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Results: 1-10 of 213

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


Music publishers bring contributory copyright claims against ISP for infringing activities of subscribers
  • Proskauer Rose LLP
  • USA
  • December 2 2014

In a novel lawsuit that tests the bounds of service provider liability, two music publishers brought suit against an ISP for contributory copyright


QVC sues shopping app for web scraping that allegedly triggered site outage
  • Proskauer Rose LLP
  • USA
  • December 5 2014

Operators of public-facing websites are typically concerned about the unauthorized, technology-based extraction of large volumes of information from


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


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


New York High Court splits on applicability of Communications Decency Act Section 230 to online forum operator
  • Proskauer Rose LLP
  • USA
  • June 30 2011

A divided New York Court of Appeals ruled on June 14, 2011, that an online forum administrator’s additions to an allegedly defamatory post by a user are protected by Section 230 of the Communications Decency Act


Cost of examining third-party computers to locate and delete misappropriated files not compensable under CFAA
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A plaintiff who claimed that his files were copied without authorization from a purloined "thumb drive" and onto various third-party computers failed to show a compensable loss under the Computer Fraud and Abuse Act because he failed to show that the thumb drive was somehow damaged or impaired by the defendant's act of accessing the drive, a district court ruled


Broad civil discovery order to produce cellphone and computer violated privacy, self-incrimination rights and privileges
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A civil discovery order requiring a party to produce her cellphone and computer for examination by her adversary's attorney was improper because the unlimited breadth of the order failed to protect the party's right of privacy, right against self-incrimination, and various privileges, a Florida appeals court ruled


Allegations of increased exposure to identity theft risk insufficient to maintain negligence, breach of contract claims
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A complaint alleging negligence, breach of contract and other claims stemming from a breach in the security of personal information in the hands of a retailer was legally insufficient because the plaintiff failed to show that the loss of his personal information harmed him in a legally cognizable way, the U.S. Court of Appeals for the Ninth Circuit ruled


Adverse effect for CAN-SPAM standing shown by cost of processing spam e-mails
  • Proskauer Rose LLP
  • USA
  • July 29 2010

An ISP that had less than 1,000 customers for its Internet access and e-mail services established standing under the federal CAN-SPAM Act with evidence that it received 200,000 spam e-mails a day, that it spent $3,000 a month in fees to process the e-mails, and that it experienced occasional network slowdowns as a result of spam traffic, a district court ruled