Here Be Dragons: Bringing Broadband to the Unserved - Today!

A P&F Broadband Policy Summit Webinar Event
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 

Latest News 
 
INTELLECTUAL PROPERTY
 
Google Book Deal Anticompetitive, Raises Privacy Concerns, Amicus Briefs Say

An amicus curiae brief filed with the U.S. District Court for the Southern District of New York Sept. 4 charged that the proposed settlement of a class action copyright infringement lawsuit brought by writers and publishers challenging Google, Inc.'s book-scanning project amounts to a modern day version of the 19th century cartel formed by the railroads to suppress competition.  Authors Guild v. Google, Inc. (Brief Amicus Curiae of Open Book Alliance), 2009 ILRWeb (P&F) 2608.  Subscribers read more ...

Other Intellectual Property news: 
 
·  EC to Use Google Digital Book Deal Hearings as Launch Pad for New Copyright Legislation
·  Internet Radio Company Challenges Constitutionality of Copyright Royalty Board
·  Google Books Settlement Provides No Meaningful Privacy Rights, Group Says
·  Federal Circuit Stays Injunction Against Microsoft Sales of Word Program
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Third Circuit Rules That Internet Gambling Payments Statute Is Not Void for Vagueness

The Unlawful Internet Gambling Enforcement Act, which prohibits gambling businesses from processing payments for illegal Internet gambling transactions, is not unconstitutionally vague, the U.S. Court of Appeals for the Third Circuit held Sept. 1.  Interactive Media Entertainment and Gaming Association, Inc. v. Attorney General of the United States, 2009 ILRWeb (P&F) 2601.  Subscribers read more ...

Other Internet Commerce news: 
 
·  European Court of Justice OKs Restrictions on Commercial Online Gambling Operations
·  Italian Agency Opens Probe of Content Extracted from Newspapers for Google's Site
·  EU Antitrust Regulator Launches Probe of Oracle's Sun Microsystems Takeover
·  Bank's Failure to Adopt Online Multi-Factor Authentication May Create Negligence Liability
·  Illinois District Court Changes Course, Says 'Damage' Not Required for Civil CFAA Claim
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
No False Endorsement When Internet Search Engines Return Links of Person to Adult Sites

False endorsement under the Lanham Act is not a cause of action for violations of a plaintiff's privacy and reputation through offensive Internet links, the U.S. District Court for the Eastern District of Wisconsin ruled Aug. 28.  Stayart v. Yahoo! Inc., 2009 ILRWeb (P&F) 2509.  Subscribers read more ...

Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Three Months Late, FTC Weighs In on FCC's National Broadband Strategy

The Federal Trade Commission Sept. 4 filed comments in response to the Federal Communications Commission's notice of inquiry on a national broadband plan, which were due June 8, stressing the importance of consumer protections in the plan.  Subscribers read more ...

Other Telecommunications news: 
 
·  FCC Still Seeking Cost Data for National Broadband Strategy
·  More Than 2,200 Applications for NTIA, RUS Broadband Grants
·  FCC Begins Series of Notices Seeking Comment on Broadband
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Advocacy Groups Call on Congress to Establish Tough Data Privacy Rules

A coalition of advocacy groups Sept. 1 called on Congress to impose tough restrictions on online companies that gather consumers' personal data for advertising purposes.  The groups released a comprehensive set of recommendations, including a 24-hour limit on the use of personal data obtained without the consumer's prior consent and an absolute ban on the collection of sensitive information.  Subscribers read more ...

Other Privacy & Security news: 
 
·  FTC Expected to Examine Adequacy of U.S. Privacy Rules
·  EU to Incorporate Data Protection Recommendations Into SWIFT Agreement
·  Canadian Privacy Commissioner Directs Bell Canada to Explain Deep Packet Inspection Use
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Washington Agency Advises Taxpayers on Digital Goods Taxation, Sourcing

The Washington Department of Revenue Sept. 4 issued two draft excise tax advisories to help taxpayers understand how a new state law creates tax liability for sales of certain digital products and how sales of digital products are sourced.  Subscribers read more ...

Other Taxation news: 
 
·  Iowa Amends Telecom Definitions, Brings State into SSUTA Compliance
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Millions of California Website Hits No Basis for Jurisdiction Absent Intentional Contacts

Evidence that a website received over 2 million hits from California users is not, absent some connection to actual sales or solicitations, sufficient to require a Pennsylvania web company to answer a lawsuit there, the U.S. District Court for the Southern District of California held Aug. 24.  CollegeSource, Inc. v. AcademyOne, Inc., 2009 ILRWeb (P&F) 2513.  Subscribers read more ...

Subscribers may search ILR's Jurisdiction & Procedure database

Latest Cases 
 
·  Capital Confirmation, Inc. v. Auditconfirmations, LLC, 2009 ILRWeb (P&F) 2515 [MD Tenn] (Mere maintenance of an interactive, commercial website, accessible from anywhere, without more, cannot constitute purposeful availment)
·  CollegeSource, Inc. v. AcademyOne, Inc., 2009 ILRWeb (P&F) 2513 [SD Cal] (Evidence that a website received over 2 million hits from California users is not, absent some connection to actual sales or solicitations, sufficient to require a Pennsylvania web company to answer a lawsuit there)
·  ICG America, Inc. v. Wine of the Month Club, Inc., 2009 ILRWeb (P&F) 2517 [D Conn] (Defendant's interactive, commercial website—which invites consumers "from any state," including Connecticut, to purchase its products—permits the exercise of personal jurisdiction over defendant under Connecticut's long-arm statute)
·  i4i, LP v. Microsoft Corp. (Order Staying Injunction), 2009 ILRWeb (P&F) 2605 [Fed Cir] (Federal Circuit stays lower court's injunction barring distribution of versions of Microsoft's widely used word processing program that were found to infringe plaintiff's patent)
·  Interactive Media Entertainment and Gaming Association, Inc. v. Attorney General of the United States, 2009 ILRWeb (P&F) 2601 [3d Cir] (Unlawful Internet Gambling Enforcement Act, which prohibits gambling businesses from processing payments for illegal Internet gambling transactions, is not unconstitutionally vague)
·  Maypark v. Securitas Security Services USA, Inc., 2009 ILRWeb (P&F) 2607 [Wis Ct App] (Employer not negligent for employee's bizarre Internet postings because it was not foreseeable that allowing employee to access the Internet would create an unreasonable risk of harm to others)
·  Sawyer v. Mills, 2009 ILRWeb (P&F) 2519 [Ky] (Defendant's identifiable voice on a tape recording of a conversation does not constitute an "electronic signature" for purposes of E-SIGN)
·  Shames-Yeakel v. Citizens Financial Bank, 2009 ILRWeb (P&F) 2511 [ND Ill] (Bank that did not implement multi-factor authentication for online banking transactions may have breached duties to provide adequate account security safeguards)
·  Stayart v. Yahoo! Inc., 2009 ILRWeb (P&F) 2509 [ED Wis] (False endorsement under the Lanham Act is not a cause of action for violations of a plaintiff's privacy and reputation through offensive Internet links brought up when plaintiff enters name in Internet search engine)
·  Steinbach v. Village of Forest Park (Amended Opinion), 2009 ILRWeb (P&F) 2505 [ND Ill] (Plaintiff may proceed with intrusion upon seclusion, CFAA, and SCA claims based on alleged unauthorized access of her e-mail account)
·  Warman v. Lemire, 2009 ILRWeb (P&F) 2603 [CHRT] (Certain provisions of the Canadian Human Rights Act violate the Canadian Charter of Rights and Freedoms, which guarantees the freedom of thought, belief, opinion, and expression)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Authors Guild v. Google, Inc. (Brief Amicus Curiae of Center for Democracy & Technology), 2009 ILRWeb (P&F) 2606 [SD NY] (Amicus requests that privacy requirements be included in the court's approval of the Google Book Search settlement)
·  Authors Guild v. Google, Inc. (Brief Amicus Curiae of Consumer Watchdog), 2009 ILRWeb (P&F) 2610 [SD NY] (Amicus argues that Google Book Search settlement would privately alter copyright law and improperly divest rightsholders of their exclusive rights)
·  Authors Guild v. Google, Inc. (Brief Amicus Curiae of Open Book Alliance), 2009 ILRWeb (P&F) 2608 [SD NY] (Amicus argues that Google Book Search settlement is anticompetitive)
·  Authors Guild, Inc. v. Google, Inc. (EPIC's Motion to Intervene), 2009 ILRWeb (P&F) 2604 [SD NY] (Advocacy group argues that Google Book Search settlement places no meaningful limits on the collection and use of readers' personal information)
·  Authors Guild, Inc. v. Google, Inc. (Objection of Amazon.com, Inc. to Proposed Settlement), 2009 ILRWeb (P&F) 2600 [SD NY] (Amazon.com objects to proposed settlement of Google Book Search litigation)
·  i4i, LP v. Microsoft Corp. (Brief for Defendant-Appellant Microsoft), 2009 ILRWeb (P&F) 2456 [Fed Cir] (Microsoft seeks reversal of judgment of infringement)
·  Live365, Inc. v. Copyright Royalty Board (Complaint), 2009 ILRWeb (P&F) 2454 [D DC] (Internet radio company files complaint challenging the constitutionality of the Copyright Royalty Board)
·  Minds and Machines, LLC v. Puck (Complaint), 2009 ILRWeb (P&F) 2602 [WD Wash] (Breach of contract dispute over gTLD expansion)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Handset Exclusivity Limitations: What's the Potential Impact for Carriers and Manufacturers? – New!
This report provides in-depth analysis of the handset exclusivity debate and our predictions and recommendations on carrier-manufacturer partnerships.  Learn more about this research

Residential VoIP Pricing Update – New!
This recurring report details the pricing and marketing strategies of residential VoIP services. Companies covered include Comcast, Time Warner Cable, Verizon, AT&T, Vonage, and Lingo.  Learn more about this research

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 about this research

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 about this research

Events & Conferences 
 

What's Next for Online Behavioral Advertising – Regulation, Legislation, or Continued Self-governance? – An Interactive Webinar
Friday, October 16, 2009 | 2:00 – 3:30 p.m. EDT
Pike & Fischer has gathered the key players in the behavioral advertising debate for a timely, interactive webinar moderated by Lydia Parnes, former director of the FTC's Bureau of Consumer Protection and current partner in the Washington, D.C. office of Wilson Sonsini Goodrich & Rosati.  Join Ms. Parnes and her panelists from the FTC, Capitol Hill, and the Interactive Advertising Bureau as they take an in-depth look at the policy, technical, and legal issues at the forefront of the debate.  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

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