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Results: 1-10 of 59

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


Two circuit courts counter the Ninth Circuit on plain view exception to warrant requirement in computer searches
  • Proskauer Rose LLP
  • USA
  • April 14 2010

In United States v. Comprehensive Drug Testing, Inc. (9th Cir. Aug. 26, 2009), the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, limited the scope of searches for digital evidence by defining a set of procedures to be followed by law enforcement in requesting and executing such searches


Employee violation of employer computer use policy can support CFAA criminal charge
  • Proskauer Rose LLP
  • USA
  • May 5 2011

An employee's violation of an employer's computer use policy can support a criminal charge of exceeding authorized access under the Computer Fraud and Abuse Act, a district court ruled


Computer file extension functional, therefore not protectable as trademark
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A computer file extension is inherently functional, therefore a software company that utilizes a particular file extension to designate files that are accessed by its proprietary software may not protect the letters comprising the file extension as a trademark, a district court ruled


U.S. Supreme Court grants petition for certiorari in Quon v. Arch Wireless case involving employee communications claim under Stored Communications Act
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The U.S. Supreme Court granted the petition for certiorari filed by the employer in a case involving the privacy of employee communications under the Stored Communications Act provisions of the Electronic Communications Privacy Act


Rule of lenity limits criminal prosecution under Computer Fraud and Abuse Act for acts of employee disloyalty
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The rule of lenity limits prosecution of an allegedly disloyal former employee on the theory that his access to his employer's computer network was "without authorization" or "exceeded authorized access" within the meaning of the Computer Fraud and Abuse Act, a district court ruled


Labor union e-mail campaign did not violate CFAA
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A labor union that posted a pre-addressed form e-mail on its Web site, enabling union supporters to e-mail an employer with a pro-union message with "the click of a few buttons," and that allegedly encouraged supporters to inundate the employer's e-mail system with messages, did not violate the federal Computer Fraud and Abuse Act, a district court ruled


Cost of examining third-party computers to locate and delete misappropriated files not compensable under CFAA
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A plaintiff who claimed that his files were copied without authorization from a purloined "thumb drive" and onto various third-party computers failed to show a compensable loss under the Computer Fraud and Abuse Act because he failed to show that the thumb drive was somehow damaged or impaired by the defendant's act of accessing the drive, a district court ruled


Allegations of increased exposure to identity theft risk insufficient to maintain negligence, breach of contract claims
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A complaint alleging negligence, breach of contract and other claims stemming from a breach in the security of personal information in the hands of a retailer was legally insufficient because the plaintiff failed to show that the loss of his personal information harmed him in a legally cognizable way, the U.S. Court of Appeals for the Ninth Circuit ruled


Third-party civil discovery subpoena to web mail and social networking providers unenforceable under Stored Communications Act
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A third-party civil discovery subpoena issued to providers of Web mail services and social networking services is unenforceable under the Stored Communications Act, a district court ruled