Catching Up On Some Recent Click Fraud Rulings
…utilizing automated means and rotating through proxy servers in order to avoid detection.” The court discusses several claims: CFAA 1030(a)(4): “Plaintiff asserts two theories alleging how Defendants acquired improper access:…
Top 10 Internet Law Developments of 2016
…“win” over Viacom. * Ninth Circuit’s CFAA Angst (Facebook v. Vachaci and US v. Nosal). What are the contours of the CFAA in the Ninth Circuit? That’s a really good…
2H 2016 Quick Links, Part 5 (Patents, Other IP, Employment, CFAA)
…of cases similar to this one; in those cases, those courts have consistently held that liability under Section (a)(4) of the CFAA does not lie where, as here, an employee…
Redfin Defeats Copyright Claims Due to MLS License Agreement
…Fraudulent Access Under CFAA–Fidlar v. LPS Multiple Listing Service Gets Favorable Appellate Ruling in Scraping Lawsuit Craigslist Wins Routine But Troubling Online Trespass to Chattels Ruling in 3Taps Case (Catch-up…
Scraping Lawsuit Survives Dismissal Motion–CouponCabin v. Savings.com
…The defendants moved to dismiss the CFAA, DMCA and contract claims. CFAA. The court denies the dismissal motion because “CFAA liability may exist in certain situations where a party’s authorization…
The New ‘Defend Trade Secrets Act’ Is The Biggest IP Development In Years (Forbes Cross-Post)
…Fraud & Abuse Act (but won’t). A number of other laws overlap with trade secret laws, such as the Computer Fraud and Abuse Act (CFAA), which restricts the unauthorized downloading…
Q1 2016 Quick Links, Part 4 (Copyright, Marketing and More)
…CFAA cause of action (Count One) is dismissed with prejudice to the extent Cloudpath alleges CFAA violations by any Defendant who was authorized to access the relevant information for at…
Q1 2016 Quick Links, Part 3 (DOJ v. Apple, ISIS, Censorship & More)
…we must also decide the meaning of “exceeds authorized access” in section 1030(a) of the Computer Fraud and Abuse Act (“CFAA”), which imposes both criminal and civil 4 No. 14‐2710‐cr,…
Using Scraper to Harvest Records Isn’t Fraudulent Access Under CFAA–Fidlar v. LPS
…end, the court says that Fidlar is bringing a trespassory claim, and the damage limitation in the CFAA is intended to ensure that the CFAA only covers access that causes…
2H 2015 Quick Links, Part 3 (Trespass To Chattels, Privacy/Security)
…or connecting to a neighbor’s unsecured wireless network – that scholars have argued are implicitly licensed. This divergence between perceived authorization and desired punishment presents a challenge for the CFAA…