A Ninth Circuit Appellate Court has rejected Oracle's attempt to treat violating its website terms of service as a felony under the Computer Fraud and Abuse Act,
This legal theory -- that the CFAA felonizing violating Terms of Service -- was the basis for the legal action against Aaron Swartz, the young computer pioneer who was under 13 felony counts for downloading publicly accessible documents with an automated script when he hanged himself in 2013.
At oral argument in July 2017, Judge Susan Graber pushed back [at around 33:40] on Oracle’s argument that automated scraping was a violation of the computer crime law. And Monday, the 3-judge panel issued a unanimous decision rejecting Oracle’s position. As the court held:
The court even refers to our brief:
Ninth Circuit Doubles Down: Violating a Website’s Terms of Service Is Not a Crime
(Image: Fred Benenson, CC-BY)
Matthew Heimbach has been sent to jail. You may remember him from such violent, bigoted hits such as physically assaulting a black protester at a Trump rally back in 2016 or his time leading the Traditionalist Worker Party–a delightful whack of scum described by the the Anti-Defamation League as a neo-Nazi group whose goal is […]
In a new ruling, US District Judge James Donato included extraordinary recriminations directly against Facebook and its lawyers, whom he upbraided for deliberately misinterpreting his earlier rulings about who can sue Facebook over privacy violations and what kinds of damages they can seek.
A teenager livestreaming a demo of a Fortnite cheat he found online got sued by Epic Games, but the case raises questions about who, if anyone, is legally obligated after he clicked the user agreement required to play the game.
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