LinkedIn Files Opening Brief with Ninth Circuit in Closely-Watched Data Scraping Dispute with hiQ

12 10 2017

In a new development in an important scraping dispute, LinkedIn appealed the lower court’s decision to grant a preliminary injunction compelling LinkedIn to disable any technical measures it had employed to block the defendant’s data scraping activities.  LinkedIn’s brief was filed on October 3, 2017.  In it, LinkedIn asserts that the relevant issue is whether the lower court “erred as matter of law by holding—contrary to the CFAA’s unambiguous text and Circuit precedent—that LinkedIn could not invoke the CFAA after LinkedIn revoked hiQ’s access to its servers by sending a particularized cease-and-desist letter and imposing technical measures to block hiQ’s data-scraping bots.”

We will be watching the developments in this case closely.

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The content in this post was found at http://newmedialaw.proskauer.com/2017/10/05/linkedin-files-opening-brief-with-ninth-circuit-in-closely-watched-data-scraping-dispute-with-hiq/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Google open innovation powered by efficient infringement

13 03 2017

Given the growth of efficient infringement, Google can operate in an open innovation way, applying open source principles to patented technologies from outside of the company as well as from those inside the company and partners… If it were not for efficient infringement it would be impossible for one company to be involved in as many different areas of endeavor as Google/Alphabet have attempted. The only feasible way for them to hunt for the next revenue stream seems to be to scatter-shot innovation by going in numerous different directions without any real focus. Of course, that requires them to ignore the rights of others and pretend we live in an open source world without any patent rights. Ironically, it is this disparate and uncoordinated approach to innovating that is also preventing Google from developing any kind of mastery outside of their core search competency and revenue generating model.

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The content in this post was found at http://www.ipwatchdog.com/2017/03/09/google-open-innovation-efficient-infringement/id=78977/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Batten down the hatches—Navy accused of pirating 585k copies of VR software

27 01 2017
A German maker of 3D virtual reality software is accusing the US Navy of engaging in wanton piracy, and we’re not talking about piracy on the high seas. This is about digital piracy of software, according to a federal lawsuit brought by Bitmanagement Software. The company is seeking copyright infringement damages of more than $596 million (€543 million) from the Navy for allegedly stealing more than 558,000 copies of its BS Contact Geo software.

The amount of damages, if the Navy loses, could go up substantially. Bitmanagement also noted that, in addition to licensing fees, it is seeking pre- and post-judgement interest, punitive damages, legal costs, attorney fees, and statutory damages that could amount to $150,000 per infringement.

According to the lawsuit (PDF) filed in the US Court of Federal Claims:

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The content in this post was found at https://arstechnica.com/tech-policy/2016/07/batten-down-the-hatches-navy-accused-of-pirating-585k-copies-of-vr-software/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Scraping Lawsuit Survives Dismissal Motion–CouponCabin v. Savings.com

22 01 2017

We blog pretty much every scraping case we see; we just don’t see many of them. As I’ve told you before, scraping is ubiquitous but of dubious legality. Today’s case reiterates just how hard it is for scrapers to win in court if challenged.

The case involves competitors in the online coupon industry. The facts alleged by the plaintiff look very typical for competitive scraping. CouponCabin alleges that Savings.com and several other sites scrape offers from its site, either on an automated or manual basis. In response, CouponCabin allegedly deployed technological blocks against “all traffic, including legitimate users, emanating from certain cloud computing providers and internet service providers identified as being used particularly heavily by the Defendants to conduct scraping activities.” CouponCabin also allegedly sent cease-and-desist letters to most of the defendants. Despite the technological blocks and demand notices, CouponCabin alleges “the Defendants knowingly and intentionally circumvented [the Plaintiff’s] security measures in order to continue their data scraping activities.”

 

Case citation: Couponcabin LLC v. Savings.com, Inc., 2016 WL 3181826 (N.D. Ind. June 8, 2016)

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The content in this post was found at http://blog.ericgoldman.org/archives/2016/06/scraping-lawsuit-survives-dismissal-motion-couponcabin-v-savings-com.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Oculus’ exclusivity protection leads to a VR piracy arms race

30 05 2016
On Friday, an Oculus Runtime update blocked a fan-made workaround that had let HTC Vive owners play previously Rift-exclusive software. At the time, Oculus said the update wasn’t targeted at the workaround, and was instead trying “to curb piracy and protect games and apps that developers have worked so hard to make.” Now, though, Oculus’ move has encouraged the patch’s developer to break Oculus’ digital rights managements entirely, potentially opening VR software up to piracy as well as hardware freedom.

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Breaking the DRM entirely is now the now the only way to break Oculus’ hardware check, LibreVR writes on Reddit. “The problem is that Oculus added the check for the Rift being attached to your PC to the actual DRM. They now use the same function to check that you own the game and that you have the headset,” he said. “I can’t disable one check without disabling the other one too. Previously these checks were separate and the DRM would only check whether you owned the game.”

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The content in this post was found at http://arstechnica.com/gaming/2016/05/inside-virtual-realitys-brewing-piracy-and-exclusivity-arms-race/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.