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Results: 11-20 of 72

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


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


No Fourth Amendment violation in transfer of laptop seized at border for forensic examination
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The transfer of a laptop seized at a border crossing to a facility 170 miles away for forensic examination was justified under the border search doctrine, the U.S. Court of Appeals for the Ninth Circuit ruled


Cost of credit monitoring for victims of data security breach constitutes loss under CFAA
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The cost of providing credit monitoring for employees whose personal information was accessed as a result of unauthorized access by an inmate to a prison computer network constitutes a "loss" under the Computer Fraud and Abuse Act, the United States Court of Appeals for the First Circuit ruled


Decreased value of consumer personal information resulting from security breach confers standing in personal injury suit
  • Proskauer Rose LLP
  • USA
  • May 5 2011

A plaintiff whose personal data was contained in a social network service online database copied by a hacker sufficiently alleged an injury-in-fact to support Article III standing, on the theory that the value of his personal information was diminished as a result of the breach, a district court ruled


Register of copyrights says "who knows?" on ownership of computer program copies
  • Proskauer Rose LLP
  • USA
  • August 5 2010

Who owns the firmware on a smartphone, the device manufacturer or the purchaser?


No Fourth Amendment violation in government employer review of employee text messages
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A municipality did not violate an employee's privacy rights when it reviewed text messages on an employer-supplied pager in order to determine whether it was providing sufficient character limits to its employees under its contract with the wireless services provider, the U.S. Supreme Court ruled


Labor union e-mail campaign did not violate CFAA
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A labor union that posted a pre-addressed form e-mail on its Web site, enabling union supporters to e-mail an employer with a pro-union message with "the click of a few buttons," and that allegedly encouraged supporters to inundate the employer's e-mail system with messages, did not violate the federal Computer Fraud and Abuse Act, a district court 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


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