Scraping, Blocking, Suing and Enjoining
Denise has the story on the recent American Airlines v. Fairchase litigation wherein AA was granted an injunction prohibiting FairChase from accessing, using or scraping information from AA's web site for any commercial purpose.
One disturbing trend, [see prior post] also present here, is the enforcement of browse-read agreements to protect information placed on a web site. If the material is protectible under copyright law then contract law is unavailable [see prior post].
Whereas, if the material is not protectible, why should treatment differ from Feist, but it does if you treat browse-read the same as shrink wrap and invoke contract law, even though several courts have required click-wrap.
One disturbing trend, [see prior post] also present here, is the enforcement of browse-read agreements to protect information placed on a web site. If the material is protectible under copyright law then contract law is unavailable [see prior post].
Whereas, if the material is not protectible, why should treatment differ from Feist, but it does if you treat browse-read the same as shrink wrap and invoke contract law, even though several courts have required click-wrap.
