Latest News 
 
INTELLECTUAL PROPERTY
 
Copyright's First Sale Doctrine Allows Promotional CD Recipient to Sell CDs Online 
 
A recipient of "promotional CDs" distributed by a record label was entitled, under the first sale doctrine, to resell the CDs on eBay without infringing the record label's copyright, the U.S. District Court for the Central District of California held June 10.  The court said that once the record label distributed the promotional CDs, it relinquished ownership of them, and lost control of future sales and distributions.  UMG Recordings, Inc. v. Augusto, 2008 ILRWeb (P&F) 2009.  Subscribers read more ...

Other Intellectual Property news:
 
·  P2P Monitoring, Takedown Process Criticized
·  Unlocking of Wireless Devices for Resale Outside DMCA Anti-Circumvention Exemption
·  Infringement Liability for Keyword Ads Is Unresolved, Google Lawyer Says
·  Beware of Unintended Consequences, E-Commerce Lawyers Are Warned
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Failure to Prove Promises Made in eBay Listing Is Grounds for Contract Rescission 
 
Advertising an airplane on eBay as a "dream to fly" but then refusing to demonstrate its flying capabilities breached an express warranty of the sales contract, and the purchaser is entitled to rescind, the Court of Appeals for Tennessee held May 28.  The court said that a purchaser was legally entitled to reject a plane he had purchased when that plane was not demonstrably flight-worthy.  Smith v. Marquross, 2008 ILRWeb (P&F) 1899.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Texas Company Settles with FTC on 'Free Software CD' Billing Scheme
·  Colorado Lawyers Free to Search Metadata Unless They Are Alerted to Sender's Mistake
·  Proposed Security Extension in .org Carries Risks
·  Google Sued for Allegedly Deceptive Third-Party Ads
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
California Subpoena Seeking Bloggers' Identities May Be Quashed, but Not Stricken 
 
Anonymous bloggers whose identities have been subpoenaed may not move to strike the subpoenas under California law, the California Court of Appeal held June 10 in an unpublished opinion.  The court said that California statutory provisions only allow motions to strike on complaints and petitions filed with the court.  Subpoenas may not be stricken, the court said, but noted that they could be quashed.  The benefit of a motion to strike is the award of fees and costs.  Tendler v. www . jewishsurvivors . blogspot . com, 2008 ILRWeb (P&F) 2013.  Subscribers read more ...
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Senate Approves VoIP E-911 Bill, House Approval Expected Quickly 
 
The Senate June 16 approved by unanimous consent an amended bill (H.R. 3403) to make it easier for Voice over Internet Protocol (VoIP) providers to offer E-911 service to their customers.  The bill must pass in the House again before it can be sent to the president for his signature.  An agreement in principle was reached between House and Senate negotiators prior to the Memorial Day recess, and observers said they expected the bill to move quickly.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Copps Endorses Proposal for National Broadband Czar
·  Antitrust Laws Not Best Solution for Net Neutrality Debate, FTC Official Says
·  FCC Limitations on Wireless Spectrum Could Stifle Innovation, Inhibit Deployment
·  Next Hurdle Facing Net Neutrality Debaters: Defining 'Reasonable Network Management'
·  FCC Releases New Order Requiring Carriers to Provide Better Broadband Data
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Google Says It Supports Federal Privacy Law, FTC Online Behavioral Advertising Principles 
 
Google, Inc. supports a national privacy law and favors online behavioral advertising privacy principles being developed by the Federal Trade Commission, the Silicon Valley Internet giant said in a June 6 letter to Rep. Joe Barton (R).  In response to questions about the merger between Internet search company Google and online advertising company DoubleClick, a Google official said the company welcomed Barton's support of industry efforts to establish robust self-regulatory mechanisms for protecting consumers' privacy.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Spanish DPA Calls for New Law to Balance Online Privacy, P2P Copyright Protections
·  FTC Offers Partial Support for Legislation to Curb Spyware
·  Senate Panel to Examine Online Ad Industry Practices
·  Subpoena Seeking Internet Users' Identities Can Only Reach Data Necessary to Make ID
·  Report Says Most Breaches Can Be Avoided Through Use of Basic Data Security Measures
·  Companion Bills in Congress Seek to Create Task Force on Small Business Data Security
·  New Privacy Policy for Whois Data in Line with Canada's Federal Privacy Law
·  Civil Liberties, Security Advocacy Groups Offer ID Policy Principles for Next President
·  Sealing, Non-Disclosure of Electronic Surveillance Orders Must Have Finite Span
·  Employers Face Risks in Web Checks, Monitoring Workers' Computer Activities
·  Two-Year Suspension Ordered for Lawyer Who Snooped in Another Firm's E-Mails
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Florida Appeals Court Reverses Dismissal of Complaint Against Expedia and Orbitz 
 
A Florida appellate court June 13 reversed a trial court and ruled that Orange County, Fla., had adequately alleged facts necessary to obtain a declaratory judgment on whether online travel companies (OTCs) Expedia, Inc. and Orbitz, Inc. are required to collect and remit taxes on the full amount paid by consumers for hotel rooms, rather than simply on the wholesale price the OTCs pay hotel owners.  Orange County v. Expedia, Inc., 2008 ILRWeb (P&F) 2017.  Subscribers read more ...

Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Online University Must Answer Discrimination Lawsuit in Student's Forum 
 
Despite being headquartered out-of-state, an online university knowingly communicating with a New Jersey-based student is subject to specific personal jurisdiction there for disputes relating to that student's education, the U.S. District Court for the District of New Jersey held May 30.  The court rejected contentions that the university's online presence made it subject to general jurisdiction.  However, based on its communications and on-going relationship with a New Jersey student, it was subject to specific jurisdiction there for claims relating to that student's experience.  Watiti v. Walden University, 2008 ILRWeb (P&F) 1907.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  No Personal Jurisdiction When Link Is Only Contact
·  Information-Only Website No Basis for Jurisdiction
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Unhappy Worker Who Accessed Computers at Clinic Sentenced to 5 Years for Hacking 
 
In one of the longest U.S. sentences for computer hacking, a former non-profit health clinic manager was sentenced June 9 to 63 months in federal prison for illegally accessing the organization's computer network and deleting data and software on several servers, according to the United States attorney in San Diego.  The sentence was handed down by Judge Thomas J. Whelan of the U.S. District Court for the Southern District of California to Jon P. Oson, a former network engineer and technical service manager.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  Hacker Who Used Botnets to Attack Two Websites Pleads Guilty in California
·  Congressman Calls for Anti-Hacking Aid After Attack Hits Capitol Hill Computers
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Binney v. Banner Therapy Products, Inc., 2008 ILRWeb (P&F) 2015 [NC Sup Ct] (Removal of hard drive from work computer and assertions of personal copyright in employer's catalogs and website constituted employment-related misconduct, justifying denial of unemployment benefits)
·  Colorado Bar Association Ethics Committee Opinion 119 (Disclosure, Review, and Use of Metadata), 2008 ILRWeb (P&F) 1895 [Colo Bar Ass'n] (Colorado lawyers free to search metadata unless they are alerted to sender's mistake)
·  de la Paz v. DBS Manufacturing, Inc., 2008 ILRWeb (P&F) 2019 [WD Okla] (Information-only website no basis for jurisdiction)
·  Development of Nationwide Broadband Data to Evaluate Reasonable and Timely Deployment of Advanced Services to All Americans, et al., In re (Report and Order and Further NPRM), 2008 ILRWeb (P&F) 1537 [FCC] (Order requiring better broadband data from carriers)
·  Federal Trade Commission v. Think All Publishing, L.L.C. (Stipulated Final Judgment and Order for Permanent Injunction), 2008 ILRWeb (P&F) 1893 [ED Tex] (Texas company settles with FTC on 'free software CD' billing scheme)
·  Hays Specialist Recruitment (Holdings) Ltd. v. Ions, 2008 ILRWeb (P&F) 1729 [High Ct Just, Ch Div (UK)] (Former employee must disclose business contacts uploaded to LinkedIn)
·  Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, et al., In re (Fifth Report), 2008 ILRWeb (P&F) 1539 [FCC] (Report to Congress on the state of broadband deployment in the U.S.)
·  Kimberlite Corp. v. Does 1-20, 2008 ILRWeb (P&F) 2011 [ND Cal] (Party seeking to subpoena data from an ISP identifying anonymous defendants from their IP address may only request data actually necessary to identify them)
·  Lawyer Disciplinary Board v. Markins, 2008 ILRWeb (P&F) 1905 [W Va Sup Ct App] (Two-year suspension ordered for lawyer who snooped in another firm's e-mails)
·  Orange County v. Expedia, Inc., 2008 ILRWeb (P&F) 2017 [Fla Dist Ct App] (Florida appeals court reverses dismissal of complaint against Expedia and Orbitz for hotel room taxes)
·  Podracky v. Commonwealth of Virginia, 2008 ILRWeb (P&F) 2007 [Va Ct App] (Statute criminalizing use of chat room to solicit a minor for sexual acts does not violate First Amendment)
·  Sealing and Non-Disclosure of Pen/Trap/2703(d) Orders, In re, 2008 ILRWeb (P&F) 1897 [SD Tex] (Orders to seal or prohibit disclosure of law enforcement electronic surveillance activities should terminate upon completion of the relevant investigation)
·  Smith v. Marquross, 2008 ILRWeb (P&F) 1899 [Tenn Ct App] (Failure to prove promises made in eBay listing is grounds for contract rescission)
·  Tendler v. www . jewishsurvivors . blogspot . com, 2008 ILRWeb (P&F) 2013 [Cal Ct App] (Court improperly granted anonymous bloggers' motion to strike request for subpoena)
·  TracFone Wireless, Inc. v. Bitcell Corp. (Consent Final Judgment and Permanent Injunction), 2008 ILRWeb (P&F) 1901 [SD Fla] (Unlocking of wireless devices for resale outside DMCA anti-circumvention exemption)
·  UMG Recordings, Inc. v. Augusto, 2008 ILRWeb (P&F) 2009 [CD Cal] (Copyright's first sale doctrine allows promotional CD recipient to sell CDs online)
·  Unlimited Holdings, Inc. v. Bertram Yacht, Inc., 2008 ILRWeb (P&F) 1903 [D VI] (Web link to a corporate parent's site does not satisfy personal jurisdiction in a forum where residents were only possibly reached by the subsidiary)
·  Watiti v. Walden University, 2008 ILRWeb (P&F) 1907 [D NJ] (Online university must answer discrimination lawsuit in student's forum)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Goddard v. Google, Inc. (Complaint), 2008 ILRWeb (P&F) 1632 [Cal Super Ct] (Google sued for allegedly deceptive third-party ads)
 
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 Obstacles 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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