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Results: 1-10 of 38

Limited damages available under DMCA 512(f) for wrongful takedown notice
  • Proskauer Rose LLP
  • USA
  • April 14 2010

Although DMCA 512(f) allows an award of "any damages" for wrongful removal of alleged infringing material as a result of misrepresentations to a service provider, such damages "must be proximately caused by the misrepresentation to the service provider and the service provider's reliance on the misrepresentation," a district court ruled


Manufacturer of device containing DVD player has standing to assert violations of DMCA anti-circumvention provisions
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The manufacturer of a device containing a DVD player that implements DVD copy protection technology has standing to bring an action against a party who allegedly disabled the copy protection technology on such devices before selling them in online auctions, a district court ruled


No trademark infringement in search engine's sale of trademarks to generate search advertisements
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A search engine's sale of trademark terms to third parties to generate search advertisements does not constitute trademark infringement, a district court ruled


No fair use defense for online post of 21-page book excerpt
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The blog posting of images of 21 pages of a soon-to-be-published book is not protected by the fair use doctrine and thus may be temporarily enjoined, a district court ruled


Assent to newspaper’s online privacy policy did not constitute waiver of right to anonymous speech
  • Proskauer Rose LLP
  • USA
  • April 14 2010

An anonymous commenter's assent to a newspaper's online privacy policy did not constitute a waiver of the commenter's right to anonymous speech, a district court ruled


Depiction of student athlete in videogame deemed actionable under California right of publicity statute
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The inclusion of a character in a videogame that corresponded to a student athlete is actionable under the California right of publicity statute, a district court held


College student's innocent infringer defense for copying and distributing phonorecords on P2P network foreclosed by copyright notices
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A college student found liable for copyright infringement for making digital copies of copyrighted phonorecords and sharing them on a P2P file-sharing network is not entitled to the mitigation of statutory damages under Copyright Act 504(c)(2) for innocent infringement, the U.S. Court of Appeals for the Fifth Circuit 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


CDA Section 230 protects web site operator from liability for user's defamatory post, despite general statement on web site concerning accuracy of information
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A general statement on a Web site to the effect that posted information was truthful and accurate did not deprive the Web site operators of protection from liability for defamatory statements posted by third parties under Section 230 of the Communications Decency Act, a Texas appeals court ruled


No CDA Section 230 immunity for claim that service provider promised to "take care of" defamatory posts
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A plaintiff's allegation that an employee of an online service provider promised to "take care of" defamatory material is sufficient to state a cognizable promissory estoppel claim under California law that is not barred by Section 230 of the Communications Decency Act, a state trial court judge ruled