Latest News 
 
INTELLECTUAL PROPERTY
 
ACPA Contributory Liability Claim Against Whois Proxy Service Will Proceed to Merits

A domain name registrar acting as a Whois proxy service may be held liable for a customer's cybersquatting under the Anticybersquatting Consumer Protection Act, both directly and vicariously, so long as ACPA's requirements are met, the U.S. District Court for the Central District of California held May 19.  Solid Host NL v. NameCheap, Inc., 2009 ILRWeb (P&F) 1867.  Subscribers read more ...

Other Intellectual Property news: 
 
·  DMCA Notice Sent to Parent Did Not Give Affiliate Actual Knowledge of Infringement
·  WIPO to Allow Consolidated UDRP Actions Enforcing Multiple Rights Against One Actor
·  Violating Facebook TOS to Access User Data Actionable as Copyright Infringement
·  Google Will Permit Trademark Use in Some Ad Text
·  Contradicting 2008 Decisions, Paris Court Rules in Favor of eBay Over L'Oreal
·  Patent Board Clarifies Definiteness Standard for Computer-Implemented Claim Functions
·  RealNetworks Alleges Unlawful Content Industry Deal
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Software Groups Warn EC Consumer Rights Proposal Could Threaten Digital Innovation

Software companies are expressing concern over European Commission proposals to amend consumer protection laws to make software companies liable for the efficacy of their products.  The concerns stem from a May 5 Commission statement outlining priorities for action in the area of consumers' rights in the digital world.  Subscribers read more ...

Other Internet Commerce news: 
 
·  New Hampshire Lawyers May Not Mine Metadata in E-Documents from Opposition
·  Pennsylvania Lawyers May Use Metadata, Panel Advises in Second Look at Issue
·  Wrongly Conveyed Domain Seizable from Successor
·  Lost Profits Were Not CFAA §1030(a)(5) 'Damages'
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Craigslist Seeks Injunction Against Litigation Threats from South Carolina Attorney General

The South Carolina Attorney General's threats to sue Internet advertising service craigslist and its executives for failure to prevent ads for prostitution are impermissible under the Communications Decency Act, the First and Fourteenth Amendments to the Constitution, and the Commerce Clause, and should be immediately enjoined, craigslist urged May 20 in a complaint filed in U.S. District Court for the District of South Carolina.  craigslist, Inc. v. McMaster (Complaint), 2009 ILRWeb (P&F) 1814.  Subscribers read more ...

Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
'Buy American' Could Be Problem for Recovery Act Broadband Projects

The "Buy American" provisions in the stimulus package could prove problematic for companies seeking grants to build out broadband infrastructure, depending on how the National Telecommunications and Information Administration (NTIA) chooses to interpret those provisions.  Subscribers read more ...

Other Telecommunications news: 
 
·  Committee Approves Nomination of Strickling to Be NTIA Administrator
·  Copps Sees Window for Reform After Years of 'Mindless Deregulation'
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Police Use of GPS Tracking Infringes Privacy, Warrant Is Required, New York Court Rules

New York law enforcement officers must comply with the state constitution's warrant requirement before using a global positioning system device to track an automobile's movements on public roads for an extended period of time, a split New York Court of Appeals announced May 12.  People of New York v. Weaver, 2009 ILRWeb (P&F) 1853.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Expect Strong Health Data Breach Enforcement from State Attorneys General, Lawyer Says
·  FISMA Needs Update, Stronger Rules for Working Training, House Panel Told
·  U.K. Prime Minister Dismisses Petition to Review Online Behavioral Ad Use by ISPs
·  FTC's Final Model GLB Privacy Notice Form Ready by August, Semiannual Agenda Says
·  Class Argues Embedded AOL E-Mail Ads Violate ECPA
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Expedia, Hotwire Fight San Francisco Assessments of $31 Million, $2.9 Million

Online travel companies Expedia, Inc. and its subsidiary Hotwire, Inc. are contesting assessments by the city and county of San Francisco for unpaid hotel occupancy taxes, interest, and penalties totaling $31.3 million for Expedia and $2.9 million in back transient occupancy taxes (TOTs), interest, and penalties for Hotwire in virtually identical lawsuits filed May 11.  Subscribers read more ...

Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Injury from Infringing Website Felt Where Posted, Not Where Copyright Holder Resides

Any injury from copyright infringement an Oregon-based nonprofit may have committed when it posted complete copies of literary works on its website was felt at the point of posting, not in New York where a publisher claiming infringement was located, the U.S. District Court for the Southern District of New York held April 21.  Penguin Group (USA), Inc. v. American Buddha, 2009 ILRWeb (P&F) 1703.  Subscribers read more ...

Other Jurisdiction & Procedure news: 
 
·  Use of Trademark in Pay-Per-Click Ads, Web Address Purposefully Availed Visitors' Forum
·  Forum Terms in Domain Transfer Held Enforceable
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Virus Search Consent Does Not Extend to Images

Police officers who obtained a defendant's consent to search his computer for viruses and other evidence of bank fraud violated the Fourth Amendment by searching for child pornography in image files on the defendant's computer, the Illinois Appellate Court, Second District held April 21.  People of Illinois v. Prinzing, 2009 ILRWeb (P&F) 1709.  Subscribers read more ...

Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  American Automobile Association, Inc. v. Darba Enterprises, Inc., 2009 ILRWeb (P&F) 1653 [ND Cal] (Using trademark in a domain name, on a website, and in pay-per-click ads such that California residents were lured to the site constitutes purposeful availment of that forum)
·  Citizens for Responsibility and Ethics in Washington v. Office of Administration, 2009 ILRWeb (P&F) 1847 [DC Cir] (FOIA request regarding missing White House e-mails dismissed because EOP's Office of Administration is not an "agency" under FOIA)
·  craigslist, Inc. v. McMaster (Consent Order), 2009 ILRWeb (P&F) 1863 [D SC] (South Carolina agrees to refrain from pursuing any action against craigslist until the court rules on the merits of craigslist's claims)
·  Dental Health Products, Inc. v. Ringo, 2009 ILRWeb (P&F) 1711 [ED Wis] (Alleged lost profits caused by an employee's misappropriation of proprietary data did not support a claim brought by the employer under CFAA that requires a showing of "damage")
·  Ex parte Catlin, 2009 ILRWeb (P&F) 1339 [BPAI] (Patent board clarifies definiteness standard for computer-implemented claim functions)
·  Facebook, Inc. v. Power Ventures, Inc., 2009 ILRWeb (P&F) 1819 [ND Cal] (Violating Facebook TOS to access user data actionable as copyright infringement)
·  Flexible Benefits Council v. Feltman, 2009 ILRWeb (P&F) 1851 [ED Va] (Defendants' considered decision to register a domain name confusingly similar to plaintiff's, with the intent to harm plaintiff's good will and divert its profits, warrants a statutory damages award of $50,000)
·  Fulham Football Club (1987) Ltd. v. Domains by Proxy, Inc., 2009 ILRWeb (P&F) 1849 [WIPO] (Multiple complainants holding different trademarks may have their complaints consolidated into a single UDRP proceeding)
·  Illinois, People of v. Prinzing, 2009 ILRWeb (P&F) 1709 [Ill App Ct] (Police officers who obtained a defendant's consent to search his computer for viruses violated the Fourth Amendment by also searching for child pornography)
·  IP-Enabled Services, In re (Report and Order), 2009 ILRWeb (P&F) 1857 [FCC] (FCC requires VoIP providers to notify consumers of plans to discontinue service)
·  L'Oréal v. eBay France, 2009 ILRWeb (P&F) 1827 [TGI Paris (France)] (eBay not liable to trademark holders for counterfeit goods sold on site)
·  L'Oréal S.A. v. eBay International AG, 2009 ILRWeb (P&F) 1865 [High Ct Just, Ch Div (UK)] (eBay Europe not liable for trademark infringements committed by its users)
·  New Hampshire Bar Association Ethics Committee Opinion 2008-2009/4, 2009 ILRWeb (P&F) 1707 [NH Bar Ass'n] (New Hampshire lawyers may not mine metadata in e-documents from opposition)
·  New York, People of v. Weaver, 2009 ILRWeb (P&F) 1853 [NY] (Police use of GPS tracking infringes privacy, warrant is required)
·  Novak v. Tucows, Inc. (Summary Order), 2009 ILRWeb (P&F) 1861 [2d Cir] (Forum-selection clause contained in a domain name transfer agreement, which a domain name owner clicked to accept, was reasonably communicated and enforceable)
·  Penguin Group (USA), Inc. v. American Buddha, 2009 ILRWeb (P&F) 1703 [SD NY] (Injury from infringing website felt where posted, not where copyright holder resides)
·  Perfect 10, Inc. v. Amazon.com, Inc., 27 ILR (P&F) 294 [CD Cal] (Subsidiary falls within DMCA safe harbor where copyright holder sent notices of infringement to parent)
·  Schwartz v. Virtucom, Inc., 2009 ILRWeb (P&F) 1859 [Minn Ct App] (Company could not shield from potential liability an Internet domain name it obtained from its predecessor company, because the predecessor fraudulently sought to escape liability by transferring its assets to the successor)
·  Solid Host, NL v. NameCheap, Inc., 2009 ILRWeb (P&F) 1867 [CD Cal] (ACPA contributory liability claim against Whois proxy service will proceed to merits)
·  Texas International Property Associates v. Hoerbiger Holding AG, 2009 ILRWeb (P&F) 1845 [ND Tex] (Plaintiff's bad faith registration and use of domain name violates ACPA)
·  United States v. American Society of Composers, Authors and Publishers, 2009 ILRWeb (P&F) 1855 [SD NY] (Court sets interim fees for a blanket license for the public performance of musical compositions on YouTube; $1.4 million for 2005-2008, and $70,000 per month starting Jan. 1, 2009)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Barnes v. Yahoo! Inc. (Appellee Yahoo! Inc.'s Petition for Rehearing), 2009 ILRWeb (P&F) 1822 [9th Cir] (Yahoo seeks rehearing of that part of the panel's opinion, which concluded that 47 USC §230 provides an affirmative defense that must be asserted by "responsive pleading" and cannot justify dismissal under Rule 12(b)(6))
·  Barnes v. Yahoo! Inc. (Appellant Barnes's Petition for Rehearing), 2009 ILRWeb (P&F) 1824 [9th Cir] (Appellant argues that the Ninth Circuit erred in concluding that Yahoo's promise to remove content applied only to breach of contract claims and remedies, but not to claims or remedies in tort)
·  Barnes v. Yahoo! Inc. (Amici Curiae Brief of Public Citizen, et al. in Support of Yahoo's Petition for Rehearing), 2009 ILRWeb (P&F) 1826 [9th Cir] (Amici urge Ninth Circuit to modify its opinion to allow defenses under CDA to be raised on a motion to dismiss, and to clarify that section 230(c)(1) does not limit only state law claims)
·  Bronster v. AOL, LLC (Class Action Complaint), 2009 ILRWeb (P&F) 1816 [CD Cal] (Class argues embedded AOL e-mail ads violate ECPA)
·  craigslist, Inc. v. McMaster (Complaint), 2009 ILRWeb (P&F) 1814 [D SC] (Craigslist seeks injunction against litigation threats from South Carolina attorney general)
·  Franks v. Metropolitan Board of Public Education (Complaint), 2009 ILRWeb (P&F) 1818 [MD Tenn] (ACLU alleges that Tennessee schools unconstitutionally block students from accessing online information about lesbian, gay, bisexual, and transgender issues)
·  RealNetworks, Inc. v. DVD Copy Control Association, Inc. (Plaintiffs' Answer and Counterclaims to the Counterclaims of the DVD Copy Control Association, Inc.), 2009 ILRWeb (P&F) 1820 [ND Cal] (RealNetworks alleges unlawful content industry deal to authorize use of their copyrighted content)
 
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 – Rep. Rick Boucher (D-VA), and Acting FCC Chairman Michael J. Copps to Keynote
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), Acting FCC Chair Michael J. Copps, Mark Seifert, Senior Advisor at the National Telecommunications and Information Administration, Department of Commerce & Grant Seiffert, President of the Telecommunications Industry Association. View the Summit program. 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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