On May 9, 2024, a California district court dismissed, with leave to amend, the complaint brought by social media platform X Corp. (formerly Twitter) against data provider Bright Data Ltd. (“Bright Data”) over Bright Data’s alleged scraping of publicly available data from X for use in data products sold to third parties. (X Corp. v. Bright Data Ltd., No. 23-03698 (N.D. Cal. May 9, 2024)).  Proskauer represents Bright Data in this case.  Back in January 2024, a California court in another closely-watched scraping dispute involving breach of contract claims granted summary judgment in favor of Bright Data.  Proskauer also represented Bright Data in this case.

The Bright Data cases are two of three scraping decisions issued by California District Courts this year. In March 2024, a California court dismissed breach of contract and CFAA claims asserted by X Corp. against the non-profit research and policy organization, Center for Countering Digital Hate, Inc., related to the alleged web scraping of publicly available data.  The decision has been appealed to the Ninth Circuit.

Posted in Alternative Data, Computer Fraud and Abuse Act, Contracts, Screen Scraping, Social Media
Tags: breach of contract, web scraping
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Photo of Jeffrey Neuburger Jeffrey Neuburger

Jeffrey Neuburger is co-head of Proskauer’s Technology, Media & Telecommunications Group, head of the Firm’s Blockchain Group and a member of the Firm’s Privacy & Cybersecurity Group.

Jeff’s practice focuses on technology, media and intellectual property-related transactions, counseling and dispute resolution. That expertise…

Jeffrey Neuburger is co-head of Proskauer’s Technology, Media & Telecommunications Group, head of the Firm’s Blockchain Group and a member of the Firm’s Privacy & Cybersecurity Group.

Jeff’s practice focuses on technology, media and intellectual property-related transactions, counseling and dispute resolution. That expertise, combined with his professional experience at General Electric and academic experience in computer science, makes him a leader in the field.

As one of the architects of the technology law discipline, Jeff continues to lead on a range of business-critical transactions involving the use of emerging technology and distribution methods. For example, Jeff has become one of the foremost private practice lawyers in the country for the implementation of blockchain-based technology solutions, helping clients in a wide variety of industries capture the business opportunities presented by the rapid evolution of blockchain. He is a member of the New York State Bar Association’s Task Force on Emerging Digital Finance and Currency.

Jeff counsels on a variety of e-commerce, social media and advertising matters; represents many organizations in large infrastructure-related projects, such as outsourcing, technology acquisitions, cloud computing initiatives and related services agreements; advises on the implementation of biometric technology; and represents clients on a wide range of data aggregation, privacy and data security matters. In addition, Jeff assists clients on a wide range of issues related to intellectual property and publishing matters in the context of both technology-based applications and traditional media.

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