News & Analysis as of

Web Scraping Cease and Desist Breach of Contract

Proskauer - New Media & Technology

hiQ v. LinkedIn Redux? Ninth Circuit Decision Tested in New Case

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

Jones Day

Scraping the Web: Practical Implications From the hiQ v. LinkedIn Opinion

Jones Day on

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

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

Proskauer - New Media & Technology

CFAA Claim Dismissed in Scraping Suit, While Contract Claim Survives

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

Proskauer - New Media & Technology

Researchers May Challenge the Constitutionality of the CFAA “Access” Provision as Applied to Web Scraping

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

Proskauer Rose LLP

A Green Light for Screen Scraping? Proceed With Caution…

Proskauer Rose LLP on

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

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