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Results: 1-10 of 24

Disclosure of third-party monitoring in ISP subscriber agreement, privacy policy, deemed consent to interception under ECPA
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Disclosures in an Internet service provider's subscriber agreement and privacy policy concerning third-party monitoring of subscriber Internet activity constituted sufficient notice of and assent to the deployment and use of "deep packet inspection" technology, a district court held


Trademark owner's reports of infringing goods to online auction anti-infringement program protected by “interested party” privilege from defamation claim
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A trademark owner's reports of infringing goods to an online auction's anti-infringement program were privileged under California law, 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


In assessing employee status in copyright ownership disputes, technology start-ups are a special case, says the Ninth Circuit
  • Proskauer Rose LLP
  • USA
  • April 8 2010

A technology start-up company can be an informal environment - both Apple Computer and Hewlett-Packard famously started out in garages, and Yahoo!, Google and Facebook were developed, initially at least, in college dorm rooms


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


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


Floor plans in online database not protectable under copyright law
  • Proskauer Rose LLP
  • USA
  • April 14 2010

Copying of floor plans that were collected from third parties and compiled into an online database is not actionable under copyright law, 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


No bad faith in filing takedown notice where resolution of intellectual property rights underlying DMCA claim involved complex and novel legal issues
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A party who filed a takedown notice under the Digital Millennium Copyright Act seeking removal of a Web site in which he claimed copyright ownership did not act in bad faith where the resolution of the intellectual property rights underlying his claim involved complex and novel issues, a district court ruled