This case is so ridiculous on multiple fronts that although this procedural ruling (injunction) seems technically correct (to allow the case to proceed to actual court), it could just as well have been thrown out with no difference in or ultimate harm to the parties.
First, LinkedIn makes the claim that its users have a right to privacy against scraping by such a 3rd party. That's laughable. As the court saw, their whole business model is made on people sharing their profiles broadly and mostly to the public.
Secondly, HiQ claims that LinkedIn's efforts to stop it from using the data are tortious interference. That's bold -- suppose someone is taking your assets (you believe illegally) and selling them to others -- can you imagine the gall that the person taking your assets can sue you for interfering with their subsequent sale of your assets?
Finally, that LinkedIn resorted to using the computer fraud and anti-terrorism statutes to make their argument is ridiculous.
So much craziness to go around. I would've just tossed the case, but I guess there is the whole bit about due process... Maybe HiQ will fail anyway at the next substantive trial, but what a waste of time.
Except that, in the digital sense, it's only copied. They now have it, but you didn't lose your assets or money besides the <$0.001 it costs to serve each web page.
> So much craziness to go around.
I agree - I haven't read through the entire thing, but it looks like, instead of saying "you can't scrape", they could implicity give a license to users for personal and business use, but not be allowed the reselling of the data (of course carefully worded to allow the likes of Recruiters and whatnot to do so). It's like trying to argue that the DMCA says you can't create a torrent file of some movie.
First, LinkedIn makes the claim that its users have a right to privacy against scraping by such a 3rd party. That's laughable. As the court saw, their whole business model is made on people sharing their profiles broadly and mostly to the public.
Secondly, HiQ claims that LinkedIn's efforts to stop it from using the data are tortious interference. That's bold -- suppose someone is taking your assets (you believe illegally) and selling them to others -- can you imagine the gall that the person taking your assets can sue you for interfering with their subsequent sale of your assets?
Finally, that LinkedIn resorted to using the computer fraud and anti-terrorism statutes to make their argument is ridiculous.
So much craziness to go around. I would've just tossed the case, but I guess there is the whole bit about due process... Maybe HiQ will fail anyway at the next substantive trial, but what a waste of time.