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Clickwrap user agreement bars claims against web site operator over fraudulent ticket sales
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A clickwrap user agreement applicable to an online ticket exchange that contained broad disclaimers of liability, including disclaimers of express and implied warranties, bars claims by users of the site based upon their purchase of fraudulent ticket purchase options, a district court ruled


Browsewrap attorney fee provision between business parties violates Ohio public policy
  • Proskauer Rose LLP
  • USA
  • September 30 2010

An attorney fee provision in a browsewrap license agreement between commercial parties is unenforceable under Ohio law, even though a jury found that the agreement had been breached, because the attorney fee provision was not the product of "free and understanding negotiation," a district court ruled


No CFAA violation where software licensor with administrative password gave server access to licensor's competitor
  • Proskauer Rose LLP
  • USA
  • September 30 2010

Neither a software licensee, nor a competitor of the software licensor, violated the Computer Fraud and Abuse Act when the competitor accessed a server containing the licensor's proprietary files via a password supplied by the licensee who had been issued an administrative password by the licensor, a district court ruled


No Fourth Amendment violation in government administrative subpoena to ISP for subscriber information
  • Proskauer Rose LLP
  • USA
  • July 29 2010

An administrative subpoena served upon a defendant's Internet service provider to obtain his subscriber information did not violate his Fourth Amendment rights, the U.S. Court of Appeals for the Fourth Circuit ruled, because the defendant had no reasonable expection of privacy in his subscriber information


Alleged cybersquatter's inclusion of commercial self-promotion on gripe site precludes dismissal of trademark and cybersquatting claims
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A former law firm associate who registered a ".net" domain name identical to the ".com" domain name of his former employer and used the domain name to host a "gripe site" containing criticism of the firm and its employees was not entitled to dismissal of trademark infringement and cybersquatting claims, a district court ruled


Electronic signatures on Utah nomination petitions ruled valid
  • Proskauer Rose LLP
  • USA
  • July 29 2010

Under Utah law, electronic signatures used to execute petitions to nominate independent political candidates are valid, the Utah Supreme Court ruled


Software user does not acquire knowledge of trade secrets embodied in source code
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A user of software containing source code misappropriated by the software developer from a competitor does not thereby acquire the requisite knowledge of the trade secrets embodied in the source code so as to violate the California Uniform Trade Secrets Act, a California appeals court ruled


Printouts of policyholder database files not protectable as trade secrets
  • Proskauer Rose LLP
  • USA
  • July 29 2010

Policyholder information that was contained on printouts made from an insurance company electronic database by departing insurance agents was not protected under Connecticut trade secret law because the information was readily obtainable from physical policyholder files retained by the agents, a district court ruled


Cost of examining third-party computers to locate and delete misappropriated files not compensable under CFAA
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A plaintiff who claimed that his files were copied without authorization from a purloined "thumb drive" and onto various third-party computers failed to show a compensable loss under the Computer Fraud and Abuse Act because he failed to show that the thumb drive was somehow damaged or impaired by the defendant's act of accessing the drive, a district court ruled


Broad civil discovery order to produce cellphone and computer violated privacy, self-incrimination rights and privileges
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A civil discovery order requiring a party to produce her cellphone and computer for examination by her adversary's attorney was improper because the unlimited breadth of the order failed to protect the party's right of privacy, right against self-incrimination, and various privileges, a Florida appeals court ruled