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CDA Section 230 protects online business review site from liability for refusing to remove negative reviews
- Proskauer Rose LLP
- -
- USA
- -
- 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
Forum selection clause in Google AdWords agreement applies to claims against Google for prior conduct
- Proskauer Rose LLP
- -
- USA
- -
- April 14 2010
The scope of the forum selection clause in the agreement applicable to the Google Adwords program extends to a plaintiff's dispute with Google over conduct predating the execution of the Adwords agreement, a district court ruled
Early termination fee in contract for internet access not an invalid liquidated damages clause under California law
- Proskauer Rose LLP
- -
- USA
- -
- January 11 2011
An early termination fee contained in a contract for Internet access services for a defined period is not an invalid liquidated damages clause under Cal. Civ. Code Section 1671, the U.S. Court of Appeals for the Ninth Circuit ruled
In keyword advertising dispute, Ninth Circuit says trademark infringement requires more than initial interest confusion
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
Courts must be flexible in applying the law in the Internet context, the U.S. Court of Appeals for the Ninth Circuit emphasized in a dispute involving the use of trademark terms in keyword advertising
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
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
New York Insurance Department opinion controls validity of electronic signature on clickwrap insurance application
- Proskauer Rose LLP
- -
- USA
- -
- April 14 2010
The New York State Insurance Department may impose a requirement that an insurance company verify the identity of a person providing an electronic signature on an online application for insurance, notwithstanding the less restrictive definition of an electronic signature in the New York Electronic Signatures and Records Act, a district court ruled
ECPA not applicable to ISP's alleged disclosure of communications to foreign government
- Proskauer Rose LLP
- -
- USA
- -
- April 14 2010
The Electronic Communications Privacy Act does not apply to the actions of an ISP that allegedly revealed subscribers' personal information and communications to a foreign government, where the acts of disclosure and interception took place in a foreign country, a district court ruled
Domain names subject to judgment execution proceedings where registry is located
- Proskauer Rose LLP
- -
- USA
- -
- April 14 2010
A domain name is property of a debtor that is properly subject to judgment execution proceedings in the jurisdiction where the domain name registry is located, the U.S. Court of Appeals for the Ninth Circuit ruled
Stored Communications Act bars civil discovery subpoena to e-mail service provider, absent consent of account holder
- Proskauer Rose LLP
- -
- USA
- -
- January 11 2011
The federal Stored Communications Act bars the enforcement of a subpoena directed to an e-mail service provider to obtain the contents of an account-holder's e-mails, absent the consent of the account holder, a district court ruled
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