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

Proskauer Rose LLP
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USA
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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

Music downloader's due process rights violated by copyright statutory damages award of $22,500 per song

Proskauer Rose LLP
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USA
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September 30 2010

A jury award of $22,500 per song, resulting in a total award of $675,000 in statutory damages against an individual who downloaded copyrighted music files on a peer-to-peer network, violated the individual's due process rights, where he reaped no pecuniary reward from the infringement and the infringement caused the plaintiffs "minimal harm," a district court ruled

Google Books settlement would usurp congressional role in revising copyright law

Proskauer Rose LLP
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USA
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May 5 2011

Judge Chin found that the settlement was not "fair, adequate and reasonable," as required by the federal rules, and suggested that it might be able to be approved if it was changed to an opt-in, rather than an opt-out, settlement

Web site addition of hyperlinks to a previously posted online article does not restart defamation statute of limitations

Proskauer Rose LLP
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USA
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April 14 2010

The addition of hyperlinks to an allegedly defamatory online article does not restart the statute of limitations for defamation, a district court ruled

Advertiser settles deceptive advertising charges stemming from undisclosed payments for online reviews

Proskauer Rose LLP
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USA
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May 5 2011

An advertiser that paid affiliates to post favorable reviews of its product in online articles, blog posts and other online editorial material without disclosing the arrangement agreed to pay a $250,000 fine to settle deceptive advertising charges brought by the Federal Trade Commission

Notice of past infringements on online photo site does not obligate operator to proactively screen site

Proskauer Rose LLP
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USA
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May 5 2011

An online photo-sharing site does not have a duty to search its site for material that infringes an artist's works, even if it has received past notices of infringement of the same works from the artist, a district court ruled

Download of copyrighted digital music file not a public performance under Copyright Act

Proskauer Rose LLP
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USA
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January 11 2011

Downloading a copyrighted digital music file does not constitute a public performance under the Copyright Act, the U.S. Court of Appeals for the Second Circuit ruled

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

Proskauer Rose LLP
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USA
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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

Under Pennsylvania law, no tort action lies for internet posting of external photographs of residence

Proskauer Rose LLP
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USA
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April 14 2010

Taking external photographs of a private residence and making the photographs available on a publicly accessible Web site does not give rise to a tort action under Pennsylvania law, the U.S. Court of Appeals for the Third Circuit ruled

CDA Section 230 protects online business review site from liability for refusing to remove negative reviews

Proskauer Rose LLP
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USA
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May 5 2011

Section 230 of the Communications Decency Act protects the provider of an online business review site from liability for refusing to remove negative reviews, a district court ruled