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Results: 1-10 of 214

Browsewrap agreement held unenforceable against consumer due to insufficient notice
  • Proskauer Rose LLP
  • USA
  • September 8 2014

Many commercial websites rely on "browsewrap" agreements to bind visitors to commercial terms. A recent decision by the Ninth Circuit suggests that a


U.S. Supreme Court unanimously rule that GPS installation and tracking of a vehicle constitutes a search, but the justices disagree on rationale - are lines being drawn on privacy rights and new technology?
  • Proskauer Rose LLP
  • USA
  • January 23 2012

In a narrowly-drawn majority opinion, the United States Supreme Court ruled in United States v. Antoine Jones that the Government’s attachment of a GPS-tracking device to a vehicle, and the subsequent monitoring of the movements of that vehicle on public streets, constitutes a search


An old wine - new bottles analogy leads to dismissal of indictment for alleged Twitter stalking
  • Proskauer Rose LLP
  • USA
  • December 22 2011

The Twitter micro-blogging service is just like the bulletin boards that Colonial Americans might have had in their front yards to communicate with one another at the time the Bill of Rights was adopted, said a federal district court judge in United States v. Cassidy, No. TWT 11-091 (D. Md. Dec. 15, 2011


Who owns an employee's Twitter and other online accounts?
  • Proskauer Rose LLP
  • USA
  • December 8 2011

In this era of multiple online communication channels, and in an environment of increased employee mobility, employers need to focus on the legal and practical ways of securing their ownership of online company accounts that are registered or otherwise created by employees or contractors


Novell prevails in long-running dispute over ownership of UNIX copyrights - and open source software moves on
  • Proskauer Rose LLP
  • USA
  • August 31 2011

The dispute between The SCO Group and Novell, Inc. over the ownership of copyrights in the code to certain versions of the UNIX operating system, which started eight years ago, appears to have been handed its retirement papers by the Tenth Circuit


This is one of the top ten best blog posts ever written about online defamation
  • Proskauer Rose LLP
  • USA
  • September 17 2012

Although we have confidence in the quality of our work, the headline above might be viewed by some as mere hyperbole or rhetorical exaggeration


No expansion of CFAA liability for monetary exploit of software bug
  • Proskauer Rose LLP
  • USA
  • November 13 2013

In the game Monopoly, lucky players landing on Community Chest might turn over the highly desirable "Bank Error in Your Favor, Collect $200&Prime


Sixth Circuit affirms ‘dirtiest hotel’ defamation ruling
  • Proskauer Rose LLP
  • USA
  • September 23 2013

We previously wrote about a Tennessee district court's decision holding that a hotel's inclusion at the top of the 2011 TripAdvisor "Dirtiest Hotels"


Emerging technology and existing law: can geofencing provide radio webcasters a workaround of digital performance royalties?
  • Proskauer Rose LLP
  • USA
  • October 3 2014

New technology continues to generate business models that test the limits of intellectual property laws enacted before such technologies were ever


California Supreme Court denies review of ruling allowing restaurant owner’s false advertising claims to proceed against Yelp
  • Proskauer Rose LLP
  • USA
  • November 19 2014

On November 12, 2014, the California Supreme Court denied review of the California Court of Appeals decision in Demetriades v. Yelp, Inc., 2014 WL