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Results: 1-10 of 29

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


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


No First Amendment violation in statute restoring copyright rights of foreign authors
  • Proskauer Rose LLP
  • USA
  • July 29 2010

An amendment to the Copyright Act that grants copyright protection to various foreign works that were previously in the public domain in the United States is not violative of the First Amendment, the U.S. Court of Appeals for the Tenth Circuit 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


Ninth Circuit rules on license conditions versus contract covenants in dispute over World of Warcraft bots - MDY v. Blizzard, part I
  • Proskauer Rose LLP
  • USA
  • January 3 2011

Playing World of Warcraft, the world's most popular massively multiplayer online role-playing game (MMORPG), can be, well, a drag


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


Download of copyrighted digital music file not a public performance under Copyright Act
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Downloading a copyrighted digital music file does not constitute a public performance under the Copyright Act, the U.S. Court of Appeals for the Second Circuit ruled


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