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Results: 1-10 of 38

No First Amendment violation in statute restoring copyright rights of foreign authors

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

An amendment to the Copyright Act that grants copyright protection to various foreign works that were previously in the public domain in the United States is not violative of the First Amendment, the U.S. Court of Appeals for the Tenth Circuit ruled

Second Circuit refers question on situs of copyright injury under New York long-arm statute to New York Court of Appeals

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

The U.S. Court of Appeals for the Second Circuit has certfied a question concerning the applicability of the New York long-arm statute to online copyright infringement to the New York State Court of Appeals

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?

The Righthaven lawsuits: what is fair use of online publications?

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • February 24 2011

Righthaven LLC is an intellectual property enforcement firm that was formed by a group of copyright attorneys and Stephens Media, the publisher of the Law Vegas Review-Journal

Logo, copyright notice and link on web site constitute "copyright management information" under dmca

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 26 2010

The "copyright management" provision of the Digital Millennium Copyright Act, 17 U.S.C. 1202, prohibits the provision or dissemination of copyright management information that is false, as well as the removal or alteration of copyright management information

Ninth Circuit rules on license versus sale of software

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 24 2010

The Register of Copyrights may have concluded that precedents defining the difference between a license and a sale of software are conflicting, but a panel of the Ninth Circuit had no difficulty in resolving the issue in its recent opinion Vernor v. Autodesk, Inc., 2010 U.S. App. LEXIS (9th Cir. Sept. 10, 2010

Company that distributed P2P software secondarily liable for massive infringement by users

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

A company that created and distributed a peer-to-peer file-sharing program that was used to distribute unauthorized copies of copyrighted music files on a "massive scale" is secondarily liable for acts of direct infringement on the part of the users of the program, a district court ruled

Web site operator’s knowledge of “generalized practice” of copyright infringement insufficient to negate DMCA safe harbor

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

A Web site operator's knowledge of a "generalized practice" of copyright infringement by users of its service is insufficient to deprive it of the protection of the "safe harbor" provided by Section 512(c) of the Digital Millennium Copyright Act, a district court ruled

Ninth Circuit says DMCA anticircumvention provision gives new, access-prevention right to copyright owners - MDY v. Blizzard, part II

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 4 2011

As we related in Part I of this post, Blizzard Entertainment, distributor of the World of Warcraft game software and the operator of the servers that enable online game play, sought to block the use of automated game playing software by deploying anti-bot software, WoW Warden

Ninth Circuit rules on license conditions versus contract covenants in dispute over World of Warcraft bots - MDY v. Blizzard, part I

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 3 2011

Playing World of Warcraft, the world's most popular massively multiplayer online role-playing game (MMORPG), can be, well, a drag