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Results: 1-10 of 26

U.S. Supreme Court grants review of statute restoring copyright in public domain works

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

The questions presented are whether the Progress Clause of the United States Constitution prohibits Congress from taking works out of the public domain, and whether Section 514 of the Uruguay Round Agreements Act of 1994 violates the First Amendment of the United States Constitution

Browsewrap attorney fee provision between business parties violates Ohio public policy

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

An attorney fee provision in a browsewrap license agreement between commercial parties is unenforceable under Ohio law, even though a jury found that the agreement had been breached, because the attorney fee provision was not the product of "free and understanding negotiation," a district court ruled

No CFAA violation where software licensor with administrative password gave server access to licensor's competitor

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

Neither a software licensee, nor a competitor of the software licensor, violated the Computer Fraud and Abuse Act when the competitor accessed a server containing the licensor's proprietary files via a password supplied by the licensee who had been issued an administrative password by the licensor, 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

Access to licensed software by attorneys acting for benefit of licensee breached license agreement

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

Use of licensed software by attorneys acting for the benefit of a licensee of the software breached the terms of the license agreement, the U.S. Court of Appeals for the Fifth Circuit ruled

Software licensor's contract prohibition against automated download of support materials does not constitute copyright misuse

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

A prohibition in a software license agreement against the use of automated tools to download support materials related to the software is not a misuse of copyright, a district court found

No DMCA or trademark liability for provider of online printing services for removal of material deemed infringing

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

An online printing services provider is not liable for removal of user content that it deems infringing or otherwise objectionable, 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

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

Web site operator’s knowledge of “generalized practice” of copyright infringement insufficient to negate DMCA safe harbor

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

A Web site operator's knowledge of a "generalized practice" of copyright infringement by users of its service is insufficient to deprive it of the protection of the "safe harbor" provided by Section 512(c) of the Digital Millennium Copyright Act, a district court ruled