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Results: 1-10 of 58

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

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

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

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

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

Internet subscriber lacks privacy interest in isp account information sought by plaintiff in copyright infringement action

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

An Internet service subscriber lacks a privacy interest in account information sought in a subpoena served upon the subscriber's Internet service provider, a district court 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

Web site that created and delivered unverified checks at direction of users violated FTC act

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

A company that operated a Web site that created and delivered unverified checks at the direction of users violated the unfair practices provisions of the Federal Trade Commission Act, the U.S. Court of Appeals for the Ninth Circuit ruled

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

Cost of examining third-party computers to locate and delete misappropriated files not compensable under CFAA

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

A plaintiff who claimed that his files were copied without authorization from a purloined "thumb drive" and onto various third-party computers failed to show a compensable loss under the Computer Fraud and Abuse Act because he failed to show that the thumb drive was somehow damaged or impaired by the defendant's act of accessing the drive, a district court ruled