hiQ Labs, Inc. v. LinkedIn Corp.
Opinion
Lead Opinion
Chen, J.
ORDER GRANTING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION
Docket No.
I. INTRODUCTION
Plaintiff hiQ initiated this action after Defendant Linkedln issued a cease and desist letter and attempted to terminate hiQ’s ability to access otherwise publicly available information on profiles of Linked-ln users. The letter threatens action under the Computer Fraud and Abuse Act (CFAA). Linkedln also employed various blocking techniques designed to prevent hiQ’s automated data collection methods. Linkedln brought this action after years of tolerating hiQ’s access and use of its data.
hiQ’s business involves providing information to businesses about their workforces based on statistical analysis of publicly available data, Its data .analytics business is wholly dependent on Linked-In’s public data. hiQ contends that Link-edln’s actions constitute unfair business practices under Cal. Bus. & Prof. Code §§ 17200 et seq. hiQ also raises a number of common law tort and contract claims, including intentional interference with contract and promissory estoppel, and further contends that Linkedln’s actions constitute a violation of free "speech under the California Constitution. ’