February 2024

  1. Uncategorized

    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 . . .

    3 min read Read
  2. CopyrightDMCA

    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. . . .

    3 min read Read
  3. Copyright

    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 . . .

    3 min read Read
  4. Computer Crime

    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 . . .

    1 min read Read
  5. Contracts

    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 . . .

    2 min read Read
  6. Fraud/Misrepresentation

    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 . . .

    4 min read Read