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New York Court of Appeals Holds that States May Constitutionally Collect Sales Taxes from Out-of-State Internet Retailers If Those Retailers Pay Commissions to In-State Websites

New York’s highest court on March 28 upheld a New York law subjecting out-of-state internet retailers to New York sales tax collection requirements on the basis of their “affiliate” advertising programs.  Although the U.S. Supreme Court has held that a state cannot constitutionally require a retailer to collect sales taxes unless the retailer has a … Continue Reading

The London Stock Exchange High Growth Segment Opens for Business

By Matthew Edwards and Jacqueline Clover The new High Growth Segment (“HGS”) of the Main Market of the London Stock Exchange (“LSE”) has officially opened for business, signalling London’s commitment to supporting the growth of technology companies incorporated in the European Economic Area. The equity-only HGS is targeted specifically at fast-growing companies, providing an alternative … Continue Reading

President Obama Issues Cybersecurity Executive Order

In his State of the Union message on Tuesday, President Obama announced that he had signed an Executive Order addressing the cybersecurity of  critical infrastructure.  President Obama emphasized that in the face of threats to corporate secrets, the power grid, and financial institutions, among others, “We cannot look back years from now and wonder why … Continue Reading

FCC Provides Consumer Tips On Mobile Privacy And Security

The Federal Communications Commission yesterday released a Smartphone Security Checker, a tool designed to help consumers secure their smartphones against mobile security threats.  The tool provides consumers with tips that are customized for four different mobile operating systems.  Many of tips focus on security-related topics.  For instance, the tool recommends that consumers set a password … Continue Reading

E-Books Pricing: The EU Antitrust Chapter Is About To Close

The EU E-books antitrust probe is quasi-closed: the EU Commission announced yesterday that it accepted and made legally binding the commitments offered by Apple and four publishers to settle the investigation that was opened in December last year. The Commission was investigating whether the publishers may have colluded, with Apple’s facilitation, to jointly switch from … Continue Reading

The Federal Trade Commission Keeps a Watchful Eye on Internet Affiliate Marketers

The Federal Trade Commission (“FTC”) announced settlement yesterday with an online marketer accused of using fake news sites to entice customers to buy acai berry weight-loss products and colon cleansers.  The settlement was the latest in a string of FTC actions aimed at Internet affiliate marketers using fake web sites to make weight-loss claims.… Continue Reading

FCC Requests Comments on Petition for Reconsideration Regarding Commercial Volume Rules

The Federal Communications Commission (“FCC”) has requested comments on a Petition for Reconsideration concerning the FCC’s commercial volume rules.  These rules, which implement the 2010 Commercial Advertisement Loudness Mitigation (“CALM”) Act, require television broadcasters, digital cable operators, and other digital multichannel video programming distributors to follow a technical standard that is designed to prevent television advertisements from being transmitted at louder volumes … Continue Reading

Court Dismisses VPPA Suit Against Netflix

The past few years have witnessed a series of attempts by plaintiffs to apply the Video Privacy Protection Act (“VPPA”) — a statute passed in 1988 to protect against certain disclosures of video rental records — to the video distribution technologies of today.  For example, in Sterk v. Redbox Automated Retail, plaintiffs sued the video … Continue Reading

Cable Operators Challenge FCC On Program Carriage Decision And Rule Changes

Cable operators are turning to federal courts of appeal to challenge Federal Communications Commission activity relating to Section 616 of the Communications Act, which — along with the FCC’s implementing rules — prohibits vertically integrated cable operators  from discriminating against unaffiliated cable networks.   Comcast Appeals Carriage Decision to D.C. Circuit Comcast has filed a petition … Continue Reading

Seventh Circuit Reverses Contributory Copyright Liability Ruling

Last week, the Seventh Circuit found that copyright owners are unlikely to establish that a social bookmarking service is liable for contributory copyright liability, overturning a preliminary injunction granted by the district court.  In an opinion by Judge Richard Posner, the court concluded that merely referring or linking users to an online location containing infringing … Continue Reading
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