DomainTools hit with injunction over scraping
Seattle’s US District Court issued the injunction following complaints from the New Zealand commission that DomainTools’ methods for access, storage and use of registrant information constituted both a breach of contract and a violation of US consumer and fraud legislation.
The injunction prohibits DomainTools and its employees from accessing the .nz domain register and publishing information which it has historically compiled from it until further notice.
Judge Lasnik said that DomainTools assessment that this lawsuit may spark litigation worldwide as other registries attempt to protect the privacy of their registrants might be correct.
DomainTools had requested US$3.5 million in damages, due to submissions made to the court by its vice president of research and development that the problem would take “months” to fix and would cause “significant disruption to [DomainTools’] normal operations.
The court ultimately decided to grant DomainTools a nominal bond of US$1,000 – Judge Robert Lasnik reasoned that this comparatively small sum was due to the company’s inability to show a way of estimating their anticipated costs.
Neither DomainTools nor its counsel responded to a request for comment.
The trial is set to take place on 9 September 2019.
Counsel to Domain Name Commission
Partner Todd Hinnen in Seattle is assisted by Anna Thompson and Erin Earl
Counsel to DomainTools
Orrick Herrington & Sutcliffe
Partner Jacob Heath in California is assisted by Robert Uriarte, and Partner Aravind Swaminathan in Seattle is assisted by Melanie Phillips
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