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Results: 11-20 of 65

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

Proskauer Rose LLP
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USA
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August 5 2010

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

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

Employee access to computer network in furtherance of criminal fraud “exceeds authorized access” under CFAA

Proskauer Rose LLP
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USA
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April 14 2010

An employee who accessed financial data on her employer's computer network in violation of official policy in order to perpetrate a criminal scheme exceeded her authorized access to the network within the meaning of the Computer Fraud and Abuse Act, the U.S. Court of Appeals for the Fifth Circuit ruled

No reasonable expectation of privacy in contents of shared folder accessible via unsecured wireless router

Proskauer Rose LLP
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USA
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April 14 2010

A defendant had no reasonable expectation of privacy in the contents of a shared folder that was accessible via an unsecured wireless router to which his computer was connected, a district court ruled

Assent to newspaper’s online privacy policy did not constitute waiver of right to anonymous speech

Proskauer Rose LLP
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USA
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April 14 2010

An anonymous commenter's assent to a newspaper's online privacy policy did not constitute a waiver of the commenter's right to anonymous speech, a district court ruled

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

Two circuit courts counter the Ninth Circuit on plain view exception to warrant requirement in computer searches

Proskauer Rose LLP
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USA
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April 14 2010

In United States v. Comprehensive Drug Testing, Inc. (9th Cir. Aug. 26, 2009), the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, limited the scope of searches for digital evidence by defining a set of procedures to be followed by law enforcement in requesting and executing such searches

Federal court limits warrantless border searches

Proskauer Rose LLP
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USA
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June 23 2010

According to a federal court in the Northern District of California, United States border agents may not search a laptop without a warrant several months after the agents seized the laptop

What can we learn from the SCO litigations?

Proskauer Rose LLP
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USA
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June 17 2010

Last week, the district court in SCO, Inc. v. Novell (D. Utah), the current act in the long-running drama of the SCO litigations aimed at the Linux operating system, refused to grant SCO's motion to set aside the jury verdict rendered last March

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."

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