KieranMac

6 ms·

1.
by KieranMac 2y ago
I'm a lawyer that works in the web-scraping space, and I always chuckle when I read threads like this. Almost every company that we now consider a monopolist (or their affiliates) in the tech space used scraping a part of their process
2.
by KieranMac 3y ago
There are probably two dozen specialists on this issue nationwide. A properly targeted Google search will outperform your personal network of attorneys (and their network of attorneys) 99.9% of the time.
3.
by KieranMac 3y ago
Speaking of surgery, here's an analogy that might be helpful. Five years ago I had a catastrophic ankle injury I suffered while running in Moab. Two broken bones, lots of torn ligaments, and otherwise irreparable damage without serious
4.
by KieranMac 3y ago
There are certain tasks that you would never do yourself, such as surgery. And there are certain tasks like changing your oil where anyone with patience and diligence can do it themselves. It's just a question of whether you want to sp
5.
by KieranMac 3y ago
This is all good advice.
6.
by KieranMac 3y ago
Also, notice is a component of many legal claims.
7.
by KieranMac 3y ago
The best way to perform surgery is to read a few articles online and then get to cutting! It is certainly true that anyone can respond to a C&D letter. But whether you can do so without doing more harm than good is another question.
8.
by KieranMac 3y ago
It is worth pointing out that FB has a long history of litigating this issue, from Power Ventures, to BrandTotal, to Octoparse, to Voyager Labs and more. And they have about 80-90% track record of success. Obviously, they send C&Ds more
9.
by KieranMac 3y ago
I can't share client-specific stories because that's protected by AC privilege. But I think the recipients of these letters sometimes have more potential to negotiate than they realize.
10.
by KieranMac 3y ago
The problem with this advice is that this is a very niche area of law. Unless the people you know have had prior experiences with data-access/web-scraping legal issues, a generalist recommendation is very unlikely to be helpful here.
11.
by KieranMac 3y ago
As an attorney who has experience responding to Meta’s “anti-scraping team,” I think there might be more opportunities for amicable resolutions than you might expect (depending on the specifics of what you’re doing, of course). Meta is not
12.
by KieranMac 3y ago
No, it is not. If you do not have a fiduciary relationship with Boeing and you have no confidentiality obligations with respect to the information, you are not trading on inside information. If you're in the plane when the door blows u
13.
Bright Data Scores Major Victory in Web-Scraping Dispute with Meta(blog.ericgoldman.org)
3 points by KieranMac 3y ago|0 comments
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by KieranMac 3y ago
Nope.
15.
by KieranMac 3y ago
I agree with the first paragraph and strongly disagree with the second. If you are a US citizen and live in the US, for any pass-through entity, you will likely be taxed and need to register as a foreign entity in your home state. Probably
16.
by KieranMac 3y ago
It's just industry standard for capital raises. All corporate attorneys learn DE law when they go to law school and are expected to know it if they practice corporate law. A Colorado attorney doesn't know California law and a Cali
17.
by KieranMac 3y ago
I'm an attorney. Delaware is definitely not the cheapest or even in contention for the cheapest. Still, if you want to raise capital, the correct answer is DE C Corp. If you're not looking for external funding, any state will do.
18.
by KieranMac 3y ago
I am not certain who it is. And even if I were, I would not dox someone who wanted to keep their identity private.
19.
by KieranMac 3y ago
Actually, as I re-read this, this how it should go: -hiQ sues LinkedIn for injunctive relief in the ND Cal., win on its CFAA claim. -LinkedIn appeals to 9th Circuit, which sides with hiQ on CFAA claim -hiQ loses its antitrust claims at the
20.
by KieranMac 3y ago
These online agreements are often enforceable, even when companies have lots of resources to defend themselves.
21.
by KieranMac 3y ago
Scraping other sites while prohibiting it on your own is "do what I say, not what I do" behavior, which I think is a fair, consensus understanding of what it means to be hypocritical.
22.
by KieranMac 3y ago
I think the difference is that defeating the other team is the point of sports, whereas at least ostensibly the law is supposed to provide a set of coherent rules for businesses to compete against each other. Trademarks are defined accordin
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by KieranMac 3y ago
I don't. I just have a .pdf. Email me at Kieran(at)McCarthyLG(dot)com if you want a copy.
24.
by KieranMac 3y ago
Not a mixed judgment in Nov. 22. It was a massive defeat for hiQ Labs. Read the permanent injunction issued by the court.
25.
Web Scraping for Me, but Not for Thee(blog.ericgoldman.org)
3 points by KieranMac 3y ago|0 comments
26.
by KieranMac 4y ago
Lawyers can be random internet weirdos, too.
27.
by KieranMac 4y ago
That's a really good question. The judge's original rulings were very hiQ-favorable, with those opinions becoming progressively less favorable over time. Whether it was facts learned in discovery or push-back from somewhere else,
28.
by KieranMac 4y ago
Read the link; there's plenty of detail there. Not going to comment on the specifics of OP's case in a public forum, but if the OP wants a free consult, I'll do that.
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by KieranMac 4y ago
A better summary: Summary judgment was granted on behalf of LinkedIn against hiQ Labs for breach of contract. Summary Judgment was denied against hiQ Labs on its CFAA claims. So the court ruled that hiQ breached LinkedIn's contract. Th
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by KieranMac 4y ago
Shoot me an email at Kieran(at)McCarthyLG.com.

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