Traverse Internet Law Federal Court Report: October 2009 Hacking Lawsuits

Traverse Internet Law Disclaimer

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.

CRAIGSLIST, INC. v. TROOPAL STRATEGIES, INC., ET AL.
NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO)
3:09-CV-04741
FILED: 10/05/2009

CRAIGSLIST, INC. v. J.P.LAMERE, ET AL.
NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO)
3:09-CV-04740
FILED: 10/05/2009

CRAIGSLIST, INC. v. JOHN DOE AND CRAIGSLISTBOTPRO.COM
NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO)
3:09-CV-04739
FILED: 10/05/2009

CRAIGSLIST, INC. v. JOHN DOE d/b/a CLADGENIUS.COM, ET AL.
NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO)
3:09-CV-04737
FILED: 10/05/2009

CRAIGSLIST, INC. v. RED TRUMPET LLC AND JEFFREY H. YIP
NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO)
3:09-CV-04743
FILED: 10/05/2009

CRAIGSLIST, INC. v. EDDIE TEMPLE
NORTHERN DISTRICT OF CALIFORNIA (SAN JOSE)
5:09-CV-04738
FILED: 10/05/2009

We are often asked about the legality of using automated programs to interact with websites or “scrape” content. There are a long line of cases going back to the mid 1990’s that prohibit this type of access to computers if there is a prohibition communicated through a user agreement. These claims are the cyber equivalent of a trespass on someone’s land. Remember the signs that say “No Trespassing” nailed to trees? A user agreement with a prohibition against accessing a website is the virtual equivalent of a “No Trespassing” sign. And if you think you can avoid this type of liability by claiming that you did not read the user agreement, I’ve tried my fair share of criminal trespass cases earlier in my career and every defendant said: “I didn’t see the No Trespassing sign”. It never worked.

The Plaintiff, Craigslist, has sued a broad range of Defendants for using auto-posting software, programs, devices and services on the Craigslist website contrary to the user agreement. This access is the basis for a hacking claim, or better known as a “Computer Fraud and Abuse Act” claim alleging unauthorized access to Craigslist’s computer systems and services.

The lawsuits include claims for copyright infringement, violation of the Digital Millennium Copyright Act, violation of the Computer Fraud and Abuse Act, violation of California penal code 502, trademark infringement, breach of contract, inducing breach of contract, intentional interference with contractual relations, and fraud. Plaintiff requests that the Court issue extensive preliminary and permanent injunctive relief against the Defendants. Additional relief requested includes the disgorgement of profits, compensatory damages, liquidated damages, statutory damages, punitive damages, prejudgment and post-judgment interest, attorneys’ fees and costs, and any further relief the Court deems appropriate. Traverse Internet Law Cross-Reference Number 1373.