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Operator of BitTorrent P2P file-sharing network induced copyright infringement and is ineligible for DMCA safe harbors

Proskauer Rose LLP
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USA
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April 14 2010

The operator of a file-sharing network that utilized the BitTorrent file-sharing technology is secondarily liable for inducing copyright infringement by users of the network, a district court ruled

Advertiser protection under CDA Section 230 for user-generated online contest submissions held an issue for jury

Proskauer Rose LLP
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USA
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April 14 2010

Material issues of fact concerning an advertiser's role in the creation of user-generated videos submitted in an online contest preclude a grant of summary judgment on the issuer's defense under Section 230 of the Communications Decency Act, a district court ruled

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

Proskauer Rose LLP
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USA
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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

Assent to newspaper’s online privacy policy did not constitute waiver of right to anonymous speech

Proskauer Rose LLP
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USA
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April 14 2010

An anonymous commenter's assent to a newspaper's online privacy policy did not constitute a waiver of the commenter's right to anonymous speech, a district court ruled

Fed. R. Civ. p. 65 precludes post-judgment injunction requiring web site to remove user's defamatory post

Proskauer Rose LLP
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USA
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April 14 2010

The requirements of Fed. R. Civ. P. 65 preclude the enforcement of an injunction requiring the removal of posts found to be defamatory against a Web site operator that was not a party to the defamation litigation in which the judgment including the injunction was issued, a district court ruled

Near $2 million copyright damages verdict against non-commercial file-sharing defendant remitted as “gross injustice”

Proskauer Rose LLP
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USA
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April 14 2010

A $1,920,000 jury award of copyright damages against a "non-commercial individual" for distributing 24 copyrighted songs on a file-sharing network is a "gross injustice" that warrants remitting the verdict to three times the minimum statutory damages of $750 per song, or $2,250 per song ($54,000), a district court ruled

Unauthorized sharing of copyrighted music files on P2P file-sharing network not protected by fair use defense

Proskauer Rose LLP
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USA
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April 14 2010

A party who made copies of music recordings and shared them with other parties on a peer-to-peer file-sharing network is not protected by the defense of fair use, a district court ruled

Depiction of student athlete in videogame deemed actionable under California right of publicity statute

Proskauer Rose LLP
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USA
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April 14 2010

The inclusion of a character in a videogame that corresponded to a student athlete is actionable under the California right of publicity statute, a district court held

College student's innocent infringer defense for copying and distributing phonorecords on P2P network foreclosed by copyright notices

Proskauer Rose LLP
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USA
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April 14 2010

A college student found liable for copyright infringement for making digital copies of copyrighted phonorecords and sharing them on a P2P file-sharing network is not entitled to the mitigation of statutory damages under Copyright Act 504(c)(2) for innocent infringement, the U.S. Court of Appeals for the Fifth Circuit ruled

Addition of introduction and forwarding of defamatory e-mail protected from liability under CDA Section 230

Proskauer Rose LLP
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USA
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April 14 2010

The recipient of a defamatory e-mail who forwarded it to other parties with a brief introduction is protected from liability for defamation by Section 230 of the Communications Decency Act, a panel of the California Court of Appeal ruled