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)
Wells Fargo has asked a court to block a shareholder lawsuit that seeks to punish the company for lying when it promised to promptly and completely disclose any new scandals; Wells Fargo claims that the promise was obvious "puffery," a legal concept the FTC has allowed to develop in which companies can be excused for […]
The British government has decreed that adult sites must collect age-verification data on everyone who looks at material rated for 18-and-over viewing; this amounts to a database of the porn-viewing habits of every adult in the UK.
At least 13 are dead after a gunman opened fire at a crowded bar in Thousand Oaks, California. The dead include the shooter and a Sheriff’s sergeant who tried to stop him. A man, identified by authorities as Ian David Long, 29, entered the Borderline Bar and Grill at 11.20pm, threw smoke grenades into the […]
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Remember the cartoons of your youth? There’s a good reason. Nothing sparks the imagination like well-done animation. And whether you need a logo in motion or just want to bring your own imagination to life, CrazyTalk Animator 3 Pro is the tool that can take you there. Easy enough for casual users but with all […]