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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CREATIVE COMPUTING, dba Internet Truckstop.com, Plaintiff-Appellee, v. GETLOADED.COM LLC, and/or Codified Corporation, Defendant-Appellant, and JACK C. MARTIN, Defendant.    No. 02-35856 D.C. No. CV-00-00476-BLW OPINION Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, District Judge, Presiding Argued and Submitted February 10, 2004—Seattle, Washington Filed October 15, 2004 Before: D
  FOR PUBLICATION UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUIT    C REATIVE C OMPUTING , dba InternetTruckstop.com, Plaintiff-Appellee, v.No. 02-35856G ETLOADED . COM LLC, and/orD.C. No.  Codified Corporation,CV-00-00476-BLW  Defendant-Appellant, OPINIONandJ ACK C. M ARTIN ,  Defendant.  Appeal from the United States District Courtfor the District of IdahoB. Lynn Winmill, District Judge, PresidingArgued and SubmittedFebruary 10, 2004—Seattle, WashingtonFiled October 15, 2004Before: Dorothy W. Nelson, Andrew J. Kleinfeld, andRaymond C. Fisher, Circuit Judges.Opinion by Judge Kleinfeld 14565  COUNSEL John W. Dozier, Jr., Dozier Law Offices, P.C., Glen Allen,Virginia, for the appellant. 14567C REATIVE C OMPUTING v. G ETLOADED . COM  Steven B. Andersen (argued), Holland & Hart, LLP, Boise,Idaho, and Marcy G. Glenn (briefed), Holland & Hart, LLP,Denver, Colorado, for the appellee. OPINION KLEINFELD, Circuit Judge:This case requires us to construe damages provisions in theComputer Fraud and Abuse Act. 1   Facts Truck drivers and trucking companies try to avoid dead-heading. “Deadheading” means having to drive a truck, ordi-narily on a return trip, without a revenue-producing load. If the truck is moving, truck drivers and their companies wantit to be carrying revenue-producing freight. In the past, truck-ers and shippers used blackboards to match up trips and loads.Eventually television screens were used instead of black-boards, but the matching was still inefficient. Better informa-tion on where the trucks and the loads are — and quick, easyaccess to that information — benefits shippers, carriers, andconsumers.Creative Computing developed a successful Internet site,truckstop.com, which it calls “The Internet Truckstop,” tomatch loads with trucks. The site is very easy to use. It hasa feature called “radius search” that lets a truck driver in, say,Middletown, Connecticut, with some space in his truck, findwithin seconds all available loads in whatever mileage radiushe likes (and of course lets a shipper post a load so that atrucker with space can find it). The site was created so earlyin Internet history and worked so well that it came to domi-nate the load-board industry. 1 18 U.S.C. § 1030. 14568C REATIVE C OMPUTING v. G ETLOADED . COM  Getloaded decided to compete, but not honestly. AfterGetloaded set up a load-matching site, it wanted to get a big-ger piece of Creative’s market. Creative wanted to preventthat, so it prohibited access to its site by competing load-matching services. The Getloaded officers thought truckingcompanies would probably use the same login names andpasswords on truckstop.com as they did on getloaded.com.Getloaded’s president, Patrick Hull, used the login name andpassword of a Getloaded subscriber, in effect impersonatingthe trucking company, to sneak into truckstop.com. Getload-ed’s vice-president, Ken Hammond, accomplished the samething by registering a defunct company, RFT Trucking, as atruckstop.com subscriber. These tricks enabled them to see allof the information available to Creative’s bona fide custom-ers.Getloaded’s officers also hacked into the code Creativeused to operate its website. Microsoft had distributed a patchto prevent a hack it had discovered, but Creative Computinghad not yet installed the patch on truckstop.com. Getloaded’spresident and vice-president hacked into Creative Comput-ing’s website through the back door that this patch wouldhave locked. Once in, they examined the source code for thetremendously valuable radius-search feature.Getloaded used a more old-fashioned trick to get unautho-rized access to Creative Computing’s customer list. It hiredaway a Creative Computing employee who had givenGetloaded an unauthorized tour of the truckstop.com website.This employee, while still working for Creative, accessedconfidential information regarding several thousand of Cre-ative’s customers. He downloaded, and sent to his home e-mail account, the confidential address to truckstop.com’sserver so that he could access the server from home andretrieve customer lists.Creative Computing first discovered what Getloaded haddone at a trade show in 1999. Getloaded was demonstrating 14569C REATIVE C OMPUTING v. G ETLOADED . COM
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