Free for a Fee

[Post by Venkat]

Facebook v. Power Ventures, Case No. 5:08-cv-05780 JW (N.D. Cal.) (Facebook Motion) (EFF Amicus Brief)

Facebook and Power Ventures have been locked in a dispute over whether Power Ventures can access Facebook’s website and network outside of Facebook’s authorized developer channels. The dispute yielded an interesting ruling on Power.com’s motion to dismiss. The parties are both seeking summary judgment on the issue of whether Power.com’s conduct violates California Penal Code section 502(c). EFF recently weighed in with an amicus brief which makes the already interesting dispute even more interesting.

The Dispute: Facebook brought Computer Fraud and Abuse Act claims and copyright claims (along with a slew of other claims) against Power.com. Setting aside the peripheral trademark and CAN-SPAM claims, Facebook’s key allegations are that (1) Power.com accessed Facebook’s network “without authorization” in violation of the Computer Fraud and Abuse Act (and section 502(c), the California computer crime statute); (2) Power.com accessed Facebook’s network in violation of the Facebook terms of use; and (3) Power.com copied the copyrighted portions of the Facebook website in the process of allowing Facebook users to access Facebook through Power.com’s interface. (There’s also an anti-circumvention claim tied to the unauthorized copying claim.) The court denied Power.com’s motion to dismiss. (See coverage of the court’s initial ruling on Power.com’s motion to dismiss from Tom O’Toole, Jeff Neuburger, and Cyberlaw Cases.)

more

The content in this post was found at http://blog.ericgoldman.org/archives/2010/05/eff_weighs_in_o.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.

[Post by Venkat]

craigslist, Inc. v. Naturemarket, Inc., Case No. C 08-05065 PJH (MEJ) (N.D. Cal. March 5, 2010) [scribd] (report and recommendation adopted on February 5, 2010)

Craigslist obtained a 1.3 million dollar default judgment against defendants Naturemarket, Inc. and Igor Gasov.

Naturemarket (doing business as powerpostings.com [typical bad choice of name]) sold software which allowed its customers to automatically post listings to craigslist. As advertised by defendants, the software made “the difficult craigslist posting process child’s play and [helped users] manage and multi-post . . . ads.” Defendants also advertised “posting agent” services where defendants would post ads on behalf of customers. Finally, defendants sold software that scraped email addresses from the craigslist site.

Craigslist sued alleging claims under (1) copyright; (2) DMCA; (3) the Computer Fraud and Abuse Act; (4) trademark; (5) breach of contract/terms of use. Defendants failed to contest the suit. The court granted default judgment against defendants:

more

The content in this post was found at http://blog.ericgoldman.org/archives/2010/03/craiglist_wins.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.