Federal Appeals Court Rules That Violating A Website's Terms Of Service Is Not A Crime

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At oral argument in July 2017, Judge Susan Graber pushed back [at around 33:40] on Oracle’s argument that automated scraping was a violation of the computer crime law. And Monday, the 3-judge panel issued a unanimous decision rejecting Oracle’s position. As the court held:

“[T]aking data using a method prohibited by the applicable terms of use”— i.e., scraping — “when the taking itself generally is permitted, does not violate” the state computer crime laws.

The court even refers to our brief:

“As EFF puts it, ‘[n]either statute . . . applies to bare violations of a website’s terms of use—such as when a computer user has permission and authorization to access and use the computer or data at issue, but simply accesses or uses the information in a manner the website owner does not like.’”

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Source : https://boingboing.net/2018/01/11/felony-eulas.html

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