This case has been tried before, but in a different industry: http://en.wikipedia.org/wiki/MDY_Industries,_LLC_v._Blizzard_Entertainment,_Inc http://en.wikipedi

This case has been tried before, but in a different industry: http://en.wikipedia.org/wiki/MDY_Industries,_LLC_v._Blizzard_Entertainment,_Inc http://en.wikipedia.org/wiki/MDY_Industries,_LLC_v._Blizzard.... Basically MDY made a bot for world of warcraft. It would play the game for you to earn in-game gold. Blizzard did not like this and had forbidden it in their ToS (Just like ADP has disallowed certain aspects of what Zenefits does- automated access, etc..) Blizzard won the case. The main element was 'tortious interference' - MDY was interfering with the relationship between blizzard and its customers. It does not matter if the customer wanted to use the bot or not- MDY was encouraging the user to violate blizzards ToS.