Latest News 
 
INTELLECTUAL PROPERTY
 
Justices Seem to Question Patentability of Business Methods in Bilski Oral Argument

Questions asked by justices of the U.S. Supreme Court in a highly anticipated Nov. 9 oral argument seemed to express doubt that a method of hedging consumption risk in commodities should be patentable, and more generally hinted that the justices are suspicious of the concept of patenting a business method in the absence of a meaningful physical implementation.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Court Affirms Ruling That 'Mattress.com' Is Generic Term for Online Mattress Retailing
·  CRS Updates Report on Performance Rights Legislation
·  Senate Judiciary Committee Asks Espinel About Balancing IP Rights with Free Access
·  UK Report Calls for Updating Copyright System to Match User Expectations in Digital World
·  USTR Calls ACTA Talks 'Productive,' but Complaints About Secrecy Persist
·  Panelists Debate Extension of Copyright Enforcement Provisions Presumed in ACTA
·  Pictoral Copyright Holders' Intervention Motion in Google Books Settlement Denied
·  Parties in Google Book Dispute Request Extension to Submit Revised Settlement
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Networking Site Reaches Agreements with Texas, New York Attorneys General

The social networking site operated by Tagged, Inc. will change its membership solicitation practices and e-mail privacy policies and pay penalties of $750,000, under agreements announced Nov. 9 by the attorneys general of New York and Texas.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Technological Relationship Between Apple iPods, iTunes Did Not Create Unlawful Tie
·  With Nod to Citrin, Court Says Employees' Bad Intent Made Data Access Unauthorized
·  EU Agrees on New Internet User Rights, Protection from Arbitrary Crackdowns
·  WTO Members on Course for Ministerial Deals on E-Commerce, TRIPS Disputes
·  ACTA Leaves Out Competition, Innovation TRIPS Provisions, Nonprofits Tell Congress
 
Subscribers may search ILR's Internet Commerce database

TELECOMMUNICATIONS 
 
Comcast Appeal Looms Large as FCC Considers Codifying Net Neutrality Rules

Amid the shouting on the substantive pros and cons of the Federal Communications Commission's Oct. 22 notice of proposed rulemaking on net neutrality [FCC 09-93], a quieter but ultimately more important issue is being debated: Whether the FCC has the jurisdiction to regulate net neutrality in the first place, regardless of how it does so.  Subscribers read more ...

Other Telecommunications news: 
 
·  Boucher Draft Bill on Universal Service Praised by Industry, Other Stakeholders
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Madrid Conference Closes with Approval of Global, Non-Binding Privacy Standards

International data protection authorities in Madrid Nov. 6 released new non-binding global privacy standards approved without the vote of the United States, even as the debate over the direction of global data privacy regulation continued.  Subscribers read more ...

Other Privacy & Security news: 
 
·  FTC Expected to Wrap Up Privacy Roundtables by March
·  Social Networking Gives Employers New Tool to Collect Workforce Knowledge on Firms
·  Personal E-Mails About City Business Are Not Exempt from Washington Public Records Act
·  Senate Judiciary Approves Measure to Protect Consumers' Personal Data
·  Google Sets Up 'Dashboard' to Give Users Privacy Controls
·  House Judiciary Approves Bill to Revise PATRIOT Act Sections
·  Two Comments to FTC on Safe Harbor Proposed Settlements Urge Further Inquiry
·  Privacy Advocates Urge FTC, Lawmakers to Scrutinize Data-Sharing in Web Privacy Probe
·  EDPS Praises Changes to e-Privacy Directive, but Urges Broader Scope for Breach Notice
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Changes to Moratorium on Internet Taxes Could Boost Broadband Use, IT Group Says

Expanding and extending the moratorium on Internet taxes will help increase broadband adoption among consumers, the Information Technology and Innovation Foundation said in a report released Nov. 5.  Current law (Pub. L. No. 110-108) prohibits most state and local governments from taxing Internet access until Nov. 1, 2014.  Subscribers read more ...

Other Taxation news: 
 
·  Florida AG Sues Expedia, Orbitz Over Unpaid Hotel Sales Taxes
·  Streamlined Sales Tax Panel Offers Iowa Breathing Room on Noncompliance
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Hosting Sponsored Ad Links Targeting New York Not Enough for Jurisdiction There

Although some ads on a site sponsoring pay-per-click links may resolve to New York web addresses and companies, that contact will not, without more evidence of direct New York soliciting, support jurisdiction over the website owner there, the U.S. District Court for the Southern District of New York held Sept. 30.  Virgin Enterprises Ltd. v. Virgin Eyes LLC, 2009 ILRWeb (P&F) 2745.  Subscribers read more ...

Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Federal Agents Say Resources, Not Rules for Web Services, Key to Combating E-Fencing

Federal law enforcement agents told the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security Nov. 5 that online services are cooperating with their efforts to combat online sales of stolen property by organized crime groups, and that they do not need new procedural authority to ensure compliance with requests for information in connection with their investigations.  Subscribers read more ...

Subscribers may search ILR's Criminal Liability database

Latest Cases 
 
·  American Association of Blood Banks v. Boston Paternity, LLC, 2009 ILRWeb (P&F) 2375 [D Md] (Unauthorized use of another's trademark on website does not establish minimum contacts sufficient for personal jurisdiction)
·  Apple iPod iTunes Antitrust Litigation, 2009 ILRWeb (P&F) 2913 [ND Cal] (Antitrust claims against Apple alleging unlawful tying of its iTunes service and iPod players under a "rule of reason" theory failed because customers do not have to purchase an iPod to use iTunes)
·  Authors Guild v. Google, Inc., 2009 ILRWeb (P&F) 3003 [SD NY] (Pictoral copyright interest holders may not intervene in the Google Books Settlement because their request to intervene was untimely and their intervention would prejudice the parties to the settlement)
·  Diagnostic Devices, Inc. v. Pharma Supply, Inc., 2009 ILRWeb (P&F) 2911 [WD NC] (Court lacks jurisdiction over the registrant of a confusingly similar domain name where registrant did not target the forum)
·  Information Services Group, Inc. v. Rawlinson, 2009 ILRWeb (P&F) 3007 [Tex Ct App] (In the absence of any allegation that defendant purposefully directed any improper activity towards plaintiff's servers in Texas, defendant's business-related use of plaintiff's website and e-mail that happened to be routed through servers located in Texas is merely fortuitous)
·  Lasco Foods, Inc. v. Hall and Shaw Sales, Marketing, & Consulting, LLC, 2009 ILRWeb (P&F) 2905 [ED Mo] (The authorization that employees enjoy to access corporate data for legitimate business purposes does not extend to use of that information to form competing ventures)
·  Mechling v. City of Monroe, 2009 ILRWeb (P&F) 2907 [Wash Ct App] (Personal e-mails about city business are not exempt from Washington Public Records Act)
·  New Mexico Public Regulation Commission v. Vonage Holdings Corp., 2009 ILRWeb (P&F) 2373 [D NM] (Federal regulation preempts state regulation of telecommunications services that use VoIP)
·  1800Mattress.com IP, LLC, In re, 2009 ILRWeb (P&F) 3005 [Fed Cir] ('Mattress.com' is generic, unregistrable term for online provider of mattresses)
·  Pocket Kings Ltd. v. Safenames Ltd., 2009 ILRWeb (P&F) 2909 [High Ct Just, Ch Div (UK)] (British court refuses to enforce Kentucky seizure order involving gambling domain name)
·  Tagged, Inc., In re (Assurance of Discontinuance), 2009 ILRWeb (P&F) 3011 [NY Att'y Gen] (Social networking site reaches agreement with New York AG to change its membership solicitation practices and e-mail privacy policies)
·  Texas, State of v. Tagged, Inc. (Agreed Final Judgment and Permanent Injunction), 2009 ILRWeb (P&F) 3009 [Tex Dist Ct] (Social networking site reaches agreement with Texas AG to change its membership solicitation practices and e-mail privacy policies)
·  United States v. Shelnutt, 2009 ILRWeb (P&F) 3013 [MD Ga] (Rule 53 of the Federal Rules of Criminal Procedure prohibits "tweeting" from the courtroom)
·  Virgin Enterprises Ltd. v. Virgin Eyes LLC, 2009 ILRWeb (P&F) 2745 [SD NY] (Although some ads on a site sponsoring pay-per-click links may resolve to New York web addresses and companies, that contact will not, without more evidence, support jurisdiction over the website owner)
·  Wenger v. State of Texas, 2009 ILRWeb (P&F) 2147 [Tex Ct App] (Making digital files available to others through peer-to-peer file sharing software is "dissemination" within the meaning of Texas child porn law)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Florida, State of v. Expedia, Inc. (Complaint), 2009 ILRWeb (P&F) 3001 [Fla Cir Ct] (Florida AG files suit against online travel companies seeking a declaratory judgment that the OTCs' failure to remit appropriate sales taxes on the full retail price of hotel rooms violates state tax law)
·  Harris v. Facebook, Inc. (Class Action Complaint), 2009 ILRWeb (P&F) 2820 [ND Tex] (Class action alleging that Facebook's operation of its Beacon system renders it liable for civil conspiracy to violate the Video Privacy Protection Act)
·  Levinson Axelrod, P.A. v. Heyburn (Verified Complaint), 2009 ILRWeb (P&F) 3004 [NJ Super Ct] (Law firm sues former associate over gripe site)
·  Parts Geek, LLC v. U.S. Auto Parts Network, Inc. (Complaint), 2009 ILRWeb (P&F) 3002 [D NJ] (Plaintiff sues competitor and Google for their alleged use of plaintiff's trademark as an advertising keyword)
 
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?
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
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.

View all Events & Conferences

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