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Floor plans in online database not protectable under copyright law
- Proskauer Rose LLP
- -
- USA
- -
- 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
Operator of BitTorrent P2P file-sharing network induced copyright infringement and is ineligible for DMCA safe harbors
- Proskauer Rose LLP
- -
- USA
- -
- April 14 2010
The operator of a file-sharing network that utilized the BitTorrent file-sharing technology is secondarily liable for inducing copyright infringement by users of the network, 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
- -
- USA
- -
- 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
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
Manufacturer of device containing DVD player has standing to assert violations of DMCA anti-circumvention provisions
- Proskauer Rose LLP
- -
- USA
- -
- April 14 2010
The manufacturer of a device containing a DVD player that implements DVD copy protection technology has standing to bring an action against a party who allegedly disabled the copy protection technology on such devices before selling them in online auctions, a district court ruled
Disclosure of third-party monitoring in ISP subscriber agreement, privacy policy, deemed consent to interception under ECPA
- Proskauer Rose LLP
- -
- USA
- -
- January 11 2011
Disclosures in an Internet service provider's subscriber agreement and privacy policy concerning third-party monitoring of subscriber Internet activity constituted sufficient notice of and assent to the deployment and use of "deep packet inspection" technology, a district court held
Trademark owner's reports of infringing goods to online auction anti-infringement program protected by “interested party” privilege from defamation claim
- Proskauer Rose LLP
- -
- USA
- -
- April 14 2010
A trademark owner's reports of infringing goods to an online auction's anti-infringement program were privileged under California law, a district court ruled
Near $2 million copyright damages verdict against non-commercial file-sharing defendant remitted as “gross injustice”
- Proskauer Rose LLP
- -
- USA
- -
- April 14 2010
A $1,920,000 jury award of copyright damages against a "non-commercial individual" for distributing 24 copyrighted songs on a file-sharing network is a "gross injustice" that warrants remitting the verdict to three times the minimum statutory damages of $750 per song, or $2,250 per song ($54,000), a district court ruled
Unauthorized sharing of copyrighted music files on P2P file-sharing network not protected by fair use defense
- Proskauer Rose LLP
- -
- USA
- -
- 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
Depiction of student athlete in videogame deemed actionable under California right of publicity statute
- Proskauer Rose LLP
- -
- USA
- -
- 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
Current Search
- Workarea - Litigation
- Workarea - Intellectual Property
- Jurisdiction - USA
- Author - Jeff Neuburger
- Author - Kristen J Mathews