January 27, 2010 
 

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·  Intellectual Property
·  Internet Commerce
·  Freedom of Speech
·  Telecommunications
·  Privacy & Security
·  Taxation
·  Jurisdiction & Procedure
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Latest Pleadings, Motions, & Briefs
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·  Broadband Policy Summit VI - Implementing the National Plan
·  Social Networking in the Workplace - Recordings Now Available
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Latest News 
 
INTELLECTUAL PROPERTY
 
Keyword Ads Case Development Reveals Courts Are Finding Benefits to Competition

More courts are ruling that keyword ads are valuable to consumers and the competitive process and that the balancing test for keyword trademark infringement is a fact issue, not an issue of likelihood of confusion, Jonathan Moskin, a partner at Foley & Lardner, New York, said Jan. 19 during a Foley webcast.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Accused Cybersquatter Barred from Using Domains Similar to Merged Banks' Marks
·  Copyright Alliance Opposes Unauthorized Public Access to Copyrighted Journal Works
·  Court Reduces Award Against Online File Sharer from $2 Million to $54,000
·  French Copyright Ruling Spells Trouble for eBay, Other Internet Service Providers
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
E-Mail Marketer e360Insight Agrees to Stop Transmitting to Comcast Subscribers

E-mail marketing firm e360Insight may not send commercial e-mail messages to Comcast-operated accounts unless it has affirmative consent from each recipient, according to a consent decree and settlement agreement filed Jan. 19 in the U.S. District Court for the Northern District of Illinois.  e360Insight, LLC v. Comcast Corp. (Consent Decree & Settlement Agreement), 2010 ILRWeb (P&F) 1057.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Chinese Search Engine Sues U.S. Company Over Hacking
·  Marketing Groups Call for Senate Hearing About Proposed FTC Rulemaking Reforms
·  EU Agency Says Spam Fight Stabilized; Reporting, Blacklists Need Improvement
·  EU Regulator Drops Opposition, OKs Oracle's $7.4 Billion Sun Takeover
·  Confidential Files Sent to Personal E-Mail Address Caused No CFAA 'Damage' or 'Loss'
·  Rockefeller Says More Work Must Be Done to Combat Misleading Online Sales Practices
·  China Denies Any Involvement in Hacking Attacks Against U.S. Companies
·  USTR Waiting for Chinese Response on Google Dispute, No Decision on WTO Case
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Clinton Calls on U.S. Firms to Resist Foreign Internet Censorship Policies

Secretary of State Hillary Clinton Jan. 21 called on U.S. companies to take an active role in challenging foreign governments that engage in Internet censorship.  Clinton raised the issue in a key "online freedom" speech that followed recent concerns over censorship policies in China.  Subscribers read more ...

Other Freedom of Speech news: 
 
·  China Says Clinton Speech on Internet Will Damage Relationship with U.S.
·  FCC to Study Future of Journalism; Baker Calls for 'Modest' Government Role
·  Health Department Could Be Sued for Libel, Not Negligence, for Online Discipline Report
·  Tweet Questioning Landlord's Service Deemed Not Actionable as Defamation
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FCC Official Says Broadband Plan to Have Smart Grid Recommendations

The plan being prepared by the Federal Communications Commission to meet a congressional mandate to give every U.S. home access to high-speed Internet service will include recommendations for bringing broadband to the smart grid, an agency official said.  Subscribers read more ...

Other Telecommunications news: 
 
·  House Panel Moves to Free Up Airwaves for Wireless Broadband
·  Education Critical to Closing Digital Divide, FCC Official Levin Says, Citing Basic Skills
·  Industry Groups Urge FCC to Keep Privacy Issues Out of Broadband Plan
·  Comcast Exec Touts 'TV Everywhere' as Value-Added Benefit for Customers
·  Telecom Issues May Be Moved to Back Burner in 2010, Experts Say
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Privacy Groups Oppose Facebook Beacon Settlement

Privacy and consumer advocacy groups wrote to the U.S. District Court for the Northern District of California Jan. 15, complaining that a proposed settlement of privacy and computer crime claims against the Facebook social network is deficient and adverse to the interests of the represented class.  Lane v. Facebook, Inc. (Letter in Opposition to Proposed Settlement), 2010 ILRWeb (P&F) 1016.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Microsoft Calls on Congress to Address Cloud Computing
·  Canada Launches Series of Consultations on Privacy, Starting with Online Tracking
·  EU Parliament Warns SWIFT Agreement Could Fall Without Data Privacy Guarantees
·  Microsoft Reduces Retention of Web Searchers' IP Addresses
·  CNIL Welcomes Microsoft Move on Data but Says It Still Falls Short of EU Standards
·  New UK Penalty Authority Means All EU May Now Fine Data Protection Violators
·  Google Tells Article 29 Working Party It Will Stick to Nine Month User IP Retention Period
·  UK ICO to Probe Alleged Sale of Records on 4.5 Million Online Betting Firm Customers
·  FBI Surveillance, Microsoft Cloud Report, Facebook CEO Comments May Push Congress
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
U.S. Supreme Court Finds New York City May Not Make RICO Claims in Tax Case

The U.S. Supreme Court Jan. 25 found that New York City could not assert civil tax claims under the Racketeer Influenced and Corrupt Organizations Act against out-of-state vendors who allegedly sold cigarettes to city residents over the Internet without reporting the sales to the state.  Hemi Group, LLC v. City of New York, 2010 ILRWeb (P&F) 1049.  Subscribers read more ...

Other Taxation news: 
 
·  Texas Judge Sides with Online Travel Companies Against City of Houston
·  Focus Group Offers Specifics on SSUTA Framework for Vendor Compensation
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
E-Mailed Settlement Notices Held Inadequate Since Party Had Members' Postal Addresses

E-mailed notices of a class action settlement were insufficient to protect class members' procedural due process rights, the Ohio Court of Appeals, Eleventh District, ruled Dec. 24.  The company sending the notices had access to recipients' postal addresses, Judge Colleen Mary O'Toole found. As a result, in order for the notice to satisfy Ohio—and federal—rules of civil procedure, they should have been sent via U.S. mail.  West v. Carfax, Inc., 2009 ILRWeb (P&F) 3317.  Subscribers read more ...

Subscribers may search ILR's Jurisdiction & Procedure database

Latest Cases 
 
·  Brain Research Labs, LLC v. Clarke, 2010 ILRWeb (P&F) 1051 [Cal Super Ct] (Defamation action based on attorney's YouTube video not subject to dismissal under anti-SLAPP statute)
·  Capitol Records, Inc. v. Thomas-Rasset, 2010 ILRWeb (P&F) 1045 [D Minn] (Court reduces award against online file sharer from $2 million to $54,000)
·  e360Insight, LLC v. Comcast Corp. (Consent Decree & Settlement Agreement), 2010 ILRWeb (P&F) 1057 [ND Ill] (E-mail marketer e360Insight agrees to stop transmitting to Comcast subscribers)
·  Family Winemakers of California v. Jenkins, 2010 ILRWeb (P&F) 1027 [1st Cir] (Massachusetts statute that regulates the direct shipment of wine discriminates against interstate commerce in violation of the Commerce Clause)
·  FragranceNet.com, Inc. v. FragranceX.com, Inc., 2010 ILRWeb (P&F) 1043 [ED NY] (Copyright and trademark law claims against online perfume vendor survive motion to dismiss)
·  Hechtman v. Connecticut Department of Public Health, 2009 ILRWeb (P&F) 3347 [Conn Super Ct] (Health Department could be sued for libel, not negligence, for online discipline report)
·  Hemi Group, LLC v. City of New York, 2010 ILRWeb (P&F) 1049 [US] (Court finds that New York City could not assert civil tax claims under RICO against out-of-state vendors who allegedly sold cigarettes to city residents over the Internet without reporting the sales to the state)
·  Horizon Group Management LLC v. Bonnen, 2010 ILRWeb (P&F) 1055 [Ill Cir Ct] (Tweet questioning landlord's service deemed not actionable as defamation)
·  Jensen v. Modern Aero, Inc., 2010 ILRWeb (P&F) 1039 [Minn Ct App] (Defendant's website, which posts toll-free number and inquiry form, does not weigh in favor of general personal jurisdiction)
·  Jewel v. National Security Agency, 2010 ILRWeb (P&F) 1047 [ND Cal] (Case alleging warrantless electronic surveillance of telephone and e-mail communications is dismissed because plaintiffs lack particularized injury to afford them standing)
·  Miller v. Facebook, Inc., 2010 ILRWeb (P&F) 1041 [ND Ga] (Court enforces forum selection clause in Facebook's TOU)
·  Mintel International Group, Ltd. v. Neergheen, 2010 ILRWeb (P&F) 1035 [ND Ill] (Disloyal employee's sending of confidential files to his personal e-mail account was not a "damage" or "loss" actionable under CFAA)
·  SalesTraq America, LLC v. Zyskowski, 2010 ILRWeb (P&F) 1031 [D Nev] (Owner of website compilation of floor plans cannot maintain copyright infringement action against party who copied website contents because floor plans are uncopyrightable facts)
·  Télécom Italia f/k/a Tiscali v. Dargaud Lombard, 2010 ILRWeb (P&F) 1037 [Cour de Cassation (France)] (Host service provider could not benefit from infringement liability exception under French law, because its services extended well beyond simple, technical hosting, to include publishing and providing advertising space)
·  Third Education Group, Inc. v. Phelps, 2010 ILRWeb (P&F) 1029 [ED Wis] (Court stands by its conclusion that former corporate officer had a subjective good faith belief of copyright ownership when he issued DMCA take-down notices)
·  United States v. Love, 2010 ILRWeb (P&F) 1053 [DC Cir] (A condition of supervised release banning Internet use subject to Probation Office approval is appropriate for those who use the Internet to "initiate or facilitate the victimization of children")
·  United States v. Mann, 2010 ILRWeb (P&F) 1033 [7th Cir] (A search that uncovered child pornography on defendants' computer did not exceed the scope of a warrant to uncover images of voyeurism, although the failure to stop the search and request a separate warrant for child pornography is "troubling")
·  Webadviso v. Bank of America Corp., 2009 ILRWeb (P&F) 3321 [SD NY] (Accused cybersquatter barred from using domains similar to merged banks' marks)
·  West v. Carfax, Inc., 2009 ILRWeb (P&F) 3317 [Ohio Ct App] (E-mailed notices of a class action settlement were insufficient to protect class members' procedural due process rights)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Baidu, Inc. v. Register.com, Inc. (Complaint), 2010 ILRWeb (P&F) 1012 [SD NY] (Leading Chinese search engine sues Register.com for negligence over a hacking attack)
·  Lane v. Facebook, Inc. (Letter in Opposition to Proposed Settlement), 2010 ILRWeb (P&F) 1016 [ND Cal] (Privacy and consumer advocacy groups oppose Facebook Beacon settlement)
·  Sony BMG Music Entertainment v. Tenenbaum (United States of America's Memorandum in Response to Defendant's Motion for New Trial or Remittitur, et al.), 2010 ILRWeb (P&F) 1014 [D Mass] (DOJ argues that the Copyright Act's statutory damages provision satisfies due process)
 
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
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 
 

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


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

View all Events & Conferences

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