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Results: 1-10 of 28

Browsewrap attorney fee provision between business parties violates Ohio public policy
  • Proskauer Rose LLP
  • USA
  • September 30 2010

An attorney fee provision in a browsewrap license agreement between commercial parties is unenforceable under Ohio law, even though a jury found that the agreement had been breached, because the attorney fee provision was not the product of "free and understanding negotiation," a district court ruled


No CFAA violation where software licensor with administrative password gave server access to licensor's competitor
  • Proskauer Rose LLP
  • USA
  • September 30 2010

Neither a software licensee, nor a competitor of the software licensor, violated the Computer Fraud and Abuse Act when the competitor accessed a server containing the licensor's proprietary files via a password supplied by the licensee who had been issued an administrative password by the licensor, a district court ruled


No DMCA or trademark liability for provider of online printing services for removal of material deemed infringing
  • Proskauer Rose LLP
  • USA
  • July 29 2010

An online printing services provider is not liable for removal of user content that it deems infringing or otherwise objectionable, a district court ruled


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


Web site operator’s knowledge of “generalized practice” of copyright infringement insufficient to negate DMCA safe harbor
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A Web site operator's knowledge of a "generalized practice" of copyright infringement by users of its service is insufficient to deprive it of the protection of the "safe harbor" provided by Section 512(c) of the Digital Millennium Copyright Act, a district court ruled


Second Circuit refers question on situs of copyright injury under New York long-arm statute to New York Court of Appeals
  • Proskauer Rose LLP
  • USA
  • July 29 2010

The U.S. Court of Appeals for the Second Circuit has certfied a question concerning the applicability of the New York long-arm statute to online copyright infringement to the New York State Court of Appeals


Access to licensed software by attorneys acting for benefit of licensee breached license agreement
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Use of licensed software by attorneys acting for the benefit of a licensee of the software breached the terms of the license agreement, the U.S. Court of Appeals for the Fifth Circuit ruled


Software licensor's contract prohibition against automated download of support materials does not constitute copyright misuse
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A prohibition in a software license agreement against the use of automated tools to download support materials related to the software is not a misuse of copyright, a district court found


Developer of automated videogame-playing program violated DMCA but did not infringe copyright
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The developer of an automated videogame-playing software program violated the anticircumvention provisions of the Digital Millennium Copyright Act, but is not liable for copyright infringement, the U.S. Court of Appeals for the Ninth Circuit ruled


Excerpting and linking to online news article protected by fair use doctrine
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A blogger's posting of an eight-line excerpt from a 30-line online newspaper article, coupled with a link to the full article on the newspaper Web site, is protected by the copyright fair use doctrine, a district court ruled