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Results: 1-10 of 35

Cable Networks throw copyright infringement haymaker at online streaming sites
  • Proskauer Rose LLP
  • USA
  • May 29 2015

The May 2nd bout between Floyd "Money" Mayweather and Manny "Pac-Man" Pacquiao(the "Fight") was billed as the most anticipated boxing match in recent


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


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


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


FCC Chairman announces proposal to classify internet TV services as cable providers
  • Proskauer Rose LLP
  • USA
  • October 30 2014

Over the past month, there have been many reports that the FCC would soon publish an NPRM classifying an online video distributor (OVD) that delivers


Operator of BitTorrent P2P file-sharing network induced copyright infringement and is ineligible for DMCA safe harbors
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The operator of a file-sharing network that utilized the BitTorrent file-sharing technology is secondarily liable for inducing copyright infringement by users of the network, a district court ruled


Web site addition of hyperlinks to a previously posted online article does not restart defamation statute of limitations
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The addition of hyperlinks to an allegedly defamatory online article does not restart the statute of limitations for defamation, a district court ruled


Advertiser protection under CDA Section 230 for user-generated online contest submissions held an issue for jury
  • Proskauer Rose LLP
  • USA
  • April 14 2010

Material issues of fact concerning an advertiser's role in the creation of user-generated videos submitted in an online contest preclude a grant of summary judgment on the issuer's defense under Section 230 of the Communications Decency Act, a district court ruled


Under Pennsylvania law, no tort action lies for internet posting of external photographs of residence
  • Proskauer Rose LLP
  • USA
  • April 14 2010

Taking external photographs of a private residence and making the photographs available on a publicly accessible Web site does not give rise to a tort action under Pennsylvania law, the U.S. Court of Appeals for the Third Circuit ruled


Failure to allege that defendants were authors of defamatory posts merits dismissal under CDA Section 230
  • Proskauer Rose LLP
  • USA
  • April 14 2010

An action for defamation based upon comments on a Web site allegedly operated by the defendants was properly dismissed pursuant to Section 230 of the Communications Decency Act, where the plaintiff failed to allege that the defendants were the authors of any of the defamatory statements