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Mobile carriers not secondarily liable for copyright infringement on multimedia messaging system

Proskauer Rose LLP
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USA
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May 5 2011

Mobile carriers are not liable for inducing infringement of copyright on their multimedia messaging system because they did not design the system with the object of promoting infringement, nor did they take any specific, affirmative steps to actively encourage or induce infringement by users of the system, a district court ruled in a copyright infringement action brought by a producer of multimedia messaging content

Law enforcement may obtain historical cell site data without warrant

Proskauer Rose LLP
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USA
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January 11 2011

Law enforcement officials are not ordinarily required under the Stored Communications Act, 18 U.S.C. 2701 et seq., to obtain a warrant in order to obtain historical cell site data of an individual from a wireless telecommunications provider, the U.S. Court of Appeals for the Third Circuit ruled

Early termination fee in contract for internet access not an invalid liquidated damages clause under California law

Proskauer Rose LLP
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USA
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January 11 2011

An early termination fee contained in a contract for Internet access services for a defined period is not an invalid liquidated damages clause under Cal. Civ. Code Section 1671, the U.S. Court of Appeals for the Ninth Circuit ruled

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

Proskauer Rose LLP
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USA
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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

Marketing firm authorship supports finding that primary purpose of faxed attorney newsletter was advertising, not educational

Proskauer Rose LLP
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USA
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September 30 2010

Under the FCC's Telephone Consumer Protection Act rules, the primary purpose of a faxed attorney newsletter drafted and sent by a marketing firm was advertising rather than informational, a district court ruled

Federal Wiretap Act not violated by party's surreptious recording of conversation, absent intent to commit criminal or tortious act

Proskauer Rose LLP
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USA
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September 30 2010

The surreptious recording of a conversation by a party to the conversation does not violate the federal Wiretap Act, where the party had no intent to use the recording to commit a criminal or tortious act, the U.S. Court of Appeals for the Second Circuit ruled

No cause of action under CFAA for unwanted text messages

Proskauer Rose LLP
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USA
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April 14 2010

Unwanted text messages sent to a subscriber's cellular phone do not give rise to a cause of action under the Computer Fraud and Abuse Act, a district court ruled

TCPA applies to text messages for which called party is not charged

Proskauer Rose LLP
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USA
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April 14 2010

The Telephone Consumer Protection Act, which prohibits the transmission of a "call" using an "automatic telephone dialing system" without the prior consent of the called party, applies to a text message for which the called party is not charged, a district court ruled

Massachusetts law prohibiting dissemination of matter harmful to minors inapplicable to text and instant messages

Proskauer Rose LLP
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USA
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April 14 2010

The Massachusetts statute that criminalizes the dissemination of "any matter harmful to minors" is inapplicable to electronically transmitted text or online instant messaging conversations, the Massachusetts Supreme Judicial Court ruled

No warrant required for law enforcement access to cellular location data

Proskauer Rose LLP
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USA
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April 14 2010

A criminal defendant's Fourth Amendment rights were not violated when law enforcement agents obtained cellular location data from his cell phone provider without a warrant, the Supreme Court of Georgia ruled