[slavik81]

I'm talking specifically about the act of scraping, not about what is done with the data afterwards. The post I was responding to referred to a general scenario, rather than this specific lawsuit.

To focus on the act of scraping itself, consider a case where they download the data and study it privately. That should not go to court, even if they broke the ToS, unless there are measurable damages.

[tptacek]

And because of the nature of 1030g, it couldn't go to court without measurable damages, because CFAA civil claims can only pursue economic damages. So, in a real sense, the implication of using the CFAA in this case is the opposite of what Techdirt manipulatively implies that it is. CFAA limited the scope of this case and reduced the stakes.

edited: this said "for 3taps" before, but I'm not sure that's accurate.