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Results:1-7 of 7

No implied consent under SCA to discovery of e-mails arises from e-mail account holder's fugitive status
  • Proskauer Rose LLP
  • USA
  • May 5 2011

A parent who is alleged to have unlawfully taken her children to a foreign county did not thereby consent, within the meaning of the Stored Communications Act, to the disclosure of her e-mails pursuant to a civil discovery subpoena directed to her ISP, the district court ruled.


Music downloader's due process rights violated by copyright statutory damages award of $22,500 per song
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A jury award of $22,500 per song, resulting in a total award of $675,000 in statutory damages against an individual who downloaded copyrighted music files on a peer-to-peer network, violated the individual's due process rights, where he reaped no pecuniary reward from the infringement and the infringement caused the plaintiffs "minimal harm," 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.


Manufacturer of device containing DVD player has standing to assert violations of DMCA anti-circumvention provisions
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The manufacturer of a device containing a DVD player that implements DVD copy protection technology has standing to bring an action against a party who allegedly disabled the copy protection technology on such devices before selling them in online auctions, a district court ruled.


Massachusetts law prohibiting dissemination of matter harmful to minors inapplicable to text and instant messages
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The Massachusetts statute that criminalizes the dissemination of "any matter harmful to minors" is inapplicable to electronically transmitted text or online instant messaging conversations, the Massachusetts Supreme Judicial Court ruled.



Robert E. Freeman
  • Proskauer Rose LLP