Volume II

Issue : 20: October 20, 2004

• VoIP Battle Intensifies in Hong Kong
• New York Court Refuses to Enforce Forum Selection Clause in Website Agreement
• U.S. Supreme Court Confirms ISPs Not Bound to Identify Music Sharing Subscribers
• ISPs Ordered to Divulge Names of British File Swappers
• Privacy Concerns Raised over FDAs Approval of Medical Data Chip
• First State Case under U.S. Federal Can-Spam Act Settles
• 9th Circuit Court of Appeals Affirms Internet Fraud Damages

Home > Volume II > Issue 20: October 20, 2004 > 9th Circuit Court of Appeals Affirms Internet Fraud Damages

9th Circuit Court of Appeals Affirms Internet Fraud Damages

Creative Computing had a successful Internet site, truckstop.com, which matched trucks with loads, to avoid a return drive without a revenue-producing load. Getloaded.com used a number of devices to copy the website business of its competitor, including hacking into the website, hiring away employees with confidential information, and registering a defunct company to subscribe to truckstop.com. Getloaded.com then disregarded an injunction that prevented it from destroying evidence of its wrongdoing. A district court awarded damages for violating the Idaho Trade Secrets Act and the Computer Fraud and Abuse Act, sanctions, and exemplary damages. The district court also issued a permanent injunction which prohibited Getloaded.com from accessing Creative Computing's website, even though it was publicly available. The Court of Appeal affirmed the damages award.

For additional information, visit:

http://caselaw.lp.findlaw.com/data2/circs/9th/0235856p.pdf