Traverse Internet Law Federal Court Report: July 2010 Hacking Lawsuits

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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.


BRITANIC VENTURES 1 L P, ET AL. v. MICHAEL STUART, ET AL.
SOUTHERN DISTRICT OF TEXAS (HOUSTON)
4:10-CV-02604
FILED: 7/22/2010

Hacking isn’t what most people think of when lawsuits are filed alleging unauthorized access. But in fact any unauthorized access to a computer that causes damage is considered hacking under federal and state laws, and in this case the hacking action was brought under a state law prohibiting harmful access to a computer. You’d be surprised how often contractual disputes relating to IT and computer services support turn into allegations of “hacking”.

Britanic Ventures is the developer of high-end oceanfront living located in Mexico in the form of a condominium development. Defendants were responsible for developing Plaintiffs’ website. Defendants are alleged to have accessed the computer network and website of the Plaintiffs and hijacked it.

Plaintiffs allege distributing false copyright management information in violation of the Digital Millennium Copyright Act, breach of contract, conversion, misappropriation of trade secrets, harmful access by a computer, tortious interference with existing contracts, tortious interference with prospective relations, breach of fiduciary duty, breach of duty of loyalty, breach of duty of confidentiality, fraud by non-disclosure, conspiracy, violation of the Computer Fraud and Abuse Act, violation of the Lanham Act, violation of the Texas Anti-Dilution Statute, common law unfair competition, violation of the Texas Theft Liability Act, violation of Texas Pen. Code § 33.02, infliction of bodily injury, and offensive physical contact. Relief requested includes declaratory judgments on behalf of the Plaintiff, a temporary restraining order, temporary injunctive relief, preliminary and permanent injunctive relief, actual and consequential damages, statutory damages in an amount of $250,000 for each violation, exemplary damages, attorneys’ fees and costs, and a request for accounting. Traverse Internet Law Cross-Reference Number 1439.