Latest News 
 
INTELLECTUAL PROPERTY
 
RealNetworks Held Liable Under DMCA for DVD Copying Tool; Users' Fair Use Irrelevant

RealNetworks, Inc. violated the Digital Millennium Copyright Act by manufacturing and distributing software designed to circumvent DVD encryption technologies, the U.S. District Court for the Northern District of California ruled Aug. 11.  RealNetworks, Inc. v. DVD Copy Control Association, Inc., 2009 ILRWeb (P&F) 2421.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Later-Added Terms on Copying, Playback Held Enforceable in DVD Unlocking Dispute
·  Court Upholds Willfulness Judgment Against Microsoft, Grants $40M Enhanced Damages
·  Infringement of Android Mark Attaches to Google, but Not Original Incorporators
·  U.S. Trade Representative Claims Victory for United States Over China in WTO Case on Film, Music
·  China 'Regrets,' May Appeal WTO Ruling Against Chinese Audiovisual Restrictions
·  National Writers Union Opposes Settlement of Google Books Dispute
·  Unregistered Versions of Software May Qualify as Derivative, Copyrightable Works
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Domain Tasting All but Ended by Registration Caps, Fees, ICANN Claims

Domain "tasting"—an abusive registration process through which domain names are registered, then quickly dropped if not profitable—has been effectively eliminated, the Internet Corporation for Assigned Names and Numbers announced Aug. 12.  Subscribers read more ...

Other Internet Commerce news: 
 
·  CFAA Defendants' Previous Use of Erasure Program Supported Issuance of Ex Parte TRO
·  Production of E-Mail Printouts, Not Digital Copies, No Basis for Sanctions in Spam Case
·  ABA Resolves to Urge Renewal of IGF Mandate
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
D.C. Appeals Court Adopts Five-Step Inquiry for Unmasking Anonymous Internet Speakers

A defamation plaintiff seeking to identify an anonymous defendant must first submit sufficient evidence to establish a genuine issue of material fact for all claim elements within its control, the District of Columbia Court of Appeals held Aug. 13.  Solers, Inc. v. Doe, 2009 ILRWeb (P&F) 2443.  Subscribers read more ...

Other Freedom of Speech news: 
 
·  Google Ordered to Provide Account Data for 'Skanks of NYC' Blog in Defamation Lawsuit
·  China Backs Off Censorship Mandate but Pushes Anti-Violence, Porn Software
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FCC Talks Broadband Deployment as Public Interest View Said Excluded

The Federal Communications Commission Aug. 12 continued its series of staff-led workshops by debating the hurdles to wireline broadband deployment, at the same time public interest advocates said they were being excluded from the talks.  Subscribers read more ...

Other Telecommunications news: 
 
·  NTIA/RUS Extend Deadline for Submitting Grant Applications
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
FTC Rule: Consumers Must Be Told of Breaches Involving Electronic Health Information

Web-based vendors of personal health records, as well as third party applications, will be required to notify consumers and, in certain circumstances, the media, when a breach of personally-identifiable electronic health information has occurred, according to a final rule issued Aug. 17 by the Federal Trade Commission.  Subscribers read more ...

Other Privacy & Security news: 
 
·  OMB Pledges to Analyze Tracking Technology Comments, Rebuts Potential Misconceptions
·  Broad Maine Child Data Law Effective Soon; Attorneys Warn All Marketers to Prepare
·  Federal Cybersecurity Team Loses Key Leader as US-CERT Director Kwon Takes RSA Post
·  New Hampshire Enacts E-Health Privacy, Health Data Marketing, Breach Notice Laws
·  EFF Urges Services to Protect Location Data Privacy
·  Massachusetts Data Security Rules Amended, Compliance Date Extended Again
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Washington Issues Digital Products Taxation Advisory

Washington's Department of Revenue, in a July 24 excise tax advisory, explained the new sales tax regime for digital products that are transferred electronically, including the sale of digital songs, movies, books, and online games, whether or not the purchaser takes physical possession of the good by downloading it.  Subscribers read more ...

Other Taxation news: 
 
·  West Virginia Posts SSUTA Tax Matrix Documenting Taxable Goods and Services
·  OTCs Seek to Disqualify Lawyers in Hotel Tax Case Over Contingency Fee Arrangement
·  New York Rules Electronic Data Services Taxable
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Passive Websites, Interactive Websites Not Related to Case Did Not Create Jurisdiction

Three informational websites criticizing a Spanish hotels company, created by an Oklahoma resident, could not support the exercise of specific jurisdiction in an Illinois trademark lawsuit, the U.S. District Court for the Northern District of Illinois held July 24.  Occidental Hoteles Management S.L. v. Hargrave Arts LLC, 2009 ILRWeb (P&F) 2343.  Subscribers read more ...

Other Jurisdiction & Procedure news: 
 
·  Party Ordered to Reproduce Documents in Searchable Format and with Metadata
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Alleged Hacker Is Indicted for ID Theft Involving Over 130 Million Card Holders

The Department of Justice Aug. 17 announced the indictment of a Florida man accused of conspiring to hack into computer networks supporting major U.S. retail and financial organizations and stealing data relating to more than 130 million credit and debit cards.  Subscribers read more ...

Subscribers may search ILR's Criminal Liability database

Latest Cases 
 
·  Application of Cohen for an Order to Compel Disclosure from Google, Inc., In re, 2009 ILRWeb (P&F) 2437 [NY Sup Ct] (Petitioner entitled to pre-action disclosure of information as to the identity of an anonymous blogger who posted allegedly defamatory material)
·  China – Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products (Report of the Panel), 2009 ILRWeb (P&F) 2433 [WTO] (Chinese restrictions on the importation and distribution of copyright-intensive products such as theatrical films, DVDs, music, books, and journals are inconsistent with China's WTO obligations)
·  Christoff v. Nestlé USA, Inc., 2009 ILRWeb (P&F) 2439 [Cal] (Single-publication rule applies to a cause of action for unauthorized commercial use of likeness)
·  Con-Way, Inc. v. Conwayracing.com, 2009 ILRWeb (P&F) 2335 [ND Cal] (Default judgment entered against domain name in ACPA in rem proceeding)
·  CRTC Telecom Order 2009-484, 2009 ILRWeb (P&F) 2441 [CRTC] (Commission approves on an interim basis, with one change, Bell Aliant's and Bell Canada's requests to introduce, for Gateway Access Services, two new speed options, usage-based billing rates, and a charge for excessive usage)
·  DVD Copy Control Association, Inc. v. Kaleidescape, Inc., 2009 ILRWeb (P&F) 2429 [Cal Ct App] (Later-added terms on copying, playback held enforceable in DVD unlocking dispute)
·  Easylink Services International, Inc., In re, 2009 ILRWeb (P&F) 2345 [NY Tax App Trib] (Company's sales of various types of electronic messaging services are subject to sales and use tax as telephony and telegraphy services)
·  Ferron v. Echostar Satellite, LLC, 2009 ILRWeb (P&F) 2341 [SD Ohio] (Production of e-mail printouts, not digital copies, no basis for sanctions in spam case)
·  FSP Stallion 1, LLC v. Luce, 2009 ILRWeb (P&F) 2349 [D Nev] (Party ordered to reproduce documents in searchable format and with metadata)
·  i4i, LP v. Microsoft Corp., 2009 ILRWeb (P&F) 2423 [ED Tex] (Court upholds willfulness judgment against Microsoft, grants $40M enhanced damages)
·  Marshall v. State of Indiana, 2009 ILRWeb (P&F) 2339 [Ind Ct App] (MySpace message insufficient basis for conviction for class D felony intimidation)
·  Mirabella Beauty Products, LLC v. Mrs Jello, LLC, 2009 ILRWeb (P&F) 2351 [WIPO] (Generic use of a domain name for paid advertising can represent a legitimate commercial interest in the domain name)
·  Norton Peskett v. Domain Privacy, 2009 ILRWeb (P&F) 2353 [WIPO] (Respondent demonstrated a legitimate interest in the disputed domain name for a gripe site)
·  Occidental Hoteles Management, S.L. v. Hargrave Arts, LLC, 2009 ILRWeb (P&F) 2343 [ND Ill] (Passive websites, interactive websites not related to case did not create jurisdiction)
·  Public Citizen, Inc. v. Louisiana Attorney Disciplinary Board, 2009 ILRWeb (P&F) 2425 [ED La] (Louisiana's proposed rule regarding lawyer advertising on the Internet is unconstitutional)
·  RealNetworks, Inc. v. DVD Copy Control Association, Inc., 2009 ILRWeb (P&F) 2421 [ND Cal] (RealNetworks held liable under DMCA for DVD copying tool; users' fair use irrelevant)
·  SimplexGrinnell LP v. Integrated Systems & Power, Inc., 2009 ILRWeb (P&F) 2347 [SD NY] (Unregistered versions of software may qualify as derivative, copyrightable works)
·  Solers, Inc. v. Doe, 2009 ILRWeb (P&F) 2443 [DC App] (D.C. Appeals Court adopts five-step inquiry for unmasking anonymous Internet speakers)
·  Specht v. Google, Inc., 2009 ILRWeb (P&F) 2427 [ND Ill] (Lanham Act claims challenging Google's use of "Android" mark withstand motion to dismiss)
·  Statera, Inc. v. Henrickson, 2009 ILRWeb (P&F) 2337 [D Colo] (Company whose former employees allegedly copied proprietary information and used corporate computers to form a competing company will likely succeed on its CFAA claims, and is entitled to an ex parte temporary restraining order)
·  Toffler Associates, Inc. v. Hartford Fire Insurance Co., 2009 ILRWeb (P&F) 2431 [ED Pa] (Insurance company had no duty to indemnify for copyright infringement relating to marketing e-mail because e-mail's distribution was not widespread and public, as required for coverage under the Policy)
·  United States v. Daniel, 2009 ILRWeb (P&F) 2435 [7th Cir] (Government's failure to disclose the identity behind two screen names does not entitle defendant to new trial)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Capitol Records, Inc. v. Thomas-Rasset (Plaintiffs' Response in Opposition to Defendant's Motion for a New Trial, Remittitur, and to Alter or Amend the Judgment), 2009 ILRWeb (P&F) 2412 [D Minn] (Record companies argue that the jury's award of statutory damages is constitutional)
·  Capitol Records, Inc. v. Thomas (United States of America's Memorandum in Defense of the Constitutionality of the Statutory Damages Provision of the Copyright Act), 2009 ILRWeb (P&F) 2414 [D Minn] (Application of the Copyright Act's statutory damage provision withstands constitutional scrutiny)
·  Capitol Records, Inc. v. Thomas (Defendant's Opposition to Plaintiff's Motion to Amend Judgment), 2009 ILRWeb (P&F) 2416 [D Minn] (Defendant contests record companies' request for a permanent injunction)
·  Flowbee International, Inc. v. Google, Inc. (Complaint), 2009 ILRWeb (P&F) 2406 [SD Tex] (Lawsuit arising from Google's alleged unauthorized use of plaintiff's trademark as a keyword trigger for online advertisements)
·  Melkonian v. Facebook, Inc. (Complaint), 2009 ILRWeb (P&F) 2408 [Cal Super Ct] (Facebook members assert various violations of California law arising from Facebook's alleged commercial misappropriation of personal information)
·  Slater v. Tagged, Inc. (Complaint), 2009 ILRWeb (P&F) 2410 [ND Cal] (Class action alleging that social networking site harvested e-mail addresses without authorization and sent unsolicited commercial messages that appeared to come from individuals known to the recipients)
 
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.

View all Events & Conferences