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Results: 11-20 of 66

Register of copyrights says "who knows?" on ownership of computer program copies

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • August 5 2010

Who owns the firmware on a smartphone, the device manufacturer or the purchaser?

E-mails sent to transferred domain name and read by new domain owner not intercepted under ECPA

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

E-mails that were sent to e-mail accounts connected to a domain name that was transferred pursuant to a settlement agreement, and that were read by the new domain name owner, were not "intercepted" within the meaning of the Electronic Communications Privacy Act, a district court ruled

Novell prevails in jury trial on ownership of UNIX copyrights

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • March 30 2010

The jury in The SCO Group v. Novell, Inc. litigation over ownership of the copyrights in UNIX source code has ruled in favor of Novell, the company announced on its blog this afternoon

Programmer's computer access to steal employer's stock trading code not "unauthorized" under CFAA

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

A programmer charged with stealing computer source code for a high-speed stock trading platform from his employer in order to benefit one of its competitors did not access the firm's computer network without authorization, or in excess of his authorization, within the meaning of the Computer Fraud and Abuse Act, a district court ruled

No CFAA violation where software licensor with administrative password gave server access to licensor's competitor

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 30 2010

Neither a software licensee, nor a competitor of the software licensor, violated the Computer Fraud and Abuse Act when the competitor accessed a server containing the licensor's proprietary files via a password supplied by the licensee who had been issued an administrative password by the licensor, a district court ruled

Access to licensed software by attorneys acting for benefit of licensee breached license agreement

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

Use of licensed software by attorneys acting for the benefit of a licensee of the software breached the terms of the license agreement, the U.S. Court of Appeals for the Fifth Circuit ruled

Use of e-mail client rule to acquire copies of e-mail messages violates Wiretap Act

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

An employee who accessed the rule function on his supervisor's e-mail account in order to have copies of the supervisor's e-mail messages forwarded to him violated the provisions of the Wiretap Act that prohibit intentional interception of an electronic communication, the U.S. Court of Appeals for the Seventh Circuit ruled

No Fourth Amendment violation in transfer of laptop seized at border for forensic examination

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

The transfer of a laptop seized at a border crossing to a facility 170 miles away for forensic examination was justified under the border search doctrine, the U.S. Court of Appeals for the Ninth Circuit ruled

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

Law enforcement may obtain historical cell site data without warrant

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

Law enforcement officials are not ordinarily required under the Stored Communications Act, 18 U.S.C. 2701 et seq., to obtain a warrant in order to obtain historical cell site data of an individual from a wireless telecommunications provider, the U.S. Court of Appeals for the Third Circuit ruled