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Actual damages for copyright infringement of software code supported by monetary value of work by contributors to open source project

Proskauer Rose LLP
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USA
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April 14 2010

A claim for actual damages for infringement of open source software code is not precluded because the code was distributed without charge, a district court ruled

Forwarding of allegedly defamatory e-mail protected by Communications Decency Act section 230

Proskauer Rose LLP
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USA
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January 11 2011

An individual who forwarded an allegedly defamatory e-mail received from another party is protected from liability under Section 230 of the Communications Decency Act, which provides that a user of an interactive computer service cannot be treated as the publisher or speaker of information provided by another information content provider, a district court ruled

Stored Communications Act bars civil discovery subpoena to e-mail service provider, absent consent of account holder

Proskauer Rose LLP
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USA
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January 11 2011

The federal Stored Communications Act bars the enforcement of a subpoena directed to an e-mail service provider to obtain the contents of an account-holder's e-mails, absent the consent of the account holder, a district court ruled

Ninth Circuit ruling trimming CFAA claims for misappropriation reminds employers that technical network security is the first defense

Proskauer Rose LLP
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USA
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April 13 2012

The Ninth Circuit, sitting en banc, has upheld a district court’s dismissal of criminal charges under the Computer Fraud and Abuse Act that were predicated on misappropriation of proprietary documents in violation of the employer’s computer use policy

Novell prevails in long-running dispute over ownership of UNIX copyrights - and open source software moves on

Proskauer Rose LLP
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USA
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August 31 2011

The dispute between The SCO Group and Novell, Inc. over the ownership of copyrights in the code to certain versions of the UNIX operating system, which started eight years ago, appears to have been handed its retirement papers by the Tenth Circuit

ECPA not applicable to ISP's alleged disclosure of communications to foreign government

Proskauer Rose LLP
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USA
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April 14 2010

The Electronic Communications Privacy Act does not apply to the actions of an ISP that allegedly revealed subscribers' personal information and communications to a foreign government, where the acts of disclosure and interception took place in a foreign country, a district court ruled

Oracle v. Google judge writes the book on software programming copyright for now, anyway

Proskauer Rose LLP
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USA
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June 6 2012

The trial in the dispute between Oracle and Google over the use of Java technology in the Android operating system is over, and the greatly anticipated ruling on copyright in the Java Application Programming Interface (API) has issued

Employee violation of employer computer use policy can support CFAA criminal charge

Proskauer Rose LLP
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USA
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May 5 2011

An employee's violation of an employer's computer use policy can support a criminal charge of exceeding authorized access under the Computer Fraud and Abuse Act, a district court ruled

It's ten o'clock. Does the FBI know where you (or at least your cell phone) are?

Proskauer Rose LLP
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USA
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February 11 2010

If the FBI wants to know where an individual is, and if the Department of Justice prevails in a case rescheduled for argument tomorrow in snowy Philadelphia, the FBI (or other law enforcement authorities) will be able to obtain that individual's cell site data from the individual's cellular carrier on a showing of "reasonable grounds" to believe that the data is "relevant and material to an ongoing investigation."

Third-party civil discovery subpoena to web mail and social networking providers unenforceable under Stored Communications Act

Proskauer Rose LLP
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USA
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July 29 2010

A third-party civil discovery subpoena issued to providers of Web mail services and social networking services is unenforceable under the Stored Communications Act, a district court ruled

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