February 2024
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When can you serve a lawsuit by email?
One of the biggest challenges brand owners face in enforcing their intellectual property rights online is in tracking down the infringer - often located in . . .
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DMCA subpoena to “mere conduit” ISP was improper
Because ISP acted as a conduit for the transmission of material that allegedly infringed copyright, it fell under the DMCA safe harbor in 17 U.S.C. . . .
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Not fair use after all – Fourth Circuit reverses lower court’s decision in online copyright infringement case
Plaintiff photographer sued defendant news website for copyright infringement over a photo of Ted Nugent that defendant used in an online article. The lower court . . .
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Apple’s civil hacking lawsuit against software maker moves forward
Apple sued defendant NSO, accusing it of, among other things, the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (the “CFAA”), The case dealt . . .
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Online retailer’s browsewrap agreement was not enforceable
Plaintiff sued defendant Urban Outfitters under California law over the way that the retailer routed messages sent using the company’s website. Defendant moved to compel . . .
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Online marketplace not liable for causing murder committed by criminal seller
The Tenth Circuit Court of Appeals in Colorado upheld the dismissal of a tort case brought against the operator of the website Letgo. The court . . .