Legal Question in Intellectual Property in California

We have a service website. In our term of use, we clearly state that user can not use any manual or automate process to crawl/download data from our website.

However, our log shows that someone recently crawls our data. The IP address being used belongs to a big famous company (market capital around $30billion), say company A. That means someone from company A illegally crawl our data.

How can we enforce our term of use? Can we file a lawsuit against company A?


Asked on 1/04/11, 8:26 pm

3 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You can certainly file suit. However, it is less than certain that anyone can post data on a Web site and require that no one transfer any of that data by "crawling" or any other means of exploring the posted info. I can't guess the possible outcome of such a suit. Can you show damages?

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Answered on 1/09/11, 9:37 pm
Daniel Bakondi The Law Office of Daniel Bakondi

What are your damages. Please send me an email.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 1/09/11, 11:10 pm
Kevin B. Murphy Franchise Foundations, APC

s a Franchise Attorney I must ask a question. Did you copyright your website and have you filed for copyright protection with the Library of Congress? These are required before you can pursue statutory remedies for copyright infringement. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 1/10/11, 7:21 am


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