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Results: 1-10 of 112

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

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

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

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

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

Prohibition against web site scraping unenforceable, where terms of use were not readily accessible

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

A Web site operator could not enforce limitations on access set forth in its Terms of Use, where the ToU were not displayed on the site in a way in which a reasonable user could be expected to notice them, 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

Internet subscriber lacks privacy interest in isp account information sought by plaintiff in copyright infringement action

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

An Internet service subscriber lacks a privacy interest in account information sought in a subpoena served upon the subscriber's Internet service provider, a district court ruled

Web site that created and delivered unverified checks at direction of users violated FTC act

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

A company that operated a Web site that created and delivered unverified checks at the direction of users violated the unfair practices provisions of the Federal Trade Commission Act, the U.S. Court of Appeals for the Ninth Circuit ruled