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Get that thing out of my Face(book)! Canadian woman brings class action against Facebook in Ontario for private message scanning
  • Proskauer Rose LLP
  • Canada
  • May 5 2014

How private is private? This is the question at the heart of a putative class action recently brought against Facebook in Toronto. Plaintiff Lavinia


Fed. R. Civ. p. 65 precludes post-judgment injunction requiring web site to remove user's defamatory post
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The requirements of Fed. R. Civ. P. 65 preclude the enforcement of an injunction requiring the removal of posts found to be defamatory against a Web site operator that was not a party to the defamation litigation in which the judgment including the injunction was issued, a district 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


Under Pennsylvania law, no tort action lies for internet posting of external photographs of residence
  • Proskauer Rose LLP
  • USA
  • April 14 2010

Taking external photographs of a private residence and making the photographs available on a publicly accessible Web site does not give rise to a tort action under Pennsylvania law, the U.S. Court of Appeals for the Third Circuit ruled


Failure to allege that defendants were authors of defamatory posts merits dismissal under CDA Section 230
  • Proskauer Rose LLP
  • USA
  • April 14 2010

An action for defamation based upon comments on a Web site allegedly operated by the defendants was properly dismissed pursuant to Section 230 of the Communications Decency Act, where the plaintiff failed to allege that the defendants were the authors of any of the defamatory statements