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Operator of BitTorrent P2P file-sharing network induced copyright infringement and is ineligible for DMCA safe harbors

Proskauer Rose LLP
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USA
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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

Advertiser protection under CDA Section 230 for user-generated online contest submissions held an issue for jury

Proskauer Rose LLP
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USA
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April 14 2010

Material issues of fact concerning an advertiser's role in the creation of user-generated videos submitted in an online contest preclude a grant of summary judgment on the issuer's defense under Section 230 of the Communications Decency Act, a district court ruled

Under Pennsylvania law, no tort action lies for internet posting of external photographs of residence

Proskauer Rose LLP
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USA
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April 14 2010

Taking external photographs of a private residence and making the photographs available on a publicly accessible Web site does not give rise to a tort action under Pennsylvania law, the U.S. Court of Appeals for the Third Circuit ruled

Manufacturer of device containing DVD player has standing to assert violations of DMCA anti-circumvention provisions

Proskauer Rose LLP
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USA
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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

Failure to allege that defendants were authors of defamatory posts merits dismissal under CDA Section 230

Proskauer Rose LLP
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USA
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April 14 2010

An action for defamation based upon comments on a Web site allegedly operated by the defendants was properly dismissed pursuant to Section 230 of the Communications Decency Act, where the plaintiff failed to allege that the defendants were the authors of any of the defamatory statements

Assent to newspaper’s online privacy policy did not constitute waiver of right to anonymous speech

Proskauer Rose LLP
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USA
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April 14 2010

An anonymous commenter's assent to a newspaper's online privacy policy did not constitute a waiver of the commenter's right to anonymous speech, a district court ruled

Fed. R. Civ. p. 65 precludes post-judgment injunction requiring web site to remove user's defamatory post

Proskauer Rose LLP
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USA
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April 14 2010

The requirements of Fed. R. Civ. P. 65 preclude the enforcement of an injunction requiring the removal of posts found to be defamatory against a Web site operator that was not a party to the defamation litigation in which the judgment including the injunction was issued, a district court ruled

Near $2 million copyright damages verdict against non-commercial file-sharing defendant remitted as “gross injustice”

Proskauer Rose LLP
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USA
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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
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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

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

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