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Prohibition against web site scraping unenforceable, where terms of use were not readily accessible

Proskauer Rose LLP
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USA
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January 11 2011

A Web site operator could not enforce limitations on access set forth in its Terms of Use, where the ToU were not displayed on the site in a way in which a reasonable user could be expected to notice them, a district court ruled

No fair use defense for online post of 21-page book excerpt

Proskauer Rose LLP
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USA
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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

Music downloads and ringtones are licensed, not sold, under royalty agreement

Proskauer Rose LLP
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USA
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January 11 2011

Sales of music by digital downloads and by ringtones sold through carriers must be accounted to an artist under a royalty contract with a recording company as licenses rather than sales of the music, the U.S. Court of Appeals for the Ninth Circuit ruled

Implied license, fair use, held meritorious defenses in online newspaper article copyright infringement action

Proskauer Rose LLP
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USA
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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

Ninth Circuit revises controversial opinion limiting government searches of electronically stored information

Proskauer Rose LLP
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USA
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January 11 2011

The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, revised its August 2009 opinion addressing warrant applications by law enforcement officials seeking access to electronically stored information

Tort plaintiff lacked reasonable expectation of privacy in social network communications

Proskauer Rose LLP
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USA
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January 11 2011

A tort plaintiff lacked a reasonable expectation of privacy in e-mails and other communications shared with third parties on social networking sites, a New York State trial court ruled

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

Proskauer Rose LLP
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USA
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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

Transfer of packaged software was a license, not a sale, under copyright first sale doctrine

Proskauer Rose LLP
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USA
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January 11 2011

A transaction involving the transfer of packaged software from a developer to a user was a license, not a sale, under the copyright first sale doctrine, 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
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USA
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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

E-mails sent to transferred domain name and read by new domain owner not intercepted under ECPA

Proskauer Rose LLP
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USA
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January 11 2011

E-mails that were sent to e-mail accounts connected to a domain name that was transferred pursuant to a settlement agreement, and that were read by the new domain name owner, were not "intercepted" within the meaning of the Electronic Communications Privacy Act, a district court ruled

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