Late last year, Chegg Inc. (“Chegg”), an online learning platform, obtained a preliminary injunction based on allegations that the various operators of the Homeworkify website (“Defendants”) – which allows users to view...more
On October 24, 2022, a Delaware district court held that certain claims under the Computer Fraud and Abuse Act (CFAA) relating to the controversial practice of web scraping were sufficient to survive the defendant’s motion to...more
On May 19, 2022, the Department of Justice (DOJ) announced that it had revised its policy regarding prosecution under the federal anti-hacking statute, the Computer Fraud and Abuse Act (CFAA). Since the DOJ last made changes...more
On remand from the U.S. Supreme Court, the Ninth Circuit earlier this week again affirmed the lower court’s order preliminarily enjoining LinkedIn Corp. (“LinkedIn”) from blocking data analytics company hiQ Labs, Inc.’s...more
4/22/2022
/ Analytics ,
Business Model ,
Computer Fraud and Abuse Act (CFAA) ,
Databases ,
DMCA ,
hiQ Labs Inc v LinkedIn Corp ,
LinkedIn ,
Misappropriation ,
Remand ,
SCOTUS ,
Social Media ,
Trespass ,
Trespass to Chattel ,
Unauthorized Access ,
Vacated ,
Van Buren v United States ,
Web Scraping ,
Websites
On September 30, 2021, a Texas district court granted Southwest Airline Co.’s (“Southwest”) request for a preliminary injunction against online travel site Kiwi.com, Inc. (“Kiwi”), barring Kiwi from, among other things,...more
10/4/2021
/ Airlines ,
Aviation Industry ,
Breach of Contract ,
Computer Fraud and Abuse Act (CFAA) ,
Contract Terms ,
Data Collection ,
Likelihood of Success ,
Online Platforms ,
Preliminary Injunctions ,
Southwest Airlines ,
Terms and Conditions ,
Unauthorized Access ,
Web Scraping
On June 14, 2021, in a closely-watched dispute involving the Computer Fraud and Abuse Act (CFAA), the Supreme Court granted LinkedIn Corp.’s (“LinkedIn”) petition for certiorari filed in the hiQ web scraping case. It...more
6/17/2021
/ Computer Fraud and Abuse Act (CFAA) ,
Corporate Counsel ,
Databases ,
LinkedIn ,
Petition for Writ of Certiorari ,
SCOTUS ,
Social Media ,
Unauthorized Access ,
Vacated ,
Van Buren v United States ,
Web Scraping
In a closely-watched appeal, the Supreme Court, in a 6-3 decision, reversed an Eleventh Circuit decision and adopted a narrow interpretation of “exceeds unauthorized access” under the Computer Fraud and Abuse Act (CFAA),...more
On April 30, 2021 a California district court trimmed various federal privacy-related claims, including the Computer Fraud and Abuse Act (CFAA) claim, from a highly-visible, ongoing putative class action against fintech...more
On January 14, 2021, Southwest Airlines Co. (“Southwest”) filed a complaint in a Texas district court against an online travel site, Kiwi.com, Inc. (“Kiwi”), alleging, among other things, that Kiwi’s scraping of fare...more
On November 30, 2020, the Supreme Court held oral argument in its first case interpreting the “unauthorized access” provision of the Computer Fraud and Abuse Act (CFAA). The CFAA in part prohibits knowingly accessing a...more
In continuing its efforts to enforce its terms and policies against developers that engage in unauthorized scraping of user data, this week Facebook brought suit against two marketing analytics firms, BrandTotal Ltd...more
Last week, hiQ Labs, Inc. (“hiQ”) filed its brief urging the Supreme Court to deny LinkedIn Corp.’s (“LinkedIn”) petition for a writ of certiorari in the Ninth Circuit’s blockbuster ruling in hiQ Labs, Inc. v. LinkedIn Corp.,...more
In what could be prove to be an important decision within the context of scraping of “public” data, in a recent case the Eleventh Circuit reversed a lower court’s dismissal of trade secret claims relating to the scraping of...more
In continuing its push to enforce its terms and policies against developers that engage in unauthorized collection or scraping of user data, Facebook brought suit last month against mobile marketing and data analytics firm...more
3/10/2020
/ Breach of Contract ,
Computer Fraud and Abuse Act (CFAA) ,
Corporate Counsel ,
Data Collection ,
Facebook ,
Personal Information ,
Popular ,
Public Disclosure ,
Social Media ,
Terms of Use ,
Unauthorized Access ,
Web Scraping
Last month, LinkedIn Corp. (“LinkedIn”) filed a petition for rehearing en banc of the Ninth Circuit’s blockbuster decision in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. Sept. 9, 2019). The crucial question...more
On October 11, 2019, LinkedIn Corp. (“LinkedIn”) filed a petition for rehearing en banc of the Ninth Circuit’s blockbuster decision in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. Sept. 9, 2019). The crucial...more
The ink is barely dry on the landmark Ninth Circuit hiQ Labs decision. Yet, a new dispute has already cropped up testing the bounds of the CFAA and the ability of a platform to enforce terms restricting unauthorized scraping...more
9/30/2019
/ Breach of Contract ,
Cease and Desist ,
Computer Fraud and Abuse Act (CFAA) ,
Corporate Counsel ,
Facebook ,
Injunctive Relief ,
LinkedIn ,
Preliminary Injunctions ,
Public Disclosure ,
Revocation ,
Terms of Use ,
Unauthorized Access ,
Web Scraping
In a ruling that is being hailed as a victory for web scrapers and the open nature of publicly available website data, the Ninth Circuit today issued its long-awaited opinion in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783...more
9/10/2019
/ Appeals ,
Cease and Desist ,
Computer Fraud and Abuse Act (CFAA) ,
Corporate Counsel ,
Data Collection ,
E-Commerce ,
LinkedIn ,
Preliminary Injunctions ,
Revocation ,
Social Media ,
Terms of Use ,
Unauthorized Access ,
User Agreements ,
Web Scraping ,
Website Owner Liability
In early July, Ticketmaster reached a favorable settlement in its action against a ticket broker that was alleged to have used automated bots to purchase tickets in bulk, thus ending a dispute that produced notable court...more
Two recent web scraping disputes highlight some important issues regarding whether a website owner may successfully allege a breach of contract action against a commercial party that has scraped website content contrary to...more
7/11/2019
/ Actual or Constructive Knowledge ,
Breach of Contract ,
Browsewrap Agreement ,
Cease and Desist ,
Clickwrap Agreements ,
Computer Fraud and Abuse Act (CFAA) ,
Forum Selection ,
Lanham Act ,
Permanent Injunctions ,
State Law Claims ,
Terms of Use ,
Unauthorized Access ,
Unfair Competition ,
Web Scraping ,
Website Owner Liability ,
Websites
This month, an Illinois district court considered another in the series of web scraping disputes that have been working their way through our courts. In this dispute, CouponCabin, Inc. v. PriceTrace, LLC, No. 18-7525 (N.D....more
A recent dispute between an advertiser AXTS Inc. (“AXTS”) and a video production company GY6vids (“GY6”) produced an interesting issue involving the federal Computer Fraud and Abuse Act (CFAA) – that is, whether an entity...more
This past week, an Illinois district court dismissed, with leave to amend, claims relating to a competitor’s alleged scraping of sales listings from a company’s website for use on its own site. (Alan Ross Machinery Corp. v....more
This past week, a Texas district court denied a bid from a web service for a temporary restraining order (TRO) to enjoin a competitor that allegedly scraped a large amount of proprietary data from its closed site via several...more
In the latest development in the legal controversy over scraping, 3taps, Inc. (“3taps”), a data aggregator and “exchange platform” for developers, filed suit against LinkedIn seeking a declaratory judgment that 3taps would...more