Relitigating hiQ Labs and Scraping Through the Lens of DMCA 1201 Anti-Circumvention (Guest Blog Post)
…is not permissible to copy and reuse public data. But with CFAA questions about publicly available data now largely resolved (except at the margins), and with terms of use often…
AT&T Blocks T-Mobile’s Data Portability Efforts (Guest Blog Post)
…to fill that gap by automating access into the incumbent’s systems, you collide with the CFAA, terms of service, and state computer access statutes (exactly what the TRO discusses). Which…
Are Robots.txt Instructions Legally Binding?–Ziff Davis v. OpenAI
…to websites. That issue is central to trespass to chattels claims, including CFAA claims. For example, the Supreme Court indicated in Van Buren that website access could be delimited by…
Announcing the 2025 Edition of My Internet Law Casebook
…Excerpt on CFAA/Nosal/Power Ventures (now deleted) Excerpt on transborder content enforcement Excerpt on Brazil’s Marco Civil (now deleted) Excerpt on notes about UMG v. Shelter Capital (Some of the freely…
Court Overturns a Bad Jury Verdict Against Scraping–Ryanair v Booking (Guest Blog Post)
…Booking Holdings had caused exactly $5,000 in legally cognizable “loss” to Ryanair under the CFAA—the statutory minimum to establish a CFAA claim. Of course, there’s no way that the actual…
Catching Up on the Heavyweight Scraping Battle Between X and Bright Data (Guest Blog Post)
…Code, tortious interference with a contract, and breach of contract claims. And it sought to supplement its complaint with DMCA, CFAA, and CDAFA claims. Here’s how it went: Trespass to…
Announcing the 2024 Edition of My Internet Law Casebook
…on Section 230 Excerpt on right to be forgotten Excerpt on CFAA/Nosal/Power Ventures (now deleted) Excerpt on transborder content enforcement Excerpt on Brazil’s Marco Civil (now deleted) Excerpt on notes…
Ryanair v. Booking CFAA Trial Ends with Strangest Possible Outcome (Guest Blog Post)
…case turned on what constitutes a “loss” under the CFAA. Under the CFAA, the plaintiff must not only show access without authorization but losses that were technological in nature that…
Facebook Makes Some Progress Against a Scraper–Meta v. Voyager (Guest Blog Post)
…Judgment against Bright Data on its breach of contract claim. Then Meta dismissed the suit, rather than appeal. In late March, X Corp. had its breach of contract and CFAA…
Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)
…For the CFAA claim, the rationale for dismissing X Corp.’s claim was nearly identical. Under the CFAA, to state a claim, one must allege a “loss” or damages of more…