In March, South Dakota passed a new law requiring many out-of-state online and catalog retailers to collect the state’s sales tax, a challenge to a 1992 U.S. Supreme Court ruling on Quill v. North Dakota prohibiting states from doing exactly this. The regulation has already resulted in several lawsuits. If the law is not overturned, other states are likely to follow suit, levying similar Internet sales tax rules. The implications would be enormous if numerous states adopt these rules, likely forcing audits and new tax rules in thousands of jurisdictions across the nation. Continue reading South Dakota’s New Internet Sales Tax Law Spurs Lawsuits

States that want to collect sales taxes from out-of-state Internet e-tailers are tired of waiting for Congress to act. As a result, they’re passing state laws to do so. Alabama, South Dakota, Utah and 10 other states have passed legislation that directly contradicts the standing national law that states can only apply tax to businesses with brick-and-mortar locations there. State legislators are hoping that by challenging the existing law, they will spur litigation and force Congress to re-examine the issue. Continue reading States Push Web Tax, Hoping to Spur Litigation and Legislation

The battle between terrorism and privacy has been brewing for quite some time, and the tipping point was the iPhone belonging to Syed Rizwan Farook, who, with his wife, opened fire at an office party in December 2015, killing 14 people and injuring 22. The FBI has been trying to decrypt Farook’s phone, unsuccessfully, and asked Apple to create a “backdoor” code into the phone. Apple refused, and now a court order gives the Silicon Valley company five days to comply. Chief executive Tim Cook is holding firm. Continue reading Apple and U.S. Government Battle Over Privacy vs. Terrorism

Chet Kanojia, who founded the now-shuttered Aereo, is attempting to circumvent Internet service providers with a new startup dubbed Starry. In development for a year, Starry will offer low-cost wireless Internet at speeds the company claims will be faster than wired broadband — and without any of the hassles of getting a technician out to the home to install and maintain the network. Needless to say, ISPs that provide broadband networks are not happy. Starry Internet will be offered first in Boston, beginning February 5. Continue reading Aereo Founder Introduces Starry, Low-Cost Wireless Internet

Electric cars, autonomous cars and ride-sharing are all disruptors in the automotive industry, but General Motors, for one, is focusing on taking advantage of opportunities in changing times. The company just launched Maven, a program that aggregates its various car-sharing efforts, with a team of 40 GM staff and others from Google, Zipcar and Sidecar, with the goal of developing additional car-sharing services. First up is a car-sharing trial in Ann Arbor, Michigan, focusing on the university community. Continue reading GM Debuts Maven, Program for Several Car-Sharing Initiatives

FilmOn just lost its latest court case, with U.S. District Judge Rosemary Collyer’s ruling that the company is not a cable system, denying it the statutory license cable companies receive. Collyer’s ruling comes as good news to the coalition of TV and movie companies — including ABC, CBS, NBC, Fox and Telemundo — that sued FilmOn in 2013. The new ruling goes against the July ruling from a Los Angeles Federal judge that went in favor of FilmOn, and also revives many of the same questions behind the Aereo ruling. Continue reading Ruling Against FilmOn Shows Aereo Issues Are Not Resolved

In the latest page of Google’s decade-long saga to scan the world’s books and make them searchable, the company won a case that decided in its favor and against the Authors Guild, on whose behalf the Motion Picture Association of America and the music licensing organization ASCAP filed amicus briefs. The October 16 ruling by the Court of Appeals for the Second Circuit means that writers cannot stop Google from adding their books to Google’s 20-million book library, which the Court calls “non-infringing fair uses.” Continue reading Court Win for Google Books Could Impact Film, TV and Music

Simple.tv — the company that has been trying to reinvent the DVR since 2012 — is about to launch ShowDrive, which allows users to record and playback up to 1,000 hours of TV programming from the cloud to Internet-connected TVs, streaming devices and mobile phones. Unlike Aereo, whose live TV and time-shifted TV DVR was killed by a Supreme Court ruling that it didn’t substantially differ from a cable operator, Simple.tv’s technology is based on technology that has standing in past legal cases. Continue reading Simple.tv Plans to Debut ShowDrive Cloud DVR at Next CES

Less than a year after the Supreme Court shut down Aereo for delivering OTA TV signals to Internet subscribers, a U.S. District Court in California granted FilmOn, an Internet video streaming site, a compulsory license to retransmit TV station programming online. The difference between the two cases, says the judge, was that the Supreme Court did not address whether Aereo was entitled to a compulsory license, but rather found that it violated copyright laws. Fox Broadcasting has said it will appeal the ruling favoring FilmOn. Continue reading Judge: FilmOn Entitled to Compulsory License of Programming

TiVo has confirmed that its new TiVo Online service will allow subscribers to stream DVR recordings in addition to live television programming via a Web browser interface. The site includes recommendations, an online guide, a search feature, and the ability to manage upcoming recordings and track favorites (including content available via streaming services such as Netflix and Hulu). The DVR maker is looking to address the evolving needs of viewers expecting to access TV on any screen by providing a tool that performs more like a modern streaming service. Continue reading TiVo Online Allows Users to Stream DVR Recordings, Live TV

DVR maker TiVo has confirmed that it is developing a legal version of the failed Aereo service, which combined cloud DVR tech with a system of antennas for capturing over-the-air TV and distributing the content online to subscribers via smartphones, tablets, connected TVs and Web browsers. Aereo filed for bankruptcy after the Supreme Court ruled it had violated copyright law, and then TiVo purchased Aereo’s trademarks and customer lists for about $1 million. The company has scheduled a July event in San Jose to discuss the new product. Continue reading TiVo is Working on Legal Version of Aereo Distribution Model

ESPN filed a lawsuit Monday in New York Supreme Court against Verizon, claiming that Verizon’s new FiOS TV packages — which allow subscribers to purchase a basic set of channels starting at $55 per month, and add tiers of genre-based channels — are in breach of contract regarding ESPN distribution. While Verizon introduced the new packages to attract consumers looking for more flexibility, the company has met resistance from major players such as 21st Century Fox and NBCUniversal regarding current programming agreements. Continue reading ESPN is First to File Suit Against Verizon Over FiOS Bundles

On the second day of the HPA Tech Retreat, Jim Burger, a partner at Thompson Coburn LLP in Washington, DC and copyright lawyer, gave his annual Washington Update. “Washington, as always, is a city under construction,” he said. “There’s a lot going on.” Burger discussed the potential impact of the Aereo decision on cloud storage, the latest regarding lawsuits against Dish Network, the FAA’s examination of drones, a very busy FCC and what’s next for net neutrality, and an update on the spectrum auctions. Continue reading HPA Tech Retreat: Jim Burger Delivers a Washington Update

Aereo, the controversial startup that captured over-the-air cable TV without paying licensing fees and allowed subscribers to watch the content on multiple devices, filed for Chapter 11 bankruptcy in November. A bankruptcy court in New York has approved the dismantling of the company, with its assets to be auctioned to the highest bidder. The auction is scheduled for February 24, and the broadcasters that initially complained about Aereo’s business model will have two weeks to decide whether they approve of any sales. Continue reading Broadcasters Offered Final Approval of Auction of Aereo Assets

Aereo’s plan to upend the television industry with an online streaming service has come to an end. Chet Kanojia, Aereo’s chief executive, explained in a blog post Friday that legal and regulatory challenges have become too difficult for the Barry Diller-backed company. As a result, five months after the Supreme Court ruled that the startup had violated copyright laws by capturing broadcast TV via small antennas and retransmitting to subscribers, Aereo has filed for bankruptcy protection. Continue reading Aereo Files for Bankruptcy Protection in Wake of Legal Battles