OpenRisk, LLC v. MicroStrategy Services Corp., No. 16-1852 (4th Cir. 2017)Annotate this Case
OpenRisk filed suit against MicroStrategy after MicroStrategy continued to provide services to OpenRisk's ex-employees after they had left and formed a new company. The Fourth Circuit affirmed the district court's grant of summary judgment to MicroStrategy and held that the federal Copyright Act preempted OpenRisk's computer fraud claims under the Virginia Computer Crimes Act (VCCA). The court explained that the core of OpenRisk's VCCA claims was the unauthorized copying and transfer of its data, and that claim was "equivalent to" a copyright infringement action and was thus preempted. The court also held that MicroStrategy was entitled to summary judgment on OpenRisk's remaining claims of computer trespass, tortious interference, and conspiracy.