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Results: 1-10 of 111

Jury picked and trial commences in SCO v. Novell UNIX code copyright ownership dispute

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • March 10 2010

The back story to the dispute between The SCO Group and Novell, Inc., over the ownership of copyrights to UNIX source code is lengthy indeed

Landmark open source lawsuit ends with settlement

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

A dispute between a proprietary software company and the Java Model Railroad Interface (JMRI) open source project has ended with a settlement, the JRMI project announced on February 17

Warrant required for delayed search of laptop seized at border

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

While the search of a laptop computer at a border crossing did not require a search warrant, one of two subsequent warrantless searches of the laptop after it was seized by law enforcement officials violated the Fourth Amendment, a district court ruled

No Fourth Amendment violation in ISP scanning of user e-mail, and reporting of suspected child pornography in compliance with law

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

An Internet service provider that scanned user e-mail in order to screen out images containing child pornography, and reported suspected images in compliance with federal law, was not acting as an agent of law enforcement for Fourth Amendment purposes, the U.S. Court of Appeals for the Fourth Circuit 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

Supreme Court to consider whether background checks violate privacy rights of government contract employees

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

On March 8, 2010, the United States Supreme Court granted certiorari in NASA v. Nelson, agreeing to consider whether the National Aeronautics and Space Administration violated the constitutional rights of certain contract employees in non-sensitive positions by conducting extensive background checks on them

New Jersey’s high court ruling reaffirms employer’s right to monitor and restrict computer use - provides guidance for effective internet usage policies

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

On March 30, 2010, the New Jersey Supreme Court issued a much-anticipated ruling concerning the extent to which employers can monitor and restrict their employees' personal use of company computers

Damage, impairment or interruption of service required to show compensable loss under CFAA

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

A compensable "loss" under the Computer Fraud and Abuse Act is not established by an allegation that a company spent in excess of $5,000 to investigate unauthorized access to its computerized data, where the company failed to show any underlying damage, impairment or interruption of service to a computer or a computer system, a district court held

In assessing employee status in copyright ownership disputes, technology start-ups are a special case, says the Ninth Circuit

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 8 2010

A technology start-up company can be an informal environment - both Apple Computer and Hewlett-Packard famously started out in garages, and Yahoo!, Google and Facebook were developed, initially at least, in college dorm rooms

Computer file extension functional, therefore not protectable as trademark

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

A computer file extension is inherently functional, therefore a software company that utilizes a particular file extension to designate files that are accessed by its proprietary software may not protect the letters comprising the file extension as a trademark, a district court ruled