Traverse Internet Law Federal Court Report: February 2010 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.


LOOPNET INC. v. CAROLINABIZBUYSELL INC. AND GINO CALEJO
NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO)
3:10-CV-00612
FILED: 2/11/2010

When your use of a website exceeds the use permitted by the website owner in its “user agreement” or other contract to which you are bound, it is unauthorized access and the federal hacking law applies if damages reach a certain level. The courts are split as to how to evaluate damages in situations like this, but the rule of thumb is that you must abide by the contract terms of a website.

Loopnet is a leading commercial real estate information service provider offering a suite of products and services for the commercial investment industry. The Defendant is a South Carolina corporation that operates as a full service business brokerage. The Defendant is alleged to have repeatedly and intentionally accessed Loopnet’s “BizBuySell.com” website without authorization and obtained business listings and reproduced that information on its own website as its own independently developed information.

The lawsuit alleges trademark infringement, unfair competition, breach of contract, violations of the Computer Fraud and Abuse Act, and common law unfair competition. The Prayer for Relief includes requests for temporary, preliminary, and permanent injunctive relief as well as compensatory damages, treble damages, exemplary damages, punitive damages, and cost of litigation. Traverse Internet Law Cross-Reference Number 1408.