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Infringement notices requiring service provider to reference multiple files are insufficient under takedown provisions of DMCA
  • Proskauer Rose LLP
  • USA
  • September 30 2010

Notices of claimed infringement that consist of multiple files that a service provider must cross-reference in order to determine the location of infringing content do not satisfy the takedown provisions of the Digital Millennium Copyright Act, a district court ruled


CDA Section 230 protects web site operator from liability for user's defamatory post, despite general statement on web site concerning accuracy of information
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A general statement on a Web site to the effect that posted information was truthful and accurate did not deprive the Web site operators of protection from liability for defamatory statements posted by third parties under Section 230 of the Communications Decency Act, a Texas appeals court ruled


Web site owner's assertion of CDA Section 230 in response to defamation claim not an extortionate threat
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A Web site operator's assertion of Section 230 of the Communications Decency Act in response to a demand that allegedly defamatory third-party content be removed from its consumer complaint site does not constitute an extortionate threat under California law, a district court ruled


ECPA not applicable to ISP's alleged disclosure of communications to foreign government
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The Electronic Communications Privacy Act does not apply to the actions of an ISP that allegedly revealed subscribers' personal information and communications to a foreign government, where the acts of disclosure and interception took place in a foreign country, a district court ruled


Fed. R. Civ. p. 65 precludes post-judgment injunction requiring web site to remove user's defamatory post
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The requirements of Fed. R. Civ. P. 65 preclude the enforcement of an injunction requiring the removal of posts found to be defamatory against a Web site operator that was not a party to the defamation litigation in which the judgment including the injunction was issued, a district court ruled


Near $2 million copyright damages verdict against non-commercial file-sharing defendant remitted as “gross injustice”
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A $1,920,000 jury award of copyright damages against a "non-commercial individual" for distributing 24 copyrighted songs on a file-sharing network is a "gross injustice" that warrants remitting the verdict to three times the minimum statutory damages of $750 per song, or $2,250 per song ($54,000), a district court ruled


Online clickwrap forum selection clause enforceable despite user's claim of accidental or involuntary “click”
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A forum selection clause in an online clickwrap agreement covering financial information services is enforceable despite the user's claim that he may have accidentally or involuntarily clicked the boxes signifying assent to the agreement, a district court ruled


Second Circuit refers question on situs of copyright injury under New York long-arm statute to New York Court of Appeals
  • Proskauer Rose LLP
  • USA
  • July 29 2010

The U.S. Court of Appeals for the Second Circuit has certfied a question concerning the applicability of the New York long-arm statute to online copyright infringement to the New York State Court of Appeals


Excerpting and linking to online news article protected by fair use doctrine
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A blogger's posting of an eight-line excerpt from a 30-line online newspaper article, coupled with a link to the full article on the newspaper Web site, is protected by the copyright fair use doctrine, a district court ruled


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