Journal of Internet Law articles from March 2003

Journal of Internet Law archives from March 2003

Revisiting key provisions in software and outsourcing agreements.
March 1, 2003... Key provisions in software license and outsourcing agreements should be revisited and updated in light of the events of 9/11 and changes in privacy laws, intellectual property practices, and the business purposes of information technology...

Backlash: legislative responses to entertainment industry initiatives in the 107th Congress.
March 1, 2003... During the second session of the 107th Congress, congressional champions of the entertainment industry introduced a series of bills intended to combat the perceived threat of Internet copyright infringement. These bills include the Hollings...

A year in e-commerce--developments in the UK and the rest of Europe in 2003.
March 1, 2003... The year 2002 was another active year in Europe for the Internet and e-commerce, but perhaps one with less controversial moments than the year before. This article, which will appear in two parts, will show the pace of developments in...

DC Circuit upholds FCC Pole Attachment rules. (Telecommunications Law Update).
March 1, 2003... On December 20, 2002, the US Court of Appeals for the DC Circuit upheld three FCC orders that implement amendments to the Pole Attachments Act (PAA) in Southern Company Services, Inc. v. FCC [Case No. 01-1326 (DC Cir. Dec. 20, 2002)]. The...

FCC seeks comments on further revisions to Nextel public safety plan. (Telecommunications Law Update).
March 1, 2003... The Wireless Telecommunications Bureau (Wireless Bureau) of the Federal Communications Commission (FCC) has issued a public notice seeking comments on the Supplemental Comments of the Consensus Parties concerning resolution of interference...

FCC requests comments on plug-and-play-digital television proposal. (Telecommunications Law Update).(Brief Article)
March 1, 2003... The cable television and consumer electronics industries, under pressure from Congress and the Federal Communications Commission (FCC) filed a memorandum of understanding (MOU) regarding plug-and-play cable compatibility for digital...

Federal agencies seek coordinated action on national telemarketing rules. (Telecommunications Law Update).
March 1, 2003... Jurisdiction over the industries covered by the Telephone Consumer Protection Act of 1991 (TCPA) is shared by the Federal Communications Commission (FCC), which regulates telecommunications carriers and their networks, and the Federal Trade...

TigerDirect files claim against WhenU.com for pop-ups that redirect customers. (IP Law Update).
March 1, 2003... TigerDirect, Inc., a subsidiary of Systemax, Inc., filed an action for trademark infringement, dilution, and unfair competition against WhenU.com in the Southern District of Florida [Case 02-CV-23306 So. D. Fl.] on November 13, 2002....

Yahoo! seeks declaratory judgment against NCR for non-infringement of internet patents. (IP Law Update).(Brief Article)
March 1, 2003... NCR sent a cease-and-desist letter to Yahoo! claiming that Yahoo! infringed 10 patents. Yahoo! responded by seeking a declaration that it is not infringing NCR's patents and that NCR's patents are invalid. NCR had previously filed an action...

District Court issues "must carry" injunction against Microsoft. (IP Law Update).(Brief Article)
March 1, 2003... On December 23, 2002, Judge Motz of the US District Court in Maryland issued a "must carry" injunction against Microsoft compelling it to carry Sun's most current Java runtime environment to be installed by default on any product containing...

WIPO publishes survey of intellectual property issues on the Internet. (IP Law Update).(World Intellectual Property Organization)
March 1, 2003... In December 2002, the World Intellectual Property Organization (WIPO) published a 200-plus-page report entitled "Intellectual Property on the Internet: A Survey of Issues." The document is available at http://ecommerce.wipo.int. Among other...

Mickey Mouse prevails? Supreme Court upholds constitutionality of Copyright Term Extension Act. (IP Law Update).
March 1, 2003... In Eldred v. Ashcroft [2003 LEXIS 751 (Jan. 15, 2003], the US Supreme Court considered a challenge to the 1998 Sonny Bono Copyright Term Extension Act (CTEA) brought by Eric Eldred, who runs an online archive of published works, among others....

Blackberry blues: the blackberry saga continues. (IP Law Update).
March 1, 2003... Anyone following NTP, Inc. v. Research in Motion [Case 01-CV-767 9E.D. Va.)] must be fascinated and amazed. The jury in the case found that three of Research in Motion's (RIM) products infringed four of the asserted claims and that the...

Split WIPO panel refuses to award transfer of a domain name hosting criticism Web site. (Internet Law Update).
March 1, 2003... In Legal & General Group PIC v. Image Plus [WIPO Case No. D2002-1019 (Dec. 30, 2002)], the complainant is the registrant of a number of .com domain names and is the registered owner of trademarks incorporating the words "legal" and "general"...

Florida furniture retailer wins temporary injunction against consumer-oriented criticism site. (Internet Law Update).(Kane's Furniture)(Brief Article)
March 1, 2003... On December 19, 2002, Kane's Furniture in Florida won a temporary injunction against the criticism Web site kanes-furniture.net. Judge Logan of the Middle District of Florida, Pinellas County, issued an injunction ordering the site shut down...

More than 143 million software downloads of KazaA's software sufficient contacts for specific jurisdiction. (Internet Law Update).
March 1, 2003... Plaintiffs brought actions for copyright infringement pursuant to 17 U.S.C. [section] 501, et seq. Defendant Sharman moved to dismiss for lack of personal jurisdiction, lack of subject matter jurisdiction, improper venue, and forum non...

Fifth Circuit declines to assert personal jurisdiction in defamation case when the forum state was not specifically targeted. (Internet Law Update).
March 1, 2003... In an action for defamation, Oliver Revell sued Hart Lidov and Columbia University over Lidov's authorship of an article posted on an electronic bulletin board hosted by Columbia University. [Revell v. Lidov, 2002 WL 31890992 (5th Cir....