Search results

Order by most recent / most popular / relevance

Results: 1-10 of 46

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

Forwarding of allegedly defamatory e-mail protected by Communications Decency Act section 230

Proskauer Rose LLP
-
USA
-
January 11 2011

An individual who forwarded an allegedly defamatory e-mail received from another party is protected from liability under Section 230 of the Communications Decency Act, which provides that a user of an interactive computer service cannot be treated as the publisher or speaker of information provided by another information content 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

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

Employee violation of employer computer use policy can support CFAA criminal charge

Proskauer Rose LLP
-
USA
-
May 5 2011

An employee's violation of an employer's computer use policy can support a criminal charge of exceeding authorized access under the Computer Fraud and Abuse Act, a district court ruled

Third-party civil discovery subpoena to web mail and social networking providers unenforceable under Stored Communications Act

Proskauer Rose LLP
-
USA
-
July 29 2010

A third-party civil discovery subpoena issued to providers of Web mail services and social networking services is unenforceable under the Stored Communications Act, a district court ruled

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

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

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

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

Proskauer Rose LLP
-
USA
-
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