January 6, 2010 
 

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·  Intellectual Property
·  Internet Commerce
·  Freedom of Speech
·  Telecommunications
·  Privacy & Security
·  Taxation
·  Jurisdiction & Procedure
·  Criminal Liability
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Latest Pleadings, Motions, & Briefs
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·  Social Networking in the Workplace - Recordings Now Available
·  Broadband Policy Summit VI - Advance Early Bird Discount
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Latest News 
 
INTELLECTUAL PROPERTY
 
Torrent Network Operators Held Liable for Inducing Infringement Through Sites' Design

Operators of torrent file-sharing networks were liable for inducing users' copyright infringement, which occurred on a massive scale, because they had reason to know about and encouraged the infringement, the U.S. District Court for the Central District of California held Dec. 21.  Columbia Pictures Industries, Inc. v. Fung, 2009 ILRWeb (P&F) 3285.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Claim That Company Domain Name Was 'Held Hostage' Is Actionable Under ACPA
·  Google Books Infringes French Copyrights, Fair Use Doctrine Inapplicable, Court Says
·  Publishers' Lawyer Says French Ruling Against Google Could Prove Très Cher
·  Internet Businesses Need Not Necessarily Submit Image with Specimen of Trademark
·  Lip-Synched Video Site Prompts Copyright Lawsuits
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Business Use of Social Networks Said to Carry Myriad Legal Liability Risks

Following initial hesitation, U.S. companies have moved quickly to adopt social networking tools in an effort to recruit new talent, improve internal and external communications, and open up new direct marketing relationships with consumers, several attorneys said at a Dec. 16 Pike & Fischer webinar.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Firm Needed to Ensure Recipients' Consent to Marketing E-Mails, German Court Rules
·  EC Threatens Legal Action to Enforce New Advertising Rules for Broadcasting
·  CAN-SPAM Preemption Clause Excluding 'Falsity or Deception' Not Limited to Fraud
·  Public Interest Groups Call on Congress, DOJ to Investigate 'TV Everywhere' Trend
·  iTunes Gift Card Marketing Lawsuit Survives Apple's Motion to Dismiss
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Online Service That Solicited Consumer Complaints Entitled to CDA Immunity in Defamation Case

An online service that was designed to attract consumer complaints for potential class litigation did not contribute to user-generated content in a manner that destroyed its protections under the Communications Decency Act, 47 USC §230, the U.S. Court of Appeals for the Fourth Circuit held Dec. 29.  Nemet Chevrolet, Ltd. v. Consumeraffairs.com, Inc., 2009 ILRWeb (P&F) 3291.  Subscribers read more ...

Other Freedom of Speech news: 
 
·  Defense Wins in Craigslist, Yahoo! Cases Strengthen CDA 230 Shield in 2009
·  Hyperlinks to Old Stories Held References to, Not Republications of, Linked Material
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Stimulus Funds Go Out to 15 States for Broadband Mapping, Planning

The National Telecommunications and Information Administration Dec. 22 announced that it has awarded 15 grants to fund broadband mapping and planning initiatives in Arizona, Florida, Georgia, Illinois, Michigan, Minnesota, Nevada, North Dakota, Ohio, Oregon, Puerto Rico, Rhode Island, South Carolina, South Dakota, and Tennessee.  Subscribers read more ...

Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Social Network Add-On User Says Breach of Unencrypted Data Created Risks Across Web

Developers of the RockYou social network application have put 32 million users at risk for fraud and identity theft by storing their e-mail addresses and passwords in a breached, unencrypted database, according to a complaint seeking class status filed in the U.S. District Court for the Northern District of California Dec. 28.  Claridge v. RockYou, Inc. (Class Action Complaint), 2009 ILRWeb (P&F) 3218.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Obama Selects Former Bush Adviser to Serve as New U.S. Cyber Coordinator
·  Citigroup Denies Reports of Massive Cyberattack, Tens of Millions in Lost Dollars
·  E-Mails at Work to Personal Counsel Are Privileged Despite Employer Access
·  Web Marketing Group Reports Deficiencies in Notices About Advertising Partnerships
·  Proposed Rule, Interim Final Rule Released for 'Meaningful Use' of E-Health Records
·  Russia Pushes Back Database Compliance Deadline, Drops Encryption Requirement
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Sixth Circuit Finds Online Travel Companies Not Subject to Kentucky Transient Room Tax

The U.S. Court of Appeals for the Sixth Circuit Dec. 22 found that Hotels.com, L.P. and other online travel companies did not violate the tax ordinances of two Kentucky counties when the companies failed to collect transient room taxes on the full amount the companies charged customers.  Louisville/Jefferson County Metro Government v. Hotels.com, L.P., 2009 ILRWeb (P&F) 3275.  Subscribers read more ...

Other Taxation news: 
 
·  Court Dismisses Chicago's Claim eBay Failed to Tax Ticket Resales to City Events
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Publishers Allowed to Seek Account Data from AT&T, Google About Alleged Hackers

Magazine publishers may lawfully subpoena account information from AT&T and Google that could identify individuals who allegedly hacked into their computer system, retrieved copyrighted content about an upcoming magazine issue, and posted it online, the U.S. District Court for the Southern District of New York ruled Dec. 22.  Advance Magazine Publishers, Inc. v. Does 1-5 (Order Authorizing Immediate Discovery), 2009 ILRWeb (P&F) 3279.  Subscribers read more ...

Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Google Quickly Pulled Offensive Video, Violated No Law, Defense Says in Closing

Attorneys for Google, Inc. said Dec. 23 in a Milan courtroom that the company was not guilty of any wrongdoing in a nearly year-old privacy and criminal defamation case, according to a transcript of the defense's closing arguments obtained Dec. 28.  Subscribers read more ...

Other Criminal Liability news: 
 
·  Heartland, Hannaford Hacker Pleads Guilty in Breach of Retail, Financial Organizations
 
Subscribers may search ILR's Criminal Liability database

Latest Cases 
 
·  AcademyOne, Inc. v. CollegeSource, Inc., 2009 ILRWeb (P&F) 3297 [ED Pa] (Cybersquatting claim fails in the absence of a valid and protectable trademark)
·  Advance Magazine Publishers, Inc. v. Does 1-5 (Order Authorizing Immediate Discovery), 2009 ILRWeb (P&F) 3279 [SD NY] (Magazine publishers may lawfully subpoena account information from AT&T and Google that could identify alleged hackers)
·  Amburgy v. Express Scripts, Inc., 2009 ILRWeb (P&F) 3093 [ED Mo] (Plaintiff lacks standing to pursue claims resulting from computerized data breach)
·  Asis Internet Services v. Subscriberbase, Inc., 2009 ILRWeb (P&F) 3287 [ND Cal] (CAN-SPAM Act's preemption clause, which does not cover state-law claims alleging "falsity or deception," reaches more broadly than common law fraud claims)
·  Blockowicz v. Williams, 2009 ILRWeb (P&F) 3305 [ND Ill] (Court will not enforce permanent injunction against third-party website providers to compel them to remove defamatory material from their sites)
·  Chicago, City of v. eBay, Inc., 2009 ILRWeb (P&F) 3283 [ND Ill] (Court dismisses Chicago's claim that eBay failed to pay the city's amusement tax on ticket resales to city events)
·  Columbia Pictures Industries, Inc. v. Fung, 2009 ILRWeb (P&F) 3285 [CD Cal] (BitTorrent websites liable for inducement of infringement; DMCA safe harbor inapplicable)
·  Convertino v. United States Department of Justice, 2009 ILRWeb (P&F) 3231 [D DC] (Messages that a federal prosecutor exchanged with his personal counsel through his government e-mail account are privileged even though DOJ had access to the e-mails)
·  Crawford v. Consumer Depot, LLC, 2009 ILRWeb (P&F) 3307 [Tenn Cir Ct] (Breach of contract claim may proceed against eBay in action arising from alleged shill bidding)
·  Editions du Seuil v. Google, Inc., 2009 ILRWeb (P&F) 3277 [TGI Paris (France)] (Court rules Google Books infringes French copyrights, fair use doctrine inapplicable)
·  Global Policy Partners, LLC v. Yessin, 28 ILR (P&F) 554 [ED Va] (Covertly reading co-worker's e-mail not 'authorized' access, even for manager)
·  Google, Inc. v. 207 Media, 2009 ILRWeb (P&F) 3295 [NAF] (Domain name "groovle.com" not confusingly similar to Google mark)
·  Joseph Oat Holdings, Inc. v. RCM Digesters, Inc., 2009 ILRWeb (P&F) 3271 [D NJ] (Claim that company domain name was 'held hostage' by departing corporate partners is actionable under ACPA, even though they never used the domain name in any traditional sense)
·  King Pharmaceuticals, Inc. v. Zymogenetics, Inc., 2009 ILRWeb (P&F) 3301 [ED Tenn] (Preliminary injunction not warranted where plaintiff ceased using defendant's mark as a Google AdWord)
·  Louisville/Jefferson County Metro Government v. Hotels.com, L.P., 2009 ILRWeb (P&F) 3275 [6th Cir] (Court finds online travel companies did not violate Kentucky tax ordinances when they failed to collect transient room taxes on the full amount the companies charged customers)
·  Nemet Chevrolet, Ltd. v. Consumeraffairs.com, Inc., 2009 ILRWeb (P&F) 3291 [4th Cir] (Consumer gripe site entitled to CDA immunity where plaintiff failed to plead facts showing that site operator was "information content provider")
·  New York, People of v. Carmichael, 2009 ILRWeb (P&F) 3289 [NY App Div] (Juror's Internet research did not prejudice defendant)
·  Owens v. Apple, Inc., 2009 ILRWeb (P&F) 3299 [SD Ill] (iTunes gift card marketing lawsuit survives Apple's motion to dismiss)
·  Project DOD, Inc. v. Federici, 2009 ILRWeb (P&F) 3293 [D Me] ("Reverse DMCA" case against copyright holder is dismissed for lacked of personal jurisdiction)
·  Salyer v. Southern Poverty Law Center, Inc., 2009 ILRWeb (P&F) 3273 [WD Ky] (A hyperlink that does no more than provide a back cite to a previously published article does not republish that article for purposes of the single publication rule)
·  Sones, In re, 2009 ILRWeb (P&F) 3281 [Fed Cir] (A specimen of use from a website does not necessarily have to include an image of the goods being associated with a trademark registered originally through an intent-to-use application)
·  Zerospam Security, Inc. v. Internet Retail Billing, Inc., 2009 ILRWeb (P&F) 3303 [WIPO] (Complainant fails to show that respondent lacks a right or legitimate interest in domain name "zerospam.com," which is a descriptive phrase)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Advance Magazine Publishers, Inc. v. Does 1-5 (Complaint), 2009 ILRWeb (P&F) 3216 [SD NY] (Magazine publishers allege violations of the Copyright Act and the CFAA when defendants accessed their computer system without authorization and copied editorial content)
·  Capitol Records, LLC v. Vimeo, LLC (Complaint), 2009 ILRWeb (P&F) 3220 [SD NY] (Complaint alleges that online service that permits users to upload videos featuring lip-synched performances of copyrighted songs infringes recording industry copyrights)
·  Claridge v. RockYou, Inc. (Class Action Complaint), 2009 ILRWeb (P&F) 3218 [ND Cal] (Complaint alleges that online app developer failed to secure and safeguard users' personally identifiable information)
·  EMI Blackwood Music, Inc. v. Vimeo, LLC (Complaint), 2009 ILRWeb (P&F) 3222 [SD NY] (Complaint alleges that online service that permits users to upload videos featuring lip-synched performances of copyrighted songs infringes recording industry copyrights)
·  Sony BMG Music Entertainment v. Tenenbaum (Defendant's Motion and Memorandum for New Trial or Remittitur), 2010 ILRWeb (P&F) 1000 [D Mass] (P2P user argues that jury's damage award was grossly excessive and violates due process)
 
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
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
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 
 

Social Networking in the Workplace: Maximizing Benefits and Minimizing Legal Risks for Business – Recordings Now Available
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  Order Now


Broadband Policy Summit VI
Advance Early Bird Discount – Save $200 – Expires January 8, 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 8 at Early Bird Rates and save $200.  Learn More  Join us on LinkedIn

View all Events & Conferences

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