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Results: 1-10 of 38

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


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


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


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


Manufacturer of device containing DVD player has standing to assert violations of DMCA anti-circumvention provisions
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The manufacturer of a device containing a DVD player that implements DVD copy protection technology has standing to bring an action against a party who allegedly disabled the copy protection technology on such devices before selling them in online auctions, a district court ruled


New federal law limits enforcement of foreign libel judgments, extends CDA Section 230
  • Proskauer Rose LLP
  • USA
  • September 30 2010

On August 10, the President signed H.R. 2765, the “Securing the Protection of our Enduring and Established Constitutional Heritage Act” (“SPEECH Act”), which limits the recognition and enforcement of certain foreign judgments in defamation cases


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


Marketing firm authorship supports finding that primary purpose of faxed attorney newsletter was advertising, not educational
  • Proskauer Rose LLP
  • USA
  • September 30 2010

Under the FCC's Telephone Consumer Protection Act rules, the primary purpose of a faxed attorney newsletter drafted and sent by a marketing firm was advertising rather than informational, 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