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Article

Proskauer Rose LLP | USA | 11 Jan 2011

Developer of automated videogame-playing program violated DMCA but did not infringe copyright

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.

Article

Proskauer Rose LLP | USA | 29 Jul 2010

License language in contract may render search ad provider liable under ACPA for providing ads to parked domain names

A provider of search ads to registrants of parked domain names alleged to infringe trademarks may be liable under the Anti-cybersquatting Consumer Protection Act as an "authorized licensee" of the registrants, a district court ruled.

Article

Proskauer Rose LLP | USA | 29 Jul 2010

Company that distributed P2P software secondarily liable for massive infringement by users

A company that created and distributed a peer-to-peer file-sharing program that was used to distribute unauthorized copies of copyrighted music files on a "massive scale" is secondarily liable for acts of direct infringement on the part of the users of the program, a district court ruled.

Article

Proskauer Rose LLP | USA | 14 Apr 2010

Actual damages for copyright infringement of software code supported by monetary value of work by contributors to open source project

A claim for actual damages for infringement of open source software code is not precluded because the code was distributed without charge, a district court ruled.

Article

Proskauer Rose LLP | USA | 14 Apr 2010

College student's innocent infringer defense for copying and distributing phonorecords on P2P network foreclosed by copyright notices

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.

Article

Proskauer Rose LLP | USA | 14 Apr 2010

Domain name registrar not immune from trademark owner's infringement, ACPA claims

A domain name registrar that registered numerous infringing domain names, provided private registration services in conjunction with a related entity that concealed the identity of the registrants, and received fees when ads on sites connected to the infringing domain names were clicked, may be liable under the Lanham Act and the Anti-cybersquatting Consumer Protection Act, a district court ruled.

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