Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)
Eric Goldman
DECEMBER 13, 2023
Based on my reading of the case law, the Fourth and Eighth Circuits broadly follow this approach. Based on my reading of lower court opinions, to date, courts in the Third Circuit also seem to follow the case-by-case approach. 2009) (holding that a contract was not preempted by copyright). were web scraping cases.
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