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Results: 1-10 of 112

Federal CAN-SPAM Act preempts claim under Illinois anti-spam law that e-mail utilizing tracking technology was misleading
  • Proskauer Rose LLP
  • USA
  • May 5 2011

A claim under the Illinois anti-spam law that the heading on a promotional e-mail was misleading because it failed to warn the recipient that the e-mail sender utilized tracking technology is preempted by the federal CAN-SPAM Act, a district court ruled


Download of copyrighted digital music file not a public performance under Copyright Act
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Downloading a copyrighted digital music file does not constitute a public performance under the Copyright Act, the U.S. Court of Appeals for the Second Circuit ruled


Clickwrap user agreement bars claims against web site operator over fraudulent ticket sales
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A clickwrap user agreement applicable to an online ticket exchange that contained broad disclaimers of liability, including disclaimers of express and implied warranties, bars claims by users of the site based upon their purchase of fraudulent ticket purchase options, a district court ruled


Early termination fee in contract for internet access not an invalid liquidated damages clause under California law
  • Proskauer Rose LLP
  • USA
  • January 11 2011

An early termination fee contained in a contract for Internet access services for a defined period is not an invalid liquidated damages clause under Cal. Civ. Code Section 1671, the U.S. Court of Appeals for the Ninth Circuit ruled


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


CDA Section 230 no bar to city enforcement of ticket tax remittance requirement on online vendor
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Section 230 of the Communications Decency Act is not a bar to a municipality's requirement that an online ticket auction site collect and remit applicable local amusement taxes from ticket sales on its site, the U.S. Court of Appeals for the Seventh Circuit ruled


First Amendment bars North Carolina taxing authority’s demand for online bookseller records
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A state taxing authority's request for information on transactions by an online bookseller with state residents, in connection with a dispute over the bookseller's liability for state sales and use taxes, is barred by the First Amendment, a district court ruled


E-mails sent to transferred domain name and read by new domain owner not intercepted under ECPA
  • Proskauer Rose LLP
  • USA
  • January 11 2011

E-mails that were sent to e-mail accounts connected to a domain name that was transferred pursuant to a settlement agreement, and that were read by the new domain name owner, were not "intercepted" within the meaning of the Electronic Communications Privacy Act, a district court ruled


Online auction site protected from liability for alleged breach of auction rules by auctioneer
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The operator of an online auction site is protected by Section 230 of the Communications Decency Act from claims negligence and tort claims based on allegations that an auctioneer reopened bidding on an auction in violation of the site's rules, a district court ruled


New York attorneys may access public social networking profiles for litigation purposes
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Attorneys may access publicly available profile pages on social networking sites in order to obtain evidence and impeachment material for use in litigation, the New York State Bar Association Committee on Professional Ethics opined