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Results: 11-20 of 22

Unauthorized sharing of copyrighted music files on P2P file-sharing network not protected by fair use defense

Proskauer Rose LLP
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USA
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April 14 2010

A party who made copies of music recordings and shared them with other parties on a peer-to-peer file-sharing network is not protected by the defense of fair use, a district court ruled

Forum selection clause in Google AdWords agreement applies to claims against Google for prior conduct

Proskauer Rose LLP
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USA
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April 14 2010

The scope of the forum selection clause in the agreement applicable to the Google Adwords program extends to a plaintiff's dispute with Google over conduct predating the execution of the Adwords agreement, a district court ruled

Depiction of student athlete in videogame deemed actionable under California right of publicity statute

Proskauer Rose LLP
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USA
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April 14 2010

The inclusion of a character in a videogame that corresponded to a student athlete is actionable under the California right of publicity statute, a district court held

College student's innocent infringer defense for copying and distributing phonorecords on P2P network foreclosed by copyright notices

Proskauer Rose LLP
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USA
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April 14 2010

A college student found liable for copyright infringement for making digital copies of copyrighted phonorecords and sharing them on a P2P file-sharing network is not entitled to the mitigation of statutory damages under Copyright Act 504(c)(2) for innocent infringement, the U.S. Court of Appeals for the Fifth Circuit ruled

Floor plans in online database not protectable under copyright law

Proskauer Rose LLP
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USA
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April 14 2010

Copying of floor plans that were collected from third parties and compiled into an online database is not actionable under copyright law, a district court ruled

No bad faith in filing takedown notice where resolution of intellectual property rights underlying DMCA claim involved complex and novel legal issues

Proskauer Rose LLP
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USA
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April 14 2010

A party who filed a takedown notice under the Digital Millennium Copyright Act seeking removal of a Web site in which he claimed copyright ownership did not act in bad faith where the resolution of the intellectual property rights underlying his claim involved complex and novel issues, a district court ruled

Limited damages available under DMCA 512(f) for wrongful takedown notice

Proskauer Rose LLP
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USA
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April 14 2010

Although DMCA 512(f) allows an award of "any damages" for wrongful removal of alleged infringing material as a result of misrepresentations to a service provider, such damages "must be proximately caused by the misrepresentation to the service provider and the service provider's reliance on the misrepresentation," a district court ruled

California single publication rule applies to web site right of publicity, Lanham Act claims

Proskauer Rose LLP
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USA
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April 14 2010

The California single publication rule bars an individual's common law and California statutory right of publicity and Lanham Act false endorsement claims for the sale of merchandise on a Web site, a district court ruled

In assessing employee status in copyright ownership disputes, technology start-ups are a special case, says the Ninth Circuit

Proskauer Rose LLP
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USA
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April 8 2010

A technology start-up company can be an informal environment - both Apple Computer and Hewlett-Packard famously started out in garages, and Yahoo!, Google and Facebook were developed, initially at least, in college dorm rooms

Novell prevails in jury trial on ownership of UNIX copyrights

Proskauer Rose LLP
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USA
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March 30 2010

The jury in The SCO Group v. Novell, Inc. litigation over ownership of the copyrights in UNIX source code has ruled in favor of Novell, the company announced on its blog this afternoon