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Results: 1-10 of 45

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


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


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


Oracle v. Google judge writes the book on software programming copyright for now, anyway
  • Proskauer Rose LLP
  • USA
  • June 6 2012

The trial in the dispute between Oracle and Google over the use of Java technology in the Android operating system is over, and the greatly anticipated ruling on copyright in the Java Application Programming Interface (API) has issued


European Court of Justice rules on copyright status of computer programming languages and functionality
  • Proskauer Rose LLP
  • European Union, USA
  • May 7 2012

In a jury room in San Francisco, jurors in Oracle, Inc. v. Google, Inc. have been toiling over complicated issues related to the copyrightability of the Java computer programming language, and they may well return a verdict before the ink is dry on this post


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 fair use defense for online post of 21-page book excerpt
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The blog posting of images of 21 pages of a soon-to-be-published book is not protected by the fair use doctrine and thus may be temporarily enjoined, a district 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


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


The Righthaven lawsuits: what is fair use of online publications?
  • Proskauer Rose LLP
  • USA
  • February 24 2011

Righthaven LLC is an intellectual property enforcement firm that was formed by a group of copyright attorneys and Stephens Media, the publisher of the Law Vegas Review-Journal