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)
At The Washington Post, Antonia Noori Farzan reports on an alleged zoophile who demanded farmers let him at the horses while conducting a terrifying stalking campaign against those who refused. For well over a year, two mysteries consumed a peaceful New Jersey community. The 31-year-old was arrested Oct. 3, according to the New Jersey Herald. […]
Back in 2015, the Marvin Gaye estate secured a bizarre copyright judgment against Pharrell Williams and Robin Thicke over their hit song "Blurred Lines," in which the Gaye estate argued (successfully) that even though "Blurred Lines" didn't copy Gaye's songs, it copied the feeling of Gaye's music -- that is, that Thicke and Williams made […]
Not ashamed to admit I’m obsessed with this crime story.
Hey, we love Netflix and Hulu, but let’s face it: The whole setup doesn’t exactly encourage active viewing. For all the binge-watching we’ve done, it’s tough to expand our horizons or learn anything new – except for how many episodes of “The Office” it takes to make us fall asleep. It was only a matter […]
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Need data storage? Join the club. It may still seem like the wild west out there, and for many companies, it’s a tough choice between security and accessibility. Luckily, there’s a platform that gives you a lot of both: Polar Backup Cloud Storage. Whether you’re a busy private citizen or managing valuable company data, Polar […]