Guest Discount Offered to P&F Subscribers for September Conference 

Pike & Fischer's Legal Risk Management Forum II: Overcoming Obstacles in the Web 2.0 World offers a variety of options to fit every budget -- plus a special offer for Pike & Fischer subscribers!  Any subscriber who registers for our September conference is entitled to bring a guest for just $199!  To register a guest, contact Customer Care, or call 1-800-255-8131 x 248.  Remember, our early bird registration expires Friday, August 15, so Register Now!  Group, government, academic, and student rates also available.  View the entire program with faculty.  Download the brochure.  Look who's coming. 

Latest News 
 
INTELLECTUAL PROPERTY
 
Businesses Must Adapt to Growing Use of Free Software to Avoid Legal Troubles 
 
Now that open source software has made its way into a wide variety of mainstream software applications, the time has come for businesses to carefully examine the source of all code they incorporate into their products to ensure compliance with all applicable licensing requirements, attorneys cautioned at the American Bar Association's Annual Meeting Aug. 8 in New York.  Subscribers read more ...

Other Intellectual Property news:
 
·  Thomas Outcome May Jeopardize Record Companies' Case Against Peer-to-Peer Users
·  Cybersquatting Action on Acronym's Meaning Fails
·  Italian Media Mogul Sues Google Over YouTube Clips, but Google Denies Wrongdoing
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Google Signals Openness to Ad-Delivery Based on Consumers' Web-Surfing Habits 
 
Google, Inc. signaled in a letter to Congress that it is not opposed to delivering targeted advertisements to consumers based on their web-surfing habits and other Internet activity, a growing practice known as "behavioral advertising."  Google is one of several Internet companies that were recently asked by top members of the House Committee on Energy and Commerce to provide details about the extent to which they collect and use data on consumers' web activity.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  ABA House of Delegates Urges Ratification of E-Contracting Convention
·  State AGs Failing to Protect Consumers from Online Fraud, Abuse, Report Finds
·  Measure to Amend Spam Law with Stronger Enforcement Approved by California Senate
·  Contract Between Corporations Allowing Web Notice of Modifications Not Unconscionable
·  International Chamber Pushes Participation by Private Sector in Transformation of ICAAN
·  New Mexico Joins Jurisdictions That Won't Enforce Class Action Bans in Consumer Contracts
·  Allegedly Misleading eBay Statement Supports Racketeering 'Pattern' Claim
·  Russian Man Allegedly Manipulated Stock Prices by Hacking into Accounts
·  ICANN Endorsement of Proxy Services Defies Current WHOIS Obligations, Commerce Warns
·  Mobile Text Message Ad Campaigns May Violate State Lottery Regulations
·  House Judiciary Delays Gambling Study Bill Markup
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Google, Yahoo, Microsoft Agree in Principle on Code of Global Conduct 
 
Google, Inc., Microsoft Corp. and Yahoo! Inc. have agreed in principle on a voluntary code of conduct for companies operating in countries where Internet freedom is restricted, Sen. Dick Durbin (D-Ill.) announced Aug. 4.  The principles provide direction and guidance to the Internet, communications, and technology sector when "faced with laws, regulations, and policies that conflict with the global best practices on freedom of expression and privacy," Google Deputy General Counsel Nicole Wong wrote in an Aug. 1 letter to Durbin.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Despite Uncertain Standing, Court Vacates Order Unmasking Anonymous Web Speakers
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
By End of August, FCC Chair Wants Vote on VoIP E-911 Law Rulemaking 
 
Federal Communications Commission Chairman Kevin Martin Aug. 4 said that he wants all the commissioners to vote by the end of the month on rules to implement a newly enacted bill to require E-911 service from Voice over Internet Protocol (VoIP) providers.  The FCC requires all wireline, wireless, and VoIP providers to offer enhanced 911 (E-911) service to their customers.  E-911 technology transmits to emergency personnel the location and call-back number of a caller dialing 911.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  FCC Grants Broadband Pricing Flexibility for Qwest's Largest Business Customers
·  EU Launches Competition to Award Single Europewide Satellite License
·  Dingell Suggests FCC Consider Licensing White Spaces Spectrum
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Detailed Login Warning Banner Accepted by Employee Destroys Expectation of Privacy 
 
A postal service employee had no legitimate, reasonable expectation of privacy in the contents of his office computer because he was required to accept a privacy disclaimer warning banner each time he logged in, the U.S. District Court for the Eastern District of Virginia held July 25.  As a result, a government search of his computer did not violate the Fourth Amendment's prohibition against unreasonable searches and seizures, Judge James R. Spencer held.  United States v. Mosby, 2008 ILRWeb (P&F) 2317.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  House Committee Initiates Probe of Service Provider Data Collection Practices
·  Users of Search Engines Yahoo, Google Can Opt Out of Customized Advertisements
·  Trusted but Hijacked Sites Funnel Most Malware
·  NIST Updates Data Security Measurement Guide
·  Federal Judge Issues Order Barring Release of Data at Las Vegas 'Hackers' Conference
 
Subscribers may search ILR's Privacy & Security database 

JURISDICTION & PROCEDURE 
 
Passive Website Doesn't Create 'Minimum Contacts' 
 
A passive website operated by a Virginia law firm is not a sufficient basis to allow a Texas court to hear a malpractice action brought by a Texas client who hired the firm to handle a copyright matter, the Texas Court of Appeals, Fifth District, ruled July 23.  In an opinion by Justice Carolyn Wright, the court stressed that the website did not allow an extensive exchange of information between the firm and people who accessed the site on their computers, and that the firm did not use the site to transact business over the Internet.  Fowler v. Litman, 2008 ILRWeb (P&F) 2323.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Interactive Website Alone Does Not Create Jurisdiction
 
Subscribers may search ILR's Jurisdiction & Procedure database

Latest Cases 
 
·  Al-Aqeel v. Paulson, 2008 ILRWeb (P&F) 2411 [D DC] (Government's posting of press release on Treasury Department website announcing defendant's designation as a "Specially Designated Global Terrorist" was adequate; did not violate due process)
·  Arista Records, LLC v. Does 1-9, 2008 ILRWeb (P&F) 2333 [SD Ohio] (Court upholds magistrate's denial of motion to quash subpoena in P2P infringement case)
·  Bauer v. Glatzer (Order Dismissing Second Amended Complaint Against Defendant Wikimedia Foundation, Inc.), 2008 ILRWeb (P&F) 2331 [NJ Super Ct] (Defamation suit against Wikimedia dismissed on CDA grounds)
·  Fiser v. Dell Computer Corp., 2008 ILRWeb (P&F) 2103 [NM Sup Ct] (New Mexico joins jurisdictions that won't enforce class action bans in consumer contracts)
·  Fowler v. Litman, 2008 ILRWeb (P&F) 2323 [Tex Ct App] (Passive website operated by a Virginia law firm is not a sufficient basis to allow a Texas court to hear a malpractice action brought by a Texas client who hired the firm to handle a copyright matter)
·  George & Company, LLC v. Imagination Entertainment Ltd., 2008 ILRWeb (P&F) 2327 [ED Va] (Ownership of the mark "LCR" is not itself enough to form the basis of cybersquatting action against the owner of two domain names incorporating the words "left center right")
·  Margae, Inc. v. Clear Link Technologies, LLC, 2008 ILRWeb (P&F) 2101 [D Utah] (Contract permitting one party to modify the terms at any time by posting an amendment online was not unconscionable)
·  Massachusetts Bay Transportation Authority v. Anderson (Temporary Restraining Order), 2008 ILRWeb (P&F) 2409 [D Mass] (Federal judge issues order barring three MIT students from releasing data at Las Vegas 'hackers' conference)
·  Maverick Recording Co. v. Harper, 2008 ILRWeb (P&F) 2415 [WD Tex] (Fact issue exists as to whether 16-year-old P2P user was an innocent infringer)
·  Mazur v. eBay, Inc., 2008 ILRWeb (P&F) 2329 [ND Cal] (Allegedly misleading statement posted on eBay's website and effectively distributed to thousands of readers can form the basis of a RICO claim for "pattern of racketeering activity")
·  Mortgage Market Guide, LLC v. Freedman Report, LLC, 2008 ILRWeb (P&F) 2325 [D NJ] (Despite a variety of defects and errors made during the course of the copyright registration of a website, plaintiff's copyright is still valid)
·  Quixtar, Inc. v. Signature Management TEAM, LLC, 2008 ILRWeb (P&F) 2319 [D Nev] (Despite uncertain standing, court vacates order unmasking anonymous web speakers)
·  Reology Services Group, LLC v. Creative Explosions, Inc., 2008 ILRWeb (P&F) 2321 [D NJ] (Jurisdiction over website based only on accessibility in the forum is unreasonable as a matter of constitutional due process)
·  Solon AG v. eXpensiveDomains.com Project, 2008 ILRWeb (P&F) 2407 [WIPO] (Where only seven of respondent's 2,400+ domain names were the marks of third parties, complainant failed to show that respondent was a "prolific cybersquatter")
·  UMG Recordings, Inc. v. Doe, 2008 ILRWeb (P&F) 2335 [ND Cal] (Record companies' motion for leave to take immediate discovery granted in P2P infringement case)
·  United States v. Goddard, 2008 ILRWeb (P&F) 2413 [9th Cir] (Conditions of supervised release restricting computer use are reasonable when narrowly construed)
·  United States v. Mosby, 2008 ILRWeb (P&F) 2317 [ED Va] (Postal employee had no reasonable expectation of privacy in office computer because he was required to click to accept a privacy disclaimer warning banner upon each log-in)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Bunnell v. Motion Picture Association of America (Appellants' Opening Brief), 2008 ILRWeb (P&F) 2238 [9th Cir] (Appellant alleges that hacker's access of e-mail in electronic storage constituted a violation of Wiretap Act)
·  Bunnell v. Motion Picture Association of America (Brief of Amicus Curiae Electronic Frontier Foundation in Support of Plaintiffs-Appellants), 2008 ILRWeb (P&F) 2402 [9th Cir] (Amicus argues that federal wiretapping law protects e-mails from unauthorized interception while they are temporarily stored on the e-mail servers that transmit them)
·  DSW, Inc. v. Zappos.com, Inc. (Complaint), 2008 ILRWeb (P&F) 1830 [SD Ohio] (Complaint alleges trademark infringement, other causes of action, based on affiliate web marketing)
·  Securities and Exchange Commission v. Butko (Complaint), 2008 ILRWeb (P&F) 2404 [D Conn] (Russian man allegedly manipulated stock prices by hacking into accounts)
·  United States v. Drew (Brief of Amici Curiae Electronic Frontier Foundation, et al. in Support of Defendant's Motion to Dismiss), 2008 ILRWeb (P&F) 2400 [CD Cal] (Amici urge judge to dismiss computer crime charges in MySpace case)
·  ValueClick, Inc. v. TACODA, Inc. (Complaint), 2008 ILRWeb (P&F) 2236 [CD Cal] (Holder of patents related to online behavioral advertising sues competitor for patent infringement)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Femtocells: Competitive Outlook for Service Providers - New!
Femtocells, mobile network base stations for residential or small business environments, pose a technology conundrum for the telecommunications industry. Optimistically, hundreds of thousands or millions of the devices could be built and installed in consumer residences and small businesses within the next several years, fueling the widespread adoption of 3G broadband over mobile devices. On the other hand, femtos could end up being simply niche home antennas that boost in-building mobile signals and offload backhaul traffic onto the incumbent broadband network. In this report, we outline the market opportunities and technical hurdles involved in femtocell deployments, detail the femto plans among the nation's top mobile and wireline carriers, and explore the role that femtos will play in 4G network deployments.  Learn More  Order Now

Events & Conferences 
 
Legal Risk Management Forum II: Overcoming Obstacles in the Web 2.0 World
Early Bird Registration Expires Friday, August 15!
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 15!  Hear from Google, NBC Universal, AOL, LinkedIn, FTC, Comcast Interactive Media, Phorm, Harvard, Proskauer Rose, Covington & Burling, Bingham McCutchen, 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.  Ask about our guest discount for P&F subscribers.  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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