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Software Vendors, 3rd-Party End Users And The CFAA

Law360, New York (January 14, 2015, 10:41 AM EST) -- Can a software vendor assert a Computer Fraud and Abuse Act claim against a third-party end user for unauthorized access to the vendor's licensed software operating on the vendor's client's computers? In other words, does the vendor have a viable CFAA claim if it does not own the accessed computers, but access nonetheless violates the terms of the vendor's software license agreement? The cases discussed in this article show that such a claim might stand provided that the client did not authorize the access....

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