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Results: 1-10 of 38

Company that distributed P2P software secondarily liable for massive infringement by users
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A company that created and distributed a peer-to-peer file-sharing program that was used to distribute unauthorized copies of copyrighted music files on a "massive scale" is secondarily liable for acts of direct infringement on the part of the users of the program, 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


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


Unauthorized sharing of copyrighted music files on P2P file-sharing network not protected by fair use defense
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A party who made copies of music recordings and shared them with other parties on a peer-to-peer file-sharing network is not protected by the defense of fair use, a district court ruled


Depiction of student athlete in videogame deemed actionable under California right of publicity statute
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The inclusion of a character in a videogame that corresponded to a student athlete is actionable under the California right of publicity statute, a district court held


College student's innocent infringer defense for copying and distributing phonorecords on P2P network foreclosed by copyright notices
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A college student found liable for copyright infringement for making digital copies of copyrighted phonorecords and sharing them on a P2P file-sharing network is not entitled to the mitigation of statutory damages under Copyright Act 504(c)(2) for innocent infringement, the U.S. Court of Appeals for the Fifth Circuit ruled


Addition of introduction and forwarding of defamatory e-mail protected from liability under CDA Section 230
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The recipient of a defamatory e-mail who forwarded it to other parties with a brief introduction is protected from liability for defamation by Section 230 of the Communications Decency Act, a panel of the California Court of Appeal ruled


Allegations that employee of Web site operator promised to remove defamatory content preclude summary judgment on promissory estoppel claim
  • Proskauer Rose LLP
  • USA
  • April 14 2010

Allegations by the plaintiff in a defamation action that a Web site operator's employee said she would "take care" of having false and defamatory profiles removed from the site were sufficient to create an issue of fact precluding summary judgment on the plaintiff's promissory estoppel claim, the 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