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Results: 1-10 of 38

Implied license, fair use, held meritorious defenses in online newspaper article copyright infringement action
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The implied license and fair use defenses raised by the operator of an online forum are meritorious defenses that warrant reopening a default judgment for copyright infringement, a district 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


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


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


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


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


Mobile carriers not secondarily liable for copyright infringement on multimedia messaging system
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Mobile carriers are not liable for inducing infringement of copyright on their multimedia messaging system because they did not design the system with the object of promoting infringement, nor did they take any specific, affirmative steps to actively encourage or induce infringement by users of the system, a district court ruled in a copyright infringement action brought by a producer of multimedia messaging content


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


Posting entire news article on nonprofit organization's blog constitutes fair use
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The re-posting of an entire news article on the blog of a nonprofit organization is fair use as a matter of law where the purpose was to educate the public, a district court ruled