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Results: 11-20 of 66

Under New York law, vendor’s specific representations of software functionality support claim for fraudulent inducement

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

Specific representations made by a salesman concerning the functionality of a software system which the purchaser alleges was inadequate for its purposes support the purchaser's claim for fraudulent inducement, a district court ruled

Ninth Circuit revises controversial opinion limiting government searches of electronically stored information

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

The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, revised its August 2009 opinion addressing warrant applications by law enforcement officials seeking access to electronically stored information

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

Expectation of privacy in computer files negated by P2P user's failure to engage program privacy feature

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

A federal agent's access to a user's computer via a peer-to-peer file-sharing program did not violate the Fourth Amendment, because the user's expectation of privacy in the contents of his computer was negated by his failure properly to engage the privacy features in the program, the U.S. Court of Appeals for the Ninth Circuit ruled

Allegations of increased exposure to identity theft risk insufficient to maintain negligence, breach of contract claims

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

A complaint alleging negligence, breach of contract and other claims stemming from a breach in the security of personal information in the hands of a retailer was legally insufficient because the plaintiff failed to show that the loss of his personal information harmed him in a legally cognizable way, the U.S. Court of Appeals for the Ninth Circuit ruled

U.S. Supreme Court unanimously rule that GPS installation and tracking of a vehicle constitutes a search, but the justices disagree on rationale - are lines being drawn on privacy rights and new technology?

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 23 2012

In a narrowly-drawn majority opinion, the United States Supreme Court ruled in United States v. Antoine Jones that the Government’s attachment of a GPS-tracking device to a vehicle, and the subsequent monitoring of the movements of that vehicle on public streets, constitutes a search

Rule of lenity limits criminal prosecution under Computer Fraud and Abuse Act for acts of employee disloyalty

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

The rule of lenity limits prosecution of an allegedly disloyal former employee on the theory that his access to his employer's computer network was "without authorization" or "exceeded authorized access" within the meaning of the Computer Fraud and Abuse Act, a district court ruled

Prohibition against web site scraping unenforceable, where terms of use were not readily accessible

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

A Web site operator could not enforce limitations on access set forth in its Terms of Use, where the ToU were not displayed on the site in a way in which a reasonable user could be expected to notice them, a district court ruled

Federal lawsuit alleges infringement of minors' New York right of publicity by Facebook "like" and "friend finder" features

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 19 2011

In what may represent a new wave in an interesting challenge to the viral nature of social media marketing, a recently filed putative class action asserts a right of publicity claim against Facebook in connection with the service's "Like" and "Friend Finder" features

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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