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Results: 1-10 of 58

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

Actual damages for copyright infringement of software code supported by monetary value of work by contributors to open source project

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

A claim for actual damages for infringement of open source software code is not precluded because the code was distributed without charge, a district court ruled

Online provider's selective deletion and retention of third-party business reviews protected by CDA Section 230

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

An online business review site is not liable for alleged defamatory comments posted by a third party user of the site, a New York trial court ruled

Damage, impairment or interruption of service required to show compensable loss under CFAA

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

A compensable "loss" under the Computer Fraud and Abuse Act is not established by an allegation that a company spent in excess of $5,000 to investigate unauthorized access to its computerized data, where the company failed to show any underlying damage, impairment or interruption of service to a computer or a computer system, a district court held

Computer file extension functional, therefore not protectable as trademark

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

A computer file extension is inherently functional, therefore a software company that utilizes a particular file extension to designate files that are accessed by its proprietary software may not protect the letters comprising the file extension as a trademark, a district court ruled

No Fourth Amendment violation in government administrative subpoena to ISP for subscriber information

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

An administrative subpoena served upon a defendant's Internet service provider to obtain his subscriber information did not violate his Fourth Amendment rights, the U.S. Court of Appeals for the Fourth Circuit ruled, because the defendant had no reasonable expection of privacy in his subscriber information

U.S. Supreme Court grants petition for certiorari in Quon v. Arch Wireless case involving employee communications claim under Stored Communications Act

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

The U.S. Supreme Court granted the petition for certiorari filed by the employer in a case involving the privacy of employee communications under the Stored Communications Act provisions of the Electronic Communications Privacy Act

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

Use of e-mail client rule to acquire copies of e-mail messages violates Wiretap Act

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

An employee who accessed the rule function on his supervisor's e-mail account in order to have copies of the supervisor's e-mail messages forwarded to him violated the provisions of the Wiretap Act that prohibit intentional interception of an electronic communication, the U.S. Court of Appeals for the Seventh Circuit ruled

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