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Results: 1-10 of 38

CDA 230 protects blog owner from liability for third-party comment
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The court ruled the owner of a blog is not liable for an alleged defamatory comment even if the owner viewed and approved the comment prior to publication on the blog


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


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


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


Google Books settlement would usurp congressional role in revising copyright law
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Judge Chin found that the settlement was not "fair, adequate and reasonable," as required by the federal rules, and suggested that it might be able to be approved if it was changed to an opt-in, rather than an opt-out, settlement


Cable operator ordered to disclose subscriber information for 1,200 accounts
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Providing information on over 1,200 subscribers who are alleged to have downloaded and distributed unauthorized copies of a motion picture on a P2P file-sharing network is not an undue burden on an ISP, a district court ruled, also rejecting arguments that the order infringed the subscribers' right to anonymous communication


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