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Limited damages available under DMCA 512(f) for wrongful takedown notice
  • Proskauer Rose LLP
  • USA
  • April 14 2010

Although DMCA 512(f) allows an award of "any damages" for wrongful removal of alleged infringing material as a result of misrepresentations to a service provider, such damages "must be proximately caused by the misrepresentation to the service provider and the service provider's reliance on the misrepresentation," a district court ruled


Under New York long-arm statute, copyright owner's location is situs of copyright harm from online infringement
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Under N.Y.C.P.L.R. 302(a)(3)(ii), which provides for long-arm jurisdiction in cases involving out-of-state tortious acts that cause harm within the State, where unauthorized copies of copyrighted works are posted on Web sites outside New York, the situs of the resulting injury is the location of the copyright owner


Early termination fee in contract for internet access not an invalid liquidated damages clause under California law
  • Proskauer Rose LLP
  • USA
  • January 11 2011

An early termination fee contained in a contract for Internet access services for a defined period is not an invalid liquidated damages clause under Cal. Civ. Code Section 1671, the U.S. Court of Appeals for the Ninth Circuit ruled


FINRA alerts investors to bitcoin risks
  • Proskauer Rose LLP
  • USA
  • March 14 2014

Bitcoin remains fixed on the front pages of the business and technology news for both the salacious and the positive. Much attention has been paid to


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


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


Terms of use breach not sufficient to trigger California computer crime claim
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A provider of log-in services to users of the Facebook social networking site did not access the site "without permission" under California Penal Code 502 merely because the access constituted a breach of the site's terms of use, a district court ruled


No dismissal under CDA Section 230 for ISP where good faith is challenged
  • Proskauer Rose LLP
  • USA
  • July 29 2010

An Internet service provider is not entitled to dismissal of a complaint alleging various theories of liability for blocking e-mails alleged to be spam, where the plaintiff's complaint called into question whether the ISP acted in good faith pursuant to Section 230 (c)(2) of the Communications Decency Act, a district court ruled


License language in contract may render search ad provider liable under ACPA for providing ads to parked domain names
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A provider of search ads to registrants of parked domain names alleged to infringe trademarks may be liable under the Anti-cybersquatting Consumer Protection Act as an "authorized licensee" of the registrants, a district court ruled


Unauthorized sharing of copyrighted music files on P2P file-sharing network not protected by fair use defense
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A party who made copies of music recordings and shared them with other parties on a peer-to-peer file-sharing network is not protected by the defense of fair use, a district court ruled