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Results: 1-10 of 258

Federal lawsuit alleges infringement of minors' New York right of publicity by Facebook "like" and "friend finder" features
  • Proskauer Rose LLP
  • USA
  • May 19 2011

In what may represent a new wave in an interesting challenge to the viral nature of social media marketing, a recently filed putative class action asserts a right of publicity claim against Facebook in connection with the service's "Like" and "Friend Finder" features


FTC consumer privacy settlement over Google Buzz includes EU Safe Harbor violations
  • Proskauer Rose LLP
  • European Union, USA
  • May 5 2011

The Federal Trade Commission settled deceptive practices charges against Google relating to the rollout of the Google Buzz social network in 2010, including charges that Google violated the substantive requirements of the EU-U.S. Safe Harbor agreement


Notice of past infringements on online photo site does not obligate operator to proactively screen site
  • Proskauer Rose LLP
  • USA
  • May 5 2011

An online photo-sharing site does not have a duty to search its site for material that infringes an artist's works, even if it has received past notices of infringement of the same works from the artist, a district court ruled


New York attorneys may access public social networking profiles for litigation purposes
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Attorneys may access publicly available profile pages on social networking sites in order to obtain evidence and impeachment material for use in litigation, the New York State Bar Association Committee on Professional Ethics opined


Software licensor's contract prohibition against automated download of support materials does not constitute copyright misuse
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A prohibition in a software license agreement against the use of automated tools to download support materials related to the software is not a misuse of copyright, a district court found


Developer of automated videogame-playing program violated DMCA but did not infringe copyright
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The developer of an automated videogame-playing software program violated the anticircumvention provisions of the Digital Millennium Copyright Act, but is not liable for copyright infringement, the U.S. Court of Appeals for the Ninth Circuit ruled


Excerpting and linking to online news article protected by fair use doctrine
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A blogger's posting of an eight-line excerpt from a 30-line online newspaper article, coupled with a link to the full article on the newspaper Web site, is protected by the copyright fair use doctrine, 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


Arbitration provision in subscriber agreement unenforceable where not clearly incorporated into clickwrap services agreement
  • Proskauer Rose LLP
  • USA
  • January 11 2011

An arbitration provision contained in an online Internet services subscriber agreement is not enforceable where the subscriber agreement was not clearly incorporated into the clickwrap services agreement presented to the subscriber at the time the subscriber installed the provider's software, a district court ruled


Clickwrap agreement available only through hyperlink enforceable under New York law
  • Proskauer Rose LLP
  • USA
  • July 23 2015

Last week, the Southern District of New York followed a long line of precedent under New York law and upheld the enforceability of a website