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Advertiser protection under CDA Section 230 for user-generated online contest submissions will go to jury

Proskauer Rose LLP
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USA
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March 5 2010

A hard-fought battle between two sandwich franchises has yielded an opinion dealing with the application of Section 230 of the Communications Decency Act to videos submitted as part of an online contest

Jury picked and trial commences in SCO v. Novell UNIX code copyright ownership dispute

Proskauer Rose LLP
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USA
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March 10 2010

The back story to the dispute between The SCO Group and Novell, Inc., over the ownership of copyrights to UNIX source code is lengthy indeed

Landmark open source lawsuit ends with settlement

Proskauer Rose LLP
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USA
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February 24 2010

A dispute between a proprietary software company and the Java Model Railroad Interface (JMRI) open source project has ended with a settlement, the JRMI project announced on February 17

No First Amendment violation in statute restoring copyright rights of foreign authors

Proskauer Rose LLP
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USA
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July 29 2010

An amendment to the Copyright Act that grants copyright protection to various foreign works that were previously in the public domain in the United States is not violative of the First Amendment, the U.S. Court of Appeals for the Tenth Circuit ruled

Supreme Court clarifies test for patent-eligible processes

Proskauer Rose LLP
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USA
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July 29 2010

An application designed to hedge risk in the field of commodities trading is ineligible for patent protection because it is an unpatentable abstract idea, the U.S. Supreme Court ruled

No violation of California anti-spam law in transmission of commercial e-mail from multiple domains to bypass spam filters

Proskauer Rose LLP
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USA
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July 29 2010

A marketer did not violate California anti-spam laws when it sent e-mails from multiple domains in order to bypass spam filters, the California Supreme Court ruled

Warrant required for delayed search of laptop seized at border

Proskauer Rose LLP
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USA
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July 29 2010

While the search of a laptop computer at a border crossing did not require a search warrant, one of two subsequent warrantless searches of the laptop after it was seized by law enforcement officials violated the Fourth Amendment, a district court ruled

Second Circuit refers question on situs of copyright injury under New York long-arm statute to New York Court of Appeals

Proskauer Rose LLP
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USA
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July 29 2010

The U.S. Court of Appeals for the Second Circuit has certfied a question concerning the applicability of the New York long-arm statute to online copyright infringement to the New York State Court of Appeals

No Fourth Amendment violation in ISP scanning of user e-mail, and reporting of suspected child pornography in compliance with law

Proskauer Rose LLP
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USA
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July 29 2010

An Internet service provider that scanned user e-mail in order to screen out images containing child pornography, and reported suspected images in compliance with federal law, was not acting as an agent of law enforcement for Fourth Amendment purposes, the U.S. Court of Appeals for the Fourth Circuit ruled

Novell prevails in jury trial on ownership of UNIX copyrights

Proskauer Rose LLP
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USA
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March 30 2010

The jury in The SCO Group v. Novell, Inc. litigation over ownership of the copyrights in UNIX source code has ruled in favor of Novell, the company announced on its blog this afternoon

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