New Media and Technology Law Blog

Tag Archives: breach of contract

Facebook Brings Suit against Mobile Marketing Firm for Siphoning User Data without Authorization

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 OneAudience LLC. (Facebook, Inc. v. OneAudience LLC, No. 20-01461 (N.D. Cal. Complaint filed Feb. 27, 2020)). Facebook alleges that OneAudience harvested … Continue Reading

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

UPDATE: On October 14, 2019, the parties entered into a Joint Stipulation dismissing the case, with prejudice.  It appears from some reports that Stackla’s access to Facebook has been reinstated as part of the settlement.   UPDATE: On September 27, 2019, the California district court issued its written order denying Stackla’s request for a TRO.  In … Continue Reading

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 “clickwrap” and “browsewrap” website terms of use. In Southwest Airlines Co. v. Roundpipe, LLC, No. 18-0033 (N.D. Tex. Mar. 22, 2019), a … Continue Reading

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. Ill. Apr. 11, 2019), CouponCabin alleged that a competitor, PriceTrace, scraped coupon codes from CouponCabin’s website without authorization and displayed … Continue Reading
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