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Results: 1-10 of 113

CDA Section 230 protects web site operator from liability for user's defamatory post, despite general statement on web site concerning accuracy of information

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

A general statement on a Web site to the effect that posted information was truthful and accurate did not deprive the Web site operators of protection from liability for defamatory statements posted by third parties under Section 230 of the Communications Decency Act, a Texas appeals court ruled

California anti-spam statute not preempted by federal CAN-SPAM Act

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

Claims under California Business & Professions Code Section 17529.5, the California anti-spam statute, are not preempted by the federal CAN-SPAM Act, a district court ruled

Web site owner's assertion of CDA Section 230 in response to defamation claim not an extortionate threat

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

A Web site operator's assertion of Section 230 of the Communications Decency Act in response to a demand that allegedly defamatory third-party content be removed from its consumer complaint site does not constitute an extortionate threat under California law, a district court ruled

CDA 230 protects blog owner from liability for third-party comment

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

The court ruled the owner of a blog is not liable for an alleged defamatory comment even if the owner viewed and approved the comment prior to publication on the blog

Early termination fee in contract for internet access not an invalid liquidated damages clause under California law

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

An early termination fee contained in a contract for Internet access services for a defined period is not an invalid liquidated damages clause under Cal. Civ. Code Section 1671, the U.S. Court of Appeals for the Ninth Circuit ruled

Limited damages available under DMCA 512(f) for wrongful takedown notice

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

Although DMCA 512(f) allows an award of "any damages" for wrongful removal of alleged infringing material as a result of misrepresentations to a service provider, such damages "must be proximately caused by the misrepresentation to the service provider and the service provider's reliance on the misrepresentation," a district court ruled

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

Domain name registrar not immune from trademark owner's infringement, ACPA claims

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

A domain name registrar that registered numerous infringing domain names, provided private registration services in conjunction with a related entity that concealed the identity of the registrants, and received fees when ads on sites connected to the infringing domain names were clicked, may be liable under the Lanham Act and the Anti-cybersquatting Consumer Protection Act, a district court ruled

Clickwrap agreement enforceable between commercial parties where contract formation process was “consistent with industry standards”

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

A clickwrap agreement between a retail Web site operator and a commercial party was enforceable because, among other things, the online contract formation process that led to the agreement was "consistent with industry standards" and thus could not be said to be substantively unconscionable, a district court ruled

The house doesn’t always win, especially when it disregards IP rights

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 13 2011

It's an adage as old as gambling itself: "The house always wins."