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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


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


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


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


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


Advertiser settles deceptive advertising charges stemming from undisclosed payments for online reviews
  • Proskauer Rose LLP
  • USA
  • May 5 2011

An advertiser that paid affiliates to post favorable reviews of its product in online articles, blog posts and other online editorial material without disclosing the arrangement agreed to pay a $250,000 fine to settle deceptive advertising charges brought by the Federal Trade Commission


No CDA 230 protection for online booksellers for internet sale of book
  • Proskauer Rose LLP
  • USA
  • May 5 2011

While online booksellers are immune under Section 230 of the Communications Decency Act for defamation claims arising out of promotional material supplied by third parties and posted on the booksellers' sites, Section 230 does not extend to defamation claims arising out of the books themselves, a district court ruled


Notice of past infringements on online photo site does not obligate operator to proactively screen site
  • Proskauer Rose LLP
  • USA
  • May 5 2011

An online photo-sharing site does not have a duty to search its site for material that infringes an artist's works, even if it has received past notices of infringement of the same works from the artist, a district court ruled