Durie Tangri Wins Motion to Dismiss Computer Fraud and Abuse Act and Other Claims

September 15, 2010

The firm has secured a victory on behalf of its client, Eventbrite Inc., in a case pending in the United States District Court for the Eastern District of Virginia. Judge Leonie M. Brinkema ruled today that Eventbrite, an event planning company that allegedly accessed and copied venue-related data from a competitor's publicly available online database, and used it on its own website, did not access the information “without authorization” even though that activity was prohibited in the website terms of service.  The court concluded that: (1) the terms of the browsewrap terms of service were not presented prominently and therefore not enforceable; and (2) even if the terms had been enforceable, the competitor's access to the data was not unauthorized.  The Court also dismissed a claim under Virginia's Computer Crimes Act, on the grounds that it was preempted by the Copyright Act.

Durie Tangri lawyers Michael Page and Sonali Maitra led the firm's efforts. The case is Cvent Inc. v. Eventbrite Inc., E.D. Va., No. 10-481.  To view the Court's order, click on the link below.