News & Analysis as of

Computer Fraud and Abuse Act (CFAA) Web Scraping Unfair Competition

Sheppard Mullin Richter & Hampton LLP

Court Dismisses AI Scraping Claim, But Grants Leave to Amend

We have previously reported on the Jobiak case which raises the interesting issue of whether an AI-scraped job database is subject to copyright protection and is infringed. We were hoping that the court would make substantive...more

Proskauer - New Media & Technology

Help Wanted: Site Owner Brings New Scraping Suits Focused on Job Posting and Employment Data

In recent years there has been a great demand for information about job listings, company reviews and employment data.   Recruiters, consultants, analysts and employment-related service providers, amongst others, are...more

Fenwick & West LLP

HiQ Labs Scrapes by Again: The Ninth Circuit Reaffirms that Data-Scraping Does Not Violate the CFAA

Fenwick & West LLP on

In a much-anticipated ruling this week addressing the confluence of website scraping and computer hacking law, the U.S. Court of Appeals for the Ninth Circuit became the latest federal court to limit the reach of the Computer...more

Goodwin

Ninth Circuit Limits CFAA to Digital "Breaking and Entering," Finds LinkedIn Likely Has No CFAA Claim Against Web Scraper

Goodwin on

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

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit Sides with Data Scraper and Affirms Preliminary Injunction Against LinkedIn in Data Mining Battle

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

Proskauer - New Media & Technology

Web Scraping Decisions Consider Contract Cause of Action

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

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