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Software user does not acquire knowledge of trade secrets embodied in source code

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

A user of software containing source code misappropriated by the software developer from a competitor does not thereby acquire the requisite knowledge of the trade secrets embodied in the source code so as to violate the California Uniform Trade Secrets Act, a California appeals 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

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

Broker and compliance officer personally fined by SEC for customer privacy violations

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

The Securities and Exchange Commission imposed fines of $20,000 each against the former president of a broker-dealer and a former broker for their actions in transferring customer information to a new firm as the defunct firm wound down

FTC consumer privacy settlement over Google Buzz includes EU Safe Harbor violations

  • Proskauer Rose LLP
  • -
  • European Union, USA
  • -
  • May 5 2011

The Federal Trade Commission settled deceptive practices charges against Google relating to the rollout of the Google Buzz social network in 2010, including charges that Google violated the substantive requirements of the EU-U.S. Safe Harbor agreement

Bills to regulate consumer privacy introduced in U.S. House and Senate

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

Several bills aimed at regulating the collection and use of consumer personal information was introduced in Congress in April

Infringement and circumvention of massively multiplayer online video game yield $300,000 damages award

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

The court entered a default judgment for statutory damages for trademark and copyright infringement and circumvention of technological measures resulting from the distribution of unauthorized copies of the plaintiff's videogame

No Fourth Amendment violation in transfer of laptop seized at border for forensic examination

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

The transfer of a laptop seized at a border crossing to a facility 170 miles away for forensic examination was justified under the border search doctrine, the U.S. Court of Appeals for the Ninth Circuit ruled

Cost of credit monitoring for victims of data security breach constitutes loss under CFAA

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

The cost of providing credit monitoring for employees whose personal information was accessed as a result of unauthorized access by an inmate to a prison computer network constitutes a "loss" under the Computer Fraud and Abuse Act, the United States Court of Appeals for the First Circuit ruled