Latest News 
 
INTELLECTUAL PROPERTY
 
Court Affirms Construction of Term 'Local' in Proceeding Against Oracle Software 
 
The term "local," referring to memory devices attached to computers joined in a network, was correctly construed to mean a device directly attached to a single computer on the network, the U.S. Court of Appeals for the Federal Circuit ruled May 14.  Affirming a federal district court's claim construction ruling, the court also upheld an award of summary judgment in favor of Oracle Corp., which was defending software sold as part of its database software packages from a claim of patent infringement.  Mangosoft, Inc. v. Oracle Corp., 2008 ILRWeb (P&F) 1819.  Subscribers read more ...

Other Intellectual Property news:
 
·  Senate Judiciary Okays Orphan Works Bill with Included Managers' Amendment
·  Jury Holds Alleged Website Copier Liable for Contract Breach, Copyright Infringement
·  House, Senate Lack 'Votes, Leadership' to Pass Performance Rights Act, Issa Admits
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
MySpace Wins $224 Million Default Judgment for CAN-SPAM, State Anti-Phishing Violations 
 
In the largest award under the CAN-SPAM Act, and the first award made under California's anti-phishing law, two well-known Internet spammers were ordered May 12 by a federal judge in a default judgment to pay MySpace, Inc. more than $224 million for illegal "phishing" and spamming on MySpace's network in violation of the popular online networking site's terms of use contract and federal and state law.  MySpace, Inc. v. Wallace (Order Granting Motion for Default Judgments), 2008 ILRWeb (P&F) 1823.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  ADR Agreement Mentioned in E-Signed Employment Terms Incorporated Into Terms
·  Senate Resolution Calls for Continued Oversight of Internet Governance Body
·  OECD Says Urgent Action Needed to Head Off Internet Address Shortage
·  E-Commerce Sales in First Quarter Rise 13.6 Percent Above Year Ago
·  Deposition OK'd on Computer Access Authorization
·  Rehearing Granted on Virginia Anti-Spam Law Ruling
·  Craigslist Sues eBay, Claims Breach of Fiduciary Duty
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Senate to Consider Legislation Compelling U.S. Companies to Resist Internet Censorship 
 
The time may have come to make the goal of promoting free expression for foreign Internet users a legal—not just a moral—imperative for high technology companies, Sen. Richard J. Durbin (D-Ill.) said May 20.  U.S. Internet companies have provided a great deal of the infrastructure and services that enable the free exchange of information online, and that constant transfer and interactive dialogue is why the Internet has seen such wild success, Durbin said.  But he questioned whether these companies that have done so much to allow free speech should be permitted to pander to governments with oppressive censorship regimes in place.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Facebook Joins MySpace on Net Safety Task Force
·  Order Enjoining Future 'Defamatory' Web Comments Is Unlawful Prior Restraint
·  Court's Thoroughness No Grounds for Reconsideration of CDA Immunity Ruling 
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Panelists Debate Various FCC Options for Regulating Network Neutrality Practices 
 
Former government officials, now in the private sector, May 15 outlined the various ways that the Federal Communications Commission could regulate net neutrality and the likelihood that any would be upheld by the courts.  Separately, a group of public interest organizations released a study by the Max Planck Institute in Germany showing that both Comcast and Cox Communications are blocking web traffic over their networks at all hours.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  FCC Opens Rulemaking Proposal to Auction Public Safety Spectrum
·  McCormick Addresses Media Institute Urging Freedom for Broadband Providers
·  EarthLink 'Pulls the Plug' on Philadelphia WiFi Network
·  Carriers Cheer Farm Bill Provisions That Promote Broadband Deployment
·  Broadcasters Say Motorola Device Failed 'White Spaces' Interference Test
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
U.K. to Add Internet Traffic to Telecom Data Retention Law 
 
Telecommunication companies in the United Kingdom would have to keep logs of Internet traffic and make such data available to the police to combat terrorism and organized crime, under a proposed law to be introduced in Parliament in November, Prime Minister Gordon Brown announced May 13.  The Communications Data Bill, if passed during the 2008-2009 Parliament, would finalize the U.K.'s adoption of telecommunications data retention laws to implement the European Union's Directive 2006/24/EC.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Hoyer Says FISA Talks Still Ongoing; Feinstein Compromise 'On the Table'
·  Location-Based Mobile Services User Privacy Best Protected by Market, Industry Tells FTC
·  House Lawmakers Raise Concerns About ISP's Plan to Sell Customer Data
·  Third Party Access, Notice of Monitoring Vitiate Privacy Expectation in Office PC
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
NCSL Panel Wants SST Governing Board to Determine Small Business Exemption 
 
Federal legislation (S. 34) that would establish a $5 million threshold for businesses to be covered by the Streamlined Sales and Use Tax Agreement needs to be changed, a panel of state legislators recommended May 16.  If successful, the recommendation of the National Council of State Legislators would strip the threshold of $5 million in online commerce revenue from the Sales Tax Fairness and Simplification Act and hand determination of the threshold to the Streamlined Sales Tax Governing Board, Inc.  Subscribers read more ...

Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Actual Knowledge of Competitor's Location Is 'Something More' Satisfying 'Effects Test' 
 
A Canadian company that operated a website allegedly infringing a competitor's trademark, with actual knowledge that the competitor was located in Idaho, was subject to the specific personal jurisdiction of an Idaho court in an action arising from the operation of the website, the U.S. District Court for the District of Idaho held May 7.  The Canadian company's knowledge that its competitor was located in Idaho provided the "something more" necessary to satisfy the "effects test" for specific personal jurisdiction set forth in Calder v. Jones, 465 US 783 (1984).  Bear Mill, Inc. v. Teddy Mountain, Inc., 2008 ILRWeb (P&F) 1831.  Subscribers read more ...
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Woman Who Allegedly Used MySpace to Push Teen to Suicide Indicted Under CFAA 
 
A woman who allegedly created a false profile on the MySpace website and used that account to harass a teenaged girl who later committed suicide was indicted May 14 by a grand jury for violations of the federal Computer Fraud and Abuse Act.  The grand jury, sitting in the U.S. District Court for the Central District of California, indicted her for alleged violations of the CFAA, 18 USC §1030, stemming from her use of the social networking service in violation of its terms of use, finding that she may have accessed MySpace servers "without authorization."  United States v. Drew (Indictment), 2008 ILRWeb (P&F) 1812.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  Supreme Court Upholds Federal Statute That Outlaws Pandering of Child Pornography
·  Hackers Allegedly Stole Card Data in Transit During Authorization Process
·  Georgia Governor Perdue Signs Measure That Sets Criminal Penalties for Phishing
·  U.S., Romania Arrest, Indict Dozens in Major International Phishing Scheme
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Atlantic Recording Corp. v. Andersen (Findings and Recommendation; Fee Award), 2008 ILRWeb (P&F) 1821 [D Ore] (Magistrate judge recommends that $103,000+ in attorney's fees be awarded to woman who was targeted by record companies in now-dismissed P2P infringement action)
·  Bear Mill, Inc. v. Teddy Mountain, Inc., 2008 ILRWeb (P&F) 1831 [D Idaho] (Canadian company's knowledge that its competitor was located in Idaho provided the "something more" necessary to satisfy the "effects test" for specific personal jurisdiction)
·  Capitol Records, Inc. v. Thomas, 2008 ILRWeb (P&F) 1825 [D Minn] (Parties in P2P infringement suit given leave to file briefs addressing whether court erred in instructing jury that the act of making copyrighted recordings available for electronic distribution violates copyright owners' distribution right, regardless of whether actual distribution has been shown)
·  Castaneda v. Swift Transportation Corp., 2008 ILRWeb (P&F) 1715 [WD Tex] (ADR agreement mentioned in e-signed employment terms incorporated into terms)
·  Doe v. Friendfinder Network, Inc. (Order Denying Motion for Reconsideration), 2008 ILRWeb (P&F) 1805 (D NH] (Court's thoroughness no grounds for reconsideration of CDA immunity ruling)
·  Doe v. MySpace, Inc., 2008 ILRWeb (P&F) 1827 [5th Cir] (CDA bars negligence claims against MySpace)
·  Evans v. Evans, 2008 ILRWeb (P&F) 1817 [Cal Ct App] (Preliminary injunction prohibiting ex-wife from posting defamatory statements about ex-husband on Internet is overbroad, vague, and an unconstitutional prior restraint)
·  First Mortgage Corp. v. Baser, 2008 ILRWeb (P&F) 1719 [ND Ill] (Whether an employee exceeded authorized access to corporate servers in violation of the CFAA is a question of fact; employer is entitled to depose employee before responding to a motion to dismiss)
·  Healix Infusion Therapy, Inc. v. Helix Health, LLC, 2008 ILRWeb (P&F) 1717 [SD Tex] (Blog generally aimed at entire Internet not subject to jurisdiction wherever accessible)
·  Jaynes v. Commonwealth of Virginia (Order Granting Rehearing), 2008 ILRWeb (P&F) 1685 [Va Sup Ct] (Rehearing granted on Virginia anti-spam law ruling)
·  Mangosoft, Inc. v. Oracle Corp., 2008 ILRWeb (P&F) 1819 [Fed Cir] (Oracle did not infringe a patent relating to computer networking systems and methods that provide shared memory systems and services, as the district court properly construed the term "local" to mean a computer device (e.g., a hard drive) that is directly attached to a single computer's processor)
·  MySpace, Inc. v. Wallace (Order Granting Motion for Default Judgments), 2008 ILRWeb (P&F) 1823 [CD Cal] (Order awarding MySpace $157,390,200 in statutory damages for violations of the CAN-SPAM Act and over $4.7 million in attorney fees)
·  Southern California Regional Rail Authority v. Arkow, 2008 ILRWeb (P&F) 1833 [WIPO] (Respondent has legitimate interest in using domain names that incorporate complainant's trademark for noncommercial criticism websites)
·  United States v. Larson, 2008 ILRWeb (P&F) 1691 [CAAF] (Third party access, notice of monitoring vitiates privacy expectation in office PC)
·  United States v. Williams, 2008 ILRWeb (P&F) 1829 [US Sup Ct] (Supreme Court upholds federal statute that outlaws pandering of child pornography)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  craigslist, Inc. v. eBay, Inc. (Complaint), 2008 ILRWeb (P&F) 1810 [Cal Super Ct] (craigslist charges minority shareholder eBay with unfair trade practices)
·  United States v. Drew (Indictment), 2008 ILRWeb (P&F) 1812 [CD Cal] (Woman whose violation of MySpace's Terms of Service led to teen's suicide is charged with wrongfully using computer to commit tortious act)
·  United States v. Yastremskiy (Indictment), 2008 ILRWeb (P&F) 1426 [ED NY] (Hackers charged with installing electronic collection software onto the cash-register computer systems of national restaurant chain to steal credit and debit card number data during the payment authorization process)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

VoIP in the Business World: Market Forecast and Analysis - New!
This report compares the business-class VoIP offers from six carriers, detailing both the services for large enterprises and SMBs. We then project the market opportunity out to 2012, forecasting both numbers of business-class VoIP lines and resulting revenues. We predict that AT&T, Verizon and Qwest will capture the biggest share of large enterprises as VoIP customers, but will face competition in the SMB space from a variety of new entrants. Nine tables and charts are included.

Mobile Multimedia Service and Price Comparison 
In this report we closely examine the video/multimedia offerings and pricing schemes among the top wireless service providers, including AT&T, Verizon Wireless and Sprint Nextel. We rate each provider's offerings on ease of use, price, value and variety of content. AT&T and Verizon Wireless get the highest overall ratings.

Events & Conferences 
 
Broadband Policy Summit IV - Navigating the Digital Revolution
3 Weeks Left - Register Now!
The Westin Embassy Row, Washington, D.C., June 12 -13, 2008
Reserve your seat today at Washington's preeminent annual policy forum.  BPS IV will once again play host to the nation's top federal, state, and private sector players who will discuss and debate the critical issues facing the broadband industry, including the 700 MHz spectrum auction, wireless broadband, network management/net neutrality, broadband deployment and more.  Confirmed keynotes include FCC Commissioner Michael J. Copps, FTC Commissioner J. Thomas Rosch, Ambassador David Gross and Rep. Cliff Stearns (R-FL).  View the Summit program.  Group, academic and gov't rates available.  Interested in sponsoring?  Contact Todd Dale. 


Digital Risk Management Forum: Overcoming Legal Hurdles in the Web 2.0 World
September 16 - 17, 2008 - AED Conference Center - Washington, D.C.
Join us for our second annual legal forum on existing and potential liabilities facing Web 2.0 businesses.  We've expanded our program to include a half-day workshop on Web 2.0 essentials, and we've included panels addressing best practices for monetizing applications tied to personal information, legal remedies for victims of online gossip and rumor, proactive steps for avoiding Attorney General subpoenas, plus a whole lot more!  View the entire program.  Interested in participating in or sponsoring this legal symposium?  Contact Meg Hargreaves at 301-562-1530 x 229.

View all Events & Conferences

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