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Results: 1-10 of 36

New federal law limits enforcement of foreign libel judgments, extends CDA Section 230

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

On August 10, the President signed H.R. 2765, the “Securing the Protection of our Enduring and Established Constitutional Heritage Act” (“SPEECH Act”), which limits the recognition and enforcement of certain foreign judgments in defamation cases

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

Mobile carriers not secondarily liable for copyright infringement on multimedia messaging system

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

Mobile carriers are not liable for inducing infringement of copyright on their multimedia messaging system because they did not design the system with the object of promoting infringement, nor did they take any specific, affirmative steps to actively encourage or induce infringement by users of the system, a district court ruled in a copyright infringement action brought by a producer of multimedia messaging content

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

Posting entire news article on nonprofit organization's blog constitutes fair use

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

The re-posting of an entire news article on the blog of a nonprofit organization is fair use as a matter of law where the purpose was to educate the public, a district court ruled

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

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

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

Failure to allege that defendants were authors of defamatory posts merits dismissal under CDA Section 230

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

An action for defamation based upon comments on a Web site allegedly operated by the defendants was properly dismissed pursuant to Section 230 of the Communications Decency Act, where the plaintiff failed to allege that the defendants were the authors of any of the defamatory statements