What's Next for D Block? - Audioconference Tomorrow!

A Pike & Fischer Audioconference, May 29, 2008—Register Now!
More than six years after 9/11, first responders still lack a nationwide interoperable communications network. And the latest attempt at modernization--the FCC's first attempt to auction the so-called "D Block" of the 700 MHz spectrum band to a public safety-private provider partnership--fell flat. What remains is a superior quality block of spectrum waiting to be dispensed, under rules not yet contrived. Join Pike & Fischer's experienced panel of D Block experts for a thoughtful and insight-laden discussion of the issues, challenges, and opportunities still unfolding in the 700 MHz saga.  Learn More  Register Now
 

Latest News 
 
INTELLECTUAL PROPERTY
 
Use of Plaintiff's Marks in Website Metatags Insufficient to Support Initial Interest Claim 
 
The use of a manufacturer's marks by a retailer in the retailer's website metatags and as search engine keywords in order to sell the manufacturer's genuine products does not constitute a misleading use supporting a finding of initial interest confusion, the U.S. District Court for the District of Arizona ruled May 20.  Granting summary judgment in the retailer's favor, the court explicitly disagreed with a 2006 decision by the U.S. Court of Appeals for the Tenth Circuit, which found initial interest confusion in similar circumstances.  Designer Skin, LLC v. S & L Vitamins, Inc., 2008 ILRWeb (P&F) 1843.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Copyright's First Sale Doctrine Permits eBay Sale of Used Software
·  Supreme Court Dismisses Cert Petition in Microsoft Patent Infringement Proceeding
·  Personal Computer Not 'Remote Interface' for Patent Describing Public Access Kiosks
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
National Association of Realtors Must Allow Internet Brokers Equal Competition 
 
The National Association of Realtors (NAR) May 27 reached a proposed settlement agreement with the Department of Justice that would give Internet real estate brokers more of an equal footing with traditional brokers through policy changes on both multiple listing services and referrals.  According to the settlement, NAR would change policies it adopted in 2003 and 2005 that required multiple listing services (MLSs) to allow traditional brokers the option of withholding their listings from the up and coming virtual office website (VOW) brokers.  United States v. National Association of Realtors (Stipulation of Proposed Final Judgment), 2008 ILRWeb (P&F) 1855.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  ALI Approves Tentative Proposed Principles of Law of Software Contracts
·  Some .edu Registrants Begin Exploiting, Permissibly, Their 'Educational' Designations
·  Wary EU Antitrust Officials to Study New Microsoft Interoperability Promise
·  NLRB General Counsel Issues Report Discussing Recent E-Mail Restriction Cases
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Claims that MySpace Negligently Allowed Underage Registration Barred by CDA 
 
The Communications Decency Act immunizes a social networking site from liability on claims that it was negligent in not protecting underage users from online child predators, the U.S. Court of Appeals for the Fifth Circuit held May 16.  The court held that CDA immunity extends to web publishers both for the presence of third-party content, and for that content's consequences.  An argument that MySpace was liable in negligence for abuse stemming from posted content was essentially an argument that MySpace was liable for the content itself, the court said, which the CDA, at 47 USC §230, immunized.  Doe v. MySpace, Inc., 2008 ILRWeb (P&F) 1827.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Knowledge That Web Comments Might Reach Subject Does Not Establish Intent
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Agreement in Principle Reached on Reconciling VoIP E-911 Measure 
 
House and Senate negotiators late May 20 reached an "agreement in principle" that would reconcile two versions of legislation (S. 428, H.R. 3403) to help Voice over Internet Protocol (VoIP) providers offer more reliable E-911 service.  Several sources within Congress and in the private sector confirmed to P&F parent BNA that an agreement had been reached, but that final language had not yet been drafted.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Google's Page Urges Adoption of Rules to Allow Use of White Spaces
·  Republicans Announce Compromise on FISA Telecom Immunity Provisions
·  Ninth Circuit Says FCC Should Decide VoIP Issue
·  Privacy Groups Reject Latest FISA Proposal Shielding Telecom Companies from Lawsuits
·  Martin Outlines June FCC Agenda, Will Hold Termination Fee Hearing
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Subpoena Seeking Six Weeks of E-Mail Quashed on ECPA, Overbreadth Grounds 
 
A civil discovery subpoena seeking all of a party's e-mail communications in a six-week window violated the plain language of the Electronic Communications Privacy Act and was overbroad, the U.S. District Court for the Eastern District of Virginia held April 18.  In the underlying case, State Farm Insurance subpoenaed Internet service provider AOL in order to obtain six weeks of the e-mails of two insurance adjusters who were witnesses in a lawsuit alleging the insurer committed fraud against the United States.  The adjusters moved to quash the subpoena, arguing that disclosing their e-mail would violate the Stored Communications Act amendments to ECPA.  In re Subpoena Duces Tecum to AOL, LLC, 24 ILR (P&F) 716.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Speaker Says Intercepted Online Activity May Breach Wiretap Act; Companies Disagree
·  Google Opens E-Health Records Site; Individuals Can Create Online Accounts
·  EU Working Party Urges Breach Notification to All Exposed, Not Just Telecom Subscribers
·  Survey Finds U.S. Employers Concerned About Data Security Breaches Via E-Mail
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Chicago Sues eBay, StubHub in Effort to Collect Lost Amusement Tax Revenues 
 
Frustrated with online ticket brokers who refuse to collect Chicago's amusement tax, the city May 19 took legal action against the operators of eBay and StubHub seeking potentially millions of dollars in taxes and penalties.  Chicago Corporation Counsel Mara Georges filed two separate suits in Cook County Circuit Court against the online auction site eBay and the Internet-based ticket reseller StubHub, which was acquired by eBay in January 2007.  Subscribers read more ...

Other Taxation news: 
 
·  Maine Enacts Changes to Sales and Use, Business Service Provider Tax Provisions
 
Subscribers may search ILR's Taxation database 

CRIMINAL LIABILITY 
 
Senate Approves Bill to Provide Sex Offender Registry to Websites 
 
The Senate late May 20 approved a bill that would add e-mail addresses and other Internet identifiers to the Justice Department's National Sex Offender Registry and make the list available to social networking websites to assist them with protecting minors from online predators.  The legislation (S. 431), called the "Keeping the Internet Devoid of Sexual-Predators Act" (KIDS Act), would require sex offenders to submit e-mail addresses or other Internet identifiers to law enforcement, to be placed on the national registry.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  U.S. Official Cites Doubts on Draft ITU International Cybersecurity Legislation
·  Payment E-Fraud Rises, Changes Rapidly; Chicago Fed Ups Analysis, Countermeasures
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  A.B. v. State of Indiana, 2008 ILRWeb (P&F) 1841 [Ind Sup Ct] (Knowledge that student's web comments might reach subject does not establish intent for harassment)
·  Clark v. Time Warner Cable, 24 ILR (P&F) 720 [9th Cir] (FCC is proper entity to take first shot at determining whether VoIP providers are "telecommunications carriers" for purposes of the 1996 Telecommunications Act)
·  Decisioning.com, Inc. v. Federated Department Stores, Inc., 2008 ILRWeb (P&F) 1839 [Fed Cir] (Personal computer not 'remote interface' for patent describing public access kiosks)
·  Definitions and Implementation Under the CAN-SPAM Act (Final Rule), 2008 ILRWeb (P&F) 1837 [FTC] (FTC issues final rules fielding CAN-SPAM compliance question)
·  Designer Skin, LLC v. S & L Vitamins, Inc., 2008 ILRWeb (P&F) 1843 [D Ariz] (Use of plaintiff's marks in website metatags insufficient to support initial interest claim)
·  Disney Enterprises, Inc. v. Showstash.com (Consent Judgment), 2008 ILRWeb (P&F) 1845 [CD Cal] (Movie studios awarded $2,765,000 against website for copyright infringement)
·  Doe v. MySpace, Inc., 2008 ILRWeb (P&F) 1827 [5th Cir] (Claims that MySpace negligently allowed underage registration barred by CDA)
·  Ferron v. Search Cactus, L.L.C., 2008 ILRWeb (P&F) 1725 [SD Ohio] (Allowing forensic computer expert to review and copy plaintiff's hard drive will not cause the loss of the attorney-client privilege)
·  Gerlinger v. Amazon.com, Inc., 2008 ILRWeb (P&F) 1853 [9th Cir] (Antitrust action challenging marketing agreement between Amazon.com and Borders properly dismissed for lack of standing) 
·  IP-Enabled Services, et al. (Final Rule; Extension of Waiver), 2008 ILRWeb (P&F) 1849 [FCC] (Consumer and Governmental Affairs Bureau grants interconnected VoIP providers an extension of time regarding 711-dialed calls)
·  Lenz v. Universal Music Corp., 2008 ILRWeb (P&F) 1721 [ND Cal] (Claim for declaratory relief arising from DMCA takedown notice dismissed for lack of subject matter jurisdiction)
·  Marvel Manufacturing Company, Inc. v. Koba Internet Sales, LP, 2008 ILRWeb (P&F) 1835 [WIPO] (Use of complainant's mark as a descriptive term in a domain name to signify the specific brand for which respondent was offering replacement parts was a bona fide use)
·  McAllister Software Systems, Inc. v. Schein, 2008 ILRWeb (P&F) 1723 [ED Mo] (Exclusive Distributor Agreement for software violates the Rule against Perpetuities)
·  New York, People of v. Rodriguez, 2008 ILRWeb (P&F) 1727 [NY City Crim Ct] (MySpace messages of "unrequited teenage love" do not amount to aggravated harassment)
·  Subpoena Duces Tecum to AOL, LLC, In re, 24 ILR (P&F) 716 [ED Va] (ECPA prohibits AOL from producing e-mails in response to civil discovery subpoena)
·  United States v. Amawi, 2008 ILRWeb (P&F) 1851 [ND Ohio] (Federal Public Defender is not a "government entity" covered by ECPA, so there is no statutory basis for authorizing the disclosure of e-mail communications)
·  United States v. National Association of Realtors (Stipulation of Proposed Final Judgment), 2008 ILRWeb (P&F) 1855 [ND Ill] (National Association of Realtors must allow Internet brokers equal competition)
·  Vernor v. Autodesk, Inc., 2008 ILRWeb (P&F) 1847 [WD Wash] (Sale of authentic, used copies of software over eBay was not infringing, because copyright owner's distribution rights were exhausted under first sale doctrine)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Viacom International, Inc. v. YouTube, Inc. (First Amended Complaint), 2008 ILRWeb (P&F) 1630 [SD NY] (Viacom seeks damages, declaratory and injunctive relief against YouTube for copyright infringement)
·  Viacom International, Inc. v. YouTube, Inc. (Defendants' Answer to First Amended Complaint), 2008 ILRWeb (P&F) 1816 [SD NY] (YouTube states that Viacom's claims of copyright infringement are barred in whole or in part because it is protected by the safe harbor provisions of the DMCA)
·  Yahoo! Inc. v. XYZ Companies 1-25 (Complaint), 2008 ILRWeb (P&F) 1818 [SD NY] (Yahoo sues unidentified spammers for sending messages claiming that recipients have won a lottery or prize from Yahoo)
·  Zango, Inc. v. Kaspersky Lab, Inc. (Reply Brief of Appellant), 2008 ILRWeb (P&F) 1814 [9th Cir] (CDA does not apply to a distributor of computer security software)
 
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
2 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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