In Article for The Computer & Internet Lawyer, Akin Gump Authors Discuss 9th Circuit Data Mining Decision

January 3, 2020

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“Ninth Circuit Sides with Data Scraper and Affirms Preliminary Injunction Against LinkedIn in Data Mining Battle,” written by Akin Gump cybersecurity, privacy and data protection practice co-head Michelle Reed and litigation partner Hyongsoon Kim and counsel Kelsey Stapler Morris and Diana Schaffner, has been published by The Computer & Internet Lawyer. The article recounts a ruling by the U.S. Court of Appeals for the 9th Circuit showing, what the authors describe as, disfavor for “an attempt to lock down publicly available data against competition, signaling caution for those in the business of collecting or hosting such data.”

The authors write that the decision “touches on three key issues for companies currently in—or seeking to enter—the business of hosting or mining public data online.” The court noted, they say, that those hosting data could turn to claims such as “trespass to chattels, copyright infringement, misappropriation, unjust enrichment, conversion, breach of contract, or breach of privacy” to defend a case such as this.

To read the full article, which was first published as a post on the AG Data Dive blog, please click here.

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