Think You Understand Online Trespass to Chattels Law? Think Again–In re Meta Healthcare Pixels
…I’m going to focus on the court’s ruling on trespass to chattels doctrines. It will rock your world (not necessarily in a good way). California Penal Code 502 (Comprehensive Data…
Catching Up On Some Recent Click Fraud Rulings
…to Plaintiff’s website, servers, and computers. However, Plaintiff fails to allege this information in its complaint.” The Cal. Penal Code 502 claim fails for the same reason. CFAA 1030(a)(5): the…
H2 2013 Quick Links, Part 4 (Social Media, Advertising, E-Commerce)
…of damages under CAN-SPAM and imposes personal liability against the CEO under CAN-SPAM, CFAA and CA Penal Code 502. Prior blog post. * In re Air Crash Near Clarence Center,…
Craigslist Wins Routine But Troubling Online Trespass to Chattels Ruling in 3Taps Case (Catch-up Post)
…things, violations of the Computer Fraud & Abuse Act (CFAA) and California’s computer crime law, CA Penal Code 502. In this ruling, the court denies 3Taps’ motion to dismiss. There…
Facebook Gets Decisive Win Against Pseudo-Competitor Power Ventures — Facebook v. Power Ventures
…Section 502 On the Section 502 issue, the court already ruled that access to a network in violation of the terms of use alone does not support a claim for…
Judge Recognizes Loss of Value to PII as Basis of Standing for Data Breach Plaintiff — Claridge v. RockYou
…into a sword to be used against companies that get hacked. We don’t have many Penal Code 502 rulings, but most of the extant rulings read the statute pretty broadly….
Anti-Bot Restrictions Aren’t Copyright Misuse–Oracle v. Rimini Street
…502, Nevada computer crimes, and trespass to chattels claims (the latter because Oracle “alleged facts indicating that Defendants’ conduct, including use of search crawlers, impaired the ability of Oracle America’s…
Anti-Scraping Lawsuit Largely Gutted–Cvent v. Eventbrite
…is a logical move; Venkat and I both have been tracking cases interpreting the analogous California Penal Code 502. The court, citing 4th Circuit jurisprudence, says the Copyright Act preempts…
Judge Denies Facebook’s Request for Judgment on the Pleadings and Strikes Power.com Counterclaims — Facebook v. Power.com
…self-help If Facebook can show these four elements, it has a good chance at winning the Penal Code 502 case; indeed, this ruling indicates that under Penal Code 502, the…
eBay Cracks Down on Cookie Stuffing–eBay v. Digital Point Solutions
…by presenting a bogus cookie. Hmm again… * CA Penal Code 502. There are very few cases interpreting 502, which isn’t necessarily a bad thing because the statute is so…