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Results: 1-10 of 27

No DMCA or trademark liability for provider of online printing services for removal of material deemed infringing

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

An online printing services provider is not liable for removal of user content that it deems infringing or otherwise objectionable, a district court ruled

Company that distributed P2P software secondarily liable for massive infringement by users

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

A company that created and distributed a peer-to-peer file-sharing program that was used to distribute unauthorized copies of copyrighted music files on a "massive scale" is secondarily liable for acts of direct infringement on the part of the users of the program, a district court ruled

Web site operator’s knowledge of “generalized practice” of copyright infringement insufficient to negate DMCA safe harbor

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

A Web site operator's knowledge of a "generalized practice" of copyright infringement by users of its service is insufficient to deprive it of the protection of the "safe harbor" provided by Section 512(c) of the Digital Millennium Copyright Act, a district court ruled

No First Amendment violation in statute restoring copyright rights of foreign authors

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

An amendment to the Copyright Act that grants copyright protection to various foreign works that were previously in the public domain in the United States is not violative of the First Amendment, the U.S. Court of Appeals for the Tenth Circuit ruled

Second Circuit refers question on situs of copyright injury under New York long-arm statute to New York Court of Appeals

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

The U.S. Court of Appeals for the Second Circuit has certfied a question concerning the applicability of the New York long-arm statute to online copyright infringement to the New York State Court of Appeals

Browsewrap attorney fee provision between business parties violates Ohio public policy

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 30 2010

An attorney fee provision in a browsewrap license agreement between commercial parties is unenforceable under Ohio law, even though a jury found that the agreement had been breached, because the attorney fee provision was not the product of "free and understanding negotiation," a district court ruled

No CFAA violation where software licensor with administrative password gave server access to licensor's competitor

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 30 2010

Neither a software licensee, nor a competitor of the software licensor, violated the Computer Fraud and Abuse Act when the competitor accessed a server containing the licensor's proprietary files via a password supplied by the licensee who had been issued an administrative password by the licensor, a district court ruled

Music downloader's due process rights violated by copyright statutory damages award of $22,500 per song

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 30 2010

A jury award of $22,500 per song, resulting in a total award of $675,000 in statutory damages against an individual who downloaded copyrighted music files on a peer-to-peer network, violated the individual's due process rights, where he reaped no pecuniary reward from the infringement and the infringement caused the plaintiffs "minimal harm," a district court ruled

Logo, copyright notice and link on web site constitute copyright management information under DMCA

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 30 2010

A photographer's name, logo and link on a Web site containing copyrighted photographs constitute copyright management information within the scope of the Digital Millennium Copyright Act, 17 U.S.C. 1202, a district court ruled

Hot news claim in financial data not preempted by Copyright Act

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 30 2010

A hot news misappropriation claim under New York law alleging that a licensee of financial data improperly shared the data with another business entity is not preempted by the Copyright Act, because the licensor had sufficiently alleged the "extra elements" of a hot news claim, a district court ruled