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Read current issue: Volume III, Issue 7: April 7, 2005
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Managing Editor:
Javad Heydary (Heydary Hamilton PC)

Review Editors:
Bruce N. McWilliam (McMillan Binch LLP)
Martin P.J. Kratz (Bennett Jones LLP)
Michael G. Beairsto (Fraser Milner Casgrain LLP)
Sheldon Burshtein (Blake, Cassels & Graydon LLP)

Sponsors:
Canadian Advance Technology Alliance

Heydary Hamilton PC

Regular Contributors:
Andrew S. Nunes (Fasken Martineau DuMoulin LLP)
Christopher L. Bennett (Davis & Company)
David Spratley (Davis & Company)
Glen Perinot (Heydary Hamilton PC)
James E. Longwell (Ogilvy Renault)
Jenifer Aitken (Borden Ladner Gervais)
Jeremy Spry (Canadian Broadcasting Corporation)
Lara Edwards (Heenan Blaikie LLP)
Marc Shewchun (Blake, Cassels & Graydon LLP)
Parna Sabet (Blake, Cassels & Graydon LLP)
Sandra Cha (Heydary Hamilton PC)

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Laws of .Com \| Volume III, Issue 6: March 24, 2005 Maine Court Rules on Identifying Anonymous Internet Users Google Loses Appeal in French Trademark Case Michigan Court of Appeals Finds Union Owes Duty to Protect Employees from Identity Theft French News Service Sues Google Ongoing U.S. State-Federal Dispute over Internet Gambling U.S. Banks May Have to Warn Customers of Suspected Identity Theft French Court of Appeal Rules on Downloading	Laws of .Com \| Volume III, Issue 5: March 10, 2005 Amazon.com Granted New U.S. Patent re Novel Business Process U.S. Satellite Company DirecTV Sues Nineteen Canadians EU Council Approves Software Patent Directive Music Industry Continues Strategy of Suing File-Swappers Privacy Related Class Action Filed Against CIBC Microsoft Gets a Second Chance in $521M Web Browser Patent Suit VOIP Continues to Make News Should Software Makers be Liable for Flaws?
Laws of .Com \| Volume III, Issue 4: February 24, 2005 Lawsuit Alleges eBay's Bidding Practices are Illegal Canadian Federal Government Publishes Its Secure Electronic Signature Regulations EU Parliament Rejects Proposed Law on Software Patents Washington State Court Denies AOL Choice of Jurisdiction Clause Record Fine for DJ's MP3 Piracy Motion Picture Association of American Shuts Down File-Swapping Site Dutch Court Prohibits Web-based Gambling Court Finds Jury Members Should not Use Internet for Coming to Decisions First SPIM Arrest Canadian Competition Bureau Sweeps Internet for Scams and Spam New Zealand Restaurant Fined for Out-of-Date Menu Information on its Website Online Information Broker Sued for Failing to Protect Confidential Database Canadian Federal Court of Appeal Issues Judgment in Privacy Case (Englander v. Telus)	Laws of .Com \| Volume III, Issue 3: February 10, 2005 Quebec Company Fined for Failing to Provide Bilingual Website Canadian Doctor Suspended for Prescribing Drugs for U.S. Patients Piracy Bill Targets Camcorders in Movie Theatres Appellate Court Considers a Discussion Forum's Right to Rely on Section 230 of the CDA Greek Privacy Regulator Declares Employees' Emails to be Private English Courts Are Not an International Libel Tribunal Court Decides Internet Users More Likely to Confuse Trade-marks
Laws of .Com \| Volume III, Issue 2: January 27, 2005 U.S. Plans to Track Visitors with RFID Chips Canadian Government Claims U.S. Court Decision in RIM Litigation Threatens Canadian Business Rhode Island Decides to Licence Canadian Online Pharmacies Copyright Collective to seek Levy on MP3 players from Supreme Court Internet Tobacco Sales: New York Moves to Tax Sales & Online Retailer Indicted Ohio Court Initiates Online Posting of Videos of Court Proceeding U.S. Appeals Court Upholds Web casting Rates Spam Complainant sued for Tortuous Interference and Defamation File Swapping Arrest first in Hong Kong Court Dismisses Action against ISP for Suspending User Account	Laws of .Com \| Volume III, Issue 1: January 13, 2005 Appeals Court Finds Rule-Based Works are not “Original” for U.S. Copyright Law Utah Anti-Spam Law Doesn’t Prohibit Pop-up Advertisements U.S. Federal Court of Appeals Rules DMCA Does Not Allow Subpoenaing of ISP Subscriber Information RIAA v. Verizon Revisited: German Court Rules ISP’s not Required to Disclose File-Swapper Info Appeals Court Upholds Decision Barring Regulation of VoIP European Commission Approves New Set of Standard Contractual Clauses for the Transfer of Personal Data
Laws of .Com \| Volume II, Issue 24: December 16, 2004 U.S. Supreme Court Rules that Ex-Police Officer's Pornographic DVDs not Protected Free Speech Canadian Privacy Commissioner Issues Spam Decision Generic Domain Grabbing not Unethical, German Court U.S. Supreme Court Addresses Statutory Fair Use Defense in Trademark Case Commerce One’s Web Services Patents Auctioned for $15.5M (U.S.) Court of Appeals Considers Notice and Take Down Provision Under the DMCA New Laws Target Video Voyeurs Internet Pharmacies to Operate Legally in Manitoba	Laws of .Com \| Volume II, Issue 23: December 2, 2004 Federal Court of Appeal Interprets PIPEDA in Englander v. Telus Communications Inc. U.S. Federal Court Finds Website Listing Properties for Sale does not Require Broker’s Licence U.S. Court Finds Use of Keystroke Logger does not Violate Wiretap Act Law Firm Sued for Copyright Infringement over Website Content Administrative Charges for Requests for Personal Information Contravention of PIPEDA Google Sues for Click Fraud and Gets Sued for Copyright Infringement over “Image Search” SnapNames Sues ICANN for Tortuous Interference over Delayed Wait List Service
Laws of .Com \| Volume II, Issue 22: November 18, 2004 Judge Finds Content from the Internet Archive Website Admissible WTO Report Finds U.S. in Breach of GATS over Online Gambling Dispute Ontario Judge Awards Significant Damages in Cyber libel Case B.C. Privacy Commissioner Releases Report on U.S. PATRIOT Act Dow Jones Settling Internet Defamation Case by Gutnick Privacy Commissioner of Canada releases Annual Report FCC VoIP Ruling Removes Regulatory Power from the States Indian Supreme Court Finds Computer Software a “Good” & not a “Service” UPS and Other Couriers File Suit against Maine’s Tobacco Sales Law Idaho Obtains Judgement to Permanently Ban Fax Spammer from State European Court of Justice Releases Decisions on Scope of Database Protection	Laws of .Com \| Volume II, Issue 21: November 4, 2004 North Carolina Man Sentenced to Nine Years for Sending Spam Ontario Enacts New Health Privacy Legislation Austrian Supreme Court Awards Costs in ICANN UDRP Case UK Courts Address Jurisdiction in Internet Libel Cases Ontario Court Decision Shows Potential Problems with Enforcing Non-Solicitation Covenants Employer’s Collection of Biometric Information Not Contravention of PIPEDA Report Concludes Cease & Desist Letters Under DMCA Abused New U.S. Federal Appeals Court Ruling on DMCA & Printer Cartridge Chips U.S. and Antigua Break Off Settlement Talks in Internet Gambling Dispute
Laws of .Com \| Volume II, Issue 20: October 20, 2004 9th Circuit Court of Appeals Affirms Internet Fraud Damages First State Case under U.S. Federal Can-Spam Act Settles Privacy Concerns Raised over FDA’s Approval of Medical Data Chip ISPs Ordered to Divulge Names of British File Swappers U.S. Supreme Court Confirms ISPs Not Bound to Identify Music Sharing Subscribers New York Court Refuses to Enforce Forum Selection Clause in Website Agreement VoIP Battle Intensifies in Hong Kong	Laws of .Com \| Volume II, Issue 19: October 7, 2004 Ontario Court of Appeal Releases its Decision in Robertson Case Holding Database Inclusion Constituted Copyright Infringement California Court Finds Misuse of Digital Millennium Copyright Act Recent Decisions of Privacy Commissioner Review Practices of Satellite Television Provider & Contest Sponsor U.S. District Court Strikes Down Statutory Amendments Made by U.S. Patriot Act Ontario Court affirms Privilege Extends to Electronic File References in Pleadings U.S. Appeals Courts Finds Websites not “Places of Public accommodation” Under Disability Legislation Court Strikes Down Anti-bootlegging Statute Australian Court Finds Copyright Infringement in Data Mining of .UK WHOIS Database Ontario Superior Court Examines “Organization” and “Commercial Activities” under PIPEDA
Laws of .Com \| Volume II, Issue 18: September 23, 2004 Pennsylvania Internet Child Pornography Act Struck Down Ontario Racing Commission Challenges Canadian Gambling Site Release of Revised Draft Regulations to Ontario Consumer Protection Act, 2002 U.S. Federal Bill Would Prohibit Double State Taxation of Telecommuter Income Google Launches Controversial Hong Kong Website Scottish Online Defamation Suit Settles Supermarket Chain Faces Privacy Lawsuit New U.S. Action and German Court Decision on Google's Adwords Program	Laws of .Com \| Volume II, Issue 17: September 9, 2004 U.S. Court of Appeals Upholds Anti-ecommerce Protectionist State Law U.S. Court of Appeals Finds "Digital Sampling" of Music Can be Infringement of Copyright Atlantic Canada Governments to Sell Lottery Tickets Online Ontario Court Orders Disclosure of Employees' Personal Information despite PIPEDA U.S. Court of Appeals Rules Universal Transmitter Does Not Violate Digital Millennium Copyright Act Man Receives Criminal Conviction under HIPAA Internet-Only Pharmacies in England Get the Green Light RIAA Sues More File-Sharers While Report Shows Progress for University Anti-Piracy Initiatives
Laws of .Com \| Volume II, Issue 16: August 5, 2004 California Court of Appeal Rules eBay Not Liable for Comments Posted by User B.C. Government Examines the Implications of the Patriot Act U.S. Court of Appeals Orders New Trial in Trade Secrets Case In First of its Kind, Man Pleads Guilty Under U.S. Internet Harassment Law Fifth Circuit Court of Appeal Addresses Mandatory Arbitration Clause Report Outlines Serious Privacy Concerns Regarding Online Pharmacies U.S. Congress Reviewing Two Bills to Regulate VoIP Services U.S. Court of Appeals Denies Injunction in Copyright Dispute over Online Product Descriptions	Laws of .Com \| Volume II, Issue 15: July 22, 2004 U.S. Court Asserts Jurisdiction over Copyright Infringement Claim File Sharing On the Rise Microsoft’s Antispam Strategy Reaps US$4 Million Judgment Canadian Recording Industry Association Appeals Court Ruling Regarding Peer-to-Peer File Sharing U.S. Court Dismisses Appeal on Copyright in Online Product Descriptions Leaving Messages May Create Privacy Law Liability U.S. District Court Limits State Attempts to Govern VoIP
Laws of .Com \| Volume II, Issue 14: July 8, 2004 In Landmark Decision (Tariff 22), Supreme Court of Canada Rules ISPs Not Liable for Copyright Violations by Subscribers United States, United Kingdom and Australia Unite to Fight Spam Together U.S. Court Finds Email Monitoring Does Not Violate Privacy Laws Quebec Court Dismisses Claim of Internet Defamation U.S. Appeals Court Dismisses Appeal in Microsoft Antitrust Case The Ontario Privacy Commission Releases 2003 Annual Report Negotiation Instead of Litigation over Internet Gambling U.S. Supreme Court Rules COPA Unconstitutional	Laws of .Com \| Volume II, Issue 13: June 24, 2004 ISPs Not Liable for Copyright Infringement for Storing Data U.S. Appeals Court Finds No Civil Liability for Mere Possession of Pirate Access Devices French Court Fines AOL for "Abusive and Illegal Contracts" Zero-Knowledge Initiates Copyright Suit Against IBM EC Releases Consultation Paper on Regulation of VoIP - U.S. Justice Department seeks Regulation of VoIP to Facilitate Police Surveillance US Court Says No to Employment Notification Sent via Email Federal Court Overturns Privacy Commissioner's Finding in Video Surveillance Case Extracting and Posting Website Facts Not Copyright Infringement Canadian Spammer Settles CAN-SPAM Lawsuit
Laws of .Com \| Volume II, Issue 12: June 10, 2004 Ontario Court of Appeal Finds Online Defamation Warrants Increased Damages CDRP Panellist Declines to Transfer .Ca Domain Name In default Case Australian Court Sets Important Privacy Law Precedent New York Applies Telephone Regulation to VoIP RIAA Files 493 More Lawsuits against File Sharers New Bill Enables Import and Online Purchases of Pharmaceutical Drugs British Columbia Privacy Commissioner Launches Patriot Act Probe RCMP Charges Mississauga Teen Spammer Plaintiff Uses PIPEDA to Argue against the Admissibility of Video Surveillance	Laws of .Com \| Volume II, Issue 11: May 27, 2004 Tax Court of Canada Rules that Taking Online Distance Course is not Commuting UK Watchdog Fines Six Foreign Companies for Text Spam and Scams Australian Man Sentenced to Jail for Cross-border Cyberstalking Overstock Leads Charge against Spyware Canadian Government Releases Framework for Electronic Authentication Canadian Company Seeks $500M from Intel in U.S. Patent Suit Canadian MPs Release Interim Report on Copyright Reform The FBI Plans on Prosecuting Email Spammers Pursuant to the Can-Spam Act as Reformed Spammer Claims Compliance has been Disadvantageous for Business Ontario Court Rules Videotaped Evidence from Nanny Camera is Admissible UK Government Indicates Privacy Legislation Unnecessary
Laws of .Com \| Volume II, Issue 10: May 13, 2004 Canadian Government Introduces Anti-Spam Action Plan U.S. Grants Patent for Method to Plant Decoys in P2P Networks to Thwart File Sharing Canadian Internet Pharmacy Founder Fighting to Clear his Name Pharmaceutical Companies Get Tough on Internet Pharmacies While U.S. Official Starts Supporting Drug Imports Lawyers Not Subject to U.S. Privacy Legislation Privacy Groups Continue Criticism of Google’s Gmail Canada Issues Privacy Investigative Body Regulations U.S. Internet Decisions Consider Whether Website Sufficient to Establish Jurisdiction 2nd Circuit Court of Appeals Upholds Fair Use Defence in Internet Copyright Case Canada Issues proposed Secure Electronic Signature Regulations	Laws of .Com \| Volume II, Issue 9: April 29, 2004 Criminal Charges Filed for First Time under U.S. Spam Legislation Court Upholds Enforceability of Clickwrap Agreement that Was Accepted Under Protest U.S. Court of Appeals Overturns Decision on Disgruntled Homebuyer's Website German Open Source Proponent Obtains Order Enforcing GNU General Public License Sex.com Dispute Finally Settles Canadian Phone Companies Protest CRTC's VoIP Opinion FCC VoIP Ruling Could Cost AT&T Billions U.S. Appeals Court Finds Registered Trade Mark Generic for Purposes of ACPA U.S. Court Upholds Prison Term in Online Pharmacy Case The Use of Video Surveillance by Employer Violates PIPEDA/
Laws of .Com \| Volume II, Issue 8: April 15, 2004 Internet Pharmacy Sues Health Canada Federal Government Called Upon to Ban Internet Pharmacies Florida Court Orders RIAA to Bring Individual Suits against Alleged File Swappers Google Mail Alleged to Violate European Privacy Laws Eight European Nations Fail to Implement the E-Privacy Directive Canadian Privacy Commissioner’s E-kit for Businesses British Columbia and Alberta Exempt from PIPEDA PGA Tour Wins Battle over the Internet Posting of Real-Time Golf Scores CRTC Releases Preliminary View on VoIP Services U.S. Advocacy Groups Lobby FCC to Protect VoIP from Regulations U.S. Senate Bill Introduced to Grant Federal Government Exclusive Regulatory Authority Over VoIP Supreme Court of Canada to Hear Criminal Spam Case UN E-commerce Group Releases Revised Draft Convention on the Use of Data Messages in International Contracts U.S. Broadband Industry May be Forced to Share Following Cable Modem Decision	Laws of .Com \| Volume II, Issue 7: April 1, 2004 Canadian Federal Court Dismisses Motion to Compel ISP to Disclose Identity of File Sharers California Appeals Court Finds Personal Jurisdiction over Two Out-of-State Businesses Privacy Commissioner of Canada Releases New Decisions The Dutch Supreme Court Rules ISP can Ban Spammers German Court Rules Pop-Up Ads Require Permission B.C. Supreme Court Finds Potential Liability for Chat Room Owners over Postings European Union Hits Microsoft with Record $613 Million Fine for Antitrust Abuses Japanese Court Finds No Copyright Exists in Web News Headlines Court Finds New York Times Liable for Defamation for Use of Company's Graphic in Article Accountant Sues Search Engines for Libel for "Injurious" Search Results World Trade Organization Rules that the U.S. Should be Opened to Internet Gambling Philippines Government to Benefit from Online Gambling
Laws of .Com \| Volume II, Issue 6: March 18, 2004 The European Union Passes New Antipiracy Law Information Broker Pays Settlement to Mother of Slain Girl Utah Passes First State Net Filtering Bill B.C. Introduces New Consumer Protection Bills RIAA Ordered to Sue “John Doe” Defendants Individually; Recording Companies Seek Copyright Fees from Chinese Karaoke Bars Spam Lawsuits Filed by U.S. Internet Providers Include Canadian Defendants Online Pharmacy Takes Federal Government to Court U.S. Federal Communications Commission Releases VoIP Rulemaking Initiative EC Data Protection Directive Working Party Critical of Canadian Airline Passenger Information Program Protest Site Withstands Scrutiny under Anticybersquatting Legislation	Laws of .Com \| Volume II, Issue 5: March 4, 2004 Supreme Court of Canada Rules Law Society’s Photocopying Policy Does Not Violate Copyright Law U.S. Supreme Court Rules No Recovery against Government for Privacy Act Violations without Actual Damages UK High Court Asserts Jurisdiction in Internet Libel Case U.S. Court Rules Extraction of Data by American Company from a Canadian Company’s Online Database Does Not Violate DMCA U.S. Do-Not-Call Registry Does Not Violate the First Amendment District Court Enjoins Manufacture and Distribution of DVD copying software Texas Doctor Sentenced to Jail for Prescribing over the Internet FDA Sends Warning to Minnesota over its Prescription Drug Website California Appeals Court Reverses Order Prohibiting Internet Publication of DVD-Cracking Code U.S. Federal Trade Commission Levies Fines under the Children’s Online Privacy Protection Act Microsoft Brings Its Battle with Lindows to Canada ICANN Faces Suits over Internet Domain Name Regulatory Practices
Laws of .Com \| Volume II, Issue 4: February 19, 2004 eBay Not Liable for Negative Feedback Posted by its Users Alberta Court Finds Online Defamation Warrants Increased Damage Award Court Upholds Jury Award of $20 Million for Copyright Infringement in Newsletter Case U.S. - Australia Free Trade Agreement Strengthens Australian Copyright Laws U.S. Federal Appeals Court Upholds Wine Ban CIRA Transfers "mtv.ca" to MTV Television in Latest .Ca Domain Name Dispute Decision U.S. Court of Appeals Reverses Application of Safe Harbour Liability Limitation for Copyright Infringement by AOL Canadian Recording Industry Taking Action against Individual "Uploaders" FCC Decides Against Regulation of VoIP But Decides to Regulate Provision of Internet Access by Public Utilities	Laws of .Com \| Volume II, Issue 3: February 5, 2004 Ontario Court Asserts Jurisdiction Over Washington Post Based on Online Publication U.S. Court of Appeals Finds Formation of On-line Contract Does Not Require "I Agree" Canadian Company to Offer High-speed Internet Access Via Hydro Lines France Gets Ready to Take Action against Internet Piracy RIAA Targets Individuals on Anonymous Basis - Australia Music Industry Sues ISP B.C. Court Rules Forward Looking Infra-Red Technology Does Not Constitute a Search FTC Releases Report on 2003 Consumer Fraud and Identity Theft Complaints Federal, British Columbia and Alberta Privacy Commissioners Agree to Cooperate U.S. Telemarketers Required to Identify Themselves to Consumers by Caller ID Lawsuit Launched Against Credit Card Companies over Piracy of Internet Pornography Minnesota Judge Refuses to Reserve VoIP Decision - Panama Introduces Tax on VoIP The VoIP Regulatory Debate Intensifies in Canada - TRAI Amends its Quality of Service Regulations for VoIP Long Distance Service in India U.S. National Cable Association Proposes Limited VoIP Regulation
Laws of .Com \| Volume II, Issue 2: January 22, 2004 Canadian Consumer Ministers Approve E-Commerce Code U.S. Court of Appeals Dismisses Honeywell's Attempt to Utilize Trademark Protection in Expired Patent Case Copyright Ruling Appealed by Industry Groups - CRIA Launching Lawsuits Against File Swappers Canadian Firm Required to Pay Redress for Misleading Domain Name Marketing VoIP: Level 3 Files Petition Seeking Exemption - FCC Chair Opposes Application of Existing Regulation - FBI Seeks Ability to Intercept Conversions - Bangladesh Telecom Breaks Law U.S. Court of Appeals Rules that "Lawoffices" is Not Entitled to Trademark Protection USPTO Releases List of Top Ten Patent Recipients for 2003 Microsoft Still on the Hook in EOLAS Patent Battle Canadian Race Track First to Offer Online Gambling U.S. Court of Appeals Finds Trade-mark Rights May Limit "Keyed" Internet Searches	Laws of .Com \| Volume II, Issue 1: January 8, 2004 Nova Scotia Introduces New Regulations to Protect Online Shoppers Blending Barbie: U.S. Copyright, Trademark and Trade Dress Law and the Net Ontario Introduces Health Information Protection Act European Court Allows Ban on Sale of Prescription Drugs over the Internet U.S. Court of Appeals Overturns Rulings of District Court in File Sharing Cases Draft Regulations to Ontario's Consumer Protection Act China Issues Internet Publishing Licenses for the First Time Canadian Doctors May Lose Insurance Coverage for Lawsuits Related to Internet Drug Sales

Laws of .Com | Volume I, Issue 12: December 11, 2003

Laws of .Com | Volume I, Issue 11: November 27, 2003

Laws of .Com | Volume I, Issue 10: November 13, 2003

Laws of .Com | Volume I, Issue 9: October 30, 2003

Laws of .Com | Volume I, Issue 8: October 16, 2003

Laws of .Com | Volume I, Issue 7: October 2, 2003

Laws of .Com | Volume I, Issue 6: September 18, 2003

Laws of .Com | Volume I, Issue 5: September 4, 2003

Laws of .Com | Volume I, Issue 4: August 21, 2003

Court Finds Company Liable For Employees' Unauthorized Distribution of E-newsletter

Court Extends Movies’ Copyright Protection to Trailers

Merrill Lynch Prohibits Third-Party E-mail Use

Tennessee’s Court of Appeals Holds That Prodigy’s Online Information Services Not Subject to State Sales Tax

Internet Matchmaking Service Immune in Identity Theft Case

Online Sex Offender Register Law ("Megan’s Law") Survives Another Challenge

Entertainment Industry Appeals Ruling That Favoured Grokster

Laws of .Com | Volume I, Issue 3: August 7, 2003

Laws of .Com | Volume I, Issue 2: July 24, 2003

Original Registrant Loses Acrobat.ca

P2P: Survey Released & Proposed U.S. Legislation With Criminal Provisions

Music Industry Subpoenas ISP & Investigates Users At University

U.S. Federal Court of Appeals Refuses Jurisdiction Over "Semi-Interactive" Website

Ontario Company Launches Suit Against ICANN Over the Wait List Service

Secondary Disclosure of Subscriber’s Personal Information Contravenes PIPEDA

EURid Designated as the European Registry for .eu

Australian Court Grants Damages For Invasion of Privacy In Landmark Case

Newfoundlander Convicted of “Trafficking” in Moose Antlers On the Internet

U.S. Court of Appeals Formulates Test For Website Operator Liability

CryptoLogic Subsidiary Settles Cross-Border On-line Patent Dispute

Laws of .Com | Volume I, Issue 1: July 10, 2003

Laws of .Com is sponsored by:

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Disclaimer: Laws of .Com is intended to provide you with general information on legal developments in the areas of e-business and technology law. It is not intended to be a complete statement of the law on any issues covered, nor is it intended to provide legal advice. You should not act or rely upon the information contained in this newsletter without seeking legal advice.


Laws of .Com \| Volume III, Issue 6: March 24, 2005 Maine Court Rules on Identifying Anonymous Internet Users Google Loses Appeal in French Trademark Case Michigan Court of Appeals Finds Union Owes Duty to Protect Employees from Identity Theft French News Service Sues Google Ongoing U.S. State-Federal Dispute over Internet Gambling U.S. Banks May Have to Warn Customers of Suspected Identity Theft French Court of Appeal Rules on Downloading	Laws of .Com \| Volume III, Issue 5: March 10, 2005 Amazon.com Granted New U.S. Patent re Novel Business Process U.S. Satellite Company DirecTV Sues Nineteen Canadians EU Council Approves Software Patent Directive Music Industry Continues Strategy of Suing File-Swappers Privacy Related Class Action Filed Against CIBC Microsoft Gets a Second Chance in $521M Web Browser Patent Suit VOIP Continues to Make News Should Software Makers be Liable for Flaws?
Laws of .Com \| Volume III, Issue 4: February 24, 2005 Lawsuit Alleges eBay's Bidding Practices are Illegal Canadian Federal Government Publishes Its Secure Electronic Signature Regulations EU Parliament Rejects Proposed Law on Software Patents Washington State Court Denies AOL Choice of Jurisdiction Clause Record Fine for DJ's MP3 Piracy Motion Picture Association of American Shuts Down File-Swapping Site Dutch Court Prohibits Web-based Gambling Court Finds Jury Members Should not Use Internet for Coming to Decisions First SPIM Arrest Canadian Competition Bureau Sweeps Internet for Scams and Spam New Zealand Restaurant Fined for Out-of-Date Menu Information on its Website Online Information Broker Sued for Failing to Protect Confidential Database Canadian Federal Court of Appeal Issues Judgment in Privacy Case (Englander v. Telus)	Laws of .Com \| Volume III, Issue 3: February 10, 2005 Quebec Company Fined for Failing to Provide Bilingual Website Canadian Doctor Suspended for Prescribing Drugs for U.S. Patients Piracy Bill Targets Camcorders in Movie Theatres Appellate Court Considers a Discussion Forum's Right to Rely on Section 230 of the CDA Greek Privacy Regulator Declares Employees' Emails to be Private English Courts Are Not an International Libel Tribunal Court Decides Internet Users More Likely to Confuse Trade-marks
Laws of .Com \| Volume III, Issue 2: January 27, 2005 U.S. Plans to Track Visitors with RFID Chips Canadian Government Claims U.S. Court Decision in RIM Litigation Threatens Canadian Business Rhode Island Decides to Licence Canadian Online Pharmacies Copyright Collective to seek Levy on MP3 players from Supreme Court Internet Tobacco Sales: New York Moves to Tax Sales & Online Retailer Indicted Ohio Court Initiates Online Posting of Videos of Court Proceeding U.S. Appeals Court Upholds Web casting Rates Spam Complainant sued for Tortuous Interference and Defamation File Swapping Arrest first in Hong Kong Court Dismisses Action against ISP for Suspending User Account	Laws of .Com \| Volume III, Issue 1: January 13, 2005 Appeals Court Finds Rule-Based Works are not “Original” for U.S. Copyright Law Utah Anti-Spam Law Doesn’t Prohibit Pop-up Advertisements U.S. Federal Court of Appeals Rules DMCA Does Not Allow Subpoenaing of ISP Subscriber Information RIAA v. Verizon Revisited: German Court Rules ISP’s not Required to Disclose File-Swapper Info Appeals Court Upholds Decision Barring Regulation of VoIP European Commission Approves New Set of Standard Contractual Clauses for the Transfer of Personal Data
Laws of .Com \| Volume II, Issue 24: December 16, 2004 U.S. Supreme Court Rules that Ex-Police Officer's Pornographic DVDs not Protected Free Speech Canadian Privacy Commissioner Issues Spam Decision Generic Domain Grabbing not Unethical, German Court U.S. Supreme Court Addresses Statutory Fair Use Defense in Trademark Case Commerce One’s Web Services Patents Auctioned for $15.5M (U.S.) Court of Appeals Considers Notice and Take Down Provision Under the DMCA New Laws Target Video Voyeurs Internet Pharmacies to Operate Legally in Manitoba	Laws of .Com \| Volume II, Issue 23: December 2, 2004 Federal Court of Appeal Interprets PIPEDA in Englander v. Telus Communications Inc. U.S. Federal Court Finds Website Listing Properties for Sale does not Require Broker’s Licence U.S. Court Finds Use of Keystroke Logger does not Violate Wiretap Act Law Firm Sued for Copyright Infringement over Website Content Administrative Charges for Requests for Personal Information Contravention of PIPEDA Google Sues for Click Fraud and Gets Sued for Copyright Infringement over “Image Search” SnapNames Sues ICANN for Tortuous Interference over Delayed Wait List Service
Laws of .Com \| Volume II, Issue 22: November 18, 2004 Judge Finds Content from the Internet Archive Website Admissible WTO Report Finds U.S. in Breach of GATS over Online Gambling Dispute Ontario Judge Awards Significant Damages in Cyber libel Case B.C. Privacy Commissioner Releases Report on U.S. PATRIOT Act Dow Jones Settling Internet Defamation Case by Gutnick Privacy Commissioner of Canada releases Annual Report FCC VoIP Ruling Removes Regulatory Power from the States Indian Supreme Court Finds Computer Software a “Good” & not a “Service” UPS and Other Couriers File Suit against Maine’s Tobacco Sales Law Idaho Obtains Judgement to Permanently Ban Fax Spammer from State European Court of Justice Releases Decisions on Scope of Database Protection	Laws of .Com \| Volume II, Issue 21: November 4, 2004 North Carolina Man Sentenced to Nine Years for Sending Spam Ontario Enacts New Health Privacy Legislation Austrian Supreme Court Awards Costs in ICANN UDRP Case UK Courts Address Jurisdiction in Internet Libel Cases Ontario Court Decision Shows Potential Problems with Enforcing Non-Solicitation Covenants Employer’s Collection of Biometric Information Not Contravention of PIPEDA Report Concludes Cease & Desist Letters Under DMCA Abused New U.S. Federal Appeals Court Ruling on DMCA & Printer Cartridge Chips U.S. and Antigua Break Off Settlement Talks in Internet Gambling Dispute
Laws of .Com \| Volume II, Issue 20: October 20, 2004 9th Circuit Court of Appeals Affirms Internet Fraud Damages First State Case under U.S. Federal Can-Spam Act Settles Privacy Concerns Raised over FDA’s Approval of Medical Data Chip ISPs Ordered to Divulge Names of British File Swappers U.S. Supreme Court Confirms ISPs Not Bound to Identify Music Sharing Subscribers New York Court Refuses to Enforce Forum Selection Clause in Website Agreement VoIP Battle Intensifies in Hong Kong	Laws of .Com \| Volume II, Issue 19: October 7, 2004 Ontario Court of Appeal Releases its Decision in Robertson Case Holding Database Inclusion Constituted Copyright Infringement California Court Finds Misuse of Digital Millennium Copyright Act Recent Decisions of Privacy Commissioner Review Practices of Satellite Television Provider & Contest Sponsor U.S. District Court Strikes Down Statutory Amendments Made by U.S. Patriot Act Ontario Court affirms Privilege Extends to Electronic File References in Pleadings U.S. Appeals Courts Finds Websites not “Places of Public accommodation” Under Disability Legislation Court Strikes Down Anti-bootlegging Statute Australian Court Finds Copyright Infringement in Data Mining of .UK WHOIS Database Ontario Superior Court Examines “Organization” and “Commercial Activities” under PIPEDA
Laws of .Com \| Volume II, Issue 18: September 23, 2004 Pennsylvania Internet Child Pornography Act Struck Down Ontario Racing Commission Challenges Canadian Gambling Site Release of Revised Draft Regulations to Ontario Consumer Protection Act, 2002 U.S. Federal Bill Would Prohibit Double State Taxation of Telecommuter Income Google Launches Controversial Hong Kong Website Scottish Online Defamation Suit Settles Supermarket Chain Faces Privacy Lawsuit New U.S. Action and German Court Decision on Google's Adwords Program	Laws of .Com \| Volume II, Issue 17: September 9, 2004 U.S. Court of Appeals Upholds Anti-ecommerce Protectionist State Law U.S. Court of Appeals Finds "Digital Sampling" of Music Can be Infringement of Copyright Atlantic Canada Governments to Sell Lottery Tickets Online Ontario Court Orders Disclosure of Employees' Personal Information despite PIPEDA U.S. Court of Appeals Rules Universal Transmitter Does Not Violate Digital Millennium Copyright Act Man Receives Criminal Conviction under HIPAA Internet-Only Pharmacies in England Get the Green Light RIAA Sues More File-Sharers While Report Shows Progress for University Anti-Piracy Initiatives
Laws of .Com \| Volume II, Issue 16: August 5, 2004 California Court of Appeal Rules eBay Not Liable for Comments Posted by User B.C. Government Examines the Implications of the Patriot Act U.S. Court of Appeals Orders New Trial in Trade Secrets Case In First of its Kind, Man Pleads Guilty Under U.S. Internet Harassment Law Fifth Circuit Court of Appeal Addresses Mandatory Arbitration Clause Report Outlines Serious Privacy Concerns Regarding Online Pharmacies U.S. Congress Reviewing Two Bills to Regulate VoIP Services U.S. Court of Appeals Denies Injunction in Copyright Dispute over Online Product Descriptions	Laws of .Com \| Volume II, Issue 15: July 22, 2004 U.S. Court Asserts Jurisdiction over Copyright Infringement Claim File Sharing On the Rise Microsoft’s Antispam Strategy Reaps US$4 Million Judgment Canadian Recording Industry Association Appeals Court Ruling Regarding Peer-to-Peer File Sharing U.S. Court Dismisses Appeal on Copyright in Online Product Descriptions Leaving Messages May Create Privacy Law Liability U.S. District Court Limits State Attempts to Govern VoIP
Laws of .Com \| Volume II, Issue 14: July 8, 2004 In Landmark Decision (Tariff 22), Supreme Court of Canada Rules ISPs Not Liable for Copyright Violations by Subscribers United States, United Kingdom and Australia Unite to Fight Spam Together U.S. Court Finds Email Monitoring Does Not Violate Privacy Laws Quebec Court Dismisses Claim of Internet Defamation U.S. Appeals Court Dismisses Appeal in Microsoft Antitrust Case The Ontario Privacy Commission Releases 2003 Annual Report Negotiation Instead of Litigation over Internet Gambling U.S. Supreme Court Rules COPA Unconstitutional	Laws of .Com \| Volume II, Issue 13: June 24, 2004 ISPs Not Liable for Copyright Infringement for Storing Data U.S. Appeals Court Finds No Civil Liability for Mere Possession of Pirate Access Devices French Court Fines AOL for "Abusive and Illegal Contracts" Zero-Knowledge Initiates Copyright Suit Against IBM EC Releases Consultation Paper on Regulation of VoIP - U.S. Justice Department seeks Regulation of VoIP to Facilitate Police Surveillance US Court Says No to Employment Notification Sent via Email Federal Court Overturns Privacy Commissioner's Finding in Video Surveillance Case Extracting and Posting Website Facts Not Copyright Infringement Canadian Spammer Settles CAN-SPAM Lawsuit
Laws of .Com \| Volume II, Issue 12: June 10, 2004 Ontario Court of Appeal Finds Online Defamation Warrants Increased Damages CDRP Panellist Declines to Transfer .Ca Domain Name In default Case Australian Court Sets Important Privacy Law Precedent New York Applies Telephone Regulation to VoIP RIAA Files 493 More Lawsuits against File Sharers New Bill Enables Import and Online Purchases of Pharmaceutical Drugs British Columbia Privacy Commissioner Launches Patriot Act Probe RCMP Charges Mississauga Teen Spammer Plaintiff Uses PIPEDA to Argue against the Admissibility of Video Surveillance	Laws of .Com \| Volume II, Issue 11: May 27, 2004 Tax Court of Canada Rules that Taking Online Distance Course is not Commuting UK Watchdog Fines Six Foreign Companies for Text Spam and Scams Australian Man Sentenced to Jail for Cross-border Cyberstalking Overstock Leads Charge against Spyware Canadian Government Releases Framework for Electronic Authentication Canadian Company Seeks $500M from Intel in U.S. Patent Suit Canadian MPs Release Interim Report on Copyright Reform The FBI Plans on Prosecuting Email Spammers Pursuant to the Can-Spam Act as Reformed Spammer Claims Compliance has been Disadvantageous for Business Ontario Court Rules Videotaped Evidence from Nanny Camera is Admissible UK Government Indicates Privacy Legislation Unnecessary
Laws of .Com \| Volume II, Issue 10: May 13, 2004 Canadian Government Introduces Anti-Spam Action Plan U.S. Grants Patent for Method to Plant Decoys in P2P Networks to Thwart File Sharing Canadian Internet Pharmacy Founder Fighting to Clear his Name Pharmaceutical Companies Get Tough on Internet Pharmacies While U.S. Official Starts Supporting Drug Imports Lawyers Not Subject to U.S. Privacy Legislation Privacy Groups Continue Criticism of Google’s Gmail Canada Issues Privacy Investigative Body Regulations U.S. Internet Decisions Consider Whether Website Sufficient to Establish Jurisdiction 2nd Circuit Court of Appeals Upholds Fair Use Defence in Internet Copyright Case Canada Issues proposed Secure Electronic Signature Regulations	Laws of .Com \| Volume II, Issue 9: April 29, 2004 Criminal Charges Filed for First Time under U.S. Spam Legislation Court Upholds Enforceability of Clickwrap Agreement that Was Accepted Under Protest U.S. Court of Appeals Overturns Decision on Disgruntled Homebuyer's Website German Open Source Proponent Obtains Order Enforcing GNU General Public License Sex.com Dispute Finally Settles Canadian Phone Companies Protest CRTC's VoIP Opinion FCC VoIP Ruling Could Cost AT&T Billions U.S. Appeals Court Finds Registered Trade Mark Generic for Purposes of ACPA U.S. Court Upholds Prison Term in Online Pharmacy Case The Use of Video Surveillance by Employer Violates PIPEDA/
Laws of .Com \| Volume II, Issue 8: April 15, 2004 Internet Pharmacy Sues Health Canada Federal Government Called Upon to Ban Internet Pharmacies Florida Court Orders RIAA to Bring Individual Suits against Alleged File Swappers Google Mail Alleged to Violate European Privacy Laws Eight European Nations Fail to Implement the E-Privacy Directive Canadian Privacy Commissioner’s E-kit for Businesses British Columbia and Alberta Exempt from PIPEDA PGA Tour Wins Battle over the Internet Posting of Real-Time Golf Scores CRTC Releases Preliminary View on VoIP Services U.S. Advocacy Groups Lobby FCC to Protect VoIP from Regulations U.S. Senate Bill Introduced to Grant Federal Government Exclusive Regulatory Authority Over VoIP Supreme Court of Canada to Hear Criminal Spam Case UN E-commerce Group Releases Revised Draft Convention on the Use of Data Messages in International Contracts U.S. Broadband Industry May be Forced to Share Following Cable Modem Decision	Laws of .Com \| Volume II, Issue 7: April 1, 2004 Canadian Federal Court Dismisses Motion to Compel ISP to Disclose Identity of File Sharers California Appeals Court Finds Personal Jurisdiction over Two Out-of-State Businesses Privacy Commissioner of Canada Releases New Decisions The Dutch Supreme Court Rules ISP can Ban Spammers German Court Rules Pop-Up Ads Require Permission B.C. Supreme Court Finds Potential Liability for Chat Room Owners over Postings European Union Hits Microsoft with Record $613 Million Fine for Antitrust Abuses Japanese Court Finds No Copyright Exists in Web News Headlines Court Finds New York Times Liable for Defamation for Use of Company's Graphic in Article Accountant Sues Search Engines for Libel for "Injurious" Search Results World Trade Organization Rules that the U.S. Should be Opened to Internet Gambling Philippines Government to Benefit from Online Gambling
Laws of .Com \| Volume II, Issue 6: March 18, 2004 The European Union Passes New Antipiracy Law Information Broker Pays Settlement to Mother of Slain Girl Utah Passes First State Net Filtering Bill B.C. Introduces New Consumer Protection Bills RIAA Ordered to Sue “John Doe” Defendants Individually; Recording Companies Seek Copyright Fees from Chinese Karaoke Bars Spam Lawsuits Filed by U.S. Internet Providers Include Canadian Defendants Online Pharmacy Takes Federal Government to Court U.S. Federal Communications Commission Releases VoIP Rulemaking Initiative EC Data Protection Directive Working Party Critical of Canadian Airline Passenger Information Program Protest Site Withstands Scrutiny under Anticybersquatting Legislation	Laws of .Com \| Volume II, Issue 5: March 4, 2004 Supreme Court of Canada Rules Law Society’s Photocopying Policy Does Not Violate Copyright Law U.S. Supreme Court Rules No Recovery against Government for Privacy Act Violations without Actual Damages UK High Court Asserts Jurisdiction in Internet Libel Case U.S. Court Rules Extraction of Data by American Company from a Canadian Company’s Online Database Does Not Violate DMCA U.S. Do-Not-Call Registry Does Not Violate the First Amendment District Court Enjoins Manufacture and Distribution of DVD copying software Texas Doctor Sentenced to Jail for Prescribing over the Internet FDA Sends Warning to Minnesota over its Prescription Drug Website California Appeals Court Reverses Order Prohibiting Internet Publication of DVD-Cracking Code U.S. Federal Trade Commission Levies Fines under the Children’s Online Privacy Protection Act Microsoft Brings Its Battle with Lindows to Canada ICANN Faces Suits over Internet Domain Name Regulatory Practices
Laws of .Com \| Volume II, Issue 4: February 19, 2004 eBay Not Liable for Negative Feedback Posted by its Users Alberta Court Finds Online Defamation Warrants Increased Damage Award Court Upholds Jury Award of $20 Million for Copyright Infringement in Newsletter Case U.S. - Australia Free Trade Agreement Strengthens Australian Copyright Laws U.S. Federal Appeals Court Upholds Wine Ban CIRA Transfers "mtv.ca" to MTV Television in Latest .Ca Domain Name Dispute Decision U.S. Court of Appeals Reverses Application of Safe Harbour Liability Limitation for Copyright Infringement by AOL Canadian Recording Industry Taking Action against Individual "Uploaders" FCC Decides Against Regulation of VoIP But Decides to Regulate Provision of Internet Access by Public Utilities	Laws of .Com \| Volume II, Issue 3: February 5, 2004 Ontario Court Asserts Jurisdiction Over Washington Post Based on Online Publication U.S. Court of Appeals Finds Formation of On-line Contract Does Not Require "I Agree" Canadian Company to Offer High-speed Internet Access Via Hydro Lines France Gets Ready to Take Action against Internet Piracy RIAA Targets Individuals on Anonymous Basis - Australia Music Industry Sues ISP B.C. Court Rules Forward Looking Infra-Red Technology Does Not Constitute a Search FTC Releases Report on 2003 Consumer Fraud and Identity Theft Complaints Federal, British Columbia and Alberta Privacy Commissioners Agree to Cooperate U.S. Telemarketers Required to Identify Themselves to Consumers by Caller ID Lawsuit Launched Against Credit Card Companies over Piracy of Internet Pornography Minnesota Judge Refuses to Reserve VoIP Decision - Panama Introduces Tax on VoIP The VoIP Regulatory Debate Intensifies in Canada - TRAI Amends its Quality of Service Regulations for VoIP Long Distance Service in India U.S. National Cable Association Proposes Limited VoIP Regulation
Laws of .Com \| Volume II, Issue 2: January 22, 2004 Canadian Consumer Ministers Approve E-Commerce Code U.S. Court of Appeals Dismisses Honeywell's Attempt to Utilize Trademark Protection in Expired Patent Case Copyright Ruling Appealed by Industry Groups - CRIA Launching Lawsuits Against File Swappers Canadian Firm Required to Pay Redress for Misleading Domain Name Marketing VoIP: Level 3 Files Petition Seeking Exemption - FCC Chair Opposes Application of Existing Regulation - FBI Seeks Ability to Intercept Conversions - Bangladesh Telecom Breaks Law U.S. Court of Appeals Rules that "Lawoffices" is Not Entitled to Trademark Protection USPTO Releases List of Top Ten Patent Recipients for 2003 Microsoft Still on the Hook in EOLAS Patent Battle Canadian Race Track First to Offer Online Gambling U.S. Court of Appeals Finds Trade-mark Rights May Limit "Keyed" Internet Searches	Laws of .Com \| Volume II, Issue 1: January 8, 2004 Nova Scotia Introduces New Regulations to Protect Online Shoppers Blending Barbie: U.S. Copyright, Trademark and Trade Dress Law and the Net Ontario Introduces Health Information Protection Act European Court Allows Ban on Sale of Prescription Drugs over the Internet U.S. Court of Appeals Overturns Rulings of District Court in File Sharing Cases Draft Regulations to Ontario's Consumer Protection Act China Issues Internet Publishing Licenses for the First Time Canadian Doctors May Lose Insurance Coverage for Lawsuits Related to Internet Drug Sales

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