CNET News.com, February 26, 2004,
By Declan McCullagh
Staff Writer, CNET News.com.

U.S. District Judge Naomi Buchwald said in an opinion released this week that Berkshire Information Systems did not run afoul of the controversial 1998 copyright law by allegedly downloading up to 85 percent of a proprietary advertising-tracking database from the Web site of competitor Inquiry Management Systems (IMS).
Buchwald said, however, that she would allow the case to proceed to trial because Berkshire may have violated the Computer Fraud and Abuse Act, a law commonly used to convict computer intruders. The law, invoked in the recent Adrian Lamo case, permits both criminal prosecution and civil lawsuits when an Internet-connected computer is accessed “without authorization.”

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