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Results: 1-10 of 34

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


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


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


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


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


No trademark infringement in search engine's sale of trademarks to generate search advertisements
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A search engine's sale of trademark terms to third parties to generate search advertisements does not constitute trademark infringement, a district 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


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