What's Next for Online Behavioral Advertising – This Friday!

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
 
Web Content Posted Abroad Not Simultaneously Published in America

Posting content to a foreign website, although instantly accessible in the United States, does not amount to simultaneous publication in the United States such that registration is required to pursue an infringement action under the federal Copyright Act, the U.S. District Court for the District of Delaware ruled Oct. 6.  Moberg v. 33T LLC, 2009 ILRWeb (P&F) 2801.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Individual 'Owned' CD Copies of Licensed Software Since He Could Keep Them Forever
·  Website Stating Individual Owed Legal Fees Was Libelous, but Was Not Cybersquatting
·  Paris Court Fines eBay for Counterfeiting Trademarks Through Keyword-Based Ads
·  Judge Sets Date for Submission of Amended Google Book Settlement
·  WTO Ruling Could Open Up Booming Market in China for Mobile Music Download Services
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Costs to Investigate Unauthorized Website Access Were 'Losses' Actionable Under CFAA

A company that allegedly spent over $6,000 investigating a former business partner's unauthorized access to its password-protected website could proceed with claims against the partner under the Computer Fraud and Abuse Act, the U.S. District Court for the District of Kansas held Sept. 22.  Paradigm Alliance, Inc. v. Celeritas Technologies, LLC, 2009 ILRWeb (P&F) 2695.  Subscribers read more ...

Other Internet Commerce news: 
 
·  EU Antitrust Chief Reaches Tentative Deal with Microsoft Corp. on Browser Controversy
·  State 'Mini-FTC Acts' Raise Non-Compliance Risks with New FTC Endorsements Guidance
·  CCIA Acknowledges Receipt of CIDs by Member Firms in DOJ Probe of IBM
 
Subscribers may search ILR's Internet Commerce database

TELECOMMUNICATIONS 
 
FCC Sends Letter of Inquiry Targeting Google Voice Service

The Federal Communications Commission Oct. 9 sent a letter of inquiry to the Washington office of Google, requesting information about whether its Google Voice service blocks certain calls to rural areas.  The inquiry comes on the heels of a complaint filed by AT&T, requesting that the commission investigate reports of call blocking by Google Voice.  Subscribers read more ...

Other Telecommunications news: 
 
·  Genachowski Gives on Spectrum, Holds Firm on Net Neutrality Rules
·  Regulators at ITU Forum Call on Operators to Do More Facility-Sharing to Reduce Costs
·  Net Neutrality Advocates' Brief Urges Court to Find FCC Principles Enforceable
·  Advocates See Surge of Interest in Review of Special Access Rates
·  Rockefeller Seeks FCC Rule Change to Increase E-Rate Program Funding
·  Boucher Wants Lead on USF Reform, Says FCC Should Tackle Compensation
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
FTC Eyeing Privacy Enforcement Action in Behavioral Marketing, Official Says

Officials at the Federal Trade Commission are looking at enforcement action as a way of supporting a set of voluntary principles for privacy protection in the field of online behavioral advertising, a commission staff lawyer said Oct. 8.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Internet Social Networking Sites Eye Privacy Expectations in Evolving Market
·  Report: Canadians Must Take Greater Responsibility to Protect Online Information
·  Court Again Orders eBay Canada Ltd. to Provide Data on High-Volume Sellers
·  House Lawmaker Introduces Measure to Limit Scope of FTC 'Red Flags' Rule
·  European Commission Urges Action to Fight Online Privacy Threats, Cites Inconsistent Efforts
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
New York Levies Tax on Independent Contractor 'E-Newsletter' Preparers

Payments to independent contractors who prepare "e-newsletters" are subject to sales tax because the independent contractors are performing an information service, the New York State Department of Taxation and Finance said Aug. 12 in an advisory opinion.  New York Office of Counsel Advisory Opinion TSB-A-09(40)S, 2009 ILRWeb (P&F) 2547.  Subscribers read more ...

Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Interactive Website Facilitating Some Sales to Forum, Even If Few, Supports Jurisdiction

A Colorado company that sold an allegedly defective climbing tool to a Pennsylvania resident through its interactive website is subject to jurisdiction in Pennsylvania, notwithstanding the very small number of annual sales it made to the state, the U.S. District Court for the Western District of Pennsylvania held Sept. 30.  Willyoung v. Colorado Custom Hardware, Inc., 2009 ILRWeb (P&F) 2741.  Subscribers read more ...

Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Experts Call for Improved Efforts to Crack Down on Cybercrime

Governments need to improve cooperation at the international level in order to heighten security on the Internet, and perhaps consider more draconian measures to track down and arrest online criminals, experts at a forum on cybercrime said Oct. 6.  Subscribers read more ...

Other Criminal Liability news: 
 
·  FBI, DOJ Break Up Large U.S., Egyptian 'Phishing' Operation Affecting Banks, Data
 
Subscribers may search ILR's Criminal Liability database

Latest Cases 
 
·  Carl v. bernardjcarl.com, 2009 ILRWeb (P&F) 2735 [ED Va] (Website stating individual owed legal fees was libelous, but was not cybersquatting)
·  Cenveo, Inc. v. Rao, 2009 ILRWeb (P&F) 2737 [D Conn] (In the absence of allegations that plaintiff accessed confidential information that was "in a computer," complaint fails to state a CFAA violation)
·  Everglades Direct, Inc. v. HR Direct LLC, 2009 ILRWeb (P&F) 2733 [NAF] (While laches is not generally recognized under the UDRP, a four-year delay in taking action raises the inference that complainant did not truly believe the disputed domain name was registered in bad faith)
·  Frayne v. Chicago 2016, 2009 ILRWeb (P&F) 2803 [ND Ill] (Genuine factual issues preclude summary judgment on the issue of whether the registrant of chicago2016.com used the term for trade or to induce the sale of goods or services)
·  Joe N. Pratt Insurance v. Doane, 2009 ILRWeb (P&F) 2739 [SD Tex] (Mere misuse of information to which a defendant had authorized access is not enough to establish a CFAA violation)
·  Mehmet v. Add2Net, Inc., 2009 ILRWeb (P&F) 2805 [NY App Div] (Plaintiff breached web provider's acceptable use policy by leaving an "angry" voicemail message)
·  Moberg v. 33T LLC, 2009 ILRWeb (P&F) 2801 [D Del] (Publication on the Internet does not transform foreign work into "United States work")
·  New York Office of Counsel Advisory Opinion TSB-A-09(40)S, 2009 ILRWeb (P&F) 2547 [NY Dep't Tax Fin] (Payments to independent contractors who prepare "e-newsletters" are subject to sales tax because the independent contractors are performing an information service)
·  Ohio, State of v. Thornton, 2009 ILRWeb (P&F) 2743 [Ohio Ct App] (No legitimate expectation of privacy in files defendant made available to public using Limewire software, or in subscriber information given to an ISP)
·  Paradigm Alliance, Inc. v. Celeritas Technologies, LLC, 2009 ILRWeb (P&F) 2695 [D Kan] (Costs to investigate unauthorized website access were 'losses' actionable under CFAA)
·  Peterson v. Moldofsky, 2009 ILRWeb (P&F) 2731 [D Kan] (Sending e-mail of sexually explicit material to a handful of plaintiff's family and friends satisfies the publicity requirement for an invasion of privacy claim based on a publication of private facts)
·  UMG Recordings, Inc. v. Alburger, 2009 ILRWeb (P&F) 2729 [ED Pa] (Downloading music from the Internet, without paying for it or acquiring any rights to it, is a direct violation of the Copyright Act; such actions are not excused by innocent intent)
·  United States v. Weiner, 2009 ILRWeb (P&F) 2727 [ND Miss] (Court allows issuance of subpoenas to ISPs by a defendant in a criminal case pursuant to Fed. R. Crim. P. 17(a)(1))
·  Vernor v. Autodesk, Inc., 2009 ILRWeb (P&F) 2723 [WD Wash] (Individual 'owned' CD copies of licensed software since he could keep them forever)
·  Willyoung v. Colorado Custom Hardware, Inc., 2009 ILRWeb (P&F) 2741 [WD Pa] (Through its interactive website, defendant purposefully availed itself of the privilege of conducting business within the forum, notwithstanding the relatively small amount of Internet-related sales that were generated in the forum)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Comcast Corp. v. Federal Communications Commission (Brief for Intervenors Free Press, et al.), 2009 ILRWeb (P&F) 2802 [DC Cir] (Public interest organizations and net neutrality advocates argue that the FCC has the legal authority to enforce its 2005 broadband policy statement)
·  craigslist, Inc. v. Doe d/b/a Clbotpro.com (Complaint), 2009 ILRWeb (P&F) 2806 [ND Cal] (Craigslist sues vendors of auto-posting services for violations of its TOU, the DMCA, and other causes of action related to its copyrights and trademarks)
·  craigslist, Inc. v. LaMere (Complaint), 2009 ILRWeb (P&F) 2808 [ND Cal] (Craigslist sues vendors of auto-posting services for violations of its TOU, the DMCA, and other causes of action related to its copyrights and trademarks)
·  craigslist, Inc. v. Red Trumpet LLC (Complaint), 2009 ILRWeb (P&F) 2804 [ND Cal] (Craigslist sues vendors of auto-posting services for violations of its TOU, the DMCA, and other causes of action related to its copyrights and trademarks)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Telemedicine and the Economic Stimulus: Broadband Opportunities in a Swelling Market – New!
In this report, Pike & Fischer provides descriptions of the latest telemedicine solutions offered in the professional and consumer markets by the top U.S. wireless carriers, MVNOs, cable operators, and application developers, along with 5-year annual revenue forecasts on telemedicine-related spending.  Learn more about this research

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

Events & Conferences 
 

Broadband Policy Summit VI
Advance Early Bird Discount – Save $200 – Expires January 1, 2010
The Fairfax Hotel at Embassy Row, Washington, D.C., June 10-11, 2010
Join us at BPS VI--the 2010 edition of the preeminent annual forum for the broadband telecommunications industry--to air and dissect the critical and complex issues facing broadband businesses and policymakers in the wake of the new National Broadband Plan. Interact with panels of top federal, state, and private sector players and top-level keynoters to gain invaluable, actionable insights into the industry's emerging shape and explore new developments in recurring themes. Register before January 1 at Early Bird Rates and save $200.  Learn More  Join us on LinkedIn


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

Introducing The Pipe
Pike & Fischer's Broadband Advisory Services team has launched a new blog, The Pipe, devoted to providing you with observations, insights and findings about everything broadband.  We welcome your comments and perspectives.

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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