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Results: 1-10 of 47

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


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


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


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


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


European Court of Justice rules on copyright status of computer programming languages and functionality
  • Proskauer Rose LLP
  • European Union, USA
  • May 7 2012

In a jury room in San Francisco, jurors in Oracle, Inc. v. Google, Inc. have been toiling over complicated issues related to the copyrightability of the Java computer programming language, and they may well return a verdict before the ink is dry on this post


Browsewrap attorney fee provision between business parties violates Ohio public policy
  • Proskauer Rose LLP
  • USA
  • September 30 2010

An attorney fee provision in a browsewrap license agreement between commercial parties is unenforceable under Ohio law, even though a jury found that the agreement had been breached, because the attorney fee provision was not the product of "free and understanding negotiation," a district court ruled


No CFAA violation where software licensor with administrative password gave server access to licensor's competitor
  • Proskauer Rose LLP
  • USA
  • September 30 2010

Neither a software licensee, nor a competitor of the software licensor, violated the Computer Fraud and Abuse Act when the competitor accessed a server containing the licensor's proprietary files via a password supplied by the licensee who had been issued an administrative password by the licensor, a 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


Oracle v. Google judge writes the book on software programming copyright for now, anyway
  • Proskauer Rose LLP
  • USA
  • June 6 2012

The trial in the dispute between Oracle and Google over the use of Java technology in the Android operating system is over, and the greatly anticipated ruling on copyright in the Java Application Programming Interface (API) has issued