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Assignment of copyright through terms of use: does e-sign make it ok? A tool for B2B sites dealing with unauthorized access to their content?
- Proskauer Rose LLP
- -
- USA
- -
- December 20 2012
It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their “Terms of Use” to obtain rights to use the content
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
Second Circuit refers question on situs of copyright injury under New York long-arm statute to New York Court of Appeals
- Proskauer Rose LLP
- -
- USA
- -
- 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
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
Allegations that web site operator actively contributed to content survive CDA Section 230 motion
- Proskauer Rose LLP
- -
- USA
- -
- January 11 2011
A complaint alleging that a Web site operator "actively contributes to ... content" on a Web site that contains an allegedly defamatory statement by a third party should not be dismissed pursuant to Section 230 of the Communications Decency Act, a district court ruled
No DMCA or trademark liability for provider of online printing services for removal of material deemed infringing
- Proskauer Rose LLP
- -
- USA
- -
- July 29 2010
An online printing services provider is not liable for removal of user content that it deems infringing or otherwise objectionable, a district court ruled
Company that distributed P2P software secondarily liable for massive infringement by users
- Proskauer Rose LLP
- -
- USA
- -
- July 29 2010
A company that created and distributed a peer-to-peer file-sharing program that was used to distribute unauthorized copies of copyrighted music files on a "massive scale" is secondarily liable for acts of direct infringement on the part of the users of the program, a district court ruled
Web site operator’s knowledge of “generalized practice” of copyright infringement insufficient to negate DMCA safe harbor
- Proskauer Rose LLP
- -
- USA
- -
- July 29 2010
A Web site operator's knowledge of a "generalized practice" of copyright infringement by users of its service is insufficient to deprive it of the protection of the "safe harbor" provided by Section 512(c) of the Digital Millennium Copyright Act, a district court ruled
Browsewrap attorney fee provision between business parties violates Ohio public policy
- Proskauer Rose LLP
- -
- USA
- -
- September 30 2010
An attorney fee provision in a browsewrap license agreement between commercial parties is unenforceable under Ohio law, even though a jury found that the agreement had been breached, because the attorney fee provision was not the product of "free and understanding negotiation," a district court ruled
Current Search
- Jurisdiction - USA
- Author - Jeff Neuburger
- Workarea - Internet
- Workarea - Copyrights
- Workarea - Litigation