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Results: 1-10 of 215

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


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


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


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


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


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 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'


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"


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