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Results: 11-20 of 68

Tort plaintiff lacked reasonable expectation of privacy in social network communications
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A tort plaintiff lacked a reasonable expectation of privacy in e-mails and other communications shared with third parties on social networking sites, a New York State trial court ruled


Music downloads and ringtones are licensed, not sold, under royalty agreement
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Sales of music by digital downloads and by ringtones sold through carriers must be accounted to an artist under a royalty contract with a recording company as licenses rather than sales of the music, the U.S. Court of Appeals for the Ninth Circuit ruled


Online provider's selective deletion and retention of third-party business reviews protected by CDA Section 230
  • Proskauer Rose LLP
  • USA
  • January 11 2011

An online business review site is not liable for alleged defamatory comments posted by a third party user of the site, a New York trial court ruled


Implied license, fair use, held meritorious defenses in online newspaper article copyright infringement action
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The implied license and fair use defenses raised by the operator of an online forum are meritorious defenses that warrant reopening a default judgment for copyright infringement, a district court ruled


Transfer of packaged software was a license, not a sale, under copyright first sale doctrine
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A transaction involving the transfer of packaged software from a developer to a user was a license, not a sale, under the copyright first sale doctrine, the U.S. Court of Appeals for the Ninth Circuit ruled


Ninth Circuit rules on license versus sale of software
  • Proskauer Rose LLP
  • USA
  • September 24 2010

The Register of Copyrights may have concluded that precedents defining the difference between a license and a sale of software are conflicting, but a panel of the Ninth Circuit had no difficulty in resolving the issue in its recent opinion Vernor v. Autodesk, Inc., 2010 U.S. App. LEXIS (9th Cir. Sept. 10, 2010


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


Virginia privacy law unconstitutional as applied to advocate's online posting of SSNs
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A Virginia statute prohibiting the public disclosure of Social Security Numbers is unconstitutional as applied to a privacy advocate who posted publicly available land records containing unredacted Social Security Numbers as part of a privacy lobbying effort, the U.S. Court of Appeals for the Fourth Circuit ruled


Bankruptcy court approves destruction of personal information gathered on gay teen site
  • Proskauer Rose LLP
  • USA
  • September 30 2010

The judge presiding over the bankruptcy proceeding of the operator of a Web site and magazine aimed at gay teens has approved a settlement allowing the destruction of personal information of users rather than a sale to creditors as part of the bankruptcy estate


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