Broadband Policy Summit IV - Tomorrow - Register Now!

Broadband Policy Summit IV - Navigating the Digital Revolution
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.
 

Latest News 
 
INTELLECTUAL PROPERTY
 
Patent Exhaustion Doctrine Applies to Permit Post-Sale Use of Claimed Methods 
 
The patent exhaustion doctrine applies to method patents, and the law does not allow a patentee to make an "end run" around the exhaustion doctrine by drafting claims in the form of methods, the U.S. Supreme Court ruled unanimously June 9 in an opinion by Justice Clarence Thomas, thwarting a patent owner's attempt to collect royalties from multiple points in the chain of users incorporating its patent devices.  Reversing the U.S. Court of Appeals for the Federal Circuit, the court also concluded that a licensing agreement at issue in the case authorized sales of components embodying the patents in suit, thus resulting in exhaustion of the patents.  Quanta Computer, Inc. v. LG Electronics, Inc., 2008 ILRWeb (P&F) 2003.  Subscribers read more ...

Other Intellectual Property news:
 
·  Report Finds Phishing on Decline but Attacks Grow More Sophisticated
·  Trade Secret Action Accrues When Owner Has Reason to Suspect Misappropriation
·  'Real News' for News Service Not Distinctive, Unprotectable as Trademark
·  Copyright Office Proposes Rules Covering Digital Broadcast Retransmission Royalties
·  Belgian Press Association Sues Google, Calling Google's Caching Copyright Violation
·  White House Announces Appointment of Commerce Department IP Coordinator
·  European Court of Justice to Consider Google Ruling by French Cassation Court
·  Three Years Later, Google Book Search, Mass Digitization, Continue to Spark Debate
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Verizon, Time Warner, Sprint Agree on Steps to Block Child Pornography 
 
Three of the world's largest Internet service providers have agreed to shut down access to Internet news groups and websites that carry images of child pornography, New York Attorney General Andrew M. Cuomo (D) announced June 10.  In what Cuomo called an unprecedented, "landmark" set of agreements, the three ISPs—Verizon, Time Warner Cable, and Sprint—will also pay a total of $1.125 million to help efforts against child pornography by the attorney general's office and the National Center for Missing and Exploited Children.  NCMEC maintains a registry of illegal child pornography sites.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Court Enjoins Business That Allegedly Billed for Unwanted Website Services
·  Ad Service Sued for Alleged Failure to Stem Fraud
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Student's Offensive School-Related Blog Post Not Protected Under First Amendment 
 
Offensive, vulgar comments posted on a student's personal blog for the apparent purpose of inciting a campus response create a risk of school disruption, and may be regulated by administrators without running afoul of the student's free speech rights, the U.S. Court of Appeals for the Second Circuit held May 29.  The court denied a preliminary injunction to a student who had been prohibited for running for class office after her high school discovered offensive school-related content on her blog.  Doninger v. Niehoff, 2008 ILRWeb (P&F) 1865.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Federal Anti-Cyberbullying Bill Raises First Amendment Questions
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FCC's Martin Presses for July Vote on Broadband Spectrum Auction 
 
Federal Communications Commission Chairman Kevin Martin June 10 defended his proposal to auction 25 MHz of spectrum for a free wireless broadband network, saying he hopes to hold a vote on it in July.  "I think it's important for us to try to move forward and put the spectrum out and [make it] available. I would like to try to move forward in July, as soon as I can get the support of at least a majority of the commission," Martin said.  He was testifying before the House Energy and Commerce Subcommittee on Telecommunications and the Internet on the transition to digital television.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Hoyer Says New GOP Plan to Update FISA Represents 'Positive Step,' but Talks Continue
·  Martin Delays Commission Vote on Free Wireless Broadband Network
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Digital Watermark Creators Should Adhere to New User Privacy Principles, CDT Says 
 
The Center for Democracy & Technology May 29 released a set of principles for respecting user privacy when creating digital watermarks for digital media files.  David Sohn, senior policy counsel and director of CDT's Project on Intellectual Property and Technology, said in a press release that digital watermarking is becoming a popular tool for transmitting information within digital media files such as photos, movies, and songs.  Watermarking is often used to convey basic information about its specific media file, but it can be used for many reasons and varies widely by application, he said.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Strict Privacy Standards Needed in Health IT Legislation, House Panel Told
·  Senate Committee Plans Hearing to Examine Anti-Spyware Measure
·  Conversion of Health IT Board to New Status Encounters Snag About Federal Participation
·  Advocacy Groups Call for Hearings on ISPs That Share Customer Data
·  New Agency Net Monitor Passes DHS Privacy Study
·  House OKs Federal Employee Telework Bill with Computer Data Security Requirements
·  Senate Medicare Bill Offers Incentives for Doctors to Adopt Electronic Prescribing
·  House Republicans Introduce New Health IT, E-Records Bill
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
San Antonio Granted Class Action Status in Lawsuit Against Online Hotel Companies 
 
A federal judge in Texas May 27 granted class certification to the city of San Antonio in its lawsuit charging that major online travel companies like Orbitz, Inc. and Expedia, Inc. have failed for years to pay all the hotel occupancy taxes they owe.  The long-awaited San Antonio ruling marks the first time any of the more than two dozen lawsuits filed in the last three years against the OTCs have been certified as a class action.  Subscribers read more ...

Other Taxation news: 
 
·  SSUTA Panel Recommends New Jersey Be Found Noncompliant with Governing Pact
·  Texas Comptroller's Letter Addresses Taxation of Web-Based Reporting System
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
New Jersey Computer Related Offenses Act Lawsuit Permitted to Proceed in New York 
 
A New York court may apply New Jersey computer crime laws in a dispute arising among New York residents arising from allegedly unlawful actions that took place in New Jersey, the New York Supreme Court, Westchester County, held May 21.  The defendants argued the court could not apply the New Jersey statutes at issue outside of that state, an issue of first impression in New York, but the court disagreed.  A & G Research, Inc. v. GC Metrics, Inc., 2008 ILRWeb (P&F) 1889.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Blog Generally Aimed at Entire Internet Not Subject to Jurisdiction Wherever Accessible
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Unwanted Love Notes Sent from One Teen to Another Over MySpace Not Harassment 
 
A teenager's unwelcome professions of love repeatedly sent to a peer via MySpace may be annoying, but they do not amount to aggravated harassment, the Criminal Court of the City of New York held April 4.  The court said that love messages sent from one teenager to another without any evident intent to harm were not actionable harassment, and were protected under the First Amendment.  Under New York law, harassment requires an intent to harm, threaten, or alarm.  People of New York v. Rodriguez, 2008 ILRWeb (P&F) 1727.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  Argentina Passes Legislation Punishing Online Child Porn, Hacking, Protecting E-Mail Privacy
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  A & G Research, Inc. v. GC Metrics, Inc., 2008 ILRWeb (P&F) 1889 [NY Sup Ct] (A New York court may apply New Jersey computer crime laws in a dispute arising among New York residents arising from allegedly unlawful actions that took place in New Jersey)
·  Adelman v. Spark Networks Ltd., 2008 ILRWeb (P&F) 1879 [Cal Ct App] (Action alleging that online dating service contracts were void and unenforceable is dismissed because plaintiff has suffered no damages)
·  Bacchus Gate Corp. v. CKV and Port Media, Inc., 2008 ILRWeb (P&F) 1885 [WIPO] (No finding of bad faith registration even though respondent not only retained a privacy service to shield the identity of the real registrant but also supplied the privacy service with a false name for the actual registrant)
·  Cypress Semiconductor Corp. v. Superior Court of Santa Clara County, 2008 ILRWeb (P&F) 1883 [Cal Ct App] (Under California law, the statute of limitations begins to run on a trade secret misappropriation claim when plaintiff has any reason to suspect that a third party knows they have a trade secret in their possession)
·  Doninger v. Niehoff, 2008 ILRWeb (P&F) 1865 [2d Cir] (Student's offensive school-related blog post not protected under First Amendment)
·  Federal Trade Commission v. Kennedy (Final Judgment and Order for Permanent Injunction), 2008 ILRWeb (P&F) 1535 [SD Tex] (Court enjoins business that allegedly billed for unwanted website services)
·  Google France v. Louis Vuitton Malletier, 2008 ILRWeb (P&F) 1891 [Cour de Cassation (France)] (French high court requests European Court of Justice to intervene in trademark infringement case targeting Google AdWords)
·  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)
·  New York, People of v. Rodriguez, 2008 ILRWeb (P&F) 1727 [NY Crim Ct] (Unwanted love notes sent from one teen to another over MySpace not harassment)
·  Quanta Computer, Inc. v. LG Electronics, Inc., 2008 ILRWeb (P&F) 2003 [US Sup Ct] (Patent exhaustion doctrine applies to permit post-sale use of claimed methods)
·  Real News Project, Inc. v. Independent World Television, Inc., 2008 ILRWeb (P&F) 1881 [SD NY] (Plaintiff fails to prove that its marks are sufficiently distinctive to merit trademark protection and that, even if they were, there would be a likelihood of confusion concerning the parties' websites in the marketplace)
·  Seoul Laser Dieboard System Co. v. SDS USA, Inc., 2008 ILRWeb (P&F) 1887 [WIPO] (A bad faith renewal does not satisfy the bad faith registration requirement)
·  TCN, Inc. v. 3v Networks, 2008 ILRWeb (P&F) 2005 [WIPO] (Registering domain names for the purpose of selling them at high prices is not illegitimate per se, but may be illegitimate when combined with other evidence indicating bad faith)
·  Texas Comptroller Accession No. 200801068L, 2008 ILRWeb (P&F) 1119 [Tex Comp Pub Accts] (A taxpayer's charges for reports, whether on a pay-per-use basis or on a long-term contract, are taxable as data processing because they include computerized data or information manipulation and information storage)
·  United States v. Menominee Tribal Enterprises, 2008 ILRWeb (P&F) 2001 [ED Wis] (Court fails to find good cause to justify Government's request for an order directing defendant to remove discovery materials, including deposition videos, from its website)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Dominick v. MySpace, Inc. (Brief of Amicus Curiae Electronic Frontier Foundation in Response to Petitioner's Petition for Discovery), 2008 ILRWeb (P&F) 2000 [Ill Cir Ct] (EFF asks court to reject attempt to unmask anonymous MySpace user who allegedly posted fake profiles of an Illinois official)
·  Goddard v. Google, Inc. (Complaint), 2008 ILRWeb (P&F) 1632 [Cal Super Ct] (Complaint alleges that Google's advertising services enable providers of mobile subscription services to defraud consumers)
·  Goddard v. Google, Inc. (Defendant Google's Notice of Removal of Action), 2008 ILRWeb (P&F) 1826 [ND Cal] (Google removes putative class action to federal court)
·  Lambotte v. IAC/InterActiveCorp (Class Action Complaint), 2008 ILRWeb (P&F) 1824 [Cal Super Ct] (Ad service sued for alleged failure to stem fraud)
 
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 
 
The Last Beachfront: What's Next for D Block?
A Pike & Fischer Audioconference - June 25, 2008 - New Speaker Added!
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. Michael Calabrese, Vice President and Director of the Wireless Future Program at the New America Foundation, joins Rini Coran's Robert Rini and Richard Rowlenson, former General Counsel at D Block pioneer Frontline Wireless, for a thoughtful and insight-laden discussion of the issues, challenges, and opportunities still unfolding in the 700 MHz saga.  Learn More  Register Now 


Legal 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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