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Results: 1-10 of 256

Comcast takes real world steps to transition to next-generation internet protocol
  • Proskauer Rose LLP
  • USA
  • January 29 2010

When we last wrote about the impending shortage of Internet Protocol Addresses, we compared it to the predicted shortage of oil - something that would probably have to be dealt with a little bit down the road, not necessarily right away


It's ten o'clock. Does the FBI know where you (or at least your cell phone) are?
  • Proskauer Rose LLP
  • USA
  • February 11 2010

If the FBI wants to know where an individual is, and if the Department of Justice prevails in a case rescheduled for argument tomorrow in snowy Philadelphia, the FBI (or other law enforcement authorities) will be able to obtain that individual's cell site data from the individual's cellular carrier on a showing of "reasonable grounds" to believe that the data is "relevant and material to an ongoing investigation."


Applying 9th Circuit LVRC v. Brekka ruling, district court dismisses most CFAA criminal charges in United States v. Nosal
  • Proskauer Rose LLP
  • USA
  • January 29 2010

The debate over the applicability of the Computer Fraud and Abuse Act in cases of alleged employee disloyalty has yielded quite a few rulings over the last several years, and generated a circuit split last September with the Ninth Circuit decision in LVRC Holdings LLC v. Brekka, 581 F.3d 1127 (9th Cir. 2009


Novell prevails in jury trial on ownership of UNIX copyrights
  • Proskauer Rose LLP
  • USA
  • March 30 2010

The jury in The SCO Group v. Novell, Inc. litigation over ownership of the copyrights in UNIX source code has ruled in favor of Novell, the company announced on its blog this afternoon


Computer file extension functional, therefore not protectable as trademark
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A computer file extension is inherently functional, therefore a software company that utilizes a particular file extension to designate files that are accessed by its proprietary software may not protect the letters comprising the file extension as a trademark, a district court ruled


In assessing employee status in copyright ownership disputes, technology start-ups are a special case, says the Ninth Circuit
  • Proskauer Rose LLP
  • USA
  • April 8 2010

A technology start-up company can be an informal environment - both Apple Computer and Hewlett-Packard famously started out in garages, and Yahoo!, Google and Facebook were developed, initially at least, in college dorm rooms


Limited damages available under DMCA 512(f) for wrongful takedown notice
  • Proskauer Rose LLP
  • USA
  • April 14 2010

Although DMCA 512(f) allows an award of "any damages" for wrongful removal of alleged infringing material as a result of misrepresentations to a service provider, such damages "must be proximately caused by the misrepresentation to the service provider and the service provider's reliance on the misrepresentation," a district court ruled


FACTA credit card truncation requirements do not apply to e-mail order confirmations
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The requirement of the Fair and Accurate Credit Transactions Act that certain credit and debit card information be truncated on printed receipts does not apply to e-mail order confirmations, a district court ruled


New York Insurance Department opinion controls validity of electronic signature on clickwrap insurance application
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The New York State Insurance Department may impose a requirement that an insurance company verify the identity of a person providing an electronic signature on an online application for insurance, notwithstanding the less restrictive definition of an electronic signature in the New York Electronic Signatures and Records Act, a district court ruled


Floor plans in online database not protectable under copyright law
  • Proskauer Rose LLP
  • USA
  • April 14 2010

Copying of floor plans that were collected from third parties and compiled into an online database is not actionable under copyright law, a district court ruled