One of the peers in our space, international dating, is accusing us of stealing some of their member profiles. They have threatened us with legal action repeatedly. If a female member uploads her pictures on our site, and also on their site, could they build a case against us for having the some of the same members?
The answer is "it depends." It is possible that some of your members have entered into exclusive arrangements with a competitor. If you solicited these members to violate their duties of exclusivity to a competitor, you may have engaged in a common-law tort. Otherwise, it is difficult to imagine how you would owe the competitor any duty.
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