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Results: 1-10 of 213

Fed. R. Civ. p. 65 precludes post-judgment injunction requiring web site to remove user's defamatory post
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The requirements of Fed. R. Civ. P. 65 preclude the enforcement of an injunction requiring the removal of posts found to be defamatory against a Web site operator that was not a party to the defamation litigation in which the judgment including the injunction was issued, a district court ruled


Trademark owner's reports of infringing goods to online auction anti-infringement program protected by “interested party” privilege from defamation claim
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A trademark owner's reports of infringing goods to an online auction's anti-infringement program were privileged under California law, a district court ruled


Clickwrap form of online agreement not required for contract formation
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A click on a button marked "I agree" is not necessary to effectively manifest assent to online contract terms, a Missouri appeals court ruled


Near $2 million copyright damages verdict against non-commercial file-sharing defendant remitted as “gross injustice”
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A $1,920,000 jury award of copyright damages against a "non-commercial individual" for distributing 24 copyrighted songs on a file-sharing network is a "gross injustice" that warrants remitting the verdict to three times the minimum statutory damages of $750 per song, or $2,250 per song ($54,000), a district court ruled


Unauthorized sharing of copyrighted music files on P2P file-sharing network not protected by fair use defense
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A party who made copies of music recordings and shared them with other parties on a peer-to-peer file-sharing network is not protected by the defense of fair use, a district court ruled


Two circuit courts counter the Ninth Circuit on plain view exception to warrant requirement in computer searches
  • Proskauer Rose LLP
  • USA
  • April 14 2010

In United States v. Comprehensive Drug Testing, Inc. (9th Cir. Aug. 26, 2009), the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, limited the scope of searches for digital evidence by defining a set of procedures to be followed by law enforcement in requesting and executing such searches


Domain names subject to judgment execution proceedings where registry is located
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A domain name is property of a debtor that is properly subject to judgment execution proceedings in the jurisdiction where the domain name registry is located, the U.S. Court of Appeals for the Ninth Circuit ruled


Clickwrap agreement enforceable between commercial parties where contract formation process was “consistent with industry standards”
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A clickwrap agreement between a retail Web site operator and a commercial party was enforceable because, among other things, the online contract formation process that led to the agreement was "consistent with industry standards" and thus could not be said to be substantively unconscionable, a district court ruled


Forum selection clause in Google AdWords agreement applies to claims against Google for prior conduct
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The scope of the forum selection clause in the agreement applicable to the Google Adwords program extends to a plaintiff's dispute with Google over conduct predating the execution of the Adwords agreement, a district court ruled


Complaint containing bare allegations that consumer complaint Web site is an “information content provider” properly dismissed under CDA Section 230
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A complaint containing bare allegations that a consumer complaint Web site solicited complaints, contacted consumers to ask questions and assist in drafting or revising complaints, and steered the complaints to categories designed to attract the attention of class action lawyers, among other things, was properly dismissed pursuant to Section 230 of the Communications Decency Act, the U.S. Court of Appeals for the Fourth Circuit ruled