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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


Ohio State tries to buck online t-shirt company
  • Proskauer Rose LLP
  • USA
  • November 12 2014

As the leaves change and fall temperatures drop, things are heating up in federal court where The Ohio State University has filed suit against


Pawn to E4: Chess Website Kept in Check over Digital Rights to Publish Players' Moves
  • Proskauer Rose LLP
  • USA
  • December 21 2016

Last month, on the eve of a battle between two chess grandmasters, three websites found themselves "FIDEing" for advantage over tournament revenue


Ohio State University Seeing Scarlet in Trademark Suit against Online Marketplace
  • Proskauer Rose LLP
  • USA
  • December 21 2016

Ohio State University ("Ohio State," "University," or "OSU") recently threw the proverbial yellow flag and filed a complaint in the Ohio federal


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