Broadband Policy Summit V

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, Acting FCC Chair Michael J. Copps, NTIA Senior Advisor Mark Seifert, and TIA President Grant Seiffert.  View the Summit program.  Learn More.  Register Now.  One-day registration now available.

Latest News 
 
INTELLECTUAL PROPERTY
 
For Trademark Owners, gTLD Worries Rank Among Reasons to Extend ICANN Oversight

In comments filed with the National Telecommunications and Information Administration June 8, trademark owners urged the government to retain control over the Internet Corporation for Assigned Names and Numbers until ICANN improves the trademark-owner protections in its plan to create new top-level domains.  Subscribers read more ...

Other Intellectual Property news: 
 
·  British ISPs May Be Forced to Block Sites of Alleged P2P Infringers Under New Rules
·  Evidentiary Rulings in P2P File-Sharing Infringement Lawsuit Set Tone for Retrial
·  French Constitutional Council Defangs Controversial 'Three-Strikes' Piracy Law
·  House Passes Webcaster Settlement Bill Under Suspension of Rules
·  Parked Domain Incorporating Trademark, Serving Similar Links Held Likely to Confuse
·  Facebook Gives Mark Owners Option to Block Squatters Before June 13 Vanity URLs Launch
·  Music Piracy, Pirate Party Election Highlighted at World Copyright Summit
·  EU Member States Reject Demands to Require Court Order to Cut Off Internet
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
EU Says U.S. Laws Against Foreign Online Gambling Companies Violate WTO Rules

Legislation approved in the United States in 2006 that barred foreign companies from operating online gambling operations in U.S. territory violated World Trade Organization rules relating to the trade in services, the European Commission stated in a report released on June 10.  Subscribers read more ...

Other Internet Commerce news: 
 
·  EU Regulator Rejects Microsoft's Browser-Free Operating System Offer
·  BITS Releases E-Mail Authentication Best Practices
·  Senate Subcommittee Explores Rates, Competition in Text Messaging Sector
 
Subscribers may search ILR's Internet Commerce database

TELECOMMUNICATIONS 
 
Committee Weighs Genachowski, McDowell to Serve at Commission

The Senate Commerce, Science, and Transportation Committee June 16 heard the views of Julius Genachowski and Robert McDowell on various communications issues, including net neutrality, media ownership, broadband policy, indecent programming, and process reforms.  Subscribers read more ...

Other Telecommunications news: 
 
·  GAO Outlines Broadband Efforts, Recommends Performance Goals
·  USF Contribution Factor May Hit Record High Level in Third Quarter
·  NPSTC Teams with Government to Develop Public Safety Network
·  Public Interest Groups Pressing for Answers from FCC Nominees
·  EU Telecom Operators Attack New Broadband Investment Guidelines
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Lawmakers to Examine Online Advertising in Effort to Develop Consumer Privacy Bill

Members of the House Energy and Commerce Committee have announced plans to examine privacy concerns surrounding online advertising at a June 18 hearing that is expected to help lay the groundwork for legislative efforts.  Subscribers read more ...

Other Privacy & Security news: 
 
·  U.K.'s ICO Seeks Input on Drafting Code of Practice Covering Online Personal Data
·  'Next Generation' Protections Said Needed Along with Push for More Electronic Records
·  Federal Court Expands Injunction Protecting Online SSN Postings, Despite Virginia Statute
·  Power of Aggregation Erodes Distinction Between Identifiable, Non-Identifiable Data
·  Obama Could Appoint Cyber Coordinator in Coming Weeks, Administration Official Says
·  U.K. Issues Privacy Notices Code of Practice to Promote Transparent Use of Information
·  CNIL Says Google Friends Location Service Subject to French Law, OKs Privacy Plan
·  Attorneys, FTC Discuss Proposed Settlement Involving Software Tracking of Online Activity
·  DHS Privacy Office to Host Government 2.0 Privacy, Best Practices Workshop June 22-23
·  Additional Comments on FTC E-Records Breach Notice Rule Urge Broad Coverage
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Georgia Supreme Court Rules Online Travel Firm Facilitation Fee Subject to Hotel Tax

The Georgia Supreme Court ruled June 15 that online travel companies, by virtue of their arrangements with hotels, are required to collect and remit hotel occupancy taxes, and the basis for those taxes is the full price paid by the consumer, and not the wholesale rate OTCs negotiate with hotels.  Expedia, Inc. v. City of Columbus, 2009 ILRWeb (P&F) 2045.  Subscribers read more ...

Other Taxation news: 
 
·  Group Says Federal Exemption for OTCs Would Cost Cities, States $1 Billion a Year
·  Certain Computer Software Subject to Sales Taxes
·  Nevada Further Conforms to SSUTA, Adds Definitions for Digital Products
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Site Where Company 'Clearly Did Business' Gave General Jurisdiction, Despite Low Profit

A company that allegedly infringed 1-800 Contacts trademarks by purchasing them as keyword advertising triggers could be properly sued in Utah because it clearly conducted business online, the U.S. District Court for the District of Utah ruled June 4.  1-800-Contacts, Inc. v. Memorial Eye, PA, 2009 ILRWeb (P&F) 2039.  Subscribers read more ...

Other Jurisdiction & Procedure news: 
 
·  Knowledge of Purchaser's Forum Not Enough for Jurisdiction Over eBay Seller
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Bogus Charitable Website, PayPal Accounts Supported Conviction of Hurricane Scammers

Evidence that two defendants launched a website purporting to represent the Salvation Army and set up PayPal accounts to receive donations after Hurricane Katrina was sufficient for a jury to convict them of wire fraud and aggravated identity theft, the U.S. Court of Appeals for the Fifth Circuit held June 10.  United States v. Stephens, 2009 ILRWeb (P&F) 2033.  Subscribers read more ...

Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  AFL Philadelphia LLC v. Krause, 2009 ILRWeb (P&F) 2023 [ED Pa] (Counterclaims for false designation of origin and for misappropriation of name—stemming from an e-mail that appeared to have been sent by counter-plaintiff—withstand motion to dismiss)
·  Ayrault, In re (Loi favorisant la diffusion et la protection de la création sur internet), 2009 ILRWeb (P&F) 2027 [Conseil Constitutionnel (France)] (French Constitutional Council rejects key parts of "three-strikes-and-you're-out" law that would have empowered government to cut off Internet access of illegal downloaders)
·  Brave New Films 501(c)(4) v. Weiner, 2009 ILRWeb (P&F) 2035 [ND Cal] (Factual issues preclude entry of summary adjudication in dispute triggered by DMCA takedown notice)
·  Capitol Records, Inc. v. Alaujan (Order Re: Defendant's Motion to Dismiss), 2009 ILRWeb (P&F) 2047 [D Mass] (Motion to dismiss P2P infringement action—on grounds that the Copyright Act's private right of action amounts to an unconstitutional delegation of prosecutorial functions—is denied)
·  Capitol Records, Inc. v. Thomas-Rasset, 2009 ILRWeb (P&F) 2049 [D Minn] (Evidentiary rulings in P2P file-sharing infringement lawsuit set tone for retrial)
·  Cole v. Zavaris, 2009 ILRWeb (P&F) 2043 [D Colo] (E-mails soliciting minor to engage in sexual acts is not speech protected by the First Amendment)
·  Conservatorship and Guardianship of CPR, In re, 2009 ILRWeb (P&F) 2037 [Wyo] (District court abused its discretion when it admitted certain printouts from the Internet, but the error was harmless)
·  Expedia, Inc. v. City of Columbus, 2009 ILRWeb (P&F) 2045 [Ga] (Online travel companies, by virtue of their arrangements with hotels, are required to collect and remit hotel occupancy taxes, and the basis for those taxes is the full price paid by the consumer, and not the wholesale rate OTCs negotiate with hotels)
·  Jamster Marketing Litigation, In re, 2009 ILRWeb (P&F) 1903 [SD Cal] (Court dismisses antitrust claims in class action arising from allegedly deceptive advertising about "free" ringtones)
·  Loud Records LLC v. Minervini, 2009 ILRWeb (P&F) 2041 [WD Wis] (Record companies did not violate Family Educational Rights and Privacy Act or Computer Fraud and Abuse Act in learning identity of university student who used P2P software)
·  New York, City of v. Smokes-Spirits.com, Inc., 2009 ILRWeb (P&F) 2025 [NY] (City of New York does not have standing to assert a claim against Internet vendors for lost cigarette tax revenue, nor may the City assert a common law public nuisance claim predicated on the Public Health Law)
·  1-800-Contacts, Inc. v. Memorial Eye, PA, 2009 ILRWeb (P&F) 2039 [D Utah] (Court may exercise personal jurisdiction over Internet vendor of contact lenses)
·  Ostergren v. McDonnell, 2009 ILRWeb (P&F) 2031 [ED Va] (Virginia may not prosecute a self-proclaimed privacy advocate for continuing to post on her website certain Social Security numbers that she obtained from publicly available online land records)
·  Philip Morris USA, Inc. v. King Mountain Tobacco Co., 2009 ILRWeb (P&F) 2029 [9th Cir] (Tribal Court does not have colorable jurisdiction over nonmember's federal and state claims for trademark infringement on the Internet and beyond the reservation)
·  Productive People, LLC v. Ives Design, 2009 ILRWeb (P&F) 1901 [D Ariz] (Parked domain name incorporating a trademarked term in its address and serving links to related services on its corresponding site likely confuses consumers in violation of the Lanham Act)
·  Robey v. Hinners, 2009 ILRWeb (P&F) 1905 [Ky Ct App] (Missouri eBay vendor who accepted a purchaser's application for a Kentucky car title is not, on that basis alone, subject to Kentucky jurisdiction if that car later proves defective)
·  United States v. Stephens, 2009 ILRWeb (P&F) 2033 [5th Cir] (Evidence of fraudulent website soliciting donations for hurricane relief efforts supported convictions for aggravated identity theft, aiding and abetting wire fraud, and conspiracy to commit identity theft and wire fraud)
·  Verizon North, Inc. v. Combs, 2009 ILRWeb (P&F) 1907 [Tex Ct App] (Appeals court affirmed a ruling that held that certain computer software purchased by Verizon North was taxable personal property)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Soaring Helmet Corp. v. Bill Me, Inc. (Complaint), 2009 ILRWeb (P&F) 2006 [WD Wash] (Lawsuit contesting use of trademarked term as Google AdWord)
·  Warshak v. United States (Brief of Amici Curiae Electronic Frontier Foundation, et al. Supporting the Appellant), 2009 ILRWeb (P&F) 2004 [6th Cir] (Amici urge court to hold that government's seizure of e-mail without a warrant violated the Fourth Amendment and federal privacy statutes, as well as the Justice Department's surveillance manual)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

VoIP in the Business World: Market Forecast and Analysis, 2nd Edition – New!
This report compares the business-class VoIP offers from six carriers, detailing both the services for large enterprises and SMBs. We then project the market opportunity out to 2013, forecasting both numbers of business-class VoIP lines and resulting revenues. We predict that AT&T, Verizon and Qwest will capture the biggest share of large enterprises as VoIP customers, but will face competition in the SMB space from a variety of new entrants. Fourteen tables and charts are included.  Learn More  Order Now

Consumer IPTV Outlook 2009 – New!
IPTV as a broad consumer solution is at a very early and arguably primitive stage in its development. Standards need to be developed, interoperability addressed and capital costs investigated. Dense urban areas or regions with an established fiber footprint will experience an earlier deployment--perhaps in the three-to-five-year range. In the meantime, a number of over-the-top video providers will latch onto available broadband networks with proprietary solutions that will promise to be "disruptive" to both legacy and IPTV offerings. However, P&F contends that proprietary solutions risk eventual obsolescence or buyout as fiber network and IPTV deployments manifest on a widespread scale. This report provides an outlook on the network buildouts, customer demand and opportunities in the IPTV-enabled world.  Learn More  Order Now

Events & Conferences 
 

Trademark-Based Keyword Advertising: Potential Liability and Avenues for Relief – New Webinar!
Wednesday, July 22, 2009 | 2:00 – 3:30 p.m. EDT
The debate over the use of others' trademarks to trigger online advertisements is heating up.  A recent ruling held that such use constitutes an actionable "use in commerce"; other cases are pending, including claims against advertisers and search engines, and even class action lawsuits.  At the same time, Google is liberalizing its policy to permit use of third-party trademarks in some text ads.  Join Pike & Fischer for an interactive Webinar featuring legal experts from Google, Santa Clara Law School, and Wilson Sonsini Goodrich & Rosati as they clarify common misconceptions about keyword advertising, examine the implications of third-party trademark use, and offer guidance for brand owners, marketers, resellers, and website operators.  Learn More  Order 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

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