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Results: 1-10 of 218

Assignment of copyright through terms of use: does e-sign make it ok? A tool for B2B sites dealing with unauthorized access to their content?
  • Proskauer Rose LLP
  • USA
  • December 20 2012

It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their “Terms of Use” to obtain rights to use the content


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


Mobile alphabet soupwhat exactly is an ATDS under the TCPA?
  • Proskauer Rose LLP
  • USA
  • June 9 2014

There has been an uptick in litigation under the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227 likely due to the increased use


Sixth Circuit reinforces CDA immunity reverses lower court in Jones v. Dirty World
  • Proskauer Rose LLP
  • USA
  • June 16 2014

On June 16th, 2014, the Sixth Circuit reversed the lower court's holding that the gossip site, TheDirty.com, was responsible for its users'


Website Design Implicated in Two Rulings on Enforceability of Online Terms - Highlights the Importance of Legal Review of Design Decisions
  • Proskauer Rose LLP
  • USA
  • November 21 2016

This past summer, we wrote about two instances in which courts refused to enforce website terms presented in browsewrap agreements. As we noted


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


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"


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


There's no sense waiting to see what the U.S. Supreme Court has to say about GPS tracking
  • Proskauer Rose LLP
  • USA
  • January 5 2012

That appears to be the opinion of Magistrate Judge David Noce in United States v. Robinson, No. 4:11-cr-00361 (D. Mo. Dec. 27, 2011), who ruled that GPS tracking of a public official suspected of having a no-show municipal job did not require a warrant


Oracle v. Google judge writes the book on software programming copyright for now, anyway
  • Proskauer Rose LLP
  • USA
  • June 6 2012

The trial in the dispute between Oracle and Google over the use of Java technology in the Android operating system is over, and the greatly anticipated ruling on copyright in the Java Application Programming Interface (API) has issued