Latest News 
 
INTELLECTUAL PROPERTY
 
Webcasting Service Not an Interactive Service Within Meaning of DMCA

A webcasting service called LAUNCHcast, which provides users with individualized Internet radio stations, is not an interactive service within the meaning of 17 USC §114(j)(7), the Second Circuit ruled Aug. 21.  Arista Records, Inc. v. Launch Media, Inc., 2009 ILRWeb (P&F) 2451.  Subscribers read more ...

Other Intellectual Property news: 
 
·  European Commission Will Craft New Rules for Copyrighted Content Online Distribution
·  Mexican Rights Owner Allowed In Rem Action Over U.S.-Registered Domain Name
·  AOL Alleges That 'Advertise,' 'Advertising' Are Confusingly Similar
·  Copyright Office Publishes Notice of Webcaster Royalty Agreements
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Public Comments Sought on Lapsing Domain Policies

The current policies governing expired and expiring domain names—the notice that is provided to registrants, the ease with which names can be re-registered, and so on—are under review, and the Internet Corporation for Assigned Names and Numbers is seeking the public's input, an ICANN group announced Aug. 20.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Negligence Claims Arising from Unredacted Online Case Filings Fail for Lack of Damage
·  FTC Reschedules Online Journalism Workshop
·  Notice of Electronic Terms Required Before Employment Will Be Considered Acceptance
·  Spam Watchdog Network Seeks Assistance of Banks, ACH Vendors to Identify Hackers
·  FTC Persuades District Court to Halt 'Free Money' Grant Scammers
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Naked Assertions of Conspiracy Do Not Override Website Operator's CDA Immunity

Simply claiming that a website operator was conspiring with web commenters to post defamatory comments does not overcome the immunity otherwise applicable to the operator under the Communications Decency Act, the U.S. District Court for the Eastern District of Missouri held Aug. 18.  Cornelius v. DeLuca, 2009 ILRWeb (P&F) 2447.  Subscribers read more ...

Other Freedom of Speech news: 
 
·  Model's Claim Not Necessarily Barred by SOL Under Single-Publication Rule
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Apple Tells FCC Google Voice for iPhone App Not Yet Approved Due to 'Experience' Worries

Apple is studying—but has not approved—Google's proposal for a Voice software application for the iPhone because it appears to alter the unique iPhone user experience, AT&T and Apple told the Federal Communications Commission in comments submitted Aug. 21.  Subscribers read more ...

Other Telecommunications news: 
 
·  FCC's Genachowski Driven by Benefits That Broadband Can Bring to United States
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Swiss Government Gives Google Time to Address Street View Privacy Concerns

The Swiss government Aug. 25 agreed to give Internet search engine giant Google additional time to clarify how it intends to beef up privacy protection for its "Street View" mapping service and avoid a ban in Switzerland.  Subscribers read more ...

Other Privacy & Security news: 
 
New Analysis & Perspective: Onward Transfers of Personal Data Under the U.S. Safe Harbor Framework, by Christopher Kuner, Hunton & Williams LLP, Brussels
New Analysis & Perspective: Workplace Video Surveillance: New Guidance from the California Supreme Court, by Anna Ferrari and Christine Lyon, Morrison & Foerster LLP, Palo Alto, CA
·  Amended Utah Sex Offender Registry Statute Survives First, Fourth Amendment Challenges
·  HHS Issues Interim Final Rule Regarding Breach Notification, Encryption Guidance
·  Radisson Hotel Chain Says Hackers Gained Access to Guest Data Records
·  As FTC Considers Red Flags Rule, Health Entities Must Prepare, Attorneys Say
·  Electronic Health Records Face Barriers Due to State Law Differences, Liability Fears
·  Privacy Promises, Corporate Disarray Lead Court to Enjoin Transfer of CLEAR User Data
·  French Data Protection Authority Issues Guidelines on Pre-Trial Discovery
·  Attorneys Analyze Amended Massachusetts Regulation, Say Standard Has National Reach
·  Wiretap Sealing Requirement Doesn't Apply to Collected Data on Calls' Time, Origination
·  State CIOs Can Have Significant Impact on Health Information Exchanges, Study Says
·  Risk of Harm Notification Threshold Is Helpful Provision in HHS Breach Rule, Attorneys Say
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Committee Nominates Officers, Directors for Streamlined Sales Tax Governing Board

The nominating committee of the Streamlined Sales Tax Governing Board, Inc. Aug. 20 recommended officers and directors of the organization for the coming year.  The nominations now go to the governing board for approval at its Sept. 29-30 annual meeting in Oklahoma City.  Subscribers read more ...

Other Taxation news: 
 
·  Ninth Circuit Amends Hotels.com Ruling
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Sale of Alleged Infringing Clip Art Through eBay Was No Basis for California Jurisdiction

A Washington-based company that sold allegedly infringing clip art through eBay lacked sufficient contacts in California to be sued there in a copyright infringement lawsuit, the U.S. District Court for the Central District of California held Aug. 12.  Imageline, Inc. v. Hendricks, 2009 ILRWeb (P&F) 2465.  Subscribers read more ...

Other Jurisdiction & Procedure news: 
 
·  Whois Record Admissible on Website Control, Not Ownership
·  Failure to Stop Deletion of E-Mails Related to CFAA Case Was 'Baffling,' but Not in Bad Faith
·  Copying Watermarked Images from Website Specifying Location Is Purposeful Availment
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
New Illinois Law Makes Social Networks Off Limits for Supervised Sex Offenders

A bill signed into law by Illinois Gov. Pat Quinn Aug. 11 prohibits convicted sex offenders who are on probation, parole, or supervised release from accessing or using social networking websites.  The new law (Public Act No. 96-262) defines "social networking websites" to include services on which users post profiles containing personal information and links to profiles of friends or associates.  Subscribers read more ...

Other Criminal Liability news: 
 
·  Recordbreaking Identity Theft Case Raises Stakes for U.S. Firms, Experts Say
·  Twin Convictions for Possession, Receipt of Porn from Two Downloads Not Duplicative
 
Subscribers may search ILR's Criminal Liability database

Latest Cases 
 
·  Amendment of Part 15 Regarding New Requirements and Measurement Guidelines for Access Broadband over Power Line Systems (Request for Further Comment and Further Notice of Proposed Rule Making), 2009 ILRWeb (P&F) 2365 [FCC] (FCC addresses certain issues from the Report and Order on rules for broadband over power line systems that was remanded by the D.C. Circuit)
·  Amnesty International USA v. McConnell, 2009 ILRWeb (P&F) 2467 [SD NY] (Plaintiffs lack standing to bring facial constitutional challenge to FISA Amendments Act)
·  AOL LLC v. Iowa Department of Revenue, 2009 ILRWeb (P&F) 2473 [Iowa] (Iowa may not impose sales tax on Internet services provided by AOL)
·  Arista Records, Inc. v. Launch Media, Inc., 2009 ILRWeb (P&F) 2451 [2d Cir] (Webcasting service not an interactive service within the meaning of DMCA §114(j)(7))
·  Breach Notification for Unsecured Protected Health Information (Interim Final Rule with Request for Comments), 2009 ILRWeb (P&F) 2461 [HHS] (HHS releases interim rule governing privacy breach notifications under HIPAA)
·  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)
·  Citigroup, Inc. v. CITIBANK.ORG, 2009 ILRWeb (P&F) 2359 [ED Va] (Default judgment entered in favor of plaintiff with respect to infringing domain name "citybank.org" for violations of ACPA)
·  Corbis Corp. v. Integrity Wealth Management, Inc., 2009 ILRWeb (P&F) 2463 [WD Wash] (Alleged copying and misuse of watermarked images from a website clearly indicating Seattle headquarters supports jurisdiction over an out-of-state infringer in Washington)
·  Cornelius v. DeLuca, 2009 ILRWeb (P&F) 2447 [ED Mo] (Simply claiming that a website operator was conspiring with web commenters to post defamatory comments does not overcome CDA immunity)
·  Cretella v. Kuzminski, 2009 ILRWeb (P&F) 2361 [ED Va] (Jury award in defamation case does not properly reflect distinction between embarrassment caused by original e-mail, which was not at issue, and the more nominal damage caused by the reproduction of the e-mail on a website)
·  Doe v. Shurtleff, 2009 ILRWeb (P&F) 2475 [D Utah] (Amended Utah sex offender registry statute survives First, Fourth Amendment challenges)
·  Federal Trade Commission v. Grant Connect, LLC (Stipulated Preliminary Injunction), 2009 ILRWeb (P&F) 2455 [D Nev] (Court shuts down websites promising consumers help in acquiring "free money" through government grant programs)
·  Health Breach Notification Rule (Final Rule), 2009 ILRWeb (P&F) 2469 [FTC] (Web-based entities that collect personal health records must notify consumers when the security of their individually identifiable health information has been breached)
·  Imageline, Inc. v. Hendricks, 2009 ILRWeb (P&F) 2465 [CD Cal] (Washington-based company that sold allegedly infringing clip art through eBay lacked sufficient contacts in California to be sued there)
·  Kerr v. Dillard Store Services, Inc., 2009 ILRWeb (P&F) 2449 [D Kan] (Arbitration agreement displayed on a company's intranet log-on system does not itself establish that an employee agreed to its terms, even if it purports to condition continued employment on agreement)
·  Killian v. Green Tree Servicing, LLC, 2009 ILRWeb (P&F) 2355 [Bankr D SC] (Lending company had a duty to redact sensitive information from mortgage documents filed in connection with bankruptcy proceedings, but negligence claims arising from the posting failed for lack of damages)
·  Koenig v. ALL.COM, 2009 ILRWeb (P&F) 2363 [ED Va] (Plaintiff who owns Mexican trademark rights in the "all.com" term and is actively using that term there may sue the later-registered all.com domain name in rem in the United States, even if he does not own U.S. rights to the mark)
·  Nordica S.p.A. v. Icon Health & Fitness, Inc., 2009 ILRWeb (P&F) 2445 [D NH] (Whois reports may be admitted as evidence of website control, but they will not establish that a named registrant owns the website at issue)
·  Oakland, City of v. Hotels.com LP (Amended Opinion), 2009 ILRWeb (P&F) 2457 [9th Cir] (Court makes a minor amendment to its July 16 opinion, but does not change its holding in the case)
·  Perkins v. Verified Identity Pass, Inc., 2009 ILRWeb (P&F) 2453 [SD NY] (Defendant must secure and refrain from selling or otherwise disclosing biometric and other personal information belonging to travelers enrolled in its now-defunct CLEAR registered traveler program)
·  SCO Group, Inc. v. Novell, Inc., 2009 ILRWeb (P&F) 2471 [10th Cir] (Court affirms judgment regarding royalties due Novell under 2003 Sun-SCO Agreement, but reverses entry of summary judgment on ownership of UNIX and UnixWare copyrights, and other claims)
·  Southeastern Mechanical Services, Inc. v. Brody, 2009 ILRWeb (P&F) 2357 [MD Fla] (Company alleging that a former employee violated the CFAA had a duty to preserve e-mail backup tapes relevant to its lawsuit, but its failure to suspend its automatic bi-weekly overwrite was not cause for spoliation sanctions)
·  United States v. Bobb, 2009 ILRWeb (P&F) 2411 [11th Cir] (Possession of illegally downloaded child pornography is necessarily a lesser-included offense of receiving the same; convictions may be made simultaneously for each so long as they relate to separate incidents)
·  United States v. Reed, 2009 ILRWeb (P&F) 2459 [9th Cir] (Information collected by wiretap equipment regarding a telephone call's origination, duration, and time of day is not part of an "intercepted communication" that must be sealed under the federal wiretap law)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Advertise.com, Inc. v. AOL, LLC (Complaint), 2009 ILRWeb (P&F) 2426 [CD Cal] (Plaintiff seeks declaratory judgment that its use of the advertise.com name and trademark does not infringe AOL's rights in advertising.com)
·  AOL LLC v. Advertise.com, Inc. (Complaint), 2009 ILRWeb (P&F) 2422 [ED Va] (AOL, as owner of advertising.com and ad.com domain names, sues advertise.com for trademark infringement and unfair competition)
·  Missouri, State of v. Thrasher (Criminal Complaint), 2009 ILRWeb (P&F) 2428 [Mo Cir Ct] (Woman charged with harassment for placing an ad on craigslist featuring a minor seeking sexual encounters)
·  Oz v. FWM Laboratories, Inc. (Complaint), 2009 ILRWeb (P&F) 2432 [SD NY] (Oprah guest Dr. Oz and Harpo, Inc. sue websites for false product endorsements)
·  Project Honey Pot v. Does (Complaint), 2009 ILRWeb (P&F) 2424 [ED Va] (Spam watchdog group files lawsuit against an unknown number of alleged spammers)
·  United States v. American Society of Composers, Authors and Publishers (Brief for Defendant-Appellant-Cross-Appellee), 2009 ILRWeb (P&F) 2020 [2d Cir] (ASCAP argues that download transmissions are public performances under the Copyright Act)
·  United States v. American Society of Composers, Authors and Publishers (Brief for the United States), 2009 ILRWeb (P&F) 2418 [2d Cir] (Downloading a musical work over the Internet is not a public performance)
·  United States v. American Society of Composers, Authors and Publishers (Brief of Amici Curiae Digital Media Association, et al.), 2009 ILRWeb (P&F) 2420 [2d Cir] (Downloads of musical works are transmissions of copies, not transmissions of performances)
·  United States v. American Society of Composers, Authors and Publishers (Brief for Applicant-Appellee-Cross-Appellant Yahoo! Inc.), 2009 ILRWeb (P&F) 2434 [2d Cir] (Yahoo argues that digital downloads are not "public performances" for purposes of rate proceeding)
·  United States v. American Society of Composers, Authors and Publishers (Brief for Applicant-Appellee-Cross-Appellant RealNetworks, Inc.), 2009 ILRWeb (P&F) 2436 [2d Cir] (RealNetworks argues that ASCAP's appeal should be rejected)
·  United States v. Gonzalez (Indictment), 2009 ILRWeb (P&F) 2430 [D NJ] (Florida man and two unnamed co-conspirators indicted for allegedly hacking into computer networks supporting major U.S. retail and financial organizations and stealing data related to more than 130 million credit and debit cards)
 
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

VoIP in the Business World: Market Forecast and Analysis, 2nd Edition
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.  Learn More  Order Now

Events & Conferences 
 

Here Be Dragons: Bringing Broadband to the Unserved – A P&F Broadband Policy Summit Webinar
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