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Results: 1-10 of 47

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


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


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


Logo, copyright notice and link on web site constitute "copyright management information" under dmca
  • Proskauer Rose LLP
  • USA
  • July 26 2010

The "copyright management" provision of the Digital Millennium Copyright Act, 17 U.S.C. 1202, prohibits the provision or dissemination of copyright management information that is false, as well as the removal or alteration of copyright management information


Transfer of packaged software was a license, not a sale, under copyright first sale doctrine
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A transaction involving the transfer of packaged software from a developer to a user was a license, not a sale, under the copyright first sale doctrine, the U.S. Court of Appeals for the Ninth Circuit ruled


Allegations that web site operator actively contributed to content survive CDA Section 230 motion
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A complaint alleging that a Web site operator "actively contributes to ... content" on a Web site that contains an allegedly defamatory statement by a third party should not be dismissed pursuant to Section 230 of the Communications Decency Act, a district court ruled


No DMCA or trademark liability for provider of online printing services for removal of material deemed infringing
  • Proskauer Rose LLP
  • USA
  • July 29 2010

An online printing services provider is not liable for removal of user content that it deems infringing or otherwise objectionable, a district court ruled


Company that distributed P2P software secondarily liable for massive infringement by users
  • Proskauer Rose LLP
  • USA
  • July 29 2010

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


Web site operator’s knowledge of “generalized practice” of copyright infringement insufficient to negate DMCA safe harbor
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A Web site operator's knowledge of a "generalized practice" of copyright infringement by users of its service is insufficient to deprive it of the protection of the "safe harbor" provided by Section 512(c) of the Digital Millennium Copyright Act, a district court ruled


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