Net News
May 31, 2006
New Internet Phone Wiretap Rules Challenged<br>Congress May Consider Mandatory ISP Snooping <br>Movie Piracy Losses Bigger Than Expected, Says a Recent Study<br>House Panel Approves Bill to Ban Cyber-gambling <br>Group Sues NY to Overturn Law Banning Internet Tobacco Sales
Cases of Note
May 31, 2006
Alleged Movie Pirate Claims Innocence<br>Online Legal Scrivener Guilty of Unauthorized Practice of Law
Supreme Court Ruling for eBay a Major Victory for Big Patent Holders
May 31, 2006
A Supreme Court ruling on May 15 in favor of eBay Inc. in a closely watched patent dispute made it harder for those claiming infringement to win permanent injunctions against major patent holders and manufacturers.<br>The unanimous decision was a major win for eBay and other big patent holders that frequently face crippling litigation from parties that get injunctions to protect one of thousands of patents used in a complex product.
In the Marketplace
May 31, 2006
Highlights of the latest equipment leasing news from around the country.
Synthetic Securitization in China
May 31, 2006
China recently launched two offerings of asset backed securities ('ABS') in its interbank market after several years of preparation and planning. On Dec. 9, 2005, China Construction Bank ('CCB') issued 2.9 billion yuan ($360 million) of debt securities in China's first residential mortgage-backed securitization, and on Dec. 12, 2005, China Development Bank ('CDB') issued 4.2 billion yuan ($500 million) of debt securities backed by unsecured loans from the telecommunications, energy, utility, and transportation industries. To facilitate ABS offerings, China's regulatory agencies have promulgated rules to govern ABS issuances, including the Administrative Rules for Pilot Securitization of Credit Assets, promulgated by the People's Bank of China ('PBOC') and China Banking Regulatory Commission ('CBRC') on April 20, 2005, the Rules for the Information Disclosure of Asset-Backed Securities, promulgated by the PBOC on June 13, 2005, and Rules for Regulating Financial Institution's Securitization, promulgated by the CBRC on Dec. 1, 2005.
Clause & Effect <b>Time-Buy Telecast Deals/Renewal Options
May 31, 2006
The U.S. District Court for the Southern District of New York found that a television-production company breached its obligation to in good faith negotiate a renewal option for a time-buy agreement for the airing of additional power-boat racing programs on the plaintiff's network. <i>Network Enterprises Inc. v. APBA Offshore Productions Inc.</i>
Leasing Equipment in Latin American Countries
May 31, 2006
American lessors continue to look for ways to expand their business, often turning to new products or structures. Savvy lenders also look to take their products to new markets, which are increasingly global. However, leasing equipment outside of the United States can present a number of issues for the U.S. lessor and its counsel. Preparation and an understanding of the foreign country's laws relating to equipment leasing are keys to success.
Right of Publicity
May 31, 2006
The U.S. District Court for the Western District of Tennessee, Western Division, decided that right of publicity and misappropriation claims by an individual hired to be a fictional character were preempted by federal copyright law. <i>Stanford v. Caesars Entertainment Inc.</i>
<b><i>Commentary: </b></i>Inequity Is Seen In Film-Rights Reversion Process
May 31, 2006
I have a lot of trouble accepting something that makes no sense simply because an attorney trying to make a point in a deal says: 'It's always done that way,' or 'Everyone does it like this.' Attorneys preparing a film contract often use this 'irrational' rationale. I am referring to the reversion clause in a contract to acquire rights in a basic work, such as a novel for a film.
