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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

Clickwrap agreement enforceable between commercial parties where contract formation process was “consistent with industry standards”

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

A clickwrap agreement between a retail Web site operator and a commercial party was enforceable because, among other things, the online contract formation process that led to the agreement was "consistent with industry standards" and thus could not be said to be substantively unconscionable, a district court ruled

Fed. R. Civ. p. 65 precludes post-judgment injunction requiring web site to remove user's defamatory post

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

The requirements of Fed. R. Civ. P. 65 preclude the enforcement of an injunction requiring the removal of posts found to be defamatory against a Web site operator that was not a party to the defamation litigation in which the judgment including the injunction was issued, a district court ruled

Federal CAN-SPAM Act preempts claim under Illinois anti-spam law that e-mail utilizing tracking technology was misleading

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

A claim under the Illinois anti-spam law that the heading on a promotional e-mail was misleading because it failed to warn the recipient that the e-mail sender utilized tracking technology is preempted by the federal CAN-SPAM Act, a district court ruled

Despite liability disclaimer, domain name registrar may be liable for social engineering hack of domain name

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

A domain name registrar may be liable for damages sustained by a search engine as a result of a social engineering exploit that enabled a hacker to obtain control of the search engine's domain name and redirect traffic to the hacker's political site, 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

Online clickwrap forum selection clause enforceable despite user's claim of accidental or involuntary “click”

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

A forum selection clause in an online clickwrap agreement covering financial information services is enforceable despite the user's claim that he may have accidentally or involuntarily clicked the boxes signifying assent to the agreement, a district court ruled

Depiction of student athlete in videogame deemed actionable under California right of publicity statute

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

The inclusion of a character in a videogame that corresponded to a student athlete is actionable under the California right of publicity statute, a district court held

Allegations that employee of Web site operator promised to remove defamatory content preclude summary judgment on promissory estoppel claim

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

Allegations by the plaintiff in a defamation action that a Web site operator's employee said she would "take care" of having false and defamatory profiles removed from the site were sufficient to create an issue of fact precluding summary judgment on the plaintiff's promissory estoppel claim, the district court ruled

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