Comment by hrimfaxi

4 days ago

They settled out of court, that doesn't mean that they were found to be in breach of the terms.

These were some of the notable elements (worth noting that none mention breaching terms of service):

> Damages: Judgment in the amount of $500,000 is entered against hiQ, with all other monetary relief waived.

> CFAA liability: hiQ stipulates that LinkedIn experienced losses sufficient to, and “may establish liability” under a CFAA civil claim “based on hiQ’s data collection practices and based on hiQ’s direct access to password-protected pages on LinkedIn’s platforms using fake accounts.”

> California “CFAA”: hiQ stipulates that LinkedIn “may establish civil liability” under California’s state-law counterpart to the CFAA based on hiQ’s data collection practices, use of fake accounts and other means to evade detection by LinkedIn, hiQ’s direct access to password-protected pages on LinkedIn’s platforms using fake accounts, and hiQ’s unauthorized commercial use of data.

> Trespass: hiQ stipulates that LinkedIn has established judgment as to liability under California law for the common law torts of trespass to chattels and misappropriation.

> Irreparable harm: hiQ stipulates that LinkedIn has established that it has suffered an irreparable injury and that LinkedIn satisfied the remaining factors and is entitled to a permanent injunction.

https://natlawreview.com/article/hiq-and-linkedin-reach-prop...