Thursday, September 25, 2008

Traverse Internet Law Federal Court Report: August 2008 Hacking Lawsuits


The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.


COSTAR REALTY INFORMATION, INC. ET AL. v. WAYNE MASCIA ASSOCIATES
DISTRICT OF MARYLAND (GREENBELT)
8:08-CV-02248
FILED: 8/28/2008

This lawsuit is another example of the use of the hacking laws to deal with those accessing a website without permission. In this instance, it appears that the lack of permission came from the fact that the login name and passwords were obtained from third parties. Word to the wise: Don’t use someone else’s membership…and make sure your employees know better!

Plaintiff CoStar Realty Information, Inc. has sued Wayne Mascia Associates for obtaining user names and passwords and logging into the Plaintiff’s proprietary commercial real estate information subscription service. Once logged in, Defendant is alleged to have made unauthorized copies and displays of CoStar’s copyrighted databases and copyrighted photographs.

The lawsuit alleges breach of contract, copyright infringement, and computer hacking under 18 U.S.C. 1030. The Plaintiffs pray for entry of an award of statutory damages of no less than $150,000.00 per copyrighted work, additional compensatory damages, and the entry of a preliminary and permanent injunction providing a broad range of relief. Traverse Internet Law Cross-Reference Number 1204.

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