Article · Intellectual Property and Technology

Web Scraping and the Law After hiQ v. LinkedIn: Where the CFAA, Contract, and Copyright Collide

Type
Article
Jurisdiction
National
Date
2025-03-13
Topic
Intellectual Property and Technology

A single automated request that reads a public web page can be lawful under one body of law and forbidden under another, because web scraping is governed by three doctrines that were written in different eras and never reconciled: the Computer Fraud and Abuse Act, contract, and copyright. This article explains each in plain language for the two audiences that need it—data collectors who want to gather information without ruinous liability, and website operators who want protections that actually hold. It traces the hiQ v. LinkedIn saga and its paradoxical ending, the Supreme Court's narrowing of the CFAA in Van Buren, the Bright Data contract rulings, the fact-versus-expression line drawn by Feist, and the wave of AI-training fair-use fights including Thomson Reuters v. ROSS, Kadrey v. Meta, and Bartz v. Anthropic. It maps the hierarchy of technical barriers from robots.txt to DMCA Section 1201, the common-law backstops of trespass to chattels and hot news, and closes with a practical risk spectrum for both sides and a detailed FAQ.

Web Scraping and the Law After hiQ v. LinkedIn: Where the CFAA, Contract, and Copyright Collide

Intellectual Property and Technology > Internet | Published 13 March 2025 - Updated 26 April 2025 | UpLaw - uplaw.us

Scraping a public web page can be perfectly legal, a breach of contract, a federal computer crime, or copyright infringement on an industrial scale—sometimes all depending on facts that have nothing to do with the page itself. This guide untangles the three doctrines that collide over the same automated click and shows both scrapers and site operators where the real risk lives.

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