Jeff Neuburger

Jeff Neuburger

Proskauer Rose LLP

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Section 230 of the Communications Decency Act: More Lessons to Be Learned

Courts continue to struggle with the application of CDA immunity to shield service provider defendants from liability in extreme cases. In this case, the Washington Supreme Court, in a 6-3 decision, affirmed the lower court’s...more

10/1/2015 - Affirmative Defense Communications Decency Act Immunity Internet Service Providers Online Advertisements Sexual Assault Third-Party Service Provider User-Generated Content Websites

Clickwrap Agreement Available Only Through Hyperlink Enforceable Under New York Law

Last week, the Southern District of New York followed a long line of precedent under New York law and upheld the enforceability of a website clickwrap agreement, granting a website operator’s motion to compel arbitration...more

7/24/2015 - Actual or Constructive Knowledge Arbitration Borrowers Clickwrap Agreements Contract Terms Loans Motion to Compel Online Contracts Terms and Conditions

Supreme Court Rejects Google’s Appeal in Java API Dispute

On June 29th, the Supreme Court denied certiorari in Google’s appeal of the Federal Circuit’s 2014 ruling that that the declaring code and the structure, sequence, and organization of 37 Java API packages are entitled to...more

7/1/2015 - APIs Copyright Google Oracle Oracle v Google Popular SCOTUS The Copyright Act

Meeting of the Minds at the Inbox: Some Pitfalls of Contracting via Email

We have had a number of clients run into issues relating to whether or not an email exchange constituted a binding contract. This issue comes up regularly when informality creeps into negotiations conducted electronically,...more

6/10/2015 - Commercial Contracts Contract Formation Contract Negotiations Corporate Counsel Disclaimers E-Signatures Electronic Agreements Email Enforceability Intent Proof of Intent UETA Young Lawyers

New York Releases Final BitLicense Rules

Readers of this blog will know that we have been following the recent legal developments relating to bitcoin and other virtually currency systems. Yesterday, in a significant development reflecting the general maturation of...more

6/6/2015 - BitLicense Corporate Counsel Department of Financial Services Popular Virtual Currency

Upcoming Summer Blockbuster: Impending Shortage of IPv4 IP Addresses

There is an interesting article in today’s Wall Street Journal about the impending shortage of IPv4 IP addresses (forcing tech companies and cloud providers to scramble to secure the remaining stock for U.S. users) and the...more

5/14/2015 - Cloud-Based Services Technology Sector

Who Exactly Is a ‘User’ under the DMCA Safe Harbor?

The DMCA was enacted in 1998 to preserve “strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright infringements that take place in a digital networked environment.” As part...more

5/12/2015 - Copyright Copyright Infringement Corporate Counsel Digital Media DMCA End-Users Media Publishers Young Lawyers

Emergence of Live Streaming Apps Brings Up Copyright, Privacy, Legal Concerns

The big fight may be over, but the implications of Mayweather vs. Pacquiao with respect to real-time, one-to-many streaming of video through apps like Meerkat and Periscope are still rippling through the media industry. In...more

5/5/2015 - Copyright DMCA Internet Streaming Live Streaming Mobile Apps Popular Privacy Concerns Smartphones Social Media Social Networks Sports Takedown Notices

U.S. Dept. of Commerce Releases Multistakeholder Guidance on DMCA Notice and Takedown Best Practices

On Tuesday, the U.S. Dept. of Commerce’s Internet Policy Task Force released a guidance containing a list of best practices (and notable “bad” practices), all designed to improve the DMCA’s notice and takedown system for both...more

4/10/2015 - DMCA New Guidance Takedown Notices Task Force U.S. Commerce Department

FCC Adopts Net Neutrality Rules, Reclassifies Broadband Access under Title II

After nearly 4 million public comments, and months of vigorous public, industry, and Congressional debate, the FCC, by a 3-2 vote, approved revised net neutrality rules to “protect the Open Internet.” As expected by the...more

3/2/2015 - FCC Internet Net Neutrality Telecommunications Act of 1996

Virginia Court Dismisses Webcaster’s Suit Concerning Geofencing Workaround to Copyright Royalty Obligations

We previously wrote about a Virginia federal magistrate judge’s report recommending dismissal of a declaratory judgment action brought by several radio stations asking the court to rule that webcasts limited in scope via...more

2/25/2015 - Copyright Declaratory Judgments Radio Stations The Copyright Act

QVC Sues Shopping App for Web Scraping That Allegedly Triggered Site Outage

Operators of public-facing websites are typically concerned about the unauthorized, technology-based extraction of large volumes of information from their sites, often by competitors or others in related businesses. The...more

12/8/2014 - Breach of Contract CFAA Mobile Apps QVC Terms of Use Web Scraping

Music Publishers Bring Contributory Copyright Claims Against ISP for Infringing Activities of Subscribers

In a novel lawsuit that tests the bounds of service provider liability, two music publishers brought suit against an ISP for contributory copyright infringement for allegedly facilitating infringement by failing to terminate...more

12/3/2014 - Copyright Copyright Infringement Corporate Counsel Entertainment Industry Illegal Digital Downloads ISPs Music Industry Publishers Subscribers

California Supreme Court Denies Review of Ruling Allowing Restaurant Owner’s False Advertising Claims to Proceed Against Yelp

On November 12, 2014, the California Supreme Court denied review of the California Court of Appeals decision in Demetriades v. Yelp, Inc., 2014 WL 3661491 (Cal. App. July 24, 2014), which allowed a restaurant owner to proceed...more

11/20/2014 - Advertising Appeals False Advertising Online Reviews Restaurant Industry Yelp

FinCEN Releases Two Rulings Classifying a Bitcoin Payment System and Virtual Currency Trading Platform as MSBs

In its opening salvo bringing bitcoin under the watchful eye of the federal government, the Financial Crimes Enforcement Network (FinCEN) issued a Guidance (FIN-2013-G001) in March 2013 clarifying that anti-money laundering...more

10/29/2014 - Anti-Money Laundering Bank Secrecy Act Bitcoins FinCEN Money Services Business Recordkeeping Requirements Reporting Requirements Virtual Currency

Landmark Oracle-Google Android Copyright Dispute May End Up In Supreme Court

While many smartphone users were gazing upon their new iPhone 6 Plus’s 5.5-inch screen with wonder, there was another notable development in the mobile/tech world – the ongoing software copyright dispute between Oracle and...more

10/13/2014 - Popular

Emerging Technology and Existing Law: Can Geofencing Provide Radio Webcasters a Workaround of Digital Performance Royalties?

New technology continues to generate business models that test the limits of intellectual property laws enacted before such technologies were ever contemplated. The latest example is the use of “geofencing” in an attempt to...more

10/6/2014 - Copyright Digital Media Internet Streaming Licenses Popular Radio Stations Royalties Technology The Copyright Act Webcasts

Website Marketing Statements: The Achilles’ Heel to CDA Protection?

It’s no secret that local directory/consumer review websites are popular among consumers looking for recommendations before dining out, hiring a contractor, or even picking a dentist or day spa. Yelp reported around 138...more

9/12/2014 - Corporate Counsel Defamation Online Reviews Yelp

Browsewrap Agreement Held Unenforceable Against Consumer Due to Insufficient Notice

Many commercial websites rely on “browsewrap” agreements to bind visitors to commercial terms. A recent decision by the Ninth Circuit suggests that a review of how those terms are presented may be in order to ensure...more

9/9/2014 - Browsewrap Agreement Clickwrap Agreements Internet Notice Requirements Void and Unenforceable Websites

New York Proposes First State Bitcoin Regulations

One might have thought the biggest news in the digital currency world lately was Dell announcing that it was now accepting bitcoin. However, after a series of highly-publicized hearings in January, New York State rolled out...more

7/25/2014 - Bitcoins Dell Digital Assets Licensing Rules Proposed Regulation Rulemaking Process Virtual Currency

Proposed “Bitlicense” Regulations Published to the New York Register

Today’s New York State Register includes a Notice of Proposed Rule Making from the New York State Department of Financial Services (the “NYSDFS”) regarding the regulation of virtual currency (“Regulation of the Conduct of...more

7/23/2014 - Licenses Licensing Rules Rulemaking Process Virtual Currency

Sixth Circuit Reinforces CDA Immunity – Reverses Lower Court in Jones v. Dirty World

On June 16th, 2014, the Sixth Circuit reversed the lower court’s holding that the gossip site,, was responsible for its users’ defamatory posts and could not rely on immunity under CDA Section 230. The appeals...more

6/17/2014 - Communications Decency Act Defamation Free Speech TheDirty.Com Websites

Mobile Alphabet Soup…What Exactly Is an ATDS under the TCPA?

There has been an uptick in litigation under the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 – likely due to the increased use of mobile marketing (not to mention the availability of statutory damages...more

6/10/2014 - ATDS FCC Marketing Mobile Devices Robocalling Smartphones TCPA Texting

FINRA Alerts Investors to Bitcoin Risks

Bitcoin remains fixed on the front pages of the business and technology news for both the salacious and the positive. Much attention has been paid to the collapse of the former top bitcoin exchange, Mt. Gox, stemming from the...more

3/17/2014 - Bitcoins FINRA Virtual Currency

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