Documents or electronically stored information sufficient to identify the (a) name, (b) mailing address, (c) telephone number and (d) email address of every person or entity on whose behalf Wipro or its agents visitedĬ or made requests of pages or data from web pages since January 1, 2015.Ģ. On September 8, 2016, CouponCabin served a subpoena duces tecum on Wipro, asking for the following:ġ. The letter concludes with a demand that, among other actions, "Wipro immediately (i) cease and terminate any scraping, harvesting or other misappropriation of Coupon Content," and "(ii) cease and desist from accessing the CouponCabin Website at all in the future." Id. The letter warns that CouponCabin intended to serve a subpoena on Wipro. The letter accuses Wipro of taking these actions on behalf of a client seeking to misappropriate CouponCabin content. Such nefarious conduct not only reveals the improper objectives of Wipro but also violates the Computer Fraud and Abuse Act. Following this IP block, Wipro agents made a concerted effort to circumvent the block through the use of VPNs and other IP-masking methods. After discovering the unauthorized activity, CouponCabin instituted an IP block of those Internet Protocol addresses known or suspected to be used or controlled by Wipro, in order to prevent Wipro from accessing the CouponCabin Website. The letter further provides:ĬouponCabin has evidence that Wipro has utilized various methods to gain unauthorized entry to the CouponCabin website and to engage in widespread copying, scraping and harvesting of data and Coupon Content, in direct violation of CouponCabin's Terms and Conditions. This conduct is unlawful, unauthorized, and in violation of the Terms and Conditions governing the use of the CouponCabin Website and its content." ( Id. ![]() The letter then represents that, in the course of its investigation in this litigation, "CouponCabin has obtained evidence that may have engaged in a substantial level of data harvesting and scraping from the CouponCabin Website. In the letter, CouponCabin represents that it protects and safeguards its website from unlawful access, attacks, content theft, and misuse. The letter identifies the instant litigation, which it calls the Harvester Lawsuit, and describes the nature of CouponCabin's business and the resources CouponCabin invests in establishing and maintaining relationships with online merchants and retailers to obtain the coupon content on its website. On August 25, 2016, CouponCabin sent a "cease and desist" letter to Wipro with the subject line "Unauthorized Access and Use of CouponCabin's Website and Property." (ECF 116-2, p. CouponCabin alleges, among other things, that these alleged activities violate the federal Computer Fraud and Abuse Act and the Digital Millennium Copyright Act. In this litigation, CouponCabin alleges that the Defendants "scraped" information from CouponCabin's public website by copying content displayed therein. Plaintiff CouponCabin, LLC ("CouponCabin") filed a response on January 26, 2017, and Wipro a reply on January 27, 2017. Briefing on the motion was stayed to allow the parties to resolve the dispute without court intervention, which they were unable to do. to Quash Subpoena and for Entry of Protective Order, filed by nonparty Wipro, Ltd. This matter is before the Court on a Motion of Wipro Ltd. ![]() ![]() CHERRY UNITED STATES DISTRICT COURT OPINION AND ORDER
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