REUTERS: A federal appeals court on Monday rejected LinkedIn's effort to stop a San Francisco company from using information that users of the professional networking website have deemed public.
Circuit Judge Marsha Berzon said hiQ, which makes software to help employers determine whether employees will stay or quit, showed it faced irreparable harm absent an injunction because it might go out of business without access. "LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles," Berzon wrote."And as to the publicly available profiles, the users quite evidently intend them to be accessed by others," including prospective employers.In a statement, LinkedIn said it was disappointed with the decision and evaluating its options, and will"fight to protect our members and the information they entrust" to it.
Craigslist, the classified ad website, had supported LinkedIn's appeal, warning that the injunction could have a"dangerous impact" by making it easier for"bad actors" to find targets for unwanted email, text or phone-based marketing.
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