Catching Up on Ninth Circuit CFAA Jurisprudence (Internet Law Casebook Excerpt)
[Eric’s note: this is another excerpt from my Internet Law casebook. Venkat and I couldn’t blog last year’s chaotic and messy Ninth Circuit’s CFAA jurisprudence in real time. I nevertheless took one for the team and tried to make sense of the…
LinkedIn Enjoined From Blocking Scraper–hiQ v. LinkedIn
hiQ Labs has scraped LinkedIn public profiles for several years. hiQ offers two products, entirely predicated on LinkedIn-scraped data: (1) a prediction to employers which employees were mostly likely to be recruited away, and (2) a summary of employee skills….
Catching Up On Some Recent Click Fraud Rulings
After all of the excitement over click fraud a decade ago, we don’t often see click fraud cases any more. However, just in the past couple months I’ve seen 3 rulings that I wanted to share with you. Wickfire, LLC…
Top 10 Internet Law Developments of 2016
Donald Trump’s election as president pretty much dominated our thoughts about 2016 (though Brexit was pretty significant too). So I decided to break up my annual top 10 list into two separate top 5 lists, one election-related, one not. Top…
2H 2016 Quick Links, Part 5 (Patents, Other IP, Employment, CFAA)
Patents * Tim Holbrook on how slow FDA procedures contribute to de facto monopolies for off-patent drugs/devices * Washington Post: Patent lawsuits swell and watchdog says the government is to blame * Washington Post: Patent office workers bilked the government…
Q2 2016 Quick Links, Part 4 (Marketing, Privacy, Contracts)
Advertising/Marketing * Google will no longer run ads for payday lenders. * GALA: Brazil Enacts New Ambush Marketing Laws in Advance of Rio 2016 Olympic Games * Slate: The Do Not Call list was supposed to defeat telemarketers. Now scammy…
Scraping Lawsuit Survives Dismissal Motion–CouponCabin v. Savings.com
We blog pretty much every scraping case we see; we just don’t see many of them. As I’ve told you before, scraping is ubiquitous but of dubious legality. Today’s case reiterates just how hard it is for scrapers to win…
The New ‘Defend Trade Secrets Act’ Is The Biggest IP Development In Years (Forbes Cross-Post)
Last week, Congress passed the Defend Trade Secrets Act (the DTSA), which President Obama will sign soon. The Defend Trade Secrets Act extends the current Economic Espionage Act of 1996, which criminalizes certain trade secret misappropriations, to allow civil lawsuits….
Q1 2016 Quick Links, Part 3 (DOJ v. Apple, ISIS, Censorship & More)
Surveillance * The whole Apple v. DOJ fracas was insane! NY Times: In Nod to Law Enforcement, Obama Ends Attempt to Straddle Privacy Divide. Vice: Obama’s Call for Encryption ‘Compromise’ Is Hypocritical. NY Times: For Apple, a Search for a…
Using Scraper to Harvest Records Isn’t Fraudulent Access Under CFAA–Fidlar v. LPS
Fidlar works with counties to digitize and index land records. It also makes available a software client (Laredo) that allows end users to access these records. Billing is handled by the counties, and counties have monthly access plans. The counties…