Do We Even Need the Computer Fraud & Abuse Act (CFAA)?–Van Buren v. US
…many other applications of the CFAA. Employee misappropriation is covered by trade secrets. Scraping is covered by contracts, copyright, and more. Hacking is covered by many other legal doctrines, including…
Facebook Can Block Scraper (For Now)–Facebook v. BrandTotal
…I’ve mentioned in the hiQ post, scraping cases pose a complex mélange of policy considerations, so it’s not surprising that courts are struggling with them. However, the hiQ opinion is…
hiQ Labs v. LinkedIn Corp., the Web Scraping Saga Continues (Guest Blog Post)
by guest blogger Kieran McCarthy hiQ Labs v. LinkedIn Corp. is arguably the most important case in the history of web-scraping jurisprudence. In 2019, the Ninth Circuit concluded that “when…
Facial Recognition Database Vendor May Not Qualify for Section 230–Vermont v. Clearview
…Claims. Rather than talk about publisher/speaker claims, the court seems to repeat that the state’s claims target first-party actions, not third-party content, such: “as screen-scraping photographs without the owners’ consent…
A Closer Look at a Troubling Anti-Scraping Ruling from Spring–Compulife Software v. Newman (Guest Blog Post)
…of web scraping without further clarification leaves scrapers open to sweeping allegations of trade secret misappropriation. And since the determination of how much scraping is too much scraping is a…
Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts
…Fight Against Competitor in Scraping Case — CollegeSource v. AcademyOne Anti-Scraping Lawsuit Largely Gutted–Cvent v. Eventbrite Interesting Database Scraping Case Survives Summary Judgment–Snap-On Business Solutions v. O’Neil Facebook Gets Decisive…
2H 2018 Quick Links, Part 4 (Trespass, Contracts)
…to the CFAA in attempt to police against unwanted web scraping. Yet despite the rise in both web scraping and lawsuits about web scraping, practical advice about the legality of…
Gambling App Fails to Create Binding Terms of Service–Wilson v. Huuuge
…Airbnb’s Terms of Service–Selden v. Airbnb Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post) “Modified Clickwrap” Upheld In Court–Moule v. UPS Scraping Lawsuit Survives Dismissal…
Redfin Must Defend Copyright Suit Over Property Photos–Stross v. Redfin
…No. 17-50046 (5th Cir. Apr. 9., 2018) Related posts: Redfin Defeats Copyright Claims Due to MLS License Agreement Anti-Scraping Lawsuits Are Going Crazy in the Real Estate Industry (Catch-Up Post)…
Researchers’ Challenge to CFAA Moves Forward–Sandvig v. Sessions
…the plaintiffs’ vagueness and non-delegation arguments. __ This decision is ground breaking. More like earth shattering. You need only to get to the court’s statement on scraping (“scraping plausibly falls…