The US Court of Appeals for the 9th Circuit reformulates legal doctrines created for physical property to apply to new technology-based torts (HiQ / LinkedIn)

THE NINTH CIRCUIT'S DECISION IN HIQ V LINKEDIN: DATA SCRAPING MAY HAVE A FUTURE, BUT FOR HOW LONG?* Do companies that gather public information have an obligation to make that information available en masse to would-be competitors? Do competitors have a right to access those companies’ websites to get that information? And do the interests in a free and open Internet prevail over the privacy of millions of citizens whose information is being “scraped” for commercial purposes they neither specifically anticipated nor approved? These provocative policy questions at the heart of hiQ Labs, Inc. v. LinkedIn Corp., received a broad exposition from the Ninth Circuit, but a narrow decision. The panel affirmed that “serious questions” going to the merits support the district court’s preliminary

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Seth D. Greenstein, The US Court of Appeals for the 9th Circuit reformulates legal doctrines created for physical property to apply to new technology-based torts (HiQ / LinkedIn), 9 September 2019, e-Competitions Bulletin October 2019, Art. N° 91899

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