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Results: 1-10 of 45

Logo, copyright notice and link on web site constitute "copyright management information" under dmca
  • Proskauer Rose LLP
  • USA
  • July 26 2010

The "copyright management" provision of the Digital Millennium Copyright Act, 17 U.S.C. 1202, prohibits the provision or dissemination of copyright management information that is false, as well as the removal or alteration of copyright management information


Browsewrap attorney fee provision between business parties violates Ohio public policy
  • Proskauer Rose LLP
  • USA
  • September 30 2010

An attorney fee provision in a browsewrap license agreement between commercial parties is unenforceable under Ohio law, even though a jury found that the agreement had been breached, because the attorney fee provision was not the product of "free and understanding negotiation," a district court ruled


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


Music downloader's due process rights violated by copyright statutory damages award of $22,500 per song
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A jury award of $22,500 per song, resulting in a total award of $675,000 in statutory damages against an individual who downloaded copyrighted music files on a peer-to-peer network, violated the individual's due process rights, where he reaped no pecuniary reward from the infringement and the infringement caused the plaintiffs "minimal harm," a district court ruled


No DMCA or trademark liability for provider of online printing services for removal of material deemed infringing
  • Proskauer Rose LLP
  • USA
  • July 29 2010

An online printing services provider is not liable for removal of user content that it deems infringing or otherwise objectionable, a district court ruled


Company that distributed P2P software secondarily liable for massive infringement by users
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A company that created and distributed a peer-to-peer file-sharing program that was used to distribute unauthorized copies of copyrighted music files on a "massive scale" is secondarily liable for acts of direct infringement on the part of the users of the program, a district court ruled


Web site operator’s knowledge of “generalized practice” of copyright infringement insufficient to negate DMCA safe harbor
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A Web site operator's knowledge of a "generalized practice" of copyright infringement by users of its service is insufficient to deprive it of the protection of the "safe harbor" provided by Section 512(c) of the Digital Millennium Copyright Act, 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?


Ninth Circuit says DMCA anticircumvention provision gives new, access-prevention right to copyright owners - MDY v. Blizzard, part II
  • Proskauer Rose LLP
  • USA
  • January 4 2011

As we related in Part I of this post, Blizzard Entertainment, distributor of the World of Warcraft game software and the operator of the servers that enable online game play, sought to block the use of automated game playing software by deploying anti-bot software, WoW Warden


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