What's Next for Online Behavioral Advertising – 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 

Latest News 
 
INTELLECTUAL PROPERTY
 
CRS Report Analyzes Fair Use Concerns in Google Library Project

A report by the Congressional Research Service released Sept. 25 offers background on the Google Library Project, legal issues raised by digitization and indexing projects, and a proposed settlement between the Authors Guild and Google, Inc.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Judge Delays Fairness Hearing in Google Book Search Settlement
·  ICANN Urged to Adopt E-Filing for UDRP at Upcoming Seoul Meeting
·  China Appeals WTO Decision on Chinese Audiovisual Restrictions
·  Authors, Publishers Ask Court to Adjourn Settlement Hearing for More Negotiation
·  Trademark Owner Concerns Aired in Congress as ICANN Readies New Domains
·  French Parliament Adopts Three-Strikes Anti-Piracy Law, but Council to Have Last Word
·  More Grist for Patent Damages Reform Mill at Another Microsoft Appellate Oral Argument
·  PTO Submits Brief Supporting Bilski Test in Supreme Court's Section 101 Review
·  President Names Former USTR Official to Pro-IP Act's White House 'IP Czar' Position
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Officer of 'Scareware' Schemer Can't Wriggle Out of FTC Act §5 Liability

An officer of a company engaged in "scareware" tactics cannot evade liability, as the U.S. District Court for the District of Maryland finds that the Federal Trade Commission sufficiently pleaded his role in controlling the finances of the enterprise and denies his second motion to dismiss charges against him.  Federal Trade Commission v. Innovative Marketing, Inc., 2009 ILRWeb (P&F) 2667.  Subscribers read more ...

Other Internet Commerce news: 
 
·  International Internet Payday Lender Will Pay $1 Million to Settle FTC Charges
·  Facebook Agrees to Shut Down Beacon Ad System to Settle User Class Action
·  Business Costs, Lost Profits from Data Misuse Not 'Loss' for CFAA Purposes
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Online Essay Condemning Deceased Marine Was About Public Matter, Protected Speech

A website essay patterned after "God Hates Fags" and other signs used by a religious group when picketing military funerals could not reasonably be interpreted as making statements of fact, and so was protected by the First Amendment, the U.S. Court of Appeals for the Fourth Circuit held Sept. 24.  Snyder v. Phelps, 2009 ILRWeb (P&F) 2683.  Subscribers read more ...

Other Freedom of Speech news: 
 
·  Commenter, Gripe Site Owner Not Liable for Defamation for Opinion-Based Criticisms
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
AT&T Asks FCC to Investigate Alleged Blocking by Google Voice

AT&T Sept. 25 wrote to the Federal Communications Commission asking it to investigate the Google Voice application for blocking certain telephone numbers in violation of the agency's broadband policy statement.  The call for an investigation comes the same week that FCC Chairman Julius Genachowski proposed turning the four principles contained in the commission's broadband policy statement into rules.  Subscribers read more ...

Other Telecommunications news: 
 
·  FCC Focus Back on Broadband; Copps Still Concerned About Media
·  Stakeholders Still Far Apart on Rules to Require Net Neutrality
·  Many Options, Little Consensus on Funding Public Safety Network
·  FCC Seeks Comment on Spectrum, Federal Contribution to Broadband Plan
·  Petition Asks FCC to Clarify That States May Collect Data
·  Cost of Universal Broadband Depends Entirely on Definitions
·  Leahy Backs Effort to Repeal Retroactive Immunity for Telcos
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Brekka Case Shows Need for Comprehensive Strategy to Shield Data from Insider Misuse

The Ninth Circuit recently joined a trend disfavoring Computer Fraud and Abuse Act claims brought by companies against disloyal employees, employment and technology attorneys practicing within the circuit told P&F parent BNA.  In LVRC Holdings LLC v. Brekka, 2009 ILRWeb (P&F) 2629 (9th Cir 2009), the court resolved disagreement among federal district courts within the circuit about how the CFAA's "authorization" standard applies to cases involving data theft by disloyal employees.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Survey Finds Half of Employers Lack Rules for Workers' Social Networking Activities
·  Safe Harbor Conference Set for Nov. 16 by Commerce, EC, Art. 29 Party, Swiss DPA
·  ABA Seeks Summary Judgment in Suit Challenging 'Red Flags' Rule
·  Spain's Data Privacy Agency Issues Fine to Ticketmaster Subsidiary for Spam E-Mail
·  Leahy Urges New Four-Year Sunset on PATRIOT Act Data-Gathering Tools
 
Subscribers may search ILR's Privacy & Security database 

JURISDICTION & PROCEDURE 
 
Repeat E-Mails About Domain Parking Deal Were Purposeful Contacts in Virgin Islands

Back-and-forth e-mail negotiations about a domain name monetization agreement between a California company and a domain name owner located in the U.S. Virgin Islands showed that the California company purposefully transacted business in the Virgin Islands, the U.S. District Court for the District of the Virgin Islands held Sept. 16.  HCB, LLC v. Oversee.net, 2009 ILRWeb (P&F) 2677.  Subscribers read more ...

Subscribers may search ILR's Jurisdiction & Procedure database

Latest Cases 
 
·  Authors Guild v. Google, Inc. (Order Postponing October 7, 2009 Fairness Hearing), 2009 ILRWeb (P&F) 2679 [SD NY] (Judge delays fairness hearing in Google book search settlement)
·  Chang v. Regents of the University of California (Minute Order), 2009 ILRWeb (P&F) 2669 [Cal Super Ct] (Plaintiff shall retain independent third party, who will determine whether the identities of anonymous posters will be revealed to plaintiff)
·  Cincom Systems, Inc. v. Novelis Corp., 2009 ILRWeb (P&F) 2687 [6th Cir] (A series of mergers that defendant underwent as part of an internal corporate restructuring resulted in a prohibited transfer of a software license)
·  Crookes v. Newton, 2009 ILRWeb (P&F) 2671 [BC Ct App] (Providing a hyperlink to defamatory material will not, in itself, constitute a publication of the defamatory material)
·  D.J. Miller Music Distributors, Inc. v. Strauser, 2009 ILRWeb (P&F) 2691 [MD Fla] (Individual acting on behalf of corporation may be personally liable under ACPA)
·  ES&H, Inc. v. Allied Safety Consultants, Inc., 2009 ILRWeb (P&F) 2673 [ED Tenn] (In the absence of an interruption in computer service, the lost profits and diminished business a company allegedly endured due to an employee's data misappropriation are not actionable "losses" under the CFAA)
·  Federal Trade Commission v. Cash Today, Ltd. (Stipulated Final Judgment and Order), 2009 ILRWeb (P&F) 2665 [D Nev] (International Internet payday lender will pay $1 million to settle FTC charges)
·  Federal Trade Commission v. Innovative Marketing, Inc., 2009 ILRWeb (P&F) 2667 [D Md] (Officer of a company engaged in "scareware" tactics cannot evade liability, as the FTC sufficiently pleaded his role in controlling the finances of the enterprise)
·  Florida, State of v. Sholl, 2009 ILRWeb (P&F) 2689 [Fla Dist Ct App] (Lewd transmission via webcam not protected by the First Amendment)
·  HCB, LLC v. Oversee.net, 2009 ILRWeb (P&F) 2677 [D VI] (Back-and-forth e-mail negotiations about a domain name monetization agreement between a California company and a domain name owner located in the U.S. Virgin Islands showed that the California company purposefully transacted business there)
·  Intellect Art Multimedia, Inc. v. Milewski, 2009 ILRWeb (P&F) 2675 [NY Sup Ct] (Criticisms describing a personal experience posted by a disgruntled summer school student on a consumer information website are opinions, not fact, that cannot form the basis of a defamation claim)
·  Lane v. Facebook, Inc. (Settlement Agreement), 2009 ILRWeb (P&F) 2657 [ND Cal] (Settlement reached in dispute over Beacon information-sharing marketing program)
·  Meeza QSTP-LLC v. Frank, 2009 ILRWeb (P&F) 2685 [WIPO] (Where domain name was registered before any trademark rights were established, the registration could not have been in bad faith, even if any subsequent use could be said to have been in bad faith)
·  Paradigm Alliance, Inc. v. Celeritas Technologies, LLC, 2009 ILRWeb (P&F) 2695 [D Kan] (Proving damage is not required for every claim brought under the CFAA)
·  Person v. Google, Inc., 2009 ILRWeb (P&F) 2681 [9th Cir] (Appeals court affirms dismissal of antitrust claim against Google)
·  R.C. Olmstead, Inc. v. CU Interface, LLC, 2009 ILRWeb (P&F) 1553 [ND Ohio] (Use of username and password not a DMCA circumvention)
·  Snyder v. Phelps, 2009 ILRWeb (P&F) 2683 [4th Cir] (Commentary posted on church website is protected by First Amendment)
·  Time Warner Cable Information Services (North Carolina), LLC v. Duncan, 2009 ILRWeb (P&F) 2693 [ED NC] (State Commission erred in finding that VoIP provider was not a telecommunications carrier without giving provider an opportunity to present evidence in rebuttal to local exchange carrier's motion to dismiss)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  American Bar Association v. Federal Trade Commission (Plaintiff's Motion for Partial Summary Judgment), 2009 ILRWeb (P&F) 2628 [D DC] (ABA urges the court to issue an order, before the FTC's compliance date of Nov. 1, that grants the association summary judgment and enjoins the agency from enforcing its "red flags" rule against lawyers)
·  Authors Guild, Inc. v. Google, Inc. (Plaintiffs' Memorandum in Support of Unopposed Motion to Adjourn October 7, 2009 Final Fairness Hearing and Schedule Status Conference), 2009 ILRWeb (P&F) 2622 [SD NY] (Authors, publishers ask court to adjourn Google Books settlement hearing for more negotiation)
·  Bilski v. Kappos (Brief for the Respondent), 2009 ILRWeb (P&F) 2626 [US] (Government files long-awaited brief in case which may redefine the scope of patentable subject matter)
·  i4i, LP v. Microsoft Corp. (Reply Brief for Defendant-Appellant Microsoft Corp.), 2009 ILRWeb (P&F) 2624 [Fed Cir] (Microsoft argues that district court misconstrued key terms, leading to erroneous verdict of infringement)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Cable Advanced Advertising Market Update and Forecast, 2nd Edition – New!
In this report, we update our analysis of the market, examine recent activity, and provide our adjusted forecast for U.S. cable operator advertising revenue through 2014.  Learn more about this research

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
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

Events & Conferences 
 

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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