Search results

Order by most recent / most popular / relevance

Results: 11-20 of 197

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

Proskauer Rose LLP
-
USA
-
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

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

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

Proskauer Rose LLP
-
USA
-
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
-
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

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

Proskauer Rose LLP
-
USA
-
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

Floor plans in online database not protectable under copyright law

Proskauer Rose LLP
-
USA
-
April 14 2010

Copying of floor plans that were collected from third parties and compiled into an online database is not actionable under copyright law, a district court ruled

Business owner held not individually liable for multimillion dollar judgment under Iowa anti-spam statute

Proskauer Rose LLP
-
USA
-
April 14 2010

A joint owner of a corporate entity was not properly held individually liable for a multimillion dollar judgment under the Iowa anti-spam statute because there was no evidence that she initiated the sending of the spam e-mails in question, the U.S. Court of Appeals for the Eighth Circuit ruled

U.S. Supreme Court grants petition for certiorari in Quon v. Arch Wireless case involving employee communications claim under Stored Communications Act

Proskauer Rose LLP
-
USA
-
April 14 2010

The U.S. Supreme Court granted the petition for certiorari filed by the employer in a case involving the privacy of employee communications under the Stored Communications Act provisions of the Electronic Communications Privacy Act

Operator of BitTorrent P2P file-sharing network induced copyright infringement and is ineligible for DMCA safe harbors

Proskauer Rose LLP
-
USA
-
April 14 2010

The operator of a file-sharing network that utilized the BitTorrent file-sharing technology is secondarily liable for inducing copyright infringement by users of the network, a district court ruled

< back next >