January 20, 2010 
 

Latest News
·  Intellectual Property
·  Internet Commerce
·  Freedom of Speech
·  Telecommunications
·  Privacy & Security
·  Taxation
·  Criminal Liability
Latest Cases
Latest Pleadings, Motions, & Briefs
Latest Research from Pike & Fischer 
Events & Conferences
·  Social Networking in the Workplace - Recordings Now Available
·  Broadband Policy Summit VI - Implementing the National Plan
Internet Law Attorney Directory
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Latest News 
 
INTELLECTUAL PROPERTY
 
Alleged Unlocking of DVD Player Coding Created DMCA Standing for Manufacturer

Bose Corp. can proceed with Digital Millennium Copyright Act claims based on an individual's alleged unlocking of location-based access controls on Bose DVD players, the U.S. District Court for the District of Massachusetts ruled Jan. 14.  Bose BV v. Zavala, 2010 ILRWeb (P&F) 1025.  Subscribers read more ...

Other Intellectual Property news: 
 
·  UK Amends Digital Economy Bill, Removes Power to Change Law of Online Infringement
·  Association's Domain Name Becomes, on Incorporation, Wholly Corporate Property
·  Hollywood Unions Want FCC Use of Net Neutrality to Bolster Copyright Protection
·  Copyright Registration for Statutory Damages Is Not Superseded by Berne Convention
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Statehouses Begin 2010 with Measures on Digital Tax, Social Networks, Data Security

State legislatures looking to regulate on e-commerce matters face a daunting task. Hemmed in by federal preemption on most telecommunications and intellectual property law matters, by the constitutional dormant commerce clause doctrine, and by the inherently interstate nature of the Internet, state lawmakers have very little room to operate online. But it hasn't stopped them from trying.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Second Circuit: Antitrust Claims Challenging Internet Music Sales May Proceed to Trial
·  Cloud Service Claiming to Be 'World Leader' Held to Engage in Lawful Puffery, Not Fraud
·  University Kindle Textbook Accessibility Suit Settles
·  Competitive Harm from Alleged Software Misappropriation Was Not a CFAA 'Loss'
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Google Threatens to Quit China Over Hacking, Internet Censorship

Internet giant Google threatened to close its Chinese operations and stop censoring search results on its Chinese search site after announcing Jan. 13 that China-based hackers had attacked its corporate infrastructure to steal protected information and target human-rights activists.  Subscribers read more ...

Other Freedom of Speech news: 
 
·  Chinese Government Says Little in Response to Google Allegations
·  Supreme Court: California Court Likely Broke Notice Rules When Amending Webcast Policy
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Stakeholders Still Far Apart on Net Neutrality Regulations

A proposal by Federal Communications Commission Chairman Julius Genachowski to codify four existing neutrality "principles" with two more of his own was met with equal parts skepticism, relief, and dismay, with letters and comments flying fast to try to sway the commission's thinking on the long-running debate.  Subscribers read more ...

Other Telecommunications news: 
 
·  Stimulus Funds Go to 10 More States for Broadband Mapping, Planning
·  Broadband Deployment Has Limited Effect on Employment Rates, Salaries, Report Says
·  FCC Faces Tough Challenges to Get Money for Rural Broadband
·  Appeals Court Rejects Challenge to FCC Intercarrier Compensation Rule
·  NTIA, RUS Make $4.8 Billion Available for Broadband Deployment Initiatives
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
FTC Seen as Moving Toward Major Shift in Online Privacy Policy

As part of a major privacy initiative, the Federal Trade Commission is expected this year to issue a report recommending new policies on the collection and use of consumer data by businesses.   Subscribers read more ...

Other Privacy & Security news: 
 
·  Senate Commerce Chair Says Panel Will Mark Up Cyber Bill Early This Year
·  Data Privacy Expected to Be High Priority for House Commerce Panel
·  French High Court Affirms Employer's Right to Open Worker E-Mails Not Labeled Private
·  Article 29 Working Party Highlights BCRs, Search Engines in 2008 Annual Report
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
City May Use Contingency Fee Attorneys in Hotel Tax Case, California Court Rules

A California appellate court Jan. 5 affirmed a lower court's denial of a writ of mandate sought by online travel companies like Priceline.com, Inc. and Expedia, Inc. to bar the city of Anaheim from using contingency fee counsel in its litigation against the OTCs for alleged underpayment of hotel occupancy taxes.  Priceline.com, Inc. v. City of Anaheim, 2010 ILRWeb (P&F) 1019.  Subscribers read more ...

Subscribers may search ILR's Taxation database

CRIMINAL LIABILITY 
 
Nineteen Indicted in Texas for Fraud Targeting Telecom Companies

A federal grand jury in the Northern District of Texas returned a superseding indictment Jan. 5 charging 19 individuals in connection with what the U.S. Attorney called a "massive cybercrime conspiracy" to defraud various telecommunication companies.  Subscribers read more ...

Subscribers may search ILR's Criminal Liability database

Latest Cases 
 
·  Bose BV v. Zavala, 2010 ILRWeb (P&F) 1025 [D Mass] (Alleged unlocking of DVD player coding created DMCA standing for manufacturer)
·  Bruno B. v. Giraud & Migot, 2009 ILRWeb (P&F) 3339 [Cour de Cassation (France)] (French high court affirms employer's right to open worker e-mails not labeled private)
·  Core Communications, Inc. v. Federal Communications Commission, 2010 ILRWeb (P&F) 1007 [DC Cir] (Court upheld a 2008 FCC ruling asserting authority under the Telecommunications Act of 1996 to set rates to terminate ISP-bound traffic)
·  Elsevier B.V. v. UnitedHealth Group, Inc., 2010 ILRWeb (P&F) 1023 [SD NY] (Registration requirement to qualify for remedies under Section 412 of the Copyright Act is not superseded by the Berne Convention article rejecting formalities in international copyright ownership)
·  Hollingsworth v. Perry, 2010 ILRWeb (P&F) 1009 [US] (Supreme Court blocks scheduled webcast of federal trial court proceedings in California after concluding that the Northern District of California likely violated federal civil procedure rules when it amended its policies to permit webcasts)
·  I-CONN Healthcare Solutions, LLC v. Advanced Internet Technologies, Inc., 2010 ILRWeb (P&F) 1011 [NC Ct App] (Cloud computing service claiming to be 'world leader' held to engage in lawful puffery, not fraud based on its failure to live up to that standard)
·  National Federation of the Blind v. Arizona Board of Regents (Notice of Settlement), 2010 ILRWeb (P&F) 1017 [D Ariz] (Advocacy groups for the blind and university settle litigation involving the university's testing of an electronic textbook program using the Amazon Kindle DX)
·  Priceline.com, Inc. v. City of Anaheim, 2010 ILRWeb (P&F) 1019 [Cal Ct App] (Court rules city of Anaheim may use contingency fee counsel in litigation against OTCs for alleged underpayment of hotel occupancy taxes)
·  ReMedPar, Inc. v. AllParts Medical, LLC, 2010 ILRWeb (P&F) 1021 [MD Tenn] (Competitive injuries resulting from the alleged misappropriation of proprietary software applications were not CFAA "losses" because they were not caused by an interruption in service)
·  Reuter v. MasterCard International, Inc., 2010 ILRWeb (P&F) 1015 [Ill App Ct] (Credit card issuers lacked stake in outcome of Internet gambling, not liable under statute that permits recovery of illegal gambling losses)
·  Starr v. Sony BMG Music Entertainment, 2010 ILRWeb (P&F) 1005 [2d Cir] (Allegations that major music labels colluded to fix prices on Internet music sales may proceed to the merits; the allegations were not too vague to set out an actionable antitrust claim)
·  Third Education Group, Inc. v. Phelps, 28 ILR (P&F) 566 [ED Wis] (When an unincorporated association incorporates, thus subsuming the role of the association, all of the association's assets—including domain portfolios—automatically transfer to and become the property of the corporation)
·  Third Education Group, Inc. v. Phelps, 2009 ILRWeb (P&F) 3341 [ED Wis] (Defendant ordered to transfer or assign any interest in and control over domain names to plaintiff)
·  United States v. McCoy, 2009 ILRWeb (P&F) 3343 [MD Ga] (Motion to dismiss indictment against author of obscene stories posted on the Internet is denied)
·  Watch Systems LLC v. System Design Solutions, Inc., 2009 ILRWeb (P&F) 3345 [ED La] (Hacking into server establishes forum contacts for purposes of exercising jurisdiction)
·  Yeager v. Bowlin, 2010 ILRWeb (P&F) 1013 [ED Cal] (Statute of limitations bars privacy claims related to material posted on defendant's website because single publication rule applies to Internet postings)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  RealNetworks, Inc. v. DVD Copy Control Association, Inc. (Brief of Appellee DVD CCA), 2010 ILRWeb (P&F) 1008 [9th Cir] (DVD CCA argues district court did not abuse discretion by granting its motion for a preliminary injunction against RealNetworks)
·  RealNetworks, Inc. v. DVD Copy Control Association, Inc. (Studio Appellees' Answering Brief), 2010 ILRWeb (P&F) 1010 [9th Cir] (Studios argue district court correctly concluded that RealNetworks likely violated the DMCA)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Broadband Competition Outlook 2010 – New!
In this report, we offer more details on these trends and provide our forecasts on customer growth for new multichannel video services, residential high-speed Internet, IP telephony, and the features and applications that ride on those technologies.  Learn more about this research

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

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. Hear 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 – Implementing the National Plan
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 Now  Join us on LinkedIn

View all Events & Conferences

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