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Results: 1-10 of 218

Sixth Circuit reinforces CDA immunity reverses lower court in Jones v. Dirty World
  • Proskauer Rose LLP
  • USA
  • June 16 2014

On June 16th, 2014, the Sixth Circuit reversed the lower court's holding that the gossip site, TheDirty.com, was responsible for its users'


Browsewrap agreement held unenforceable against consumer due to insufficient notice
  • Proskauer Rose LLP
  • USA
  • September 8 2014

Many commercial websites rely on "browsewrap" agreements to bind visitors to commercial terms. A recent decision by the Ninth Circuit suggests that a


Mobile alphabet soupwhat exactly is an ATDS under the TCPA?
  • Proskauer Rose LLP
  • USA
  • June 9 2014

There has been an uptick in litigation under the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227 likely due to the increased use


Music publishers bring contributory copyright claims against ISP for infringing activities of subscribers
  • Proskauer Rose LLP
  • USA
  • December 2 2014

In a novel lawsuit that tests the bounds of service provider liability, two music publishers brought suit against an ISP for contributory copyright


QVC sues shopping app for web scraping that allegedly triggered site outage
  • Proskauer Rose LLP
  • USA
  • December 5 2014

Operators of public-facing websites are typically concerned about the unauthorized, technology-based extraction of large volumes of information from


Website Design Implicated in Two Rulings on Enforceability of Online Terms - Highlights the Importance of Legal Review of Design Decisions
  • Proskauer Rose LLP
  • USA
  • November 21 2016

This past summer, we wrote about two instances in which courts refused to enforce website terms presented in browsewrap agreements. As we noted


Emerging technology and existing law: can geofencing provide radio webcasters a workaround of digital performance royalties?
  • Proskauer Rose LLP
  • USA
  • October 3 2014

New technology continues to generate business models that test the limits of intellectual property laws enacted before such technologies were ever


In clickwrap data pass contract dispute. Second Circuit sacks e-mail notice of post-transaction terms
  • Proskauer Rose LLP
  • USA
  • September 25 2012

In an important opinion on the enforceability of online contract terms, Senior Circuit Judge Robert D. Sacks walks through the last decade and a half of online contracting law on the way to invalidating an arbitration provision in an agreement involving a so-called Web loyalty program


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


Stored Communications Act bars civil discovery subpoena to e-mail service provider, absent consent of account holder
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The federal Stored Communications Act bars the enforcement of a subpoena directed to an e-mail service provider to obtain the contents of an account-holder's e-mails, absent the consent of the account holder, a district court ruled