In CollegeSource the plaintiff provided premium course catalog hosting services to colleges which catalogs defendants “scraped” off the the website in order to populate their own competing database.
Plaintiff sued for breach of contract, unjust enrichment (as an alternative to the contract breach claim) and for violation of the Computer Fraud and Abuse Act. Defendant moved for summary judgment, which led to some interesting decisions on all three points:
The unjust enrichment ruling actually raises the most interesting question from a procedural point of view: If the copied material is in fact found not to be copyrightable, should the unjust enrichment claim have been preempted? Perhaps a question for the appellate courts.
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