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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

Damage, impairment or interruption of service required to show compensable loss under CFAA

Proskauer Rose LLP
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USA
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July 29 2010

A compensable "loss" under the Computer Fraud and Abuse Act is not established by an allegation that a company spent in excess of $5,000 to investigate unauthorized access to its computerized data, where the company failed to show any underlying damage, impairment or interruption of service to a computer or a computer system, a district court held

Computer file extension functional, therefore not protectable as trademark

Proskauer Rose LLP
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USA
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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

FACTA credit card truncation requirements do not apply to e-mail order confirmations

Proskauer Rose LLP
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USA
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April 14 2010

The requirement of the Fair and Accurate Credit Transactions Act that certain credit and debit card information be truncated on printed receipts does not apply to e-mail order confirmations, a district court ruled

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

Proskauer Rose LLP
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USA
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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

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