Spyware Claim in Illinois

I am grateful to Ms Suzi Turner of ZDNet for attracting my attention to the class action that has been issued out of the US District Court for the Northern District of Illinois (Eastern Division) by Logan Simios and others against 180 Solutions Inc and 180 persons unknown (John Does 1 to 100). There is a link to the complaint from Ms Turner’s article.

To an English lawyer the complaint is a curious document. It’s nothing like our particulars of claim. The only thing that I have ever seen in my professional career that comes close is a Scottish pleading though mercifully the Americans don’t spice it up with lots of “esto” and other dog Latin the way the Scots do. I seem to remember that the Scots stick the defendant (sorry “defender’s” pleading) alongside the claimant’s (I mean “pursuer”) in a confusing mass of verbiage that makes me think of haggis.

Getting back to the Spyware case the claims against the defendant are alarming: computer fraud and abuse, breaches of federal electronic communications privacy and wiretap legislation, trespass to goods, consumer fraud, negligence, computer tampering and invasion of privacy. I’ll follow this case and keep everyone posted.

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About Jane Lambert

I am a barrister specializing in intellectual property, technology, media and entertainment and competition law. I specialize in helping SME (small and medium enterprises) protect and exploit their investment in brands, design, technology and the arts. SME require intellectual property (legal protection for their intellectual assets) at least as much as big business but their limited means restrict the way they can use it. Looking after such clients wisely requires skills and knowledge which have taken me years to learn.
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