Tuesday, January 18, 2011

Traverse Internet Law Federal Court Report: August 2010 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.


PEARSON EDUCATION, INC. v. RAMEEZ RAZZAQ BALAGAMWALA and SAMAR R. BALAGAMWALA
SOUTHERN DISTRICT OF TEXAS (HOUSTON)
4:10-CV-03038
FILED: 8/24/2010

Don’t use other people’s passwords to gain access to any website. Today most user agreements specifically prohibit the transfer of log-in and password information to third parties and specifically prohibit a third party from accessing the site. There are state and federal civil and criminal laws that are being used today to police this type of conduct.

Pearson is the world’s leading publisher of textbooks and online educational products. The Defendants are residents of Texas who offer to complete students’ homework on Plaintiff’s website for a fee by obtaining the password from the student. This use of a student’s password is unauthorized and contrary to the rules of Plaintiff’s website and is putting at risk Plaintiff’s reputation.

The lawsuit claims violation of the Computer Fraud and Abuse Act, violation of the Texas Computer Crimes Act, trademark infringement, unfair competition, cybersquatting, tortious interference with contractual relations, and fraud. Plaintiff requests preliminary and permanent injunctive relief, transfer of Defendants’ domain names, an accounting of profits, actual damages, treble damages, statutory damages, costs, and attorneys’ fees. Traverse Internet Law Cross-Reference Number 1445.

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