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Results: 1-10 of 36

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

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

No fair use defense for online post of 21-page book excerpt

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

The blog posting of images of 21 pages of a soon-to-be-published book is not protected by the fair use doctrine and thus may be temporarily enjoined, a district court ruled

Implied license, fair use, held meritorious defenses in online newspaper article copyright infringement action

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

The implied license and fair use defenses raised by the operator of an online forum are meritorious defenses that warrant reopening a default judgment for copyright infringement, 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

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

Cable operator ordered to disclose subscriber information for 1,200 accounts

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

Providing information on over 1,200 subscribers who are alleged to have downloaded and distributed unauthorized copies of a motion picture on a P2P file-sharing network is not an undue burden on an ISP, a district court ruled, also rejecting arguments that the order infringed the subscribers' right to anonymous communication

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

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

No CDA 230 protection for online booksellers for internet sale of book

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

While online booksellers are immune under Section 230 of the Communications Decency Act for defamation claims arising out of promotional material supplied by third parties and posted on the booksellers' sites, Section 230 does not extend to defamation claims arising out of the books themselves, a district court ruled