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BrandTotal breached Facebook's terms, violated federal law, US magistrate judge finds

( May 27, 2022, 23:46 GMT | Official Statement) -- MLex Summary: Facebook parent Meta provided sufficient evidence that Israeli-based BrandTotal breached its terms of service by scraping user data from the platform, US Magistrate Judge Joseph C. Spero has found. Meta is entitled to judgment on its claim for breach of contract, and its claims under the federal Computer Fraud and Abuse Act (CFAA) and the California Comprehensive Computer Data Access and Fraud Act, Spero said. BrandTotal's UpVoice software, however, doesn't violate the CFAA. Meta is entitled to judgment on all of BrandTotal’s remaining counterclaims, he said. Spero will also instruct the jury that BrandTotal "at least negligently" failed to preserve evidence, despite a duty to do so, and "the jury may draw an adverse inference if it finds that failure was intentional," he said. He ordered BrandTotal to reimburse 75 percent of Meta’s fees and costs related to bringing its motion.See document below....

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