· 4/16/2009
A v. Ex Rel. Vanderhye v. Iparadigms, LLC
Citations
- 562 F.3d 630
- 90 U.S.P.Q. 2d (BNA) 1513
- 2009 U.S. App. LEXIS 7892
- 2009 WL 1015145
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that use of another’s password to access website without website owner’s permission was unauthorized access in violation of CFAA
- noting that the “broadly worded [§ 1030(e)(11)] plainly contemplates consequential damages of the type sought by iParadigms—costs incurred as part of the response to a [] violation”
- explaining that the statute is “primarily a criminal statute designed to combat hacking”
- noting allegedly infringing uses “can be transformative in function or purpose without altering or actually adding to the original work”
- faulting the plaintiffs for “fail[ing] to recognize the overlap that exists between the [first and third] fair use factors”
- “This broadly worded provision plainly contemplates . . . costs incurred as part of the response to a CFAA violation, including the investigation of an offense.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkinson, Motz, Traxler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.