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Results: 1-10 of 246

Who do you trust? Proposed cybersecurity bill would encourage public-private cyber threat information exchange by providing legal immunity

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • December 22 2011

“Who Do You Trust” was a 1950’s game show that required players to decide whether they could rely upon the information provided by their partners to win cash prizes of $25, $50 and $75

No Fourth Amendment violation in government administrative subpoena to ISP for subscriber information

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

An administrative subpoena served upon a defendant's Internet service provider to obtain his subscriber information did not violate his Fourth Amendment rights, the U.S. Court of Appeals for the Fourth Circuit ruled, because the defendant had no reasonable expection of privacy in his subscriber information

U.S. Supreme Court grants review of statute restoring copyright in public domain works

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

The questions presented are whether the Progress Clause of the United States Constitution prohibits Congress from taking works out of the public domain, and whether Section 514 of the Uruguay Round Agreements Act of 1994 violates the First Amendment of the United States Constitution

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

Computer file extension functional, therefore not protectable as trademark

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

A computer file extension is inherently functional, therefore a software company that utilizes a particular file extension to designate files that are accessed by its proprietary software may not protect the letters comprising the file extension as a trademark, 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

Restore Online Confidence Act outlaws online "data pass" transactions and limits negative option marketing

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

The lame duck Congress that reconvened following the November elections wasn't expected to do much, but some legislation got pushed out at the eleventh hour (or perhaps, the one-hundred-and-eleventh hour), including the "Restore Online Confidence Act," S. 3386 (111th Cong., 2d Sess. 2010), sponsored by Sen. John D. Rockefeller, IV

Ninth Circuit rules on license conditions versus contract covenants in dispute over World of Warcraft bots - MDY v. Blizzard, part I

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 3 2011

Playing World of Warcraft, the world's most popular massively multiplayer online role-playing game (MMORPG), can be, well, a drag

New York Insurance Department opinion controls validity of electronic signature on clickwrap insurance application

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

The New York State Insurance Department may impose a requirement that an insurance company verify the identity of a person providing an electronic signature on an online application for insurance, notwithstanding the less restrictive definition of an electronic signature in the New York Electronic Signatures and Records Act, a district court ruled

License language in contract may render search ad provider liable under ACPA for providing ads to parked domain names

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

A provider of search ads to registrants of parked domain names alleged to infringe trademarks may be liable under the Anti-cybersquatting Consumer Protection Act as an "authorized licensee" of the registrants, a district court ruled