Latest Cases 
 
·  Ascentive, LLC v. Google, Inc. (Notice of Voluntary Dismissal Without Prejudice), 2009 ILRWeb (P&F) 2309 [ED Pa] (Plaintiff voluntarily dismisses keyword advertising suit against Google)
·  BI3 v. Hamor, 2009 ILRWeb (P&F) 2283 [ND Ill] (Company director who allegedly accessed communications intended for an employee on a corporate management platform may have done so wrongfully, but did not do so "without authorization" as required for a successful claim under the Stored Wire and Electronic Communications Act)
·  Capitol Records, Inc. v. Alaujan (Electronic Order Granting Motion for Partial Summary Judgment on Defendant's Fair Use Defense), 2009 ILRWeb (P&F) 2277 [D Mass] (P2P user fails to meet burden of showing that his file-sharing was a fair use)
·  Capitol Records, Inc. v. Alaujan (Electronic Order with Respect to Reconsideration of Rule 50 Motion), 2009 ILRWeb (P&F) 2305 [D Mass] (Given P2P user's admission of liability, court grants record company's Rule 50 motion with respect to infringement)
·  CRTC Broadcasting Order 2009-452, 2009 ILRWeb (P&F) 2297 [CRTC] (CRTC asks Federal Court of Appeal to determine whether ISPs should be considered "broadcasting undertakings" that are subject to the Broadcasting Act when they provide access to end users to broadcasting content via the Internet)
·  Czech v. Wall Street on Demand, Inc., 2009 ILRWeb (P&F) 2281 [D Minn] (CFAA's requisite $5,000 loss can be an aggregate loss incurred by multiple users on multiple computers; court nonetheless dismissed the plaintiff's CFAA claims)
·  Fink v. Time Warner Cable, 2009 ILRWeb (P&F) 2301 [SD NY] (Plaintiff who claimed that an ISP violated the CFAA by transmitting false packets designed to limit use of file-sharing applications, or "throttling," was required to allege both damage and loss)
·  Fotomedia Technologies, LLC v. AOL, LLC, 2009 ILRWeb (P&F) 2307 [ED Tex] (Claim construction for patents describing a system used for creation and distribution of electronic postcards and other formats of electronic images)
·  Fox v. Hildebrand, 2009 ILRWeb (P&F) 2231 [CD Cal] (DMCA's use of the phrase "including in digital form" to describe copyright management information that cannot be lawfully removed from copyrighted content means that the statute applies to both digital and non-digital copyright notices)
·  International Raelian Movement v. Hashem, 2009 ILRWeb (P&F) 2299 [ED Cal] (Service of process by e-mail to foreign defendant is acceptable when all other means have been exhausted, but must be prior approved by court)
·  IP-Enabled Services, et al. (Final Rule; Extension of Waiver), 2009 ILRWeb (P&F) 2285 [FCC] (Commission extends the limited waiver of the requirement that TRS providers must automatically and immediately call an appropriate PSAP when receiving an emergency 711-dialed call placed by an interconnected VoIP user)
·  KCH Services, Inc. v. Vanaire, Inc., 2009 ILRWeb (P&F) 2311 [WD Ky] (A company that received a telephone call from a software company regarding potential unauthorized use had notice of a potential lawsuit, and thus had a duty to preserve relevant evidence)
·  Mainstream Media, EC v. Riven, 2009 ILRWeb (P&F) 2315 [ND Cal] (UK resident who had a number of superficial interactions with California-based online companies could not be sued in California for his alleged conversion of a domain name)
·  Nintendo of America, Inc. v. Chan, 2009 ILRWeb (P&F) 2293 [CD Cal] (Nintendo likely to succeed in showing that defendants' importation, marketing, and sale of Game Copiers infringes its intellectual property rights and violates the DMCA)
·  Patchett v. Swimming Pool & Allied Trades Association Ltd., 2009 ILRWeb (P&F) 2295 [UK Sup Ct Jud] (Website statements create no duty of care when visitors are urged to seek additional info)
·  Potts v. Septic Heater Co., 2009 ILRWeb (P&F) 2313 [D Conn] (Maintenance of a passive website accessible in but not directed to Connecticut, paired with one sale to a Connecticut resident, will not support personal jurisdiction)
·  Sutherland Institute v. Continuative LLC, 2009 ILRWeb (P&F) 2287 [WIPO] (Respondent may use complainant's mark in a domain name for a non-commercial parody site)
·  United States v. Nichols, 2009 ILRWeb (P&F) 2291 [8th Cir] (Use of digital camera and computer that were manufactured out-of-state provides sufficient jurisdictional nexus to include the production of child pornography under the Commerce Clause)
·  United States v. Smith, 2009 ILRWeb (P&F) 2289 [8th Cir] (Conviction of businessman who sold prescription drugs over the Internet without valid prescriptions is affirmed, but the case is remanded for resentencing)
·  Virgin Records America, Inc. v. Bagan, 2009 ILRWeb (P&F) 2317 [D NJ] (P2P user who failed to appear or answer a copyright infringement lawsuit after he was properly served must pay $6,000 in statutory damages)
·  Vurv Technology LLC v. Kenexa Corp., 2009 ILRWeb (P&F) 2303 [ND Ga] (Employees who copied proprietary information stored on company-issued computers and gave it to a competitor did not access the data "without authorization" during employment, but their authorization terminated after their last day at work)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Horizon Group Management, LLC v. Bonnen (Verified Complaint), 2009 ILRWeb (P&F) 2216 [Ill Cir Ct] (Twitter user sued over allegedly defamatory tweet)
·  Jackson v. Pearl Public School District (First Amended Complaint), 2009 ILRWeb (P&F) 2018 [SD Miss] (Cheerleader alleges school officials violated her constitutional rights when teacher demanded access to her Facebook account and sent derogatory comments purportedly from her)
·  National Dealers Warranty, Inc. v. Guardian Web Co. (Complaint), 2009 ILRWeb (P&F) 2218 [ED Mo] (Plaintiff files Lanham Act and trademark infringement action against competitor who allegedly uses plaintiff's mark in Internet advertising)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Bandwidth Optimization and Expansion Market and Technology Assessment – New!
Contributing analyst Patti Reali provides a forward-looking overview of the key issues related to the most high-profile of the bandwidth expansion and optimization technologies in use or under evaluation by U.S. cable MSOs.  Learn More  Order Now

Cable Commercial Services Strategies: Analysis and Revenue Forecast, 2nd Edition – New!
Includes updated cable commercial services revenue forecasts and an overview of the commercial services strategies of the leading operators. Chief Analyst Tim McElgunn also analyzes the cable operators' existing and emerging capabilities and details the critical success factors in targeting the SMB opportunity.  Learn More  Order Now

CenturyLink in the Broadband Big Leagues: Analysis and Forecast
CenturyTel's Embarq acquisition creates the fourth largest incumbent local exchange carrier in the country. Learn more about our detailed conclusions and our forecasts for CenturyLink's future customer growth in this new report.  Learn More  Order Now

Consumer IPTV Outlook 2009
Proprietary solutions risk eventual obsolescence or buyout as fiber network and IPTV deployments manifest on a widespread scale. In this new report, Senior Analyst Tim Deal provides an outlook on the network buildouts, customer demand and opportunities in the IPTV-enabled world.  Learn More  Order Now

Events & Conferences 
 

Here Be Dragons: Bringing Broadband to the Unserved – A P&F Broadband Policy Summit Webinar Series
Wednesday, September 9, 2009 | 2:00 – 3:30 p.m. EDT
When navigators of the Age of Exploration mapped unexplored and unknown lands, they signified the limits of their reach with the notation, "Here Be Dragons." Today's broadband maps share this "end of the world" feeling; despite virtually universal acceptance of the concept that broadband connectivity is essential to full participation and success in the modern world, broadband service remains a phantom for tribal lands, rural communities, and inner-city neighborhoods. Join experts from the tribal, rural, and inner-city sectors to explore the potential benefits--for citizens, the telecommunications industry, and the nation--of full inclusion through broadband deployment to unserved areas, and the likely consequences of further inaction.  Learn More  Register Now


Trademark-Based Keyword Advertising: Potential Liability and Avenues for Relief – Order a Recording
Order a recording of our interactive Webinar featuring legal experts from Google, Santa Clara Law School, Marriott International, and Wilson Sonsini Goodrich & Rosati, who clarified common misconceptions about keyword advertising, examined the implications of third-party trademark use, and offered guidance for brand owners, marketers, resellers, and website operators.  Learn More  Order Now

Join the Broadband Policy Summit on LinkedIn
Participate in Summit conversations all year long and stay tuned about BPS VI by joining our new Group on LinkedIn.  Join now.

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