With the new cases announced today, SIIA has filed 32 lawsuits in 2008 as part of its ramped-up effort to stop the illegal sale of software online. Through its aggressive Auction Litigation Program, SIIA filed nine lawsuits in February, eight in March, nine in May and six today. Each of the new suits was filed in the US District Court for the Northern District of California on behalf of SIIA member company Adobe Systems Incorporated.

"Mondello is a whiz-kid who used his smarts and savvy to rip off software makers and consumers," noted Keith Kupferschmid, SVP of Intellectual Property Policy & Enforcement for SIIA. "We are fortunate that he has been stopped, but there are hundreds more like him running illegal operations on eBay and other sites. The Mondello case demonstrates that these pirates won't simply get a slap on the wrist when caught -- they very well may end up doing serious time in federal prison."

"We applaud the DOJ and DHS for their work in bringing Mondello to justice. They did an outstanding job of tracking down Mondello and bringing him to justice. Their action is an important step in protecting unsuspecting consumers, software makers and legitimate software sellers," Kupferschmid added.

SIIA was responsible for providing the DOJ with information that led to Mondello, a resident of Oregon, pleading guilty in May to counts of copyright infringement, mail fraud and aggravated identity theft. SIIA began investigating Mondello in 2007 and later turned the case over to the Department of Justice (DOJ). Department of Homeland Security's (DHS) U.S. Immigration and Customs Enforcement Cyber Crime Center. Mondello used stolen bank account information to create more than 40 fictitious eBay and PayPal identities to sell pirated software via the auction site. His fraudulent sales amounted to a five to six figure sales volume.

"We've been much more aggressive in filing lawsuits this year and intend to send a clear message that auctioning counterfeit and unauthorized software will lead to serious penalties," Kupferschmid continued. Today's six new lawsuits will be followed by even more as the year goes on."

The most recent lawsuits charged all of the following with knowingly selling software illegally on eBay: Nathanael S. Landsteiner, Fairmont, MN; John Hoyle and Gail La Fortune, Senoia, GA; Gennadiy Barbin, Boise, ID; Tamara Irby, Nathalie, VA; Trisha Carter/Maggie Grace Designs; Denham Springs, LA; and, Andreh Lee, Elmhurst, NY.

To date, the SIIA program has led to judgments and settlements against illegal eBay sellers as well as sellers on other websites dealing in counterfeit, OEM, unbundled, unauthorized education, and other versions of software not authorized for Internet resale. Damages paid by defendants have run as high as several hundred thousand dollars. SIIA also has successfully tracked and pursued the upstream sources of some of these products, and will continue to do so.

The SIIA Auction Litigation Program aims to educate buyers and sellers on auction sites as to the harms caused all parties by illegal software resale. Sellers can be prosecuted and buyers can be faced with viruses, no technical support and no recourse. In addition to the auction piracy lawsuits, SIIA has also sought to protect legitimate sellers and unsuspecting buyers by publishing software buying guides for auction sites, and implementing a certification program for software sellers (Certified Software Resellers) to help steer consumers of auctioned software to sellers who have promised to sell only legal software.

About SIIA

The Software & Information Industry Association (SIIA) is the principal trade association for the software and digital content industry. SIIA provides global services in government relations, business development, corporate education and intellectual property protection to more than 550 leading software and information companies. For further information, visit: www.siia.net.

Available Topic Expert(s): For information on the listed expert(s), click
appropriate link.
Keith Kupferschmid
http://profnet.prnewswire.com/Subscriber/ExpertProfile.aspx?ei=40837

SOURCE Software & Information Industry Association

http://www.siia.net/

When Microsoft creates a new product that it intends to roll out across its future operating systems to enable an enhanced multimedia experience from the internet, then web developers and the internet community need to pay attention. When Microsoft generates this capability for mobile phones in the same product, AND Nokia signs up to the service, then the telecoms industry needs to pay attention too. Do you know what Silverlight offers the mobile world? Do you know how it will be positioned against its competitors? Visiongain's latest report will tell you the answers.

With the moves towards a flat-fee for mobile internet access, rather than volume-based per Megabyte, and an ever-hungry multimedia audience, there is a drive for a new genre of mobile content that is richer and more engaging. Microsoft has identified the opportunity to develop and market a single mobile applications environment that reduces the existing fragmentation between different handsets. Can Silverlight be the preferred solution? Can Microsoft claim a share of the mobile content segment? You must find out the answer to this NOW and this report will tell you.

By reading this strategic and analytical report you will discover Silverlight addresses two areas of Microsoft's key strategic aims. Firstly it addresses Microsoft's goal of improving the "user experience capabilities." Secondly, the company is seeking to provide an end-to end development environment that encourages the use of Microsoft technologies and services. Microsoft's vision for Silverlight is to provide 'the' ubiquitous programming model. With such a wide pool of developers able to provide content for Silverlight there is an existing base of content, and with Microsoft's backing, can this product really fail? What impact will it have on the market?

Organisations mentioned in this report ABC Television Adobe Akamai Apple aQuantitive Broadcom China Cache Networks China Mobile Chunghwa Telecom Coca-Cola Danger Disney DoubleClick eBay Facebook Ford Google Granicus Home Shopping Network HTC LGLG Microsoft Motorola MTV NasDaq Nokia NTT DoCoMo O2 Orange Pareto Pinnacle Systems Qualcomm Reuters RIM Ripcode Samsung Screentonic Sony Ericsson Sprint Nextel Sun Symbian Technicolor EDS T-Mobile Verisign Verizon Vodafone

Report information: http://www.reportlinker.com/p090926/Silverlight-Mobile-2008-Developing-t he-Platform-for-the-Future-of-Mobile-Content.html

((Comments on this story may be sent to newsdesk@closeupmedia.com))

((Distributed via M2 Communications Ltd - http://www.m2.com))

http://www.10meters.com

Comments on this story may be sent to newsdesk@closeupmedia.com

Two recent court cases, one in the United States and another in Europe, have brought new attention to this issue, creating challenges for eBay and raising the possibility of changes in how the illegal market in top-end counterfeit goods is policed.

In France, a court fined eBay $61 million in June, agreeing with LVMH Moat Hennessy Louis Vuitton that the site did not do enough to keep fake Louis Vuitton bags and Dior perfumes from being offered for sale. EBay said it would appeal the decision.

In New York, a U.S. District Court ruled July 14 in favor of eBay and against Tiffany & Co. in the jewelry retailer's lawsuit that tried to hold eBay responsible for not stopping counterfeit silver jewelry from being sold in its online marketplace. Tiffany is likely to appeal that ruling, according to legal experts.

While reaching different results, both cases center on these questions: Who is responsible for policing the online retail sites to control the illegal sale of high-end counterfeit products? Does the job belong to the makers of trademarked goods or to the Web site retailer or auction site that allows fakes to slip into its offerings? Can anyone effectively control the global digital space without any national or traditional boundaries?

The makers of luxury goods have trademarks on their brands, and it is illegal to imitate their designs in France and in the United States.

"There will be plenty of difficulties encountered by these online bazaars," said Peter Vogl, a New York trademark attorney with the Jones Day law firm.

Vogl said the two contradictory rulings on two continents present a dilemma for eBay and others in the same business.

The result may require online auction retailers to run two different Web sites -- one with goods available in the United States and another one, with different rules, for selling online goods in Europe, according to Vogl.

While eBay has been at the center of these lawsuits, the rulings could affect other Web sites -- Google, Yahoo and Amazon.com -- where fake items might turn up. While these legitimate online markets have various ways to halt the illegal sale of fake goods by those who use their sites, few have foolproof methods.

"Counterfeiters will continue to do this kind of thing. They are going to continue to find ways around whatever new rules are set up," said Leigh Ann Lindquist, a trademark attorney in Washington.

Companies have to be very vigilant. That is what Tiffany was trying to do, she said.

University of Virginia law professor Christopher Sprigman said auction sites may have to find a few quick options to confront the fallout from the ruling in France.

"There are a number of ways [online retailers] can deal with this: Zone French consumers out of these auctions, or disallow French [Internet Protocol] addresses. That's not perfect, but it's likely to work pretty well," he said.

Ebay argues that it has done no wrong. "If counterfeits appear on our site, we take them down swiftly," the company said in a statement released June 30 after the French ruling.

Nichola Sharpe, an eBay spokeswoman in the company's San Jose, California, corporate offices, said the company continues to police its sites with the Verified Rights Owner (VeRO) program so that intellectual property owners can report listings that infringe their rights. More than 2,000 employees are at work to spot counterfeit goods on the site, and 18,000 manufacturers are scouring the sites for fakes.

"We will continue to aggressively protect our marketplace and the innovation and competition it inspires," said Rob Chestnut, eBay's senior vice president and legal counsel.

Legal experts say the issue is not settled, and manufacturers will have to decide how much policing is needed to protect their brands and ferret out counterfeits.

"I think eBay is a model Internet company in terms of policing," said Mark Lemley, a professor at Stanford University law school. "Like any copyright infringement, it's impossible to catch them all. But you can set up systems to catch the most egregious players."

But no matter what online retail sites do, makers of luxury items still will engage in their own surveillance and spend money to stop the sale of counterfeit goods.

"From a cost perspective, the consumer will pay for this," said Tim Trainer, president of Global IP Strategy Center, a legal-issues consulting firm in Washington.

While the Tiffany ruling gives eBay some breathing space in the United States, it is unclear if the French ruling will spur court challenges in other parts of the world.

Travis Johnson, vice president for legislative affairs and policy at the International Anti-Counterfeiting Coalition in Washington, said he expects sites like eBay will continue to feel the legal heat.

"This was not the first case that a brand owner has brought against eBay, and I wouldn't imagine it would be the last," Johnson said.

Meanwhile, James Swire, Tiffany's legal counsel, believes the U.S. Congress eventually will get involved in establishing the boundaries for legal action on online counterfeit goods for sale.

"This problem is not just a problem for Tiffany," Swire said. "It's a problem for a lot of major brand owners, and if the courts acting under existing laws cannot remedy the problem, it would be logical to expect Congress to be approached for the required change."

Here are highlights from Friday's Analyst Blog:

EBAY Growth Decent But Declining

eBay, Inc.'s (Nasdaq: EBAY) second quarter EPS were $0.02 above our estimate. Those results were overshadowed by weak growth in the company's gross merchandise volume, which increased just 8.3% year-over-year, and disappointing guidance for the second half of 2008. Macro headwinds, competitive pressures, and a slowing in its core business continue to weigh on the company's stock price.

The company's powerful business model, which requires no inventory and little capital investment, continues to produce solid growth, hefty profit margins, and substantial free cash flow. These positive attributes helped the company deliver solid results in the second quarter of 2008. The company's continued growth has enabled eBay to invest in or acquire businesses outside its core U.S. auction business.

CSX Corp. Upgraded from Sell

We are raising our rating on CSX Corp. (NYSE: CSX) to Hold from Sell, due to expectations of improved earnings. CSX reported second quarter EPS of $0.89 before non-recurring items, up 26% year over year. This matched consensus, but was below our $0.91 estimate due to a higher number of shares outstanding. Despite this, we are maintaining our 2008 EPS estimate at $3.55, near the top of CSX guidance of $3.40-3.60, while increasing our 2009 estimate to $4.20 from $4.00 due to higher revenue growth than previously expected.

Improved efficiency, strong yields, and share buybacks should offset weakening volumes from a slowing economy and higher fuel costs. Dissidents nominated by activist hedge fund shareholders Transcontinental Realty Investors Inc. (NYSE: TCI) and 3G Capital won four of the five board seats sought. CSX recently increased the dividend 22%.

Altera Improves, Stays a Buy

Altera Corporation (Nasdaq: ALTR) reported revenues of $360 million in Q2:FY2008, exceeding our estimate of $347 million, mainly due to growth in sales of new products. EPS of $0.32 beat our estimate of $0.26 and street consensus of $0.27.

Gross margin improved to 67.1% from 65.1% generated in the previous quarter, mainly due to a reduction in material and logistics costs as well as sales strength from the Communication and Industrial end markets, which usually carry higher margins. Going forward, third quarter is a seasonally slow quarter for the company and management expects total revenue to remain flat or decline by 3% on a sequential basis. We have adjusted our FY2008 estimates and maintain our Buy rating.

Logitech Demand Keeps It a Buy

Logitech International S.A. (Nasdaq: LOGI) reported revenues for the fourth quarter of 2008, which were better than expected although earnings were below our estimates due to write-down of value of remaining CDOs. The company delivered good quarter in terms of revenues despite weaknesses in its Cordless Keyboard and Gaming segments.

There was strong demand for Harmony remotes and pointing devices combined with good traction in original equipment manufacturer. Gross margins remained at a high level for the company reflecting ongoing product cost reductions and supply chain efficiencies. We now estimate that the company will continue to grow revenues and GAAP EPS by 15.0% and 10.1% respectively in 2009 over 2008 figures.

Want more from Zacks Equity Research? Subscribe to the free Profit from the Pros newsletter: http://at.zacks.com/?id=2649.

About Zacks Equity Research

Zacks Equity Research provides the best of quantitative and qualitative analysis to help investors know what stocks to buy and which to sell for the long-term.

Continuous coverage is provided for a universe of 1,150 publicly traded stocks. Our analysts are organized by industry which gives them keen insights to developments that affect company profits and stock performance. Recommendations and target prices are six-month time horizons.

Zacks "Profit from the Pros" e-mail newsletter provides highlights of the latest analysis from Zacks Equity Research. Subscribe to this free newsletter today: http://at.zacks.com/?id=2677

About Zacks

Zacks.com is a property of Zacks Investment Research, Inc., which was formed in 1978 by Leonard Zacks. As a PhD in mathematics Len knew he could find patterns in stock market data that would lead to superior investment results. Amongst his many accomplishments was the formation of his proprietary stock picking system; the Zacks Rank, which continues to outperform the market by nearly a 3 to 1 margin. The best way to unlock the profitable stock recommendations and market insights of Zacks Investment Research is through our free daily email newsletter; Profit from the Pros. In short, it's your steady flow of Profitable ideas GUARANTEED to be worth your time! Register for your free subscription to Profit from the Pros at http://at.zacks.com/?id=4580.

Visit http://www.zacks.com/performance for information about the performance numbers displayed in this press release.

Disclaimer: Past performance does not guarantee future results. Investors should always research companies and securities before making any investments. Nothing herein should be construed as an offer or solicitation to buy or sell any security.

SOURCE: Zacks.com

Zacks.com
Mark Vickery
Web Content Editor
312-265-9380
Visit: www.zacks.com