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Results: 1-10 of 214

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


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


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


Supreme Court rejects Google’s appeal in Java API dispute
  • Proskauer Rose LLP
  • USA
  • June 30 2015

On Monday, the Supreme Court denied certiorari in Google's appeal of the Federal Circuit's 2014 ruling that that the declaring code and the structure


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


Virginia court dismisses webcaster’s suit concerning geofencing workaround to copyright royalty obligations
  • Proskauer Rose LLP
  • USA
  • February 24 2015

We previously wrote about a Virginia federal magistrate judge's report recommending dismissal of a declaratory judgment action brought by several


Who exactly is a ‘user’ under the DMCA safe harbor?
  • Proskauer Rose LLP
  • USA
  • May 11 2015

The DMCA was enacted in 1998 to preserve "strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright


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