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Results: 1-10 of 113

CDA Section 230 protects web site operator from liability for user's defamatory post, despite general statement on web site concerning accuracy of information
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A general statement on a Web site to the effect that posted information was truthful and accurate did not deprive the Web site operators of protection from liability for defamatory statements posted by third parties under Section 230 of the Communications Decency Act, a Texas appeals court ruled


Early termination fee in contract for internet access not an invalid liquidated damages clause under California law
  • Proskauer Rose LLP
  • USA
  • January 11 2011

An early termination fee contained in a contract for Internet access services for a defined period is not an invalid liquidated damages clause under Cal. Civ. Code Section 1671, the U.S. Court of Appeals for the Ninth Circuit ruled


Federal CAN-SPAM Act preempts claim under Illinois anti-spam law that e-mail utilizing tracking technology was misleading
  • Proskauer Rose LLP
  • USA
  • May 5 2011

A claim under the Illinois anti-spam law that the heading on a promotional e-mail was misleading because it failed to warn the recipient that the e-mail sender utilized tracking technology is preempted by the federal CAN-SPAM Act, a district court ruled


CAN-SPAM Act may be applicable to Facebook messages
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The CAN-SPAM Act may apply to communications intended to drive users of the Facebook social network to "pages" that redirect the users to an advertiser's external Web site and also encourage them to send additional messages to other users, a district court ruled


Download of copyrighted digital music file not a public performance under Copyright Act
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Downloading a copyrighted digital music file does not constitute a public performance under the Copyright Act, the U.S. Court of Appeals for the Second Circuit ruled


FINRA alerts investors to bitcoin risks
  • Proskauer Rose LLP
  • USA
  • March 14 2014

Bitcoin remains fixed on the front pages of the business and technology news for both the salacious and the positive. Much attention has been paid to


Courts split on assent to web loyalty programs
  • Proskauer Rose LLP
  • USA
  • September 30 2010

In In re Easysaver Rewards Litigation (S.D.N.Y. Aug. 13, 2010), the district court refused to dismiss a class action alleging breach of contract and fraud claims against an online retailer and the third party provider of a online rewards program


Online auction site's user agreement sufficiently proved by production of exemplar
  • Proskauer Rose LLP
  • USA
  • September 30 2010

The execution and terms of an online auction site's user agreement containing a forum selection clause was sufficiently proved by the production of an exemplar of the agreement, coupled with testimony of a site employee describing the process by which users registered to use the site, a state appeals court ruled


Web site owner's assertion of CDA Section 230 in response to defamation claim not an extortionate threat
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A Web site operator's assertion of Section 230 of the Communications Decency Act in response to a demand that allegedly defamatory third-party content be removed from its consumer complaint site does not constitute an extortionate threat under California law, 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