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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

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

Federal lawsuit alleges infringement of minors' New York right of publicity by Facebook "like" and "friend finder" features

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 19 2011

In what may represent a new wave in an interesting challenge to the viral nature of social media marketing, a recently filed putative class action asserts a right of publicity claim against Facebook in connection with the service's "Like" and "Friend Finder" features

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

Old wine, new tablet: new Apple iPad raises many legal issues

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 28 2010

Apple probably could not have satisfied all the wild and hopeful imaginings of everyone who weighed in on what its new iPad device would look like, and what its functionality would be

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

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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