I agree with the judge about the balance of hardships, but that in itself wouldn’t have been sufficient to grant the injunction. The judge also ruled that “hiQ has raised serious questions as to whether LinkedIn, in blocking hiQ’s access to public data, possibly as a means of limiting competition, violates state law.” There I disagree strongly. Take that out, and hiQ is off the hook for the CFAA, but LinkedIn is still allowed to use technical means to block scraping. Then you’d have a reasonable decision.

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