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)
Ken "Popehat" White (previously), a former Federal prosecutor turned criminal defense attorney, has some excellent advice for all you newbie law-students who are just starting your law school career.
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Disney is being sued by the Michael Jackson estate for using fair-use clips in a biopic called "The Last Days of Michael Jackson" -- in its brief, the company decries "overzealous copyright holders" whose unwillingness to consider fair use harms "the right of free speech under the First Amendment."
The Adobe Creative Cloud suite is the foundation on which many creatives build their careers, but some of its programs, like Photoshop and InDesign, are notoriously complex, making it difficult for aspiring designers, photographers, and the like to break into their field. But, don’t get discouraged. The Pay What You Want: Adobe CC A-Z Lifetime Bundle […]
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We’ve all used Excel at some point in our careers, but chances are most of us have only scratched the surface of what this ubiquitous program can do. From automating simple tasks to presenting data through beautiful charts and PivotTables, Excel brings a ton of utility to the table that can make a huge impact […]