Richard Raysman

Richard Raysman

Holland & Knight LLP

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"Deliberate Ignorance" Sufficient Mens Rea For Criminal Conviction Under DMCA

As a Circuit judge recently noted in dissent, the Digital Millennium Copyright Act (DMCA) strives to "achieve a balance between strengthening copyright law and preserving consumer rights, promoting technological innovation,...more

4/10/2014 - Copyright Infringement Criminal Prosecution DMCA First Amendment

Manipulating User Postings Removes Service Provider from CDA Immunity

As detailed on this blog before, the immunity from "publisher or speaker" liability for interactive computer service providers under the Communications Decency Act (CDA) is broad and generally encompasses a wide variety of...more

3/24/2014 - Communications Decency Act Electronic Communications Immunity User-Generated Content

Online Product Management Beyond DMCA Safe Harbor

The Digital Millennium Copyright Act (DMCA) was in large part designed to help content providers prevent copyright infringement on the Internet. Nonetheless, a countervailing concernt is firmly embedded into its text. In...more

3/24/2014 - Copyright Copyright Infringement DMCA Internet Safe Harbors

Willful Fair Credit Reporting Act Violation Confers Article III Standing

Whether they would admit it or not, most people have probably at some point searched for their own name in a search engine. Often the results illustrate how much personal information has been scraped and aggregated by...more

2/19/2014 - Article III FCRA Spokeo Standing Willful Violations

Domain Name Squatting to Gain Leverage Can Trigger "Bad Faith Intent" in an ACPA Claim

A required element to sustain a claim under the Anti-Cybersquatting Consumer Protection (ACPA) (15 U.S.C. § 1125(d)(1)(A)) is proof that the defendant acted with "bad faith intent to profit from that mark." As bad faith...more

2/3/2014 - Bad Faith Cybersquatting Domain Names gTLD Internet

Nurse Using Abusive Language Toward Hospital Administrator on Facebook Justifies Firing

As this blog has covered on a number of occasions, employee speech on Facebook, particularly if it is profane, vituperative or threatening, can lead to termination. A number of courts in recent months have grappled with the...more

1/20/2014 - Facebook Healthcare Professionals Hospitals Offensive Language Termination

Disputed Facebook Post Can Justify a Firing And Is Not Pretextual

As this blog illustrated recently, sentiments posted on Facebook, if sufficiently vulgar or offensive, can cause a person to lose his job. The Seventh Circuit recently issued a decision analyzing whether a profane and...more

12/3/2013 - Employer Liability Issues Facebook First Amendment Obscenity Offensive Language Termination

First Amendment Does Not Prevent State From Firing Employee For Derogatory Facebook Comments

Though the First Amendment affords greater free speech protections for government employees relative to those in the private sector, the speakers do not have carte blanche to insult or deride whomever they see fit. Rather,...more

11/18/2013 - Facebook First Amendment Free Speech Public Employees Social Media Termination

Hyperlinking within an Online Article could Immunize the Speaker against a Defamation Claim

For even the most novice internet user, hyperlinks are undoubtedly helpful to the browsing experience. Hyperlinks assist users in navigating through the vast amounts of undesirable content on the web by providing a reference...more

11/6/2013 - Defamation Immunity Internet

Facebook User Voluntarily Shared Image; Cannot Claim "Reasonable Expectation of Privacy" under Fourth Amendment

It's not far-fetched to say that this blog could run every day solely on posts analyzing the recent legal developments regarding Facebook. As the social networking behemoth has become a functionally ubiquitous presence in the...more

10/24/2013 - Facebook Privacy Policy Reasonable Expectation of Privacy Social Media

Angry Facebook Posts and Tweets by Passenger about an Airport Employee Considered Expression of Frustration and Therefore not...

Twitter, Facebook and other social networking sites have become the latest battleground between two often conflicting legal concepts: the right of a person to speak freely, even in a vitriolic way, versus the right of another...more

10/16/2013 - Defamation Emotional Distress Damages Facebook False Light Free Speech Invasion of Privacy Slander Social Media Twitter

Update on the Facebook Case Involving Alleged Misappropriation of User Likenesses

Last week the blog discussed a case called Fraley v. Facebook Inc., No. C-11-1726 (N.D. Cal. Aug. 26, 2013) which involved allegations that Facebook's "Sponsored Stories" program misappropriated the names and likenesses of...more

9/25/2013 - Endorsements Facebook Misappropriation Right of Publicity

Serving Process, User Harassment and Misappropriation of User Likenesses: A Review of Recent Cases Involving Facebook

Along with Google, no entity is more ubiquitous on the internet these days than Facebook. Expectedly, the social networking giant, which was recently valued at over 100 billion dollars, has found itself involved in a surfeit...more

9/18/2013 - Facebook Harassment Misappropriation Privacy Policy Service of Process Social Media

Website Operator Permitted to Revoke Access of Previously Authorized User Under the Computer Fraud and Abuse Act

The Computer Fraud and Abuse Act (CFAA) (18 U.S.C. § 1030) levies penalties on a person who "intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains... information from any...more

8/28/2013 - CFAA Cybersecurity Data Breach Data Protection Fraud Hackers

Choosing a Specific Domain Name and Adding Commentary to Defamatory Posts Causes Host to Lose §230 Immunity

Via Section 230, the Communications Decency Act (CDA) provides broad immunity for service providers, hosts and website operators for claims stemming from their publication of information created by third parties....more

8/16/2013 - Communications Decency Act Defamation Domain Names gTLD

Online Marketer That Allegedly Used Fake News Sites to Promote Products May Not Be Protected by CDA Immunity

Section 230 of the Communication Decency Act (CDA) promotes the free flow of information on the internet. The statute seeks to ensure that website operators and other interactive computer services are not hampered by lawsuits...more

6/28/2013 - Advertising Communications Decency Act Fraud FTC Internet Marketing Third-Party

App Developer Settles FCRA Charges Over Provision of Criminal Background Reports

Earlier this year, an enterprise that sold criminal record reports via mobile apps agreed to settle FTC charges that it operated as a consumer reporting agency without taking consumer protection measures required by the Fair...more

5/24/2013

The Interplay Between Digital Media and the First Sale Doctrine

The first sale doctrine allows owners of copies of copyrighted works (e.g. used books, CDs, DVDs) to resell their copies without restriction, and it is this distinction between sales and licenses that has made the licensing...more

4/3/2013 - Copyright Digital Downloads EU First Sale Doctrine Licenses Music Software

Court Finds Improper Joinder of Defendants in Same BitTorrent Swarm

Over the past several years, content providers, particularly in the adult film industry, have filed numerous suits against users who have copied their works via the BitTorrent file-sharing protocol. Put briefly, the use of...more

3/20/2013 - BitTorrent File Sharing Joinder Swarm Downloading

ABA Releases Opinion on Judges' Use of Social Media

A social network is a service that allows its members to share personal information and make personal contacts through a website, mobile phone or other similar wireless device. This openness and sharing has been embraced by...more

2/27/2013 - ABA Ethics Judges Legal Ethics Model Code of Judicial Conduct

FTC Releases Staff Report on Mobile Privacy

Beyond the obvious benefits of the latest generation of smartphones, mobile technology presents multiple privacy challenges. Mobile devices are almost always on, and nearby, and produce large amounts of data that might be...more

2/14/2013 - Advertising Networks App Developers App Platform Providers Data Collection FTC Mobile Apps Mobile Devices Notice Requirements Privacy Policy Trade Associations

Courts Attempt to Reign in Social Media Use by Jurors

Technology has indeed infiltrated the jury box. Jury service, which necessarily involves hours of quiet observation of the proceedings, evokes, for some, a hunger for expression or quick entertainment....more

2/5/2013 - Juror Misconduct Jury Instructions Social Media

FFIEC Issues Proposed Guidance on Social Media Risks and Compliance

The Federal Financial Institutions Examination Council (FFIEC) released a proposed guidance regarding the applicability of consumer protection, compliance and privacy laws to social media usage by banks, credit unions, and...more

1/28/2013 - Compliance FFIEC Risk Mitigation Social Media Social Media Policy

Confidentiality and Invention Assignment Agreements Enforceable Against Former Employee

Generally speaking, noncompete agreements are often rigidly construed by courts and reviewed in terms of whether they are reasonably limited with respect to time and place. On the other hand, confidentiality agreements and...more

1/14/2013 - Assignment of Inventions Confidentiality Agreements Manufacturers Non-Compete Agreements Technology Trade Secrets

Hyperlinks Do Not Republish Alleged Defamatory Material

In In re Phila. Newspapers LLC, 690 F.3d 161 (3d Cir. 2012), the Third Circuit held, among other things, that linking to previously published material is not "republication" under the single publication rule....more

12/5/2012 - Defamation Republication Single Publication Rule TheHuffingtonPost.Com

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