Promblem and Problems Module 2

Promblem and Problems Module 2 - Christopher Brooks Sunday,...

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Christopher Brooks Sunday, August 21, 2011 Bus340 Ethical and Legal Issues in Business Professor Jeff Goff Problem 9 Was EF entitled to the preliminary injunction? The primary issue before the court was the question of authorization. EF's website was available to the public, and access was free. All Explorica did was look at, and take information from, each web page that EF made available for users to look at and take information from. Explorica accomplished this by using a scraper. There was no click wrap license, so the court had no writing to show that EF did not intend for the website to be used just as Explorica used it. Instead, the court looked to implied authorization under the Computer Fraud and Abuse Act. The Act makes it illegal to "access a protected computer without authorization or to an extent that exceeds authorized access and obtain anything of value." (EF Cultural Travel v. Explorica) The court held that EF's implied authorization to website users did not extend to the use of all of the information contained on the website. The court found that Explorica's conduct "reeked of use and, indeed, abuse of proprietary information." On May 30, 2001, the district court granted a preliminary injunction against Explorica based on the CFAA, which criminally
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Promblem and Problems Module 2 - Christopher Brooks Sunday,...

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