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Results: 1-10 of 218

Emerging technology and existing law: can geofencing provide radio webcasters a workaround of digital performance royalties?
  • Proskauer Rose LLP
  • USA
  • October 3 2014

New technology continues to generate business models that test the limits of intellectual property laws enacted before such technologies were ever


Browsewrap agreement held unenforceable against consumer due to insufficient notice
  • Proskauer Rose LLP
  • USA
  • September 8 2014

Many commercial websites rely on "browsewrap" agreements to bind visitors to commercial terms. A recent decision by the Ninth Circuit suggests that a


Sixth Circuit reinforces CDA immunity reverses lower court in Jones v. Dirty World
  • Proskauer Rose LLP
  • USA
  • June 16 2014

On June 16th, 2014, the Sixth Circuit reversed the lower court's holding that the gossip site, TheDirty.com, was responsible for its users'


Assignment of copyright through terms of use: does e-sign make it ok? A tool for B2B sites dealing with unauthorized access to their content?
  • Proskauer Rose LLP
  • USA
  • December 20 2012

It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their “Terms of Use” to obtain rights to use the content


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


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


Ninth Circuit ruling trimming CFAA claims for misappropriation reminds employers that technical network security is the first defense
  • Proskauer Rose LLP
  • USA
  • April 13 2012

The Ninth Circuit, sitting en banc, has upheld a district court’s dismissal of criminal charges under the Computer Fraud and Abuse Act that were predicated on misappropriation of proprietary documents in violation of the employer’s computer use policy


In clickwrap data pass contract dispute. Second Circuit sacks e-mail notice of post-transaction terms
  • Proskauer Rose LLP
  • USA
  • September 25 2012

In an important opinion on the enforceability of online contract terms, Senior Circuit Judge Robert D. Sacks walks through the last decade and a half of online contracting law on the way to invalidating an arbitration provision in an agreement involving a so-called Web loyalty program


State Appeals Court concludes employer not protected by CDS Section 230 in employee stalking case, and seems to shrink the statute along the way
  • Proskauer Rose LLP
  • USA
  • June 29 2012

An Illinois state appeals court recently held that although an employer that provided network connectivity to its employees is an “interactive service provider” under Section 230 of the Communications Decency Act, the statute does not protect the employer from negligent supervision claims based upon the employee’s alleged use of the network to communicate threats to a third party


An old wine - new bottles analogy leads to dismissal of indictment for alleged Twitter stalking
  • Proskauer Rose LLP
  • USA
  • December 22 2011

The Twitter micro-blogging service is just like the bulletin boards that Colonial Americans might have had in their front yards to communicate with one another at the time the Bill of Rights was adopted, said a federal district court judge in United States v. Cassidy, No. TWT 11-091 (D. Md. Dec. 15, 2011