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Results: 11-20 of 114

CAN-SPAM Act may be applicable to Facebook messages
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The CAN-SPAM Act may apply to communications intended to drive users of the Facebook social network to "pages" that redirect the users to an advertiser's external Web site and also encourage them to send additional messages to other users, a district court ruled


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


CDA Section 230 protects online business review site from liability for refusing to remove negative reviews
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Section 230 of the Communications Decency Act protects the provider of an online business review site from liability for refusing to remove negative reviews, a district court ruled


Under New York long-arm statute, copyright owner's location is situs of copyright harm from online infringement
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Under N.Y.C.P.L.R. 302(a)(3)(ii), which provides for long-arm jurisdiction in cases involving out-of-state tortious acts that cause harm within the State, where unauthorized copies of copyrighted works are posted on Web sites outside New York, the situs of the resulting injury is the location of the copyright owner


FTC consumer privacy settlement over Google Buzz includes EU Safe Harbor violations
  • Proskauer Rose LLP
  • European Union, USA
  • May 5 2011

The Federal Trade Commission settled deceptive practices charges against Google relating to the rollout of the Google Buzz social network in 2010, including charges that Google violated the substantive requirements of the EU-U.S. Safe Harbor agreement


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


First Amendment bars North Carolina taxing authority’s demand for online bookseller records
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A state taxing authority's request for information on transactions by an online bookseller with state residents, in connection with a dispute over the bookseller's liability for state sales and use taxes, is barred by the First Amendment, a district court ruled


E-mails sent to transferred domain name and read by new domain owner not intercepted under ECPA
  • Proskauer Rose LLP
  • USA
  • January 11 2011

E-mails that were sent to e-mail accounts connected to a domain name that was transferred pursuant to a settlement agreement, and that were read by the new domain name owner, were not "intercepted" within the meaning of the Electronic Communications Privacy Act, a district court ruled


Online auction site protected from liability for alleged breach of auction rules by auctioneer
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The operator of an online auction site is protected by Section 230 of the Communications Decency Act from claims negligence and tort claims based on allegations that an auctioneer reopened bidding on an auction in violation of the site's rules, a district court ruled


New York attorneys may access public social networking profiles for litigation purposes
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Attorneys may access publicly available profile pages on social networking sites in order to obtain evidence and impeachment material for use in litigation, the New York State Bar Association Committee on Professional Ethics opined