Call for Web 2.0 White Papers

Pike & Fischer is pleased to announce an opportunity to share Web 2.0 best practices at our upcoming Legal Risk Management Forum II: Overcoming Obstacles in the Web 2.0 World.  We encourage submission of white papers covering topics relevant to our program, including content infringement, privacy, reputation preservation, and other critical issues facing Internet businesses.  As we intend to host a "green-friendly" event, in lieu of providing attendees with paper versions of submitted papers, we will distribute a bibliography at registration and provide access to full-text digital versions via a secure Web page or Flash Drive.  Qualifying papers must be non-commercial titles formally published within the last year and must be submitted by Friday, September 5, 2008.  Submit papers to customercare@pf.com.  For more information, contact Meg Hargreaves, at 1-800-255-8131 x 229.
 

Latest News 
 
INTELLECTUAL PROPERTY
 
Copyright Office Proposes Expanding §115 License to Include Recipient, Server Copies 
 
On July 16, the Copyright Office published a notice of proposed rulemaking clarifying the scope and application of the Section 115 compulsory license to make and distribute copies of musical works by means of digital phonorecord deliveries.  The proposed regulations clarify that the term "digital phonorecord delivery" encompasses each individual delivery of a nondramatic musical work, including phonorecords that consist of whole or partial copies of a sound recording that resides temporarily on the end-user's hard drive, on the transmission services' servers, as well as "all intermediate reproductions on the networks through which transmission occurs."  Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries (Notice of Proposed Rulemaking), 73 FR 40802.  Subscribers read more ...

Other Intellectual Property news:
 
·  Dissatisfied UDRP Party Lacks Standing to Seek Review of Winner's Other Trademarks
·  Web-Based Trivia Quiz Held Copyrightable; Online Presence No Basis for Implied License
·  Copying Game Code to Bypass Technological Protections Violates Copyright Act, Not DMCA
·  Sentence of Five Years' Probation Was Reasonable in First Criminal DMCA Case
·  Center Releases Code of Best Practices Interpreting Fair Use in Online Video Creation
·  Virginia Amends Law to Combat Counterfeits, but Trademark Owners Still Have Role to Play
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Otherwise Binding Software Contract Not Affected by State Computer Transaction Law 
 
A pay-if-paid clause in a software agreement, if part of an otherwise binding contract, is enforceable notwithstanding Virginia's Uniform Computer Information Transaction Act's seeming prohibition of pay-if-paid terms, the U.S. District Court for the Eastern District of Virginia held June 30.  The court said that the UCITA will not override separately negotiated contracts.  Because the parties in this dispute agreed to a binding contract, that contract, all terms inclusive, governed, and the UCITA did not apply, the court said.  Pilar Services, Inc. v. NCI Information Systems, Inc., 2008 ILRWeb (P&F) 2091.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Google Ads Placed on Parked Sites Called Deceptive
·  Possible Price Control by Ticket Site Averts Dismissal
·  EU Competition Authorities Ponder Case Barring Sales of LVMH Products on eBay
·  Confirmation E-Mail of Online Transactions Provides No Receipt and No FACTA Liability
·  Allegations of Harmful Copying, Deletion Satisfy CFAA's 'Transmission' Requirement
·  McDermott Proposes Legislation to Tax Internet Gambling to Fund Job Training
·  Judiciary Panel Approves Measure That Would Ban Online Tobacco Sales
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Third Circuit Again Invalidates Online Indecency Law for First Amendment Flaws 
 
A statute establishing civil and criminal penalties for parties posting commercial "material that is harmful to minors" is unconstitutional under the First Amendment, the U.S. Court of Appeals for the Third Circuit held July 22.  The court recognized the government's compelling interest in protecting minors from harmful speech, but it concluded that Congress had not chosen the least restrictive means to achieve that goal.  Filters are at least as effective as the Child Online Protection Act, 47 USC §231(a)(1), at protecting minors from "harmful" online content, the court held.  American Civil Liberties Union v. Mukasey, 2008 ILRWeb (P&F) 2255.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Proposed European Online Freedom Act Intended to Combat Authoritarian Censorship
·  Cable Industry Backs Initiative to Block Child Pornography Sites
·  Web Hosting Group Shielded by CDA from Liability for Content on Hosted Sites
·  Print-On-Demand Website Not Liable Unless It Knew Falsity of Book's Contents
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FCC Hears Varied Testimony About Future of Broadband, Digital 
 
Federal Communications Commission Chairman Kevin Martin opened an FCC field hearing July 21 by stating that broadband can be the key to the nation's competitive future, but that a competitive environment is necessary to enjoy its benefits.  The FCC traveled to Pittsburgh to hear from a panel of industry and academic experts on the future of broadband and digital media in the United States, the third such public hearing it has conducted this year.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Civil Liberties Groups Assert FISA Amendments Act Is Unconstitutional
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Lawmakers Grill Online Ad Firm Over Consumer-Tracking Practices 
 
House lawmakers July 17 grilled a controversial online marketing firm that partners with Internet service providers to track consumers' web surfing activity in order to deliver targeted advertisements.  The company, NebuAd, was scrutinized during a hearing held by the House Energy and Commerce Subcommittee on Telecommunications and the Internet.  NebuAd Chairman and CEO Robert Dykes assured the panel that his company only collects anonymous information in building consumer profiles for advertising purposes.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Italian DPA's Annual Report Highlights Concern Over Fingerprinting, MySpace
·  FISA Provision Preempts State Secrets Privilege
·  Security Officials Examine Strategies for Aligning Datamining Practices, Privacy
·  Blogs, Networking Sites, and Web Videos Drive Many Workplace Privacy Disputes
·  Bar Committee Asks State Supreme Court to Reject Avvo Request for Illinois Lawyers List
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Kansas Details Services Subject to Sales, Use Taxes Under Federal Internet Moratorium 
 
The Kansas Department of Revenue recently issued a notice explaining that certain services remain subject to sales and use taxes under the federal Internet Tax Freedom Amendments Act's (ITFAA) moratorium on state taxation of Internet access charges.  Exclusions from the moratorium allow states to tax Internet service providers' charges for these services, whether the charges are separately stated or bundled with nontaxable charges, the DOR said in Notice No. 08-03.  Subscribers read more ...

Other Taxation news: 
 
·  Missouri Lifts Additional Charge for DSL, Says Billing Software Providers Pay FUSF
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Wrongful, Knowing Corporate Server Access Generates Jurisdiction Where Server Located 
 
A Georgia resident who allegedly accessed a Texas company's Internet server to obtain confidential information is subject to the specific personal jurisdiction of a Texas court in an action arising from the access, the U.S. District Court for the Southern District of Texas held July 1.  Because the individual intentionally accessed the server, allegedly to commit a tort, and because she knew the business was located in Texas, the court was free to exercise specific personal jurisdiction over her in an action arising from her alleged unlawful computer access, Judge Gray H. Miller held.  Redding, Linden, Burr, Inc. v. King, 2008 ILRWeb (P&F) 2227.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Website Must Relate to Action to Generate Specific Personal Jurisdiction
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
California Governor Signs Bill Banning Harassment Via Phone Calls, Text Messages 
 
Gov. Arnold Schwarzenegger (R) signed a bill July 10 that extends to cellular phones and other electronic communications devices a law that makes it a crime to place phone calls with the intent to harass or annoy the recipient.  Existing law makes it a misdemeanor to place more than two phone calls with the intent to harass or annoy, but applies only to calls made to a person's workplace or home.  S.B. 129, sponsored by Sen. Sheila Kuehl (D), removes the limitation so that the law applies regardless of where the call is received.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  AOL CAN-SPAM Defendant Gets Prison
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  American Civil Liberties Union v. Mukasey, 2008 ILRWeb (P&F) 2255 [3d Cir] (Third Circuit again invalidates COPA for First Amendment flaws)
·  Arience Builders, Inc. v. Baltes, 2008 ILRWeb (P&F) 2089 [ND Ill] (Allegations that a former employee wrongfully copied, then deleted his employer's proprietary information to the employer's detriment satisfies CFAA's "transmission" requirement)
·  Chanel, Inc. v. Kouzniakova, 2008 ILRWeb (P&F) 2223 [ED NY] (No need for permanent injunction where website has ceased selling infringing products)
·  Domisys SAS v. Wachter Consulting, Inc., 2008 ILRWeb (P&F) 2243 [WIPO] (Domain name that uses acute accent over one letter is confusingly similar mark that doesn't use the accent, but respondent has a well-founded claim to a legitimate interest in the domain, and complainant fails to establish bad faith registration)
·  Future Media Architects, Inc. v. Deutsche Lufthansa AG, 2008 ILRWeb (P&F) 2229 [SD NY] (Party whose domain name was transferred by UDRP panel does not have standing to seek court intervention with respect to the winning party's other trademark interests)
·  Grabein v. Jupiterimages Corp., 2008 ILRWeb (P&F) 2237 [SD Fla] (Confirmation e-mail of online transactions provides no receipt and no FACTA liability)
·  Haas v. Four Seasons Campground, Inc., 2008 ILRWeb (P&F) 2087 [Pa Super Ct] (New Jersey campground's website did not provide minimum contacts necessary for specific personal jurisdiction in Pennsylvania in an action unrelated to its use)
·  Hill v. StubHub, Inc., 2008 ILRWeb (P&F) 2225 [NC Super Ct] (Possible price control by ticket site averts dismissal)
·  Kruska v. Perverted Justice Foundation, Inc., 2008 ILRWeb (P&F) 2239 [D Ariz] (Web hosting group shielded by CDA from liability for content on hosted sites)
·  MDY Industries, LLC v. Blizzard Entertainment, Inc., 2008 ILRWeb (P&F) 2233 [D Ariz] (Copying game code to bypass technological protections violates Copyright Act, not DMCA)
·  National Numismatic Certification, LLC v. eBay, Inc., 2008 ILRWeb (P&F) 2251 [MD Fla] (eBay's motion to dismiss denied to the extent it seeks dismissal on grounds of absolute immunity under the Communications Decency Act)
·  National Security Agency Telecommunications Records Litigation, In re, 2008 ILRWeb (P&F) 2211 [ND Cal] (Government cannot assert the common law state secrets privilege to shield materials related to electronic intelligence surveillance from review in an action brought under FISA)
·  Ottinger v. Journal News, 2008 ILRWeb (P&F) 2247 [NY Sup Ct] (Blog host must disclose identities of anonymous individuals who posted defamatory statements)
·  Pilar Services, Inc. v. NCI Information Systems, Inc., 2008 ILRWeb (P&F) 2091 [ED Va] (Otherwise binding software contract not affected by Virginia's Uniform Computer Information Transaction Act)
·  Redding, Linden, Burr, Inc. v. King, 2008 ILRWeb (P&F) 2227 [SD Tex] (Georgia resident who allegedly accessed Texas company's Internet server to obtain confidential information is subject to the specific personal jurisdiction of Texas)
·  Sandler v. Calcagni, 2008 ILRWeb (P&F) 2249 [D Me] (Print-on-demand vanity press company not liable for defamatory content in manuscript uploaded for publication)
·  Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities; E911 Requirements for IP-Enabled Service Providers (Final Rule), 2008 ILRWeb (P&F) 2253 [FCC] (Commission adopts a system for assigning users of Internet-based TRS, ten-digit telephone numbers linked to the North American Numbering Plan)
·  Thornton v. J. Jargon Co., 2008 ILRWeb (P&F) 2231 [MD Fla] (Fact-based trivia quiz is sufficiently original for copyright purposes, and posting it online does not grant an implied license to reproduce)
·  United States v. Cochran, 2008 ILRWeb (P&F) 2245 [7th Cir] (Defendant, arrested as part of an online sex chat room sting, properly convicted of violating 18 USC §2422(b))
·  United States v. Whitehead, 2008 ILRWeb (P&F) 2235 [9th Cir] (District court's probation sentence against first criminal defendant found guilty by a jury for DMCA violations was not an abuse of discretion)
·  Viacom International, Inc. v. YouTube, Inc. (Stipulation Regarding July 1, 2008 Opinion and Order), 2008 ILRWeb (P&F) 2241 [SD NY] (Google and Viacom reach discovery agreement on YouTube viewer database)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Amnesty International USA v. McConnell (Complaint), 2008 ILRWeb (P&F) 2206 [SD NY] (Civil liberties groups assert FISA Amendments Act of 2008 is unconstitutional)
·  Arista Records LLC v. Lime Group LLC (Memorandum in Support of Defendants' Motion for Summary Judgment), 2008 ILRWeb (P&F) 2204 [SD NY] (LimeWire defendants contest "tertiary theory" of liability for contributory infringement allegedly advanced by record companies)
·  Levitte v. Google, Inc. (Class Action Complaint), 2008 ILRWeb (P&F) 2202 [ND Cal] (AdWords customer alleges that Google has violated California's Business and Professions Code and has been unjustly enriched by placing purchased ads on parked sites)
·  RK West, Inc. v. Google, Inc. (Class Action Complaint), 2008 ILRWeb (P&F) 2208 [ND Cal] (AdWords customer files class action against Google for allegedly charging for clicks from ads placed on parked domains)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Mobile Medical Applications and U.S. Telemedicine: Opportunities, Analysis and Insight - Coming Soon!
Mobile technology is proving to be a major cost and time saver in the medical environment, and as a result, represents a significant evolutionary step in the field of modern medical treatment and preventive care. This technology allows specialists to triage, diagnose and monitor remote medical cases by viewing data and images conveyed wirelessly to their location. We project this market for health-related mobile services and devices will exceed $1.8 billion by 2013. In this report, we examine the current market environment, the applications offered by the top U.S. wireless carriers and MVNOs, as well as those applications provided by dedicated third-party developers. Furthermore, we examine some of the risks and implications associated with telemedicine, and the robust opportunities available to new entrants to the market.

Communications Industry Report: Views on the U.S. Economic & Regulatory Climate - New!
Cable, satellite TV and now even telephone companies have been heavily promoting a variety of new video services, ranging from high-definition TV to movies on demand. But communications industry leaders believe the best way to attract and keep customers is by providing the fastest Internet speeds, according to this survey of executives, engineers, consultants, academics, and regulators. The study also discloses what communications executives are planning this year in terms of marketing and sales, capital expenditures, pricing and more. The survey also sheds light on the industry's biggest regulatory concerns as the Bush Administration winds down, and which of the presidential candidates is winning the most favor from the industry. The report includes 28 charts and graphs.

Events & Conferences 
 
Legal Risk Management Forum II: Overcoming Obstacles in the Web 2.0 World
Early Bird Registration Expires Next Week!
September 16 - 17, 2008 - AED Conference Center - Washington, D.C.
Gain the latest insights and guidance on dealing with the growing array of legal risks associated with Web 2.0.  We've expanded our program to include a half-day workshop on Web 2.0 essentials, and we've included panels addressing content infringement, privacy, reputation preservation, virtual worlds, and other critical issues facing Internet businesses.  Confirmed closing keynote Doug Mandell, General Counsel, Linkedln and Managing Partner, Mandell Law Group, PC. Upcoming keynotes to be announced.  View the entire program.  Reserve your seat before August 1st to secure our discounted Early Bird Rate!  Group, Government, Academic, and Student rates also available.  Interested in participating in or sponsoring this legal symposium?  Contact Meg Hargreaves at 301-562-1530 x 229. 


Broadband Policy Summit IV — Webcast & DVDs Now Available!
On June 12-13, BPS IV once again played host to over 200+ of the nation's top federal, state and private sector players who debated the critical issues facing the broadband industry.  40+ speakers participated in debates covering wireless broadband, network management/net neutrality, broadband deployment and more.  Keynotes were delivered by FCC Commissioner Michael J. Copps, FTC Commissioner J. Thomas Rosch, Ambassador David Gross and Rep. Cliff Stearns (R-FL).  Missed the Summit?  Streaming video and DVDs of all Summit proceedings are now available.  Watch the Webcast  Order a DVD  Visit the Blog

View all Events & Conferences

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