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 conference: 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
 
Government Immune from Claims Under Digital Millennium Copyright Act 
 
The government cannot be sued for claims arising under the Digital Millennium Copyright Act, the U.S. Court of Appeals for the Federal Circuit held July 25.  Because the DMCA, 17 USC §1201, does not contain an express waiver of sovereign immunity, the government is immune from claims pursued under it, Judge Arthur J. Gajarsa held.  Blueport Company, LLC v. United States, 2008 ILRWeb (P&F) 2273.  Subscribers read more ...

Other Intellectual Property news:
 
·  Court Declines to Enjoin Automated Process for Finding, Registering Domains
·  Senate Bill Would Allow Justice Department to Bring Civil Infringement Actions, Create IP Czar
·  First Sale Doctrine Is No Defense to Illicit Trafficking
·  Hasbro Sues Makers of Facebook 'Scrabulous' Wiki
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Delaware Enacts Legislation Limiting Residents' Use of Internet Pharmacies 
 
Internet pharmacies may not sell prescription drugs to Delaware residents unless there is a bona fide practitioner-patient relationship between the provider writing the prescription and the patient for whom it is written, legislation signed July 21 by Delaware Gov. Ruth Ann Minner (D) provides.  The legislation, the Safe Internet Pharmacy Act (H.B. 454), was effective immediately upon enactment.  It establishes penalties for practitioners, pharmacists, and individuals who violate the requirement for a legitimate patient-practitioner relationship in connection with Internet prescription drug sales.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Employee's Misuse of Regularly Available Data Held Not Unauthorized Access for CFAA
·  Employee's Contract-Violating Data Transfer Held Likely CFAA Violation
·  eBay Provides Auction Service, Not Goods, Falling Outside Robinson-Patman Coverage
·  EFTA Action Accrues When Recurring Fund Transfers Initiated, Not First Withdrawal Date
·  Comcast Sued for Illegally Blocking P2P Applications
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Prima Facie Libel Showing Required for Identification of Unnamed Web Speaker 
 
Parties seeking to identify an individual who posted anonymous comments online must make a prima facie showing of libel to overcome the individual's right to speak anonymously, the U.S. District Court for the District of Connecticut held June 13.  Some courts have only required a plaintiff to establish a "good faith basis" for a claim or show probable cause to overcome a defendant's First Amendment right to speak anonymously, but those standards set the bar for compelling disclosure too low, Judge Christopher F. Droney held.  Doe I v. Individuals, 2008 ILRWeb (P&F) 2095.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Comcast, NetZero Join ISPs with Pacts to Block Child Pornography, Cuomo Says
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
President Signs VoIP E-911 Bill to Extend Emergency Call Coverage 
 
President Bush July 23 signed into law a bill (H.R. 3403) that requires Voice over Internet Protocol (VoIP) providers to offer E-911 service to their customers and makes it easier for them to deliver that service.  The bill, called the "New and Emerging Technologies 911 Improvement Act of 2008," was approved by unanimous consent in the House and Senate in June.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  House Chairman Asks Telecom Companies to Account for Use of Government Subsidies
·  FCC Approves XM-Sirius Merger on 3-2 Vote Following Over Year of Proposal Deliberation
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
ISP Tells Lawmakers It Has No Plans to Continue Consumer-Tracking Tests 
 
In the wake of congressional scrutiny, Internet service provider Embarq Corp. is distancing itself from a controversial technology used to track customers' web activity in order to deliver targeted advertisements.  In a July 23 letter to leaders of the House Energy and Commerce Committee, Embarq acknowledged using the technology in a "consumer preference marketing" test that ended earlier this year.  However, the company said that no customer data continues to exist, and the firm has "no plans for more tests or for general deployment of this technology, until such time as privacy concerns have been addressed."  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Spain's Data Protection Authority Issues Fine Over YouTube Post of People on Street
·  New E-ID Cards to Be Required in Germany Starting in 2010, Will Replace Existing Cards
·  Health Blogs May Threaten Patient Privacy
·  Password Held Insufficient Laptop Safeguard
·  University Study Finds Security Flaws in 75 Percent of Surveyed Bank Websites
·  Employers Should Reexamine Monitoring Policies Following Ninth Circuit Decision
·  New Search Engine Vows Not to Collect, Use PII
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Streamlined Sales Tax Committee Approves Draft Rule on Sanctions 
 
The Executive Committee of the Streamlined Sales Tax Governing Board approved a draft rule July 23 addressing sanctions against member states found out of compliance with the terms of the Streamlined Sales and Use Tax Agreement.  Approved as part of the draft was new language stating the Executive Committee shall consider the action that resulted in noncompliance, the action that will be required to bring the state back into compliance, and the length of time it will take for compliance.  Subscribers read more ...

Other Taxation news: 
 
·  Electronic Bingo Software Licenses, 'Dabbers' Subject to Louisiana Lease Tax
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Posting Copies of Protected Works Online Supports Jurisdiction Where Owner Resides 
 
A Canadian company which posted works belonging to a New York company on its website was subject to the specific personal jurisdiction of a New York court in a subsequent infringement action, the U.S. District Court for the Southern District of New York held July 7.  Because the defendant generated approximately ten percent of its international revenue from New York residents via the website, and the claim arose from transactions there, it fell squarely within the state long-arm statute's provision for jurisdiction over parties "transacting business" within the state.  M. Shanken Communications, Inc. v. Cigar500.com, Inc., 2008 ILRWeb (P&F) 2261.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Third Party Message Board Content About Texas No Basis for Jurisdiction Over Its Host
·  Website Accessible Anywhere No Basis for General Jurisdiction Absent Forum Targeting
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
New York Governor Signs Legislation Criminalizing Impersonation Over Internet 
 
Gov. David A. Paterson (D) signed legislation making it a criminal offense to impersonate someone over the Internet or through other electronic communications (S. 4053), his office announced July 22.  The law, which takes effect Nov. 1, will make such impersonation a Class A misdemeanor.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  New House Bill Would Ban Border Searches of Laptops Based on U.S. Sovereign Authority
·  Spammer Gets Nearly Four-Year Prison Term
·  En Banc Review Denied in Laptop Search Case
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Applause Store Productions Ltd. v. Raphael, 2008 ILRWeb (P&F) 2265 [High Ct Just, QB (UK)] (Former friend responsible for creating false Facebook profile is liable for £22,000 in damages)
·  Babytel, Inc. v. Babytel.com, 2008 ILRWeb (P&F) 2277 [WIPO] (Trademark rights created after registration of the disputed domain name nevertheless satisfy the "identical or confusingly similar" prong of the UDRP)
·  Black & Decker (US), Inc. v. Smith, 2008 ILRWeb (P&F) 2257 [WD Tenn] (Employee's misuse of regularly available data held not unauthorized access for CFAA)
·  Blueport Company, LLC v. United States, 2008 ILRWeb (P&F) 2273 [Fed Cir] (Federal government immune from suit under DMCA)
·  Doe I v. Individuals, 2008 ILRWeb (P&F) 2095 [D Conn] (Prima facie libel showing required for identification of anonymous web speaker)
·  Energy Brands, Inc. v. Spiritual Brands, Inc., 2008 ILRWeb (P&F) 2279 [SD NY] (Website sales to forum residents supports exercise of personal jurisdiction)
·  Gordon v. Ascentive, LLC, 2008 ILRWeb (P&F) 2283 [ED Wash] (Plaintiff fails to cure defects in anti-spam complaint)
·  Gordon v. Impulse Marketing Group, Inc., 2008 ILRWeb (P&F) 2281 [ED Wash] (Plaintiff fails to cure defects in anti-spam complaint)
·  Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., 2008 ILRWeb (P&F) 2275 [ND Cal] (ECPA does not bar disclosure of publicly posted Internet content)
·  M. Shanken Communications, Inc. v. Cigar500.com, Inc., 2008 ILRWeb (P&F) 2261 [SD NY] (Posting copies of protected works online supports jurisdiction where owner resides)
·  Mintel International Group, Ltd. v. Neergheen, 2008 ILRWeb (P&F) 2259 [ND Ill] (Employee's contract-violating data transfer held likely CFAA violation)
·  Newfoundland and Labrador Information and Privacy Commissioner Report P-2008-002 (Eastern School District), 2008 ILRWeb (P&F) 2267 [Newfoundland Priv Comm'r] (Simple password protection of data stored on computers is not sufficient to meet the requirements of Newfoundland privacy legislation)
·  Sheldon v. Khanal, 2008 ILRWeb (P&F) 2097 [D Kan] (Website accessible anywhere no basis for general jurisdiction absent forum targeting)
·  Triple Diamond Energy Corp. v. Venture Research Institute, Inc., 2008 ILRWeb (P&F) 2271 [ND Tex] (Internet message board on which third parties posted information about Texas oil and gas law did not provide contacts with the state necessary to generate general or specific jurisdiction)
·  United States v. Arnold (Amended Opinion), 24 ILR (P&F) 578 [9th Cir] (In July 10 amended opinion, court denies en banc rehearing of a panel decision that the Fourth Amendment does not require federal border agents to justify a search of a traveler's laptop computer files before examining them)
·  United States v. Harrison, 2008 ILRWeb (P&F) 2269 [11th Cir] (Copyright's first sale doctrine cannot be raised as a defense to trafficking in illicit labels, nor can it be used to vitiate a conviction for the same)
·  Verizon California, Inc. v. Navigation Catalyst Systems, Inc., 2008 ILRWeb (P&F) 2093 [CD Cal] (Court declines to enjoin company's automated process for finding, registering domains, so long as company does not infringe trademark rights)
·  Wike v. Vertrue, Inc., 2008 ILRWeb (P&F) 2263 [MD Tenn] (EFTA's one-year statute of limitations began to run when a defendant initiated unauthorized electronic fund transfers, not the date when funds were first transferred from a plaintiff's account)
·  Windsor Auctions, Inc. v. eBay, Inc., 25 ILR (P&F) 245 [ND Cal] (Robinson-Patman Act claim against eBay dismissed because eBay provides a service, not a commodity)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Arista Records LLC v. Lime Group LLC (Memorandum in Support of Defendant Lime Wire's Motion for Summary Judgment), 2008 ILRWeb (P&F) 2210 [SD NY] (P2P provider argues that it is not liable for copyright infringement under the Sony-Betamax doctrine)
·  Arista Records LLC v. Lime Wire LLC (Memorandum in Support of Plaintiffs' Motion for Partial Summary Judgment), 2008 ILRWeb (P&F) 2212 [SD NY] (Record companies argue that they are entitled to summary judgment on their claims for copyright infringement against P2P provider)
·  Facebook, Inc. v. StudiVZ Ltd. (Complaint), 2008 ILRWeb (P&F) 2216 [ND Cal] (Facebook sues German "knockoff" site)
·  Hasbro, Inc. v. RJ Softwares (Complaint), 2008 ILRWeb (P&F) 2220 [SD NY] (Hasbro sues makers of Facebook 'Scrabulous' wiki)
·  Topolski v. Comcast Corp. (Class Action Complaint), 2008 ILRWeb (P&F) 2218 [D Ore] (Comcast named in class action claiming P2P blocking is fraud)
·  United States v. Drew (Motion to Dismiss Indictment for Vagueness), 2008 ILRWeb (P&F) 2214 [CD Cal] (Woman charged in wake of teen's suicide seeks dismissal of government's case which rests on a novel application of the CFAA to criminally punish the violation of a website Terms of Service)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Mobile Medical Applications and U.S. Telemedicine: Opportunities, Analysis and Insight - New!
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
GC of Comcast Interactive Media to Deliver Luncheon Keynote
Early Bird Registration Expires Friday!
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.  Kevin Kuzas, Vice President and General Counsel of Comcast Interactive Media will deliver the luncheon address; Doug Mandell, General Counsel, Linkedln and Managing Partner, Mandell Law Group, PC will deliver closing remarks. Opening keynote to be announced.  View the entire program.  Reserve your seat by Friday -- 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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