Latest News 
 
INTELLECTUAL PROPERTY
 
Sports Figure Wins Cybersquatter's Entire Famous Names Portfolio in Default Judgment

Nearly 800 domain names comprised of celebrity names were transferred from registry operator Verisign, Inc. to Christopher Bosh, a sports figure, Oct. 13 in compliance with a September order from the U.S. District Court for the Central District of California.  Bosh v. Zavala, 2009 ILRWeb (P&F) 2749.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Existing Classes of Works Exempt from DMCA Prohibitions Extended
·  EC Weighs Collective Copyright Licensing to Promote Online Digital Book Distribution
·  Moving on Single Music Market, EC Opens Consultation on New Video Copyright Regime
·  French Constitutional Panel OKs Piracy Law Cutting Internet Access After 'Three-Strikes'
·  Chinese Writers' Association Challenges Scanning by Google Book Service
·  Swedish Appeal Court Overturns Order to ISP to Reveal Customer Information to Publishers
·  EU Parliament Backs Off Court Order Demands for '3 Strikes' Internet Cut Off Law
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Non-Disparagement Clause in Clickwrap Sales Contract Did Not Infringe Free Speech Rights

A non-disparagement clause in a clickwrap sales agent agreement did not implicate the signor's First Amendment interests because it was part of a private contract, the U.S. District Court for the District of Arizona held Oct. 1.  FreeLife International, Inc. v. American Educational Music Publications, Inc., 2009 ILRWeb (P&F) 2813.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Court Focused on User's Options to Hold eBay Terms of Service Not Unconscionable
·  Federal Court Gives Preliminary Approval to Facebook Beacon Class Action Deal
·  Antitrust Claims About Walled Service Lacked Details
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Craigslist Picks Up CDA §230 Win, Dismissal of Prostitution-Related Public Nuisance Claim

Craigslist may have facilitated illegal prostitution in the Chicago area by hosting and organizing user-generated classifieds, but it is shielded against any attempt to hold it legally liable as a publisher of those classifieds by Section 230 of the Communications Decency Act, the U.S. District Court for the Northern District of Illinois held Oct. 20.  Dart v. Craigslist, Inc., 2009 ILRWeb (P&F) 2839.  Subscribers read more ...

Other Freedom of Speech news: 
 
·  Facebook Terms Claiming Ownership of User Information Did Not Destroy CDA Protections
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FCC Votes to Begin Long Process of Crafting Final Net Neutrality Rules

In a victory for net neutrality advocates, the Federal Communications Commission Oct. 22 voted to adopt a notice of proposed rulemaking to preserve the open Internet, taking the first step down a long road toward final rules.  In re Preserving the Open Internet; Broadband Industry Practices (Notice of Proposed Rulemaking), FCC 09-93.  Subscribers read more ...

Other Telecommunications news: 
 
·  Tech Firms, Public Interest Groups Counter Bell Lobbying on Net Neutrality
·  Finland Approves New Broadband Decree Guaranteeing Minimum Speeds
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Apparel Marketer Agrees to $250,000 Fine for Alleged COPPA, Privacy Notice Breaches

An online apparel marketer has agreed to pay a $250,000 fine to settle Federal Trade Commission charges that it collected children's data without consent in violation of the Children's Online Privacy Protection Act, under a proposed consent decree filed Oct. 20 in federal court.  United States v. Iconix Brand Group, Inc. (Consent Decree and Order), 2009 ILRWeb (P&F) 2841.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Canadian Telecom Regulator's New Policy Addresses Privacy, Internet Traffic Practices
·  House Approves Measure to Exempt Small Firms from FTC 'Red Flag' Rules
·  Dutch Officials, ISPs Meeting Sparks Debate Over New Law's Data Retention Obligations
·  Bipartisan Interest Seen in Moving Bills to Address Security Threats to Electric Grid
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
SSUTA Panel OKs, Sends to Board Revisions to Recertification Rule

A Streamlined Sales Tax Governing Board, Inc. committee Oct. 22 approved, 5-0, revisions to Rule 905 of the organization's central document concerning the annual recertification process of member states.  Subscribers read more ...

Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Web Store Offering New Jersey Shipments Avails Itself of Forum Even Absent Any Sales

An interactive website that gives visitors the option of selecting New Jersey as the ship-to destination is evidence of purposeful availment of the New Jersey forum enough to support jurisdiction there, even absent evidence of actual New Jersey sales, the U.S. District Court for the District of New Jersey held Oct. 9.  Tristar Products, Inc. v. SAS Group, Inc., 2009 ILRWeb (P&F) 2843.  Subscribers read more ...

Other Jurisdiction & Procedure news: 
 
·  Contracting with South Carolina Resident for Web Services Satisfies Jurisdiction There
·  Juror-Blogged Criticism of Legal System Was Misconduct, but Did Not Amount to Prejudice
·  Website Not Set Up for Ordering, Minimal Sales Do Not Add Up to Personal Jurisdiction
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
New Jersey Governor Signs Cybercrime Bill to OK Interception of Web Communications

New Jersey Gov. Jon S. Corzine (D) Oct. 20 signed legislation (A. 3761) authorizing computer crime investigators to intercept Internet communications under certain circumstances.  Subscribers read more ...

Other Criminal Liability news: 
 
·  Old Porn Site Subscription OK for Computer Search
·  German Social Network Blackmailed After Theft of Millions of Children's Data
·  Social Networking Is Bounty of Evidence, but Raises Problems for Both Sides of Law
 
Subscribers may search ILR's Criminal Liability database

Latest Cases 
 
·  Balsam v. Tucows, Inc., 2009 ILRWeb (P&F) 2861 [ND Cal] (Plaintiff cannot sue registrar as third-party beneficiary of Registrar Accreditation Agreement)
·  Bosh v. Zavala, 2009 ILRWeb (P&F) 2749 [CD Cal] (Judgment debtor ordered to turn over domain names to judgment creditor)
·  California, People of v. Ortiz, 2009 ILRWeb (P&F) 2857 [Cal Ct App] (Juror who wrote blog posts during trial expressing skepticism of the legal system generally violated court orders against blogging, but did not unfairly bias the proceedings without some reference to the facts)
·  Dart v. Craigslist, Inc., 2009 ILRWeb (P&F) 2839 [ND Ill] (Craigslist is shielded by CDA §230 against any attempt to hold it legally liable as a publisher of classified ads facilitating illegal prostitution in the Chicago area)
·  Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies (Interim Rule), 2009 ILRWeb (P&F) 2871 [Copyright Office] (Existing classes of works exempt from DMCA prohibitions extended)
·  Facebook, Inc. v. Power Ventures, Inc., 2009 ILRWeb (P&F) 2865 [ND Cal] (Antitrust claims about walled service lacked details)
·  Finkel v. Facebook, Inc., 2009 ILRWeb (P&F) 2751 [NY Sup Ct] (CDA immunizes Facebook from liability for defamatory content posted by Facebook members)
·  FreeLife International, Inc. v. American Educational Music Publications, Inc., 2009 ILRWeb (P&F) 2813 [D Ariz] (Non-disparagement clause in clickwrap sales contract did not infringe free speech rights)
·  Grisbrook v. MGN Ltd., 2009 ILRWeb (P&F) 2845 [UK High Ct Just, Ch Div] (A newspaper publisher infringed a freelance photographer's copyrights by posting and selling on a website digital copies of back issues containing his photographs)
·  Guinness World Records Ltd. v. Doe, 2009 ILRWeb (P&F) 2847 [ND Ill] (Passive website coupled with e-mail solicitation netting only three sales in the forum cannot form the basis for personal jurisdiction)
·  Lane v. Facebook, Inc. (Preliminary Approval and Notice Order), 2009 ILRWeb (P&F) 2867 [ND Cal] (Federal court gives preliminary approval to Facebook Beacon class action deal)
·  Live Earth, LLC v. Designers for Change Ltd., 2009 ILRWeb (P&F) 2869 [NAF] (Complainant's institution of the present case represents a glaring example of reverse domain name hijacking)
·  McNeil v. Sherman, 2009 ILRWeb (P&F) 2855 [D SC] (Contracting with South Carolina resident for web services satisfies jurisdiction there)
·  Proprietors of Strata Plan No. 36 v. Coral Gardens Resort Management, Ltd., 2009 ILRWeb (P&F) 2851 [ED Va] (Registration of domain name in Virginia insufficient to confer personal jurisdiction)
·  Soaring Helmet Corp. v. Nanal, Inc. (Notice of Voluntary Dismissal of Defendant Google, Inc.), 2009 ILRWeb (P&F) 2863 [WD Wash] (Google dismissed from AdWords lawsuit)
·  Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities (Final Rule; Extension of Waiver), 2009 ILRWeb (P&F) 2859 [FCC] (Consumer and Governmental Affairs Bureau extends for an additional year waivers of certain TRS mandatory minimum standards for Video Relay Service and Internet Protocol Relay)
·  Tricome v. eBay, Inc., 2009 ILRWeb (P&F) 2849 [ED Pa] (eBay forum selection clause not substantively unconscionable)
·  Tristar Products, Inc. v. SAS Group, Inc., 2009 ILRWeb (P&F) 2843 [D NJ] (Interactive website that gives visitors the option of selecting New Jersey as the ship-to destination is evidence of purposeful availment of the forum, even absent evidence of actual sales)
·  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. Iconix Brand Group, Inc. (Consent Decree and Order), 2009 ILRWeb (P&F) 2841 [SD NY] (Apparel marketer agrees to $250,000 fine for alleged COPPA, privacy notice breaches)
·  Vonage America, Inc. v. City of Seattle, 2009 ILRWeb (P&F) 2371 [Wash Ct App] (Vonage subject to Seattle's telephone utility tax based on the intrastate component of its VoIP service)
·  Wisconsin, State of v. Bowser, 2009 ILRWeb (P&F) 2369 [Wis Ct App] (Trial court did not erroneously exercise its discretion in denying defendant's request for a mirror image copy of computer hard drive in State's custody)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Jurin v. Google, Inc. (Complaint), 2009 ILRWeb (P&F) 2814 [ED Cal] (Trademark owner sues Google for its alleged unauthorized use of plaintiff's trademark as keyword search terms for competitors' advertisements)
·  Sears Holdings Management Corp., In re (Complaint), 2009 ILRWeb (P&F) 2464 [FTC] (FTC challenges Sears's deceptive data collection practices)
 
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 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  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.

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