Latest News 
 
INTELLECTUAL PROPERTY
 
ICANN Finalizing Plans for New Domains, but Mark Owners May Still Shape Outcome

The Internet Corporation for Assigned Names and Numbers's plan to introduce new top-level domains appears to be moving ahead despite trademark owner objections, and without all of the rights protection mechanisms requested by mark owners.  However, according to attorneys familiar with the new top-level domain process, there are a number of measures mark owners should consider taking now in order to protect their rights when the new domains go live sometime in 2010.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Copyright Royalty Board Expands Reporting Rules to All but Smallest Digital Services
·  Fact Issues Remain in Dispute Over Use of 'Chicago 2016' in Mark and Domain Name
·  USTR Says Sixth Round of ACTA Talks to Include Digital Environment Enforcement
·  Password Protection Is Key Issue in Swedish Data Disclosure Ruling
·  Downloading, Playing of Phone Ringtones Does Not Implicate Public Performance Right
·  First Sale Doctrine Does Not Preclude Action Challenging Copies Made Overseas
·  Craigslist Sues Auto-Posting Software Maker
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Changing Server Password After Failed Joint Venture Violated State Computer Fraud Laws

A company that changed passwords to a computer server owned by a former business partner wrongfully altered data in violation of California and New Jersey computer crime laws, the U.S. District Court for New Jersey held Oct. 14.  Joseph Oat Holdings, Inc. v. RCM Digesters, Inc., 2009 ILRWeb (P&F) 2837.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Endorsements Guides Not Meant to Address Traditional Reviews Online, FTC Official Says
·  CFAA Claims Failed for Lack of Allegations That Employee Acquired Data from Computer
·  Party Who Accessed Website Using Another's Password Was Derivatively Bound by License
·  Alleged Lost Revenues, Costs of Computer Misuse Investigation, Were Not CFAA 'Losses'
·  No CAN-SPAM Standing for E-Mail Forwarder
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Adult Entertainment Group Drops Suit Against Utah's No-E-Mail Child Registry

A federal judge in Utah Sept. 30 dismissed a lawsuit against Utah's anti-spam child protection law after the plaintiff, a trade association for the adult entertainment industry, dropped the case.  Free Speech Coalition v. Shurtleff (Dismissal), No. 2:05-CV-949.  Subscribers read more ...

Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Letters, Lobbying Activity Intensify as Net Neutrality Vote Draws Close

The Federal Communications Commission is scheduled to vote Oct. 22 on the first step of a lengthy process that may ultimately result in net neutrality rules, but lobbyists are working overtime even at this early stage.  Letters have been flying fast and publicly to try to sway the commission's thinking on this issue.  Subscribers read more ...

Other Telecommunications news: 
 
·  Waxman, Boucher Ask Carriers for 'Traffic Pumping' Information
·  FCC's Wireless Bureau Chief Outlines Net Neutrality Regulations
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Key House Lawmaker Says Congress Should Not Rush Cybersecurity Reform

Rep. Yvette D. Clarke (D-N.Y.), a key member of the House Homeland Security Committee, said Oct. 16 that efforts to reform the U.S. approach to cybersecurity should not be rushed.  For now, Clarke said she is carefully studying the issue and giving the Obama administration time to develop its own strategy.  Subscribers read more ...

Other Privacy & Security news: 
 
·  GOP Lets House Panel Move Bill Narrowing FTC 'Red Flag' Rules Directly to Floor Vote
·  FTC Opposition to ABA Red Flags Rule Suit Cites Lack of Attorney Rules on ID Theft
·  Australia to Develop Set of Privacy Principles, Require Notification of Overseas Data Transfer
·  NIST Director Nominee Gallagher Pledges Action on Cybersecurity
·  FTC Announces Order Expanding Data Security Accord with ChoicePoint
·  Swedish Parliament OKs Surveillance Law Changes in Response to Privacy Objections
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Georgia Supreme Court Rules on Online Travel Firm's Taxes

The Georgia Supreme Court Oct. 5 affirmed a trial court's order that issued a permanent injunction against Hotels.com and ordered it to account for, collect, and remit occupancy taxes based on the retail room rate in its merchant model transactions.  Hotels.com v. City of Columbus, 2009 ILRWeb (P&F) 2825.  Subscribers read more ...

Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Hacking of California-Based E-Mail Account Created Specific Personal Jurisdiction There

Individuals who allegedly used a California-based anonymizer service to access a Yahoo! e-mail account without authorization had sufficient contacts with the state to be sued there in a related lawsuit, the U.S. District Court for the Northern District of California held Oct. 14.  United States of America Chess Federation, Inc. v. Polgar, 2009 ILRWeb (P&F) 2831.  Subscribers read more ...

Other Jurisdiction & Procedure news: 
 
·  ISPs Could Not Be Sued in California for Deep-Packet Inspection Trials with NebuAd
·  Regular Web-Based Sales Into California, Local Warehouse Supports Jurisdiction There
 
Subscribers may search ILR's Jurisdiction & Procedure database

Latest Cases 
 
·  Allstar Marketing Group, LLC v. Your Store Online, LLC, 2009 ILRWeb (P&F) 2545 [CD Cal] (Wisconsin-based webstore is subject to California jurisdiction when multiple sales of allegedly infringing goods are sold online to California residents)
·  Application of Cellco Partnership d/b/a Verizon Wireless, In re, 2009 ILRWeb (P&F) 2817 [SD NY] (Cellular telephone service company does not have to pay performance royalties for each time one of its subscribers receives a call that triggers the playing of a copyrighted work as a ringtone)
·  Capitol Records, Inc. v. MP3tunes LLC, 2009 ILRWeb (P&F) 2835 [SD NY] (CEO of MP3tunes may be rejoined as a defendant given the extensive control he exercised over MP3tunes)
·  Cenveo, Inc. v. Rao, 2009 ILRWeb (P&F) 2737 [D Conn] (CFAA claims failed for lack of allegations that employee acquired data from computer)
·  CoStar Realty Information, Inc. v. Copier Country New York, LLC, 2009 ILRWeb (P&F) 2821 [D Md] (Party who accessed website using another's password was derivatively bound by license to which the other party agreed)
·  Ferguson v. Active Response Group, 2009 ILRWeb (P&F) 2819 [9th Cir] (Plaintiff lacks standing to pursue his claim under the CAN-SPAM Act)
·  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)
·  FreeLife International, Inc. v. American Educational Music Publications, Inc., 2009 ILRWeb (P&F) 2813 [D Ariz] (Online contract of adhesion enforceable and conscionable)
·  GT Solar, Inc. v. Goi, 2009 ILRWeb (P&F) 2833 [D NH] (Court can exercise personal jurisdiction over a foreign defendant whose contacts with New Hampshire were primarily via telephone and e-mail)
·  Hotels.com v. City of Columbus, 2009 ILRWeb (P&F) 2825 [Ga] (Court affirms a trial court's order that issued a permanent injunction against Hotels.com and ordered it to account for, collect, and remit occupancy taxes based on the retail room rate in its merchant model transactions)
·  Imageline, Inc. v. Fotolia LLC, 2009 ILRWeb (P&F) 2829 [ND Ga] (No general jurisdiction based solely on Internet contacts, nor is there any basis for specific personal jurisdiction)
·  Joseph Oat Holdings, Inc. v. RCM Digesters, Inc., 2009 ILRWeb (P&F) 2837 [D NJ] (Changing server password after failed joint venture violated state computer fraud laws)
·  Notice and Recordkeeping for Use of Sound Recordings Under Statutory License (Final Rule), 2009 ILRWeb (P&F) 2807 [CRB] (Copyright Royalty Board issues a final rule regarding the delivery and format of reports for the use of sound recordings pursuant to the Copyright Act's statutory licenses for digital audio services)
·  Pearson Education, Inc. v. Liu, 2009 ILRWeb (P&F) 2725 [SD NY] (First sale doctrine does not limit a copyright owner's right to control the parallel importation of copies manufactured overseas for a foreign market)
·  Pritzker v. Brown, 2009 ILRWeb (P&F) 2809 [WIPO] (Businessman fails to establish common law trademark rights in his personal name)
·  TelQuest International Corp. v. Dedicated Business Systems, Inc., 2009 ILRWeb (P&F) 2747 [D NJ] (Costs of a corporate investigation into alleged disloyal conduct, and diminished profits caused by a former employee's competing company, were not "losses" that could satisfy the CFAA's jurisdictional threshold)
·  United States v. ChoicePoint, Inc. (Supplemental Stipulated Judgment and Order), 2009 ILRWeb (P&F) 2827 [ND Ga] (FTC announces order expanding data security accord with ChoicePoint)
·  United States v. Frechette, 2009 ILRWeb (P&F) 2811 [6th Cir] (Evidence that defendant paid a one-month subscription to a child porn website supports conclusion that he likely downloaded, kept, and otherwise possessed the material)
·  United States v. Fullmer, 2009 ILRWeb (P&F) 2815 [3d Cir] (Website posts that coordinate electronic civil disobedience are not protected by the First Amendment)
·  United States of America Chess Federation, Inc. v. Polgar, 2009 ILRWeb (P&F) 2831 [ND Cal] (Alleged illicit access of e-mail account using services based in California amounts to "purposeful availment" of the California forum)
·  Valentine v. NebuAd, Inc., 2009 ILRWeb (P&F) 2823 [ND Cal] (California jurisdiction over six out-of-state ISPs in litigation arising from their deep-packet-inspection advertising programs was unreasonable)
·  Virgin Enterprises Ltd. v. Virgin Eyes LLC, 2009 ILRWeb (P&F) 2745 [SD NY] (Advertising on a pay-per-click site—even advertising directed at forum residents—is not enough to establish personal jurisdiction)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  American Bar Association v. Federal Trade Commission (Defendant's Memorandum in Opposition to Plaintiff's Motion for Partial Summary Judgment), 2009 ILRWeb (P&F) 2810 [D DC] (FTC's opposition argues that law firms should be covered by the identity theft Red Flags Rule as creditors, and no state attorney ethics rules conflict)
·  craigslist, Inc. v. Doe d/b/a cladgenius.com (Complaint), 2009 ILRWeb (P&F) 2812 [ND Cal] (craigslist sues maker of software that bypasses anti-spam controls on craigslist's Internet classified ad service)
 
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


What's Next for Online Behavioral Advertising – Regulation, Legislation, or Continued Self-governance? – Order a Recording
Pike & Fischer 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. 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.

View all Events & Conferences

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