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Results: 1-10 of 47

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


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


Assignment of copyright through terms of use: does e-sign make it ok? A tool for B2B sites dealing with unauthorized access to their content?
  • Proskauer Rose LLP
  • USA
  • December 20 2012

It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their “Terms of Use” to obtain rights to use the content


Virginia court dismisses webcaster’s suit concerning geofencing workaround to copyright royalty obligations
  • Proskauer Rose LLP
  • USA
  • February 24 2015

We previously wrote about a Virginia federal magistrate judge's report recommending dismissal of a declaratory judgment action brought by several


Supreme Court rejects Google’s appeal in Java API dispute
  • Proskauer Rose LLP
  • USA
  • June 30 2015

On Monday, the Supreme Court denied certiorari in Google's appeal of the Federal Circuit's 2014 ruling that that the declaring code and the structure


Who exactly is a ‘user’ under the DMCA safe harbor?
  • Proskauer Rose LLP
  • USA
  • May 11 2015

The DMCA was enacted in 1998 to preserve "strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright


Videogame app developer breaks the rules on copyright infringement
  • Proskauer Rose LLP
  • USA
  • June 19 2012

Desiree Golden, a recent college graduate, wanted to aim at the big money that can be made in app development


Mobile carriers not secondarily liable for copyright infringement on multimedia messaging system
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Mobile carriers are not liable for inducing infringement of copyright on their multimedia messaging system because they did not design the system with the object of promoting infringement, nor did they take any specific, affirmative steps to actively encourage or induce infringement by users of the system, a district court ruled in a copyright infringement action brought by a producer of multimedia messaging content


Novell prevails in long-running dispute over ownership of UNIX copyrights - and open source software moves on
  • Proskauer Rose LLP
  • USA
  • August 31 2011

The dispute between The SCO Group and Novell, Inc. over the ownership of copyrights in the code to certain versions of the UNIX operating system, which started eight years ago, appears to have been handed its retirement papers by the Tenth Circuit


Under New York long-arm statute, copyright owner's location is situs of copyright harm from online infringement
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Under N.Y.C.P.L.R. 302(a)(3)(ii), which provides for long-arm jurisdiction in cases involving out-of-state tortious acts that cause harm within the State, where unauthorized copies of copyrighted works are posted on Web sites outside New York, the situs of the resulting injury is the location of the copyright owner