Keynoters Announced for Legal Risk Management Forum

Pike & Fischer is pleased to announce the following keynoters for its Second Annual Legal Risk Management Forum.  Comcast Interactive Media Vice President and General Counsel Kevin Kuzas is expected to highlight the legal and corporate challenges he faces at the division of Comcast dedicated to growing and developing emerging Internet businesses. Former LinkedIn General Counsel Doug Mandell will offer a unique insider's perspective into the challenges faced by a Web 2.0 startup that has grown into the world's largest professional network.  View the entire program for a detailed rundown of all panels and speakers, and find out who's already coming.
     

Latest News 
 
INTELLECTUAL PROPERTY
 
Court Overturns Cable TV Infringement Decision; Allows In-Network DVR Storage 
 
The U.S. Court of Appeals for the Second Circuit reversed a lower court finding and held August 4 that a cable television service providing digital video recording of television and movie programming at central sites—rather than on a home set-top box—is not a direct infringement of the copyright in those programs.  The lower court had found direct infringement in three steps of the process between the feed from the program content provider to the eventual playback of a recording to the subscriber.  Cartoon Network LP v. CSC Holdings, Inc., 2008 ILRWeb (P&F) 2401.  Subscribers read more ...

Other Intellectual Property news:
 
·  Trademark Owners Encouraged to Start Planning Now for ICANN's New gTLD Roll-Out
·  Sale of Filters Enabling Free Reception of Pay-Per-View Cable TV Violated DMCA
·  Group's Use of Audio Clip Taken from Talk Show Ruled Fair Use
·  Three Approaches Outlined by Senate, Panel in Latest Hearing on Platform Parity
·  Websites Providing Hyperlinks to Pirated Movies Sued for Contributory Infringement
·  Copycat Celebrity Gossip Websites, Inaccurate Blogger Sued for Infringement
·  ACTA Negotiations Continue in Washington, Buoyed by Rights Owners' Recommendations
·  House, Senate Agree to Hinge Student Financial Aid on Colleges' Anti-Piracy Plans
·  New IP Enforcement Legislation Gets Mixed Reviews from Practitioners
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Root Zone Management Not Transitioning to ICANN, Commerce Department Declares 
 
The Department of Commerce has no plans to approve a transition of the root zone management to the Internet Corporation for Assigned Names and Numbers, Commerce said July 30 in response to a paper published by ICANN suggesting that such a transition may be in the works.  Commerce said that it is not in discussions with either ICANN or VeriSign, which operates the .com registry, about root zone management.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Deletion of Employer Data Prior to Forming Competing Venture Is Actionable Under CFAA
·  Equitable Arguments Do Not Excuse Untimely Exercise of Software License Option
·  SEC Seeks to Guide Corporate Web Use
·  Buenos Aires Province Issues E-Signature Regulation
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Cablevision Joins Pledge to Block Child Pornography Images, Cuomo Says 
 
Long Island-based Cablevision Systems Corp. is the latest Internet service provider to join in an agreement to block access to websites and news groups that carry images of child pornography, New York Attorney General Andrew M. Cuomo (D) announced Aug. 5.  Cuomo has been gathering pledges from major communications companies since he launched the model agreement in June with Verizon, Time Warner, and Sprint.  Others include America Online, AT&T, Comcast, and NetZero.  Subscribers read more ...

Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FCC Declares Net Neutrality Authority, Rules Comcast Unduly Blocked BitTorrent 
 
The Federal Communications Commission decided Aug. 1 that Comcast Corp. violated the Telecommunications Act of 1996 by secretly interfering with its Internet customers' ability to use a particular peer-to-peer file-sharing service.  The decision is the first time the agency has ordered a major Internet service provider to change its network management practices, FCC spokesman Robert Kenny said.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Martin Outlines August FCC Agenda Featuring Roaming, E-911 Proceedings
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Employer's Subpoena Seeking Six Years of Personal E-Mail Quashed on SCA Grounds 
 
An employer's request to subpoena an Internet service provider for six years' worth of an employee's personal account e-mail cannot be granted without evidence that the ISP had the consent of the employee or the sender of each e-mail, the U.S. District Court for the Northern District of California held July 21 in a magistrate's unpublished opinion.  The court said that an ISP could not, consistent with the Stored Communications Act, disclose stored e-mails without the consent of either the sender or the recipient.  Hone v. Presidente U.S.A., Inc., 2008 ILRWeb (P&F) 2293.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Commerce Develops Certification Mark to Identify U.S. Safe Harbor Companies
·  E-Mail Metadata Must Be Disclosed If Requested Under State Public Records Act
·  DHS Secretary Releases Some Details of Cybersecurity Initiative to Sen. Lieberman
·  Commerce Expects Fall APEC Pilot to Test Data Transfer Plan Akin to EU Safe Harbor
·  FTC Finalizes TJX, Reed Elsevier Data Security Enforcement Consent Orders
·  Government Mining of Privately Held Data May Trigger Demand for Access Standards
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Internet Tax Moratorium Raises Questions for Congress on States' Authority, CRS Says 
 
The Internet tax moratorium raises related legislative issues about the states' authority to collect taxes, according to an updated Congressional Research Service report dated July 7.  The report, Internet Taxation: Issues and Legislation, discussed two issues: states streamlining their sales taxes to gain authority to collect taxes remotely, and "whether and how" Congress should set nexus standards for states enacting business activity taxes (BATs).  Subscribers read more ...

Other Taxation news: 
 
·  Vonage Motion to Reconsider Tax Ruling Based on Constitutional Claim Rejected
·  Missouri Company Should Not Collect Taxes on Software Until Delivered to Client in State
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
E-Mail Service of Process Held Appropriate for Domain Registrant in ACPA In Rem Action 
 
Service of process via e-mail is sufficient to give a domain name holder who is situated abroad notice of an in rem action against the domain, the U.S. District Court for the District of Colorado held July 18.  The court said that e-mail service was appropriate when there were no other practicable means of reaching the domain name holder.  Biomedical Technology Solutions, Inc. v. www . demolizer . com, 2008 ILRWeb (P&F) 2315.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  No Attorney-Client Privilege After Computer Search Waiver
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Seized Laptop Contents May Be Unencrypted, Contents Shared, Under Border Patrol Policy 
 
Homeland Security Department U.S. Customs and Border Patrol (CBP) agents may, "absent individualized suspicion," seize laptop computers, electronic devices, or paper documents at the border and send them offsite to other government officials for assistance in unencrypting or translating their contents, under a CBP policy memorandum dated July 16 that was recently posted on the CBP website.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  Senate Computer Crime Measure Sent to House as Part of U.S. Secret Service Bill
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Alliance International, Inc. v. Todd, 2008 ILRWeb (P&F) 2291 [ED NC] (Deletion of employer data prior to forming competing venture is actionable under CFAA)
·  Altru Health System v. Altruism Network, 2008 ILRWeb (P&F) 2287 [NAF] (Complainant engaged in reverse domain name hijacking where it was responsible for creating at least part of the confusion and it had made deliberately false accusations of respondent's commercial activities)
·  Biomedical Technology Solutions, Inc. v. www . demolizer . com, 2008 ILRWeb (P&F) 2315 [D Colo] (E-mail service of process held appropriate for domain registrant in ACPA in rem action)
·  Cartoon Network LP v. CSC Holdings, Inc., 2008 ILRWeb (P&F) 2401 [2d Cir] (Cablevision's proposed "Remote Storage" Digital Video Recorder system would not directly infringe movie and television studios' rights under the Copyright Act)
·  Commission Guidance on the Use of Company Web Sites (Interpretation; Solicitation of Comment), 2008 ILRWeb (P&F) 2403 [SEC] (SEC adopts principles-based guidance to encourage public companies to disseminate more information through their websites)
·  CoxCom, Inc. v. Chaffee, 2008 ILRWeb (P&F) 2405 [1st Cir] (Sellers of digital cable filters violated DMCA's anti-circumvention provision)
·  Facetime Communications, Inc. v. Reuters Ltd., 2008 ILRWeb (P&F) 2295 [SD NY] (Company's failure to exercise a time-limited option in a clearly written software license deal will not be excused on equitable arguments)
·  Hone v. Presidente U.S.A., Inc., 2008 ILRWeb (P&F) 2293 [ND Cal] (Employer's subpoena seeking six years of personal e-mail quashed on SCA grounds)
·  Mayor and City Council of Baltimore v. Vonage America, Inc., 2008 ILRWeb (P&F) 2289 [D Md] (Vonage motion to reconsider tax ruling based on constitutional claim rejected)
·  Missouri Department of Revenue Letter Ruling No. 4859 (Downloadable Internet Products), 2008 ILRWeb (P&F) 2301 [Mo Dep't Rev] (Taxpayer's sale of downloadable information products over the Internet was not subject to sales or use tax, provided there was not a transfer of tangible personal property)
·  Missouri Department of Revenue Letter Ruling No. 4920 (Software License, Updates, and Maintenance), 2008 ILRWeb (P&F) 2303 [Mo Dep't Rev] (Out-of-state corporation that develops, markets, and licenses web operable software solutions should not collect sales tax up front from its customers when the software is maintained on its out-of-state computers)
·  O'Neill v. City of Shoreline, 2008 ILRWeb (P&F) 2299 [Wash Ct App] (E-mail metadata must be disclosed if requested under state Public Records Act)
·  Reed Elsevier, Inc., In re (Consent Order), 2008 ILRWeb (P&F) 2309 [FTC] (FTC gives final approval to agreed consent order closing data breach action against data broker)
·  Savage v. Council on American-Islamic Relations, Inc., 2008 ILRWeb (P&F) 2297 [ND Cal] (Group's use of audio clip taken from talk show ruled fair use)
·  Specialty Vehicle Acquisition Corp. v. American Sunroof Corp., 2008 ILRWeb (P&F) 2285 [ED Mich] (Addition of "usa" to plaintiff's mark in domain name did not eliminate the likelihood of confusion)
·  TJX Companies, Inc., In re (Consent Order), 2008 ILRWeb (P&F) 2313 [FTC] (FTC gives final approval to agreed consent order closing data breach action against retailer)
·  United States v. General Maritime Management (Portugal) L.D.A., 2008 ILRWeb (P&F) 2311 [SD Tex] (Material witness in criminal prosecution may not invoke attorney-client privilege to withhold from defendants e-mails contained on his hard drive after he allowed government prosecutors to search his computer)
·  United States v. Gladish, 2008 ILRWeb (P&F) 2305 [7th Cir] (Internet chat of a sexual nature, without more, does not render defendant guilty of attempted sex with a minor)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Boring v. Google, Inc. (Amended Complaint), 2008 ILRWeb (P&F) 2232 [WD Pa] (Invasion of privacy, trespass, and other claims based on inclusion of plaintiff's residence in Google Street View map)
·  Boring v. Google, Inc. (Defendant's Memorandum in Support of Motion to Dismiss), 2008 ILRWeb (P&F) 1828 [WD Pa] (Google seeks dismissal of invasion of privacy and other claims arising from its Street View map on grounds that a view of a home from a driveway is not private)
·  Boring v. Google, Inc. (Plaintiffs' Memorandum in Opposition to Motion to Dismiss), 2008 ILRWeb (P&F) 2234 [WD Pa] (Plaintiffs argue that their complaint for invasion of privacy and other claims arising from Google's Street View map withstand a motion to dismiss)
·  Disney Enterprises, Inc. v. FOMDB.com (Complaint), 2008 ILRWeb (P&F) 2222 [CD Cal] (Website hosting searchable, organized databases of hyperlinks to pirated movies alleged to be secondarily liable for copyright infringement)
·  E! Entertainment Television, Inc. v. De Filippis (Complaint), 2008 ILRWeb (P&F) 2226 [CD Cal] (Celebrity gossip website sued for infringement)
·  Lavandeira v. Infuse LLC (Complaint), 2008 ILRWeb (P&F) 2230 [CD Cal] (Celebrity gossip website sued for infringement)
·  Oklahoma Publishing Co. v. Conradt (Complaint), 2008 ILRWeb (P&F) 2228 [WD Okla] (Newspaper seeks damages from defamatory blogger)
·  Universal City Studios Productions LLLP v. MovieRumor.com (Complaint), 2008 ILRWeb (P&F) 2224 [CD Cal] (Website hosting searchable, organized databases of hyperlinks to pirated movies alleged to be secondarily liable for copyright infringement)
 
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
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 Extended!
September 16 - 17, 2008 - AED Conference Center - Washington, D.C.
Register now and take advantage of our discounted Early Bird Rate before it expires on August 15th!  Hear from Google, NBC Universal, AOL, LinkedIn, FTC, Comcast Interactive Media, Phorm, Harvard Law School, and many more.  Gain the latest insights and guidance on dealing with the growing array of legal risks associated with Web 2.0.  View the entire program for a detailed rundown of all panels and participating faculty, and find out who's already coming.  Group, Government, Academic, and Student rates also available.  Interested in sponsoring this legal symposium?  Contact Todd Dale at 212-563-6131.


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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