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No CDA 230 protection for online booksellers for internet sale of book
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
While online booksellers are immune under Section 230 of the Communications Decency Act for defamation claims arising out of promotional material supplied by third parties and posted on the booksellers' sites, Section 230 does not extend to defamation claims arising out of the books themselves, a district court ruled
Google Books settlement would usurp congressional role in revising copyright law
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
Judge Chin found that the settlement was not "fair, adequate and reasonable," as required by the federal rules, and suggested that it might be able to be approved if it was changed to an opt-in, rather than an opt-out, settlement
CDA 230 protects blog owner from liability for third-party comment
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
The court ruled the owner of a blog is not liable for an alleged defamatory comment even if the owner viewed and approved the comment prior to publication on the blog
CDA Section 230 protects online business review site from liability for refusing to remove negative reviews
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
Section 230 of the Communications Decency Act protects the provider of an online business review site from liability for refusing to remove negative reviews, a district court ruled
Excerpting and linking to online news article protected by fair use doctrine
- Proskauer Rose LLP
- -
- USA
- -
- January 11 2011
A blogger's posting of an eight-line excerpt from a 30-line online newspaper article, coupled with a link to the full article on the newspaper Web site, is protected by the copyright fair use doctrine, a district court ruled
Download of copyrighted digital music file not a public performance under Copyright Act
- Proskauer Rose LLP
- -
- USA
- -
- January 11 2011
Downloading a copyrighted digital music file does not constitute a public performance under the Copyright Act, the U.S. Court of Appeals for the Second Circuit ruled
Music downloader's due process rights violated by copyright statutory damages award of $22,500 per song
- Proskauer Rose LLP
- -
- USA
- -
- September 30 2010
A jury award of $22,500 per song, resulting in a total award of $675,000 in statutory damages against an individual who downloaded copyrighted music files on a peer-to-peer network, violated the individual's due process rights, where he reaped no pecuniary reward from the infringement and the infringement caused the plaintiffs "minimal harm," a district court ruled
No trademark infringement in search engine's sale of trademarks to generate search advertisements
- Proskauer Rose LLP
- -
- USA
- -
- September 30 2010
A search engine's sale of trademark terms to third parties to generate search advertisements does not constitute trademark infringement, a district court ruled
Web site owner's assertion of CDA Section 230 in response to defamation claim not an extortionate threat
- Proskauer Rose LLP
- -
- USA
- -
- September 30 2010
A Web site operator's assertion of Section 230 of the Communications Decency Act in response to a demand that allegedly defamatory third-party content be removed from its consumer complaint site does not constitute an extortionate threat under California law, a district court ruled
CDA Section 230 protects web site operator from liability for user's defamatory post, despite general statement on web site concerning accuracy of information
- Proskauer Rose LLP
- -
- USA
- -
- July 29 2010
A general statement on a Web site to the effect that posted information was truthful and accurate did not deprive the Web site operators of protection from liability for defamatory statements posted by third parties under Section 230 of the Communications Decency Act, a Texas appeals court ruled
Current Search
- Jurisdiction - USA
- Author - Jeff Neuburger
- Author - Robert E Freeman
- Workarea - Internet
- Workarea - Litigation
- Workarea - Media & Entertainment