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Web Scraping and Copyright Preemption of State-Law Claims

This post explains why §301 copyright preemption splits matter and previews how each circuit treats contract‑based scraping claims. I’ve written over 3000 words on this subject before, but this is probably the most understudied and under-litigated issue in the world of web scraping. Preemption means that federal law overrides state law when the two are in conflict. The idea behind preemption is that certain legal issues must be handled at the national level rather than varying by state. Indeed, it is written into Section 301(a) of the Copyright Act that copyright law expressly preempts any state law that is “equivalent”…

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