December 9, 2009 
 
Social Networking in the Workplace – Next Week!
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·  Intellectual Property
·  Internet Commerce
·  Freedom of Speech
·  Telecommunications
·  Privacy & Security
·  Taxation
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·  Broadband Policy Summit VI - Advance Early Bird Discount
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Social Networking in the Workplace – Next Week!

Wednesday, December 16, 2009, 2:00 – 3:30 p.m. EST
Is blocking Facebook the answer ... or is it enough? That's the question facing many businesses as employees communicate electronically both on and off the clock. Join legal experts from Hogan & Hartson, Intel, and IBM as they identify the legal risks inherent in social networking, and offer practical solutions for minimizing those risks and maximizing the bottom line.  Learn More  Register Now

Latest News 
 
INTELLECTUAL PROPERTY
 
Trademark Owners Look to GNSO for Next Steps in New gTLD Rights Protection Battle

The comment period on the Internet Corporation for Assigned Names and Numbers's third draft applicant guidebook, which closed Nov. 22, drew a host of concerns and suggestions for many of the application process's more technical elements, but the scope of trademark protection did not see much in the way of direct comments or suggestions.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Brand Owners Should Keep Eye on Coming Internationalized Domain Names, Lawyers Say
·  News Groups Pledge to Continue Aggregator Crackdown, Services Say They Benefit News
·  Panelists Introduce New Technologies, Discuss Role of Innovation in Curbing Piracy
·  Stakeholders Revisit Bilski Oral Argument, Predict a Reasoned Decision by High Court
·  Court Denies Motion to Reconsider Amended Google Book Settlement Preliminary Approval
·  Common Sense Made 'Try Again' Step in E-Mail Distribution Method Obvious
·  Google Books Settlement Could Be Back Before Court, Foreign Litigation a Possibility
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Clickwrap Contract Need Not Adopt Specific Language, Be Repeatedly Clicked to Be Valid

So long as a clickwrap agreement containing a forum selection clause contains adequate notice of the clause, a user who clicks once to agree and exercises his contract rights is bound, regardless of the clause's particular wording, the U.S. District Court for the District of Maryland held Nov. 5.  LTVN Holdings LLC v. Odeh, 2009 ILRWeb (P&F) 3031.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Ninth Circuit: E-Mail Processing Not CAN-SPAM Harm
·  Google Limits Free News Content Through Updated 'First Click Free' Program
·  House Financial Services Leaders Duel Over How to Protect Against Web Gambling Risks
·  Top Credit Card Firms Questioned on 'Aggressive' Online Sales Tactics
·  Certification Is Granted in SRAM Class Action
·  Canadian House Passes Anti-Spam Bill, Measure Moves to Senate and Likely Passage
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Government Should Help Preserve Media Role in Civic Accountability, Officials Say

Congress is committed to ensuring the survival of the news media, Rep. Henry Waxman (D. Calif.) said Dec. 2 during the Federal Trade Commission's two-day workshop on the future of journalism. Despite the rise of instant Internet information, there remains an important need for the work done by traditional journalists, he said.  Subscribers read more ...

Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Cable Association Proposes Effort to Bring Broadband to Students in Low-Income Homes

The National Cable and Telecommunications Association Dec. 1 proposed a public-private partnership designed to bring broadband to millions of middle school students from low-income families.  Subscribers read more ...

Other Telecommunications news: 
 
·  Comcast-NBC Universal Deal Expected to Undergo Thorough Regulatory Review
·  European Commission Hails ECJ Support of Challenge to German 'Regulatory Holiday'
·  Cable Industry Urges Broader FCC Study of Innovation Issues in Video Device Market
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
ECPA Without Extraterritorial Effect, Inapplicable to E-Mail Intercepted Abroad

The Electronic Communications Privacy Act does not extend to e-mail interceptions and disclosures made outside of the United States, even if those interceptions are made by an American company hosting some U.S.-based servers, the U.S. District Court for the Northern District of California ruled Dec. 2.  Zheng v. Yahoo! Inc., 2009 ILRWeb (P&F) 3209.  Subscribers read more ...

Other Privacy & Security news: 
 
·  French High Court Rules Computer Folder Identified Only with Worker Initials Isn't Personal
·  FTC Chairman Leibowitz Announces Privacy-Related Staff Appointments
·  Experts: Awareness, Regulation Needed to Promote Privacy Enhancing Technologies
·  Federal Electronic Health Records Office to Gain Chief Privacy Officer, HHS Says
·  Reding Named to Lead EU Data Protection Efforts as New Commission Vice President
·  Judge Takes FTC to Task in Written Opinion, Explains Prior Nixing of Red Flags Rule for Lawyers
·  FTC Open Minded on Next Steps to Protect Online Privacy, FTC Chairman Leibowitz Says
·  Wide Gulf Between Firms, Consumer Groups Over Online Ads on Stage at FTC Roundtable
·  Outgoing FTC Commissioner Harbour Sees Lack of Prioritization of Privacy by Obama
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
CRIC Says Five New Issues Emerged Since 2008 SSUTA Recertification Review

Five heretofore unanticipated issues that are common to more than one state have surfaced in the annual recertification of states that are members in the Streamlined Sales and Use Tax Agreement, the committee that conducted the review announced Dec. 4.  Subscribers read more ...

Other Taxation news: 
 
·  Four New States Found in Compliance with SSUTA, Bringing Total Number to 18
 
Subscribers may search ILR's Taxation database 

Latest Cases 
 
·  American Bar Association v. Federal Trade Commission, 2009 ILRWeb (P&F) 3201 [D DC] (Judge takes FTC to task in written opinion, explains prior nixing of red flags rule for lawyers)
·  ASIS Internet Services v. Azoogle.com, Inc., 2009 ILRWeb (P&F) 3203 [9th Cir] (CAN-SPAM claim fails for lack of standing; mere cost of carrying spam over plaintiff's facilities does not constitute a harm as required by the statute)
·  Authors Guild, Inc. v. Google, Inc. (Order Denying Reconsideration of Preliminary Approval of Amended Settlement Agreement), 2009 ILRWeb (P&F) 3205 [SD NY] (Court denies motion to reconsider amended Google book settlement preliminary approval)
·  Cleary Building Corp. v. David A. Dame, Inc., 2009 ILRWeb (P&F) 3211 [D Colo] (Cybersquatting claim against operator of gripe site is dismissed)
·  Fair Isaac Corp. v. Experian Information Solutions, Inc., 2009 ILRWeb (P&F) 3073 [D Minn] (Keyword advertising claims fail because evidence did not show a likelihood of consumer confusion)
·  G & G v. Wikimedia Foundation, Inc., 2009 ILRWeb (P&F) 3215 [High Ct Just, QB (UK)] (Wikimedia ordered to disclose IP address of a registered user of Wikipedia who amended an article)
·  Global Policy Partners, LLC v. Yessin, 2009 ILRWeb (P&F) 3075 [ED Va] (ECPA claim arising from husband's access to wife's e-mail communications is dismissed as there was no "interception")
·  Jean-Michel X v. Seit Hydr'Eau, 2009 ILRWeb (P&F) 2923 [Cour de Cassation (France)] (French high court rules computer folder identified only with worker initials is not personal)
·  LTVN Holdings LLC v. Odeh, 2009 ILRWeb (P&F) 3031 [D Md] (Clickwrap contract need not adopt specific language, be repeatedly clicked to be valid)
·  National Collegiate Athletic Association v. Associated Press, 2009 ILRWeb (P&F) 2921 [Fla Dist Ct App] (An electronic document created and maintained by a private party on a secure website is subject to disclosure as a public record because the document was examined and used by a state agency for a public purpose)
·  Perfect Web Technologies, Inc. v. InfoUSA, Inc., 2009 ILRWeb (P&F) 3207 [Fed Cir] (Patent on an e-mail distribution method whose innovation was to "try again" when a first attempt failed to achieve its goal, was invalid for obviousness under a common sense analysis)
·  Regina v. Legare, 2009 ILRWeb (P&F) 3213 [Can Sup Ct] (Trial judge, in acquitting defendant, adopted an unduly restrictive construction of "luring a child" in a case involving an online chat)
·  Sony BMG Music Entertainment v. Tenenbaum, 2009 ILRWeb (P&F) 3217 [D Mass] (Widespread, unlimited file sharing does not constitute a "fair use" under the Copyright Act)
·  Static Random Access Memory (SRAM) Antitrust Litigation, In re, 2009 ILRWeb (P&F) 3071 [ND Cal] (Court grants class certification in litigation brought by indirect purchasers of Static Random Access Memory against the manufacturers)
·  Zheng v. Yahoo! Inc., 2009 ILRWeb (P&F) 3209 [ND Cal] (Complaint alleging that Yahoo! China disclosed information about Chinese dissidents to Chinese government in violation of ECPA is dismissed because ECPA does not apply outside the U.S.)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Electronic Frontier Foundation v. Department of Defense (Complaint for Injunctive Relief), 2009 ILRWeb (P&F) 3202 [ND Cal] (Public interest organization seeks records from the Department of Defense and five other agencies concerning the use of social-networking websites as investigative, surveillance, and data collection tools)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Clearwire and the Outlook for 4G Competition – New!
This report examines Clearwire's services and device strategy, its partnerships, and its financial status. We also provide a forecast on Clearwire's subscriber base and revenues, and an outlook on the impact that LTE's emergence will have on Clearwire's competitive strength and on WiMAX as a whole.  Learn more about this research

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

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

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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