If "Trespass to Chattels" Isn't Limited to "Chattels," Anarchy Ensues--Best Carpet Values v. Google

If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google

Trigger warning: this is a terrible opinion. Let’s hope the judge corrects his errors or that the appeals court does it for him. * * * This opinion addresses a venerable issue in Internet Law: can a website control how…

TOS Supports Injunction Against Web Scraping--Southwest Airlines v. Kiwi

TOS Supports Injunction Against Web Scraping–Southwest Airlines v. Kiwi

This is a scraping lawsuit brought by Southwest airlines against Kiwi.com. The court issues an injunction restricting Kiwi from scraping Southwest’s website. Southwest does not allow online travel agencies to sell Southwest flights without the approval of Southwest. Its terms…

Did Facebook Commit Tortious Interference Against BrandTotal?–Facebook v. BrandTotal

BrandTotal installs (with the users’ consent) researchware that collects data from Facebook, including automated pings for data that the user has the right to view but never requested to browse. BrandTotal bypasses Facebook’s API so it can obtain information not…

More Perspectives About Van Buren v. US (Guest Blog Post)

More Perspectives About Van Buren v. US (Guest Blog Post)

by guest blogger Kieran McCarthy [Eric’s comment: this is a supplement to my more comprehensive post on Van Buren v. US] This was a critically important case with far-reaching policy implications across dozens of industries. 23 amici curiae were filed….

Do We Even Need the Computer Fraud & Abuse Act (CFAA)?--Van Buren v. US

Do We Even Need the Computer Fraud & Abuse Act (CFAA)?–Van Buren v. US

Last week, the Supreme Court decided Van Buren v. US. Many hoped the decision would clarify how owners can delimit third-party usage of their computer resources for purposes of the Computer Fraud & Abuse Act (CFAA). Disappointingly, the court explicitly…

Social Media Ownership Disputes, Part I: the Satanic Temple of Washington Can’t Get Its Facebook Pages Back

Social Media Ownership Disputes, Part I: the Satanic Temple of Washington Can’t Get Its Facebook Pages Back

This is part 1 of a 2-part series covering social media ownership disputes. This dispute involves the online accounts of the Satanic Temple of Washington: two Facebook pages, one of which had 17,000 followers, a Twitter account, and a “google…

Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Google

It’s been years since I’ve blogged a lawsuit against Google for selling trademarked keyword ads. About a decade ago, Google was dealing with about a dozen cases. Google won some of them and settled the rest, and everyone moved on….

Facebook Can Block Scraper (For Now)–Facebook v. BrandTotal

BrandTotal offered a Chrome extension called “UpVoice.” Once installed, the extension allegedly scraped public and non-public information from the users’ Facebook and Instagram accounts. Facebook attempted to crack down on the extension. It terminated BrandTotal’s Facebook and Instagram pages and…

One Minute Spent Reviewing a Junk Fax Received via Email is Not Injury for Article III Purposes

One Minute Spent Reviewing a Junk Fax Received via Email is Not Injury for Article III Purposes

This is a junk fax case. Plaintiff (Daisy), a corporation, used Vonage to receive faxes. It received a junk fax, but rather than receiving it on its fax machine, Daisy received the fax via email, as a .pdf. Daisy alleged…

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 a computer network generally permits public access to its data,…