3 ms·
Of these, the ones that are interesting are basically 1, 2, 3, 4, 5, 10. The CFAA claim here is actually basically an extortion claim (plus other throwaway gen
by DannyBee 2y ago
Of these, the ones that are interesting are basically 1, 2, 3, 4, 5, 10.
The CFAA claim here is actually basically an extortion claim (plus other throwaway general claims) framed in CFAA terms.
See 18 U.S.C. § 1030(a)(7)
This is actually somewhat uncommon to see :)
However, it seems likely to be dismissed (without prejudice) or need to be amended since it looks like it doesn't plead the claim properly.
"(g)Any person who suffers damage ... may maintain a civil action ... A civil action for a violation of this section may be brought only if the conduct involves 1 of the factors set forth in subclauses (I), (II), (III), (IV), or (V) of subsection (c)(4)(A)(i).
They do not actually explicitly allege one of these factors is present, and it reads like it is a necessary element to maintain a civil action claim.
Now, mind you, the factors are present (It's stuff like 'you have to cause at least 5k in damage), but the response is going to state they've failed to plead a claim by not explicitly meeting all the necessary elements.
- dmvdoug 2y agoWell, there’s also specifically the element of exceeding authorization that doesn’t even seem plausible on its face. The real meat of the federal complaint is the request for a declaratory judgment.
- DannyBee 2y agoYeah but at least they bother to plead the exceeding authorization portion. I actually think they want more than just the trademark issue resolved. I agree it is sort of the minimum they want resolved (but i flag it as non-interesting because i don't think they will have a lot of trouble winning unless there is something amazing in the response) But i think they bothered to include the CFAA claim and unfair competition claim because losing access to those services worried them (and because the unfair competition claim enables them to air a whole bunch of evidence of conflicts/etc in front of a jury when it would otherwise be irrelevant)
- jcranmer 2y agoA speculation I've heard is that the CFAA is meant to try to get some preliminary injunctive relief.
- DannyBee 2y agoYeah, but they won't because they haven't fully pleaded the claim :)