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Results: 1-10 of 203

No Fourth Amendment violation in government administrative subpoena to ISP for subscriber information

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

An administrative subpoena served upon a defendant's Internet service provider to obtain his subscriber information did not violate his Fourth Amendment rights, the U.S. Court of Appeals for the Fourth Circuit ruled, because the defendant had no reasonable expection of privacy in his subscriber information

U.S. Supreme Court grants review of statute restoring copyright in public domain works

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

The questions presented are whether the Progress Clause of the United States Constitution prohibits Congress from taking works out of the public domain, and whether Section 514 of the Uruguay Round Agreements Act of 1994 violates the First Amendment of the United States Constitution

Limited damages available under DMCA 512(f) for wrongful takedown notice

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

Although DMCA 512(f) allows an award of "any damages" for wrongful removal of alleged infringing material as a result of misrepresentations to a service provider, such damages "must be proximately caused by the misrepresentation to the service provider and the service provider's reliance on the misrepresentation," a district court ruled

Computer file extension functional, therefore not protectable as trademark

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

A computer file extension is inherently functional, therefore a software company that utilizes a particular file extension to designate files that are accessed by its proprietary software may not protect the letters comprising the file extension as a trademark, a district court ruled

Clickwrap user agreement bars claims against web site operator over fraudulent ticket sales

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 30 2010

A clickwrap user agreement applicable to an online ticket exchange that contained broad disclaimers of liability, including disclaimers of express and implied warranties, bars claims by users of the site based upon their purchase of fraudulent ticket purchase options, a district court ruled

No dismissal under CDA Section 230 for ISP where good faith is challenged

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

An Internet service provider is not entitled to dismissal of a complaint alleging various theories of liability for blocking e-mails alleged to be spam, where the plaintiff's complaint called into question whether the ISP acted in good faith pursuant to Section 230 (c)(2) of the Communications Decency Act, a district court ruled

Floor plans in online database not protectable under copyright law

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

Copying of floor plans that were collected from third parties and compiled into an online database is not actionable under copyright law, a district court ruled

On remand from Supreme Court, Second Circuit reiterates ruling barring TCPA junk fax class actions under New York law

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 30 2010

Class actions alleging violations of the "junk fax" provisions of the federal Telephone Consumer Protection Act may not be brought under New York law, because they are barred by N.Y.C.P.L.R. 901(b), the U.S. Court of Appeals for the Second Circuit ruled

No expansion of CFAA liability for monetary exploit of software bug

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • November 13 2013

In the game Monopoly, lucky players landing on Community Chest might turn over the highly desirable "Bank Error in Your Favor, Collect $200&Prime

FACTA credit card truncation requirements do not apply to e-mail order confirmations

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

The requirement of the Fair and Accurate Credit Transactions Act that certain credit and debit card information be truncated on printed receipts does not apply to e-mail order confirmations, a district court ruled