Deep Packet Inspection (NebuAd) Litigation: Court Dismisses ECPA Claim but CFAA Claim Continues
[Post by Venkat with comments by Eric] Mortensen v. Bresnan Comm., CV 10-13-BLG-RFC (D. Mont. Dec. 13, 2010) A district court in Montana hearing one of the many NebuAd “deep packet inspection” lawsuits partially granted a defendant’s motion to dismiss….
Anti-Bot Restrictions Aren’t Copyright Misuse–Oracle v. Rimini Street
By Eric Goldman Oracle USA, Inc. v. Rimini Street, Inc., 2:10-CV-00106-LRH-PAL (D. Nev.). Decision on Rimini Street’s motion to dismiss, Aug. 13, 2010. Decision on Oracle’s motion to dismiss Rimini Street’s counterclaims, Oct. 29, 2010. As the world watches the…
Former Employee’s ‘Email Barrage’ Does Not Support CAN-SPAM or Computer Fraud and Abuse Act Claims — Nyack Hosp. v. Moran
[Post by Venkat] Nyack Hosp. v. Moran, 08 Civ. 11112 (SCR)(PED) (S.D.N.Y.; Oct. 20, 2010) Moran was employed by Nyack Hospital. When the employment relationship ended he: sent [an unspecified number of] e-mails, including a 17-page attachment, to over “100…
Anti-Scraping Lawsuit Largely Gutted–Cvent v. Eventbrite
By Eric Goldman Cvent, Inc. v. Eventbrite, Inc., 2010 U.S. Dist. LEXIS 96354 (E.D. Va. Sept. 14, 2010). Given the amount of scraping taking place every day all over the web, scraping lawsuits are surprisingly infrequent. In this ruling, a…
Judge Denies Facebook’s Request for Judgment on the Pleadings and Strikes Power.com Counterclaims — Facebook v. Power.com
[Post by Venkat, with additional comments by Eric] Facebook v. Power Ventures, Inc., Case No. C 08-05780 (N.D. Cal. July 20, 2010) Background: Facebook and Power Ventures (Power.com) have been locked in a battle over whether Power.com should be allowed…
EFF Weighs in on Facebook v. Power Ventures — Facebook v. Power Ventures
[Post by Venkat] Facebook v. Power Ventures, Case No. 5:08-cv-05780 JW (N.D. Cal.) (Facebook Motion) (EFF Amicus Brief) Facebook and Power Ventures have been locked in a dispute over whether Power Ventures can access Facebook’s website and network outside of…
Web-based Email Bombardment Campaign Does Not Amount to a Violation of the Computer Fraud and Abuse Act — Pulte Homes, Inc. v. LiUNA
[Post by Venkat] Pulte Homes, Inc. v. Laborers’ International Union of North America, et al. (E.D. Mich.) (May 12, 2010) Background: Pulte Homes, “the largest new home builder in the United States” terminated eight employees. Defendant Laborers’ International Union of…
Interesting Database Scraping Case Survives Summary Judgment–Snap-On Business Solutions v. O’Neil
[Post by Venkat, with additional comments from Eric below] Snap-on Business Solutions Inc. v. O’Neil & Assocs., Inc. (N.D. Ohio April 16, 2010) [scribd] Snap-on is one of those cases that’s great because the court canvasses the various claims that…
Google AdWords Litigation Keeps Rolling In–Parts Geek v. US Auto Parts
By Eric Goldman Parts Geek LLC v. US Auto Parts Network Inc.,3:2009cv05578 (D.N.J. complaint filed Nov. 2, 2009) [warning: 3MB PDF]. The Justia page. In my world, we have an honor code among geeks–thou shalt not harm other geeks. As…
Lori Drew Criminal Case Ends With a Whimper
By Eric Goldman United States v. Drew, 2009 WL 2872855 (C.D. Cal. Aug. 28, 2009) Almost 2 months ago, the judge presiding over the Lori Drew trial orally announced that he intended to rule in favor of Drew, but it…