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Results: 1-10 of 45

Supreme Court rejects Google’s appeal in Java API dispute
  • Proskauer Rose LLP
  • USA
  • June 30 2015

On Monday, the Supreme Court denied certiorari in Google's appeal of the Federal Circuit's 2014 ruling that that the declaring code and the structure


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


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


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


Virginia court dismisses webcaster’s suit concerning geofencing workaround to copyright royalty obligations
  • Proskauer Rose LLP
  • USA
  • February 24 2015

We previously wrote about a Virginia federal magistrate judge's report recommending dismissal of a declaratory judgment action brought by several


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?


Posting of entire news article is fair use, says judge in Righthaven copyright litigation
  • Proskauer Rose LLP
  • USA
  • March 22 2011

We recently wrote on the copyright enforcement lawsuits brought by Righthaven LLC, the intellectual property enforcement firm, and in particular, on a pending ruling on the issue of fair use in the Righthaven litigation against the Center for Intercultural Organizing (CIO


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


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


Ninth Circuit rules on license conditions versus contract covenants in dispute over World of Warcraft bots - MDY v. Blizzard, part I
  • Proskauer Rose LLP
  • USA
  • January 3 2011

Playing World of Warcraft, the world's most popular massively multiplayer online role-playing game (MMORPG), can be, well, a drag