February 2024

  1. Uncategorized

    When can you serve a lawsuit by email?

    February 13, 2024 - 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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  2. CopyrightDMCA

    DMCA subpoena to “mere conduit” ISP was improper

    February 12, 2024 - 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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  3. Copyright

    Not fair use after all – Fourth Circuit reverses lower court’s decision in online copyright infringement case

    February 7, 2024 - 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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  4. Computer Crime

    Apple’s civil hacking lawsuit against software maker moves forward

    February 6, 2024 - 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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  5. Contracts

    Online retailer’s browsewrap agreement was not enforceable

    February 5, 2024 - 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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  6. Fraud/Misrepresentation

    Online marketplace not liable for causing murder committed by criminal seller

    February 1, 2024 - 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 . . .

    4 min read Read