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The Ninth Circuit held that the district court did not abuse its discretion, finding that although some LinkedIn users retained their privacy despite their public status, such privacy interests did not outweigh HiQ’s preservation interest. In a second decision in April 2022, the Ninth Circuit affirmed its decision. Users can find jobs, people, and job opportunities recommended by someone in the network. The 9th Circuit affirmed the district court’s injunction, preventing LinkedIn from denying plaintiff hiQ Labs access to LinkedIn’s public LinkedIn member profiles. While global precedence exists thanks to large companies like Thomson Reuters, Bloomberg or Google effectively using web scraping or crawling to collect information from disparate sources on the web, the Ninth Circuit’s decision essentially reinforces the lack of applicability of browsing scrolling to the public Agreements regarding the conduct of trade using information.
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