Supreme Court Miniseries: Zero Spoof Whiskey
Podcast - The Briefing by the IP Law Blog: Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight
The Briefing by the IP Law Blog: Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight
Polsinelli Podcasts - The Latest on a Shift in Regulation in Dietary Supplements
On April 18, the Ninth Circuit issued its opinion in hiQ Labs, Inc. v. LinkedIn Corporation in which the court clarified its position on an important topic: whether the common practice of data “web scraping” can create...more
On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Ninth Circuit reaffirmed a California district court’s order preliminarily enjoining LinkedIn from denying hiQ Labs, a data analytics company, access to...more
For years, website owners have leveraged the federal Computer Fraud & Abuse Act (CFAA) as a tool to combat unauthorized scraping of data and other content from their websites. Due to a circuit court split on the...more
This past month, professional networking site LinkedIn Corp., was given more time to file a petition for certiorari challenging a Ninth Circuit finding that hiQ Labs Inc. (“hiQ”), a workforce data analytics startup, did not...more
The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction forbidding professional networking platform LinkedIn from denying data analytics company hiQ access to publicly available LinkedIn profiles. HiQ...more
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
In an a recently published opinion, the Ninth Circuit answered the question whether “LinkedIn, the professional networking website, [may] prevent a competitor, hiQ, from collecting and using information that LinkedIn users...more
In a narrow but notable holding, the Ninth Circuit recently held that the data mining company hiQ won the balance of hardships and identified sufficiently serious merits questions to warrant a preliminary injunction against...more
As we have previously discussed, claims under the Computer Fraud and Abuses Act (CFAA) are commonly asserted as a means of protecting online data from unwanted scraping activity. The scope and application of the CFAA,...more
On September 9, 2019, the U.S. Court of Appeals for the Ninth Circuit issued a highly-anticipated opinion in hiQ Labs, Inc. v. LinkedIn Corporation, No. 17-16783 (9th Cir. Sept. 9, 2019)....more
The ability of companies to prevent scraping of their publicly available information may now be limited. In a highly anticipated decision, the Ninth Circuit ruled on September 9, 2019, that scraping data from the public...more
Data scraping is a technique where information on one platform is exported onto another. The practice is widespread and is used for all sort of reasons, like market analysis or advertising. The kind of information located and...more
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
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
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
Such Scraping “Plausibly Falls within the Ambit of the First Amendment” The Ninth Circuit is currently considering the appeal of the landmark hiQ decision, where a lower court had granted an injunction that limited the...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
A California district court issued an important opinion in a dispute between a ticket sales platform and a ticket broker that employed automated bots to purchase tickets in bulk. (Ticketmaster L.L.C. v. Prestige...more
In a new development in an important scraping dispute, LinkedIn appealed the lower court’s decision to grant a preliminary injunction compelling LinkedIn to disable any technical measures it had employed to block the...more
On August 14, 2017, the U.S. District Court for the Northern District of California issued a preliminary injunction that prohibits LinkedIn from implementing legal or technological restrictions on hiQ's access, copying, and...more
Court Issues Injunction Barring Blocking of Scraping and Holds CFAA Likely Doesn’t Apply - Websites make information available to clients, users, customers and subscribers. Data aggregators, investors, competitors and...more
Zounds, right? But that is arguably what the U.S. Court of Appeals for the Ninth Circuit said about the Computer Fraud and Abuse Act in Facebook v. Power Ventures, Inc. on July 12th. Let’s get to it....more
On July 12, 2016, the Ninth Circuit filed its published opinion in Facebook, Inc. v. Power Ventures, Inc., et al., Case No. 13-17154 (“Power Ventures”). Power Ventures is the latest in a series of decisions from the Ninth...more