February 3, 2010 
 

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·  Intellectual Property
·  Internet Commerce
·  Telecommunications
·  Privacy & Security
·  Taxation
·  Jurisdiction & Procedure
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Latest Pleadings, Motions, & Briefs
Latest Research from Pike & Fischer 
Events & Conferences
·  Broadband Policy Summit VI - Ambassador Philip L. Verveer to Deliver Closing Keynote
·  Social Networking in the Workplace - Recordings Now Available
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Latest News 
 
INTELLECTUAL PROPERTY
 
Baidu Search Engine Beats Copyright Suit Music Industry Brought in Chinese Court

A Chinese court has ruled that Baidu—the country's largest search engine—did not infringe on international music labels' copyrights by supplying links that led users to unauthorized music file downloads.  The ruling from the Beijing No. 1 Intermediate People's Court on Jan. 25 came in a case filed in 2008 by Universal Music, Sony BMG Music Entertainment Hong Kong, and Warner Music Hong Kong.  Subscribers read more ...

Other Intellectual Property news: 
 
·  In Largest-Ever Domain Name Ruling, WIPO Arbitrator Transfers 1,519 Names
·  EU Telecom Operators Blast Anti-Counterfeit Trade Accord Talks
·  'Info-Communism' Challenge to Exclusive Property Rights Discussed at ITIF Event
·  High Court Lets Stand Ruling That Custom Playlist Service Is Covered by §114 License
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Online Sellers Support Federal Proposals to Restore Per Se Ban on Price-Fixing Deals

A 2007 Supreme Court decision that changed the way courts analyze the Sherman Act's application to alleged anti-competitive price-fixing deals among manufacturers and downstream distributors impedes online retailers' ability to compete with brick-and-mortar stores, attorneys said Jan. 27.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Web Terms of Service Reached Copyright Case Arising from Third-Party Application
·  Corporate Status, Justifiable Internet Cutoff Supported Enforcement of Liability Disclaimer
·  Loss of Potential Subscribership No Basis for Damages in Failed Broadband Contract
 
Subscribers may search ILR's Internet Commerce database

TELECOMMUNICATIONS 
 
Title II Reclassification of Broadband May Not Survive Challenge, McDowell Says

Reclassifying broadband services as "telecommunications" services under Title II of the Communications Act of 1934 would not likely survive an appeal, Robert McDowell, the senior Republican member of the Federal Communications Commission, said in a speech at the Free State Foundation Annual Winter Telecom Policy Conference Jan. 29.  Subscribers read more ...

Other Telecommunications news: 
 
·  Commerce Secretary Defends NTIA Management of Broadband Program
·  $418 Million Budgeted for Broadband as Spectrum User Fees Suggested Again
·  Obama Restates Net Neutrality Support, Endorses FCC Proposal to Enact Rules
·  Official Says National Broadband Plan Not to Be Seen as 'Tactical Plan' for FCC
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Cybersecurity Becoming Global Problem Requiring Cooperation of All, Including ICANN

Cybersecurity concerns—fears about viruses, phishing, spyware, bots, and other online ills—are growing amongst corporations and governments at a rate that far outpaces any one entity's ability to respond, a panel of security lawyers and industry representatives said Jan. 28.  The panelists speculated that cybercrimes will only continue to rise, and that responding will require an increasingly global response.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Looking to CFAA Cases, Court Rejects Agency-Based Approach to SCA Lawsuit
·  Dispute Over Cybertheft from Bank Account May Flesh Out Authentication Requirements
·  Congress Could See Impetus to Act in FBI Report, Facebook CEO Remarks
·  Microsoft Chief Lawyer Says Incoherent EU Regulations Stymie Cloud Computing
·  Statehouses Begin 2010 with Bills on Spyware, Spam, Social Networks
·  Federal Cybersecurity Coordinator Predicts Broad Network Security Reform Collaboration
·  Third Parties Weak Link in Data Breaches; Banks Top Phishing Targets, Studies Find
·  Tech Policy Group Said Close to Issuing Recommendations to Protect 'Cloud' Data
·  Website Privacy Not a Competitive Issue, for Most, but Becoming One for Search
·  N.Y. AG Investigates Online Retailers' Links to Discount Clubs, Settles with Fandango
·  Report Highlights Cybersecurity Concerns, Raises Doubts on Prevention, Enforcement
·  Device Firms Should Push Third Party Applications Makers to Protect Privacy
·  Canadian Privacy Commissioner Launches Second Investigation of Facebook Policies
·  Google Required to Litigate Trespass Suit Arising from Alleged Street View Intrusion
·  Leading Social Networks Say Self-Regulation Is Working, FTC Should Focus on Bad Actors
·  Proposal for FTC Rules on Cloud Computing Finds Industry Support at Silicon Valley Event
·  Bank Asks Court to Declare Its Data Security Reasonable in Wake of ID Theft Web Transfer
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
NCSL Adopts Position Against Affiliate Nexus as SSUTA Alternative

A National Conference of State Legislatures executive task force Jan. 29 approved by voice vote a letter to legislative leaders opposing efforts by some states to require collection of sales taxes on out-of-state purchases made through sellers that have a business relationship with a third-party seller in the state.  Subscribers read more ...

Other Taxation news: 
 
·  Communication Network Services Are Telecommunications Subject to N.Y. Sales Tax
·  New SSUTA President Outlines Renewed Effort for Receiving Collection Authority
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
E-Mail Service Held Appropriate for Foreign Website Operator with Falsified Whois Data

A foreign website operator whose e-mail contact information is valid but whose Whois contact information is not may be served by e-mail in a dispute over allegedly counterfeit goods sold on the site, the U.S. District Court for the Western District of Tennessee held Jan. 27.  Chanel, Inc. v. Song Xu, 2010 ILRWeb (P&F) 1081.  Subscribers read more ...

Subscribers may search ILR's Jurisdiction & Procedure database

Latest Cases 
 
·  American Booksellers Foundation for Free Expression v. Cordray, 2010 ILRWeb (P&F) 1065 [Ohio] (Ohio statute that prohibits the dissemination of material harmful to juveniles by "an electronic method of remotely transmitting information" is limited to personally directed devices such as instant messaging, person-to-person e-mails, and private chat rooms)
·  Asch Webhosting, Inc. v. Adelphia Business Solutions Investment, LLC, 2010 ILRWeb (P&F) 1075 [3d Cir] (Waiver of all claims arising from a commercial Internet service contract was properly enforced by a federal district court because it was neither unconscionable nor offensive to New Jersey public policy interests)
·  Boring v. Google, Inc., 2010 ILRWeb (P&F) 1067 [3d Cir] (Individual acting on behalf of Google engaged in trespass if he or she set foot on private property without permission to take photographs for Google's "Street View" mapping service)
·  Chanel, Inc. v. Song Xu, 2010 ILRWeb (P&F) 1081 [WD Tenn] (E-mail service held appropriate for foreign website operator with falsified Whois data)
·  Health Information Technology: Initial Set of Standards, Implementation Specifications, and Certification Criteria for Electronic Health Record Technology (Interim Final Rule), 2010 ILRWeb (P&F) 1059 [HHS] (HHS adopts standards, implementation specifications, and certification criteria to enhance the interoperability, functionality, utility, and security of health IT)
·  Howell Education Association MEA/NEA v. Howell Board of Education, 2010 ILRWeb (P&F) 1079 [Mich Ct App] (Personal e-mails were not rendered public records solely because they were captured in the e-mail system's digital memory)
·  Inter-Continental Hotels Corp. v. Kirchhof, 2010 ILRWeb (P&F) 1063 [WIPO] (Panelist issues largest-ever ruling in a dispute contesting ownership over more than 1,500 Internet domain names)
·  Kramer v. ATW Axtell Tech Wholesale, Inc., 2010 ILRWeb (P&F) 1077 [Iowa Ct App] (ISP's projection that technical difficulties with a wireless broadband network lost it the business of the majority of area subscribers is too speculative for damages)
·  Mandatory Deposit of Published Electronic Works Available Only Online (Interim Rule), 2010 ILRWeb (P&F) 1061 [Copyright Office] (Copyright Office establishes that online-only works are exempt from mandatory deposit until a demand for deposit of copies or phonorecords of such works is issued by the Copyright Office)
·  Miller v. Facebook, Inc., 2010 ILRWeb (P&F) 1041 [ND Ga] (Web terms of service reached copyright case arising from third-party application)
·  New York Office of Tax Policy Analysis Advisory Opinion TSB-A-09(17)C, 2009 ILRWeb (P&F) 3349 [NY Dep't Tax Fin] (IBM's communication network services are subject to N.Y. sales tax as telecommunications services)
·  Penrose Computer Marketgroup, Inc. v. Camin, 2010 ILRWeb (P&F) 1083 [ND NY] (Looking to CFAA cases, court rejects agency-based approach to SCA lawsuit)
·  Siesta Village Market LLC v. Steen, 2010 ILRWeb (P&F) 1069 [5th Cir] (Direct-shipping provisions of Texas liquor law do not violate dormant Commerce Clause)
·  Silver v. Brown, 2009 ILRWeb (P&F) 3103 [D NM] (Name of website does not provide sufficient contacts with New Mexico to provide court with jurisdiction over defendant)
·  United States v. Laich, 2010 ILRWeb (P&F) 1073 [ED Mich] (Permanent seizure of laptop by border control agents and then transporting it to another jurisdiction for further search was unreasonable)
·  Zynga Game Network, Inc. v. Does 1-5, 2010 ILRWeb (P&F) 1071 [ND Cal] (Plaintiff may serve subpoenas on third-party web hosting sites to identify the owners and operators of allegedly infringing websites)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Patco Construction Co. v. People's United Bank d/b/a Ocean Bank (Complaint), 2010 ILRWeb (P&F) 1018 [D Me] (Suit claims that bank's inadequate security procedures allowed computer hackers to steal several hundred thousand dollars from customer's account)
·  PlainsCapital Bank v. Hillary Machinery, Inc. (Complaint), 2009 ILRWeb (P&F) 3228 [ED Tex] (In the wake of an apparent case of online identity thieves stealing account funds, bank asks for a declaratory judgment that its Internet banking security system is "commercially reasonable")
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Broadband-enabled Gaming: A Budding Revenue Opportunity for Service Providers – New!
This report examines the U.S market opportunity that online gaming provides broadband service providers, and includes projections on users and annual gaming subscription revenues through 2014. Six tables and charts are included. Learn more about this research

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

Events & Conferences 
 

Broadband Policy Summit VI – Implementing the National Plan
Ambassador Philip L. Verveer to Deliver Closing Keynote
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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