Last month, a New York district court refused to dismiss most of the copyright infringement claims asserted against a website operator based on an allegation that the website linked to an infringing copy of plaintiff’s...more
10/7/2016
/ Computer-Related Inventions ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
E-Commerce ,
Intellectual Property Protection ,
Internet ,
Online Platforms ,
Software Patents ,
Technology ,
Technology Sector ,
Vendors ,
Websites
Title V of the Telecommunications Act of 1996, also known as the “Communications Decency Act of 1996” or “CDA” was signed into law in Feburary 1996. The goal of the CDA was to control the exposure of minors to indecent...more
9/9/2016
/ Communications Decency Act ,
Corporate Counsel ,
Minors ,
Online Platforms ,
Online Safety for Children ,
Putative Class Actions ,
Snapchat ,
Social Media ,
Social Networks ,
Telecommunications ,
Telecommunications Act ,
Terms of Service ,
Websites
In Nghiem v Dick’s Sporting Goods, Inc., No. 16-00097 (C.D. Cal. July 5, 2016), the Central District of California held browsewrap terms to be unenforceable because the hyperlink to the terms was “sandwiched” between two...more
7/29/2016
/ Arbitration Agreements ,
Browsewrap Agreement ,
Class Action ,
Clickwrap Agreements ,
Consumer Contracts ,
Corporate Counsel ,
Motion to Compel ,
TCPA ,
Terms of Use ,
Unenforceable Contract Terms ,
Website Design ,
Websites ,
Young Lawyers
In a notable ruling last month, a California district court ruled that the HTML underlying a custom search results page of an online advertising creation platform is copyrightable.
In Media.net Advertising FZ-LLC v....more
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
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
On June 16th, 2014, the Sixth Circuit reversed the lower court’s holding that the gossip site, TheDirty.com, was responsible for its users’ defamatory posts and could not rely on immunity under CDA Section 230. The appeals...more