We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 34

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


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


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


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


Public relations firm settles FTC action over paid online game reviews
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A public relations firm settled a Federal Trade Commission enforcement action in which the agency alleged that the firm engaged in deceptive advertising when its employees posed as ordinary consumers posting game reviews at the online iTunes store, and it did not disclose that the reviews came from paid employees working on behalf of the developers


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


Download of copyrighted digital music file not a public performance under Copyright Act
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Downloading a copyrighted digital music file does not constitute a public performance under the Copyright Act, the U.S. Court of Appeals for the Second Circuit ruled


Massachusetts statute prohibiting distribution of electronic material deemed harmful to minors likely violates First Amendment
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A Massachusetts statute prohibiting the distribution by electronic means of material deemed "harmful to minors" likely violates the First Amendment and therefore its enforcement should be preliminarily enjoined, a district court ruled


Google Books settlement would usurp congressional role in revising copyright law
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Judge Chin found that the settlement was not "fair, adequate and reasonable," as required by the federal rules, and suggested that it might be able to be approved if it was changed to an opt-in, rather than an opt-out, settlement


CDA 230 protects blog owner from liability for third-party comment
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The court ruled the owner of a blog is not liable for an alleged defamatory comment even if the owner viewed and approved the comment prior to publication on the blog