. v. Andy's Music, Inc., 2009 ILRWeb (P&F) 1697 [SD Ala] (Music store based in Alabama, which sued a Chicago business operating under the same name, could not obtain jurisdiction over the Chicago company based on its continued use of the mark online post-filing)
·  Barnes v. Yahoo! Inc., 2009 ILRWeb (P&F) 1807 [9th Cir] (Claim for "negligent undertaking" treats Yahoo as publisher and is therefore barred by CDA)
·  CBS Interactive, Inc. v. National Football League Players Association, Inc., 2009 ILRWeb (P&F) 1669 [D Minn] (CBS Interactive's use of publicly available information about NFL players is protected by the First Amendment, and does not infringe on players' publicity rights)
·  Dlorah, Inc. v. NAU Holdings, LLC, 2009 ILRWeb (P&F) 1689 [D SD] (Whois directory listing does not prove domain ownership, pierce corporate veil)
·  Doe v. California Department of Justice, 2009 ILRWeb (P&F) 1815 [Cal Ct App] (Retroactive amendment to California's version of Megan's Law, which places past sex offenders back on Internet database, is constitutional and does not violate defendants' rights)
·  Doe 1 v. Ciolli, 2009 ILRWeb (P&F) 1687 [D Conn] (Defendant's Internet postings, which were specifically targeted at plaintiffs in Connecticut, are sufficient for purposes of exercising jurisdiction under Connecticut's long-arm statute)
·  Facebook, Inc. v. Power Ventures, Inc., 2009 ILRWeb (P&F) 1819 [ND Cal] (Claims alleging copyright infringement, trademark infringement, and violations to the DMCA withstand a motion to dismiss, but court grants defendants' motion for a more definite statement with respect to unfair competition claim)
·  Facebook, Inc. v. StudiVZ Ltd., 2009 ILRWeb (P&F) 1803 [ND Cal] (Germany is the more appropriate forum for trade dress action against a "knock-off" version of Facebook; however, court will defer ruling on forum non conveniens until the issue of personal jurisdiction is ripe for consideration)
·  Hypertouch, Inc. v. Valueclick, Inc., 2009 ILRWeb (P&F) 1809 [Cal Super Ct] (CAN-SPAM preempts claim brought under California's anti-spam law)
·  IP-Enabled Services, et al. (Final Rule; Extension of Waiver), 2009 ILRWeb (P&F) 1801 [FCC] (FCC extends waiver of requirement that TRS providers must immediately call an appropriate PSAP when receiving an emergency 711-dialed call placed by an interconnected VoIP user)
·  Ive v. Jones, 2009 ILRWeb (P&F) 1813 [WIPO] (SVP of Industrial Design at Apple fails to establish that he has unregistered trademark rights in his name)
·  Kiva Kitchen & Bath, Inc. v. Capital Distributing, Inc., 2009 ILRWeb (P&F) 1621 [5th Cir] (Maximum statutory damages upheld in ACPA bad-faith registration dispute)
·  Mapfre Puerto Rico v. Guadalupe-Delgado, 2009 ILRWeb (P&F) 1695 [D PR] (Puerto Rico boat dealer's Internet advertisements, and the Florida-based manufacturer's link to the dealer from its website, did not generate general jurisdiction over the manufacturer in Puerto Rico)
·  Merritt, Flebotte, Wilson, Webb & Caruso, PLLC v. Hemmings, 2009 ILRWeb (P&F) 1805 [NC Ct App] (That Internet search engine might return links to deleted biographical pages does not give rise to a claim for invasion of privacy)
·  Mueller v. Sunshine Restaurant Merger Sub LLC, 2009 ILRWeb (P&F) 1691 [MD Pa] (Web advertising for IHOP restaurant chain, featuring national promotions and store locator services, did not generate general jurisdiction over a Florida-based franchisee in Pennsylvania)
·  New York Office of Tax Policy Analysis Memorandum TSB-M-09(3)S, 2009 ILRWeb (P&F) 1817 [NY Dep't Tax Fin] (Memo clarifies New York law expanding Internet sales tax rules)
·  Philadelphia Bar Association Ethics Opinion 2009-02, 2009 ILRWeb (P&F) 1549 [Phila Bar Ass'n] (Attorneys may not mislead witnesses into granting access to social webpages)
·  RealNetworks, Inc. v. DVD Copy Control Association, Inc., 2009 ILRWeb (P&F) 1821 [ND Cal] (Court imposes monetary sanctions against RealNetworks for failing to preserve evidence)
·  Scott v. Fredrics, 2009 ILRWeb (P&F) 1811 [WIPO] (Chancellor of university has no trademark rights in his name, so his UDRP complaint is denied)
·  Stengle v. Office of Dispute Resolution, 2009 ILRWeb (P&F) 1685 [MD Pa] (Firing hearing officer for impartial blog posts did not run afoul of First Amendment)
·  Turner v. Ticket Animal, LLC, 2009 ILRWeb (P&F) 1693 [SD Fla] (E-mail order confirmations are not "printed" for purposes of the FACT Act, and thus failure to remove a credit card's expiration date in an electronic confirmation is not a violation)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Bilski v. Doll (Brief for Respondent in Opposition), 2009 ILRWeb (P&F) 1804 [US] (Solicitor General opposes review of Bilski patentable subject matter test)
·  Interactive Media Entertainment & Gaming Association, Inc. v. Willems (Complaint), 2009 ILRWeb (P&F) 1806 [D Minn] (iMEGA seeks to prevent Minnesota from requiring ISPs to block state residents' access to gambling sites)
 
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 – Early Bird Expires Next Week!
Sheraton Crystal City - Arlington, VA, June 18 & 19, 2009
BPS V 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 a volatile economy, wireless broadband, network management/net neutrality, broadband deployment and more.  Confirmed keynotes include Rep. Rick Boucher (D-VA) and Acting FCC Chair Michael J. Copps.  View the Summit program and register by May 18th to secure early bird rates.  Group, academic and gov't rates available.  Interested in sponsoring? Contact Todd Dale.  Learn More  Register Now 


Pinning Down Cloud Computing: Legal Risk Management and Best Practices for Business – Webinar Recordings Available!
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?  Order a recording of our May 6 webinar featuring legal experts from Sun Microsystems, Salesforce.com, GE Capital, and Wilson Sonsini Goodrich & Rosati, who examined the benefits and risks of cloud computing from both the legal and practical perspectives.  Learn More  Order Now

View all Events & Conferences

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